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The Education (Penalty Notices) (England) (Amendment) Regulations 2004

S.I. 2004/920 · Made 25 March 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This Statutory Instrument has been made in consequence of a defect in SI 2004/181 and is being issued free of charge to all known recipients of that Statutory Instrument.

EDUCATION, ENGLAND

Made 25th March 2004

Laid before Parliament 1st April 2004

Coming into force 22nd April 2004

The Secretary of State for Education and Skills, in exercise of the powers conferred upon him by sections 444A, 444B and 569 of the Education Act 1996f1 hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1996 c. 56

Contents

  1. 1Citation, commencement and application
  2. 2Service of notices
  3. Signature
  4. Explanatory note

1Citation, commencement and application

(1)

These Regulations may be cited as the Education (Penalty Notices) (England) (Amendment) Regulations 2004 and shall come into force on 22nd April 2004.

(2)

These Regulations apply only in relation to England.

2Service of notices

For regulation 20(2) of the Education (Penalty Notices) (England) Regulations 2004f1 there shall be substituted—

“(2)

Service by post shall be deemed to have been effected, unless the contrary is proved, on the second working day after posting the notice by first-class post.

(3)

In this regulation “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971f2.”

Signature

Ivan Lewis

Parliamentary Under Secretary of State

Department for Education and Skills

25th March 2004

Explanatory note

(This note is not part of the Order)

These regulations amend the Education (Penalty Notices) (England) Regulations 2004 by inserting new paragraphs (2) and (3) into regulation 20.

Paragraph (2) makes it clear that the recipient may prove that a notice served by post was not delivered to him. It also provides that two days service is to be calculated without taking account of Saturdays, Sundays or Bank Holidays.