Regulation 12 Limitation on local education authorities issuing penalty notices
Subject to paragraph (2), an officer of a local education authority may only issue a penalty notice in respect of a child —
who is a registered pupil at a school in the area of that authority;
for whom that authority has made arrangements for alternative educational provision (whether or not in the area of that authority); or
who is not, at the time the notice is given, a registered pupil at any school (whether due to permanent exclusion or otherwise) but resides in the area of that authority.
Where a local education authority has entered into an agreement with another local education authority for an officer of that other authority to issue penalty notices in respect of a child to which paragraph (1)(a) or (b) applies, an officer of that other authority may issue a penalty notice in respect of such child.