Explanatory note

These Regulations amend the Education (Penalty Notices) (England) Regulations 2004 which prescribe the necessary details for the operation of the penalty notice scheme under section 444A of the Education Act 1996 (inserted by the Anti-Social Behaviour Act 2003). The Regulations only apply to England.

Section 444ZA of the Education Act 1996 (inserted by section 116 of the Education Act 2005) makes it an offence for a parent to fail to secure regular attendance of a child at alternative educational provision (as defined in regulation 3 of these Regulations). Where it is considered that a person has committed this offence, a penalty notice may be issued (section 444A of the 1996 Act). The Education (Penalty Notices) (England) Regulations 2004 make provision, amongst other things, as to the form and content of penalty notices and for limiting the circumstances in which authorised officers may give such notices.

The Regulations make minor changes to the form and content of the penalty notices to include information relating to alternative provision.

The Regulations extend the authority of an officer of a local education authority to issue penalty notices in respect of a child who is required to attend alternative provision.