Explanatory note

These regulations 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). They only apply in England.

Regulation 2 sets out the matters to be contained in a penalty notice. Regulations 3 and 4 prescribe the level of the penalty which is to be paid to the local education authority, and what is evidence of its payment or non-payment.

Regulation 5 prescribes 42 days as the period before which no proceedings can be commenced. If the penalty is not paid within that time, Regulation 6 requires the local education authority either to prosecute for the offence under section 444 or to withdraw the notice on one of the grounds set out in Regulation 7.

Regulations 8 to 11 set out details about the issuing of penalty notices.

Regulations 12 to 14 require the local education authority to draw up and consult on a code of conduct for the issuing of penalty notices. Regulations 15 and 16 provide for the Secretary of State to have power to direct a local education authority to draw up a draft code or revisions to a code and for the Secretary of State to approve the draft code or revisions.

Regulations 17 to 19 require records to be kept, a copy of any penalty notice issued to be given to the local education authority, and information to be given to the Secretary of State.

Regulation 20 sets out how penalty notices may be served on the recipient.

Regulation 21 requires local education authorities to use the sums received as penalties to meet the costs of operation and enforcement of the penalty notice scheme.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.