Regulation 6 Limitation on number of penalty notices which may be issued under section 444A(1) of the Education Act 1996 in respect of the same parent and childI1
England and Wales
After regulation 12 insert—
“Limitation on number of penalty notices which may be issued under section 444A(1) of the 1996 Act in respect of the same parent and child
12A(1)An authorised officer may not issue a penalty notice to a parent under section 444A(1) of the 1996 Act in respect of a child where two penalty notices have been issued to the parent under that section in respect of the child in the preceding three-year period.
(2)“Preceding three-year period” means the period of three years ending with the date on which the penalty notice is proposed to be issued.
(3)For the purposes of this regulation the following penalty notices issued under section 444A(1) of the 1996 Act are to be disregarded—
(a)any penalty notice issued before 19th August 2024,
(b)any penalty notice which has been withdrawn, and
(c)any penalty notice issued in respect of an offence for which the parent has been found not guilty by a court.”.
In regulation 14—
renumber regulation 14 as paragraph (1) of that regulation;
in paragraph (1) (as renumbered), in sub-paragraph (d) after “issued” insert “under section 105(1) of the 2006 Act,”;
after paragraph (1) insert—
“(2)Codes of conduct under this regulation must also include a statement of the steps that it may be appropriate for the authority to take in the event that it is prevented from issuing a penalty notice by reason of regulation 12A.”.