Regulation 7 Use of sums received under section 444A of the Education Act 1996 to include supporting attendance at schoolsI1

For regulation 23 substitute—

“Sums received by local authorities

23

(1)

The functions of a local authority specified for the purposes of section 105(5) of the 2006 Act are—

(a)

the function of issuing and enforcing penalty notices under section 105(1) of the 2006 Act, and

(b)

the function of prosecuting offences committed under section 103(3) of the 2006 Act.

(2)

The functions of a local authority specified for the purposes of section 444A(6) of the 1996 Act are—

(a)

the function of issuing and enforcing penalty notices issued under section 444A(1) of the 1996 Act,

(b)

the function of prosecuting offences committed under section 444(1) of the 1996 Act, and

(c)

any other functions of the local authority which serve to support the regular attendance at school of registered pupils.

(3)

To the extent that sums received by a local authority are not used for the purposes of the functions specified in paragraph (1) or (2), as the case may be, they must be paid to the Secretary of State.”.