# The Education (Penalty Notices) (England) (Amendment) (No. 2) Regulations 2024, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations correct defects and make other minor changes to the Education (Penalty Notices) (England) Regulations 2007 (S.I. 2007/1867) and the Education (Penalty Notices) (England) (Amendment) Regulations 2024 (S.I. 2024/210).
Regulation 3 inserts paragraph (4A) into regulation 4 of the Education (Penalty Notices) (England) Regulations 2007 in order that the following penalty notices issued under section 444A(1) of the Education Act 1996 (c. 56) are to be disregarded in the determination of the amount of the penalty: (a) any penalty notice issued in respect of an offence committed over a period that begins before 19th August 2024, (b) any penalty notice which has been withdrawn during the preceding three-year period, and (c) any penalty notice issued in respect of an offence for which the parent has during the preceding three-year period been found not guilty by a court. Previously, regulation 4(6), which is omitted by these Regulations, referred only to disregarding any penalty notice issued under section 444A(1) of the Education Act 1996 before 19th August 2024.
Regulation 4 amends regulation 12A(3)(a) of those Regulations in order that it is any penalty notice issued in respect of an offence committed over a period that begins before 19th August 2024 that must be disregarded when determining whether the limitation on the number of penalty notices which may be issued under section 444A(1) of the Education Act 1996 has been reached. Previously regulation 12A(3)(a) referred only to disregarding any penalty notice issued before 19th August 2024.
Regulation 5 amends regulation 4(3) of the Education (Penalty Notices) (England) (Amendment) Regulations 2024 in order that the amendments made by regulation 4 of those regulations do not apply for the purposes of determining the amount of the penalty to be paid under a penalty notice issued in respect of an offence committed over a period that begins before 19th August 2024. Previously regulation 4(3) referred only to an offence committed before 19th August 2024.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk. Hard copies are available from the Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT.

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Source: https://www.legislation.gov.uk/uksi/2024/717/note (the official version)
Page: https://openlegislation.uk/education-penalty-notices-england-amendment-no-2-regulations-2024/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.