Regulation 4 Increased amount of penalty for penalty notices issued under section 444A(1) of the Education Act 1996I1

England and Wales

(1)

In regulation 4—

(a)

renumber regulation 4 as paragraph (1) of that regulation;

(b)

in paragraph (1) (as renumbered)—

(i)

in the words before sub-paragraph (a), after “paid” insert “under a penalty notice issued under section 105(1) of the 2006 Act”;

(ii)

in sub-paragraph (a) for the words from “21 days” to the end substitute “the period of 21 days beginning with the date on which the notice is received”;

(iii)

in sub-paragraph (b)—

(aa)

for “paragraph” substitute “sub-paragraph”;

(bb)

omit the words from “but where” to the end;

(c)

after paragraph (1) insert—

“(2)
The amount of the penalty to be paid under a penalty notice issued to a parent under section 444A(1) of the 1996 Act is as follows.
(3)
Where no penalty notice has been issued to the parent under section 444A(1) of the 1996 Act in respect of the same child in the preceding three-year period, the amount of the penalty is—
(a)
£80, where the amount is paid within the period of 21 days beginning with the date on which the notice is received;
(b)
£160, where sub-paragraph (a) does not apply.
(4)
Where a penalty notice has been issued to the parent under section 444A(1) of the 1996 Act in respect of the same child in the preceding three-year period, the amount of the penalty is £160.
(5)
“Preceding three-year period” means the period of three years ending with the date on which the penalty notice is issued.
(6)
For the purposes of paragraphs (3) and (4), any penalty notice issued under section 444A(1) of the 1996 Act before 19th August 2024 is to be disregarded.”.

(2)

In regulation 3 for paragraph (e) substitute—

“(e)
an explanation of the amount of the penalty which in accordance with regulation 4 is to be paid under the notice;”.

(3)

The amendments made by this regulation 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 F1over a period that begins before 19th August 2024.

Annotations

Textual amendments

F1: Words in reg. 4(3) inserted (19.8.2024) by The Education (Penalty Notices) (England) (Amendment) (No. 2) Regulations 2024 (S.I. 2024/717), regs. 1(2), 5(2)

Commencement

I1: Reg. 4 in force at 19.8.2024, see reg. 1(2)