Regulation 7 Withdrawal of penalty notice
(1)
A penalty notice may be withdrawn by the local education authority in any case in which that authority determines that —
(a)
it ought not to have been issued, or
(b)
it ought not to have been issued to the person named as the recipient.
(2)
Where a penalty notice has been withdrawn in accordance with paragraph (1) —
(a)
notice of the withdrawal shall be given to the recipient;
(b)
any amount paid by way of penalty in pursuance of that notice shall be repaid to the person who paid it; and
(c)
no proceedings shall be continued or instituted against the recipient for the offence in connection with which the withdrawn notice was issued or for an offence under section 444(1A) of the Act arising out of the same circumstances.