The Education (Penalty Notices) (England) (Amendment) Regulations 2005

• Citation: S.I. 2005/2029
• Sections: 5

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Education (Penalty Notices) (England) (Amendment) Regulations 2005 and shall come into force on 1 st September 2005.

(2) These Regulations apply only in relation to England.

Section 2 Amendment of the Education (Penalty Notices) (England) Regulations 2004

The Education (Penalty Notices) (England) Regulations 2004 shall be amended in accordance with regulations 3 to 5.

Section 3 Amendment of the Education (Penalty Notices) (England) Regulations 2004

In regulation 1(2), add the following definition—

“alternative educational provision” means—

education provided by a local education authority for a child otherwise than at school or at his home by way of arrangements made under section 19 of the Act; and

education at a place outside the premises of the school at which the child is a registered pupil and which the child is required by the appropriate authority (within the meaning of section 444ZA of the Act) to attend for the purpose of receiving any instruction or training.

Section 4 Amendment of the Education (Penalty Notices) (England) Regulations 2004

In regulation 2—

(a) for sub-paragraph (b) substitute—

(b) the name and address of the child who is failing to attend school regularly or who is failing to attend alternative educational provision regularly and, as applicable—

(i) the name of the school where he is a registered pupil; and

(ii) the place where the alternative educational provision is provided for the child or at which he is required to attend;

(b) for sub-paragraph (f) substitute—

(f) the name and the address of the local education authority to which the penalty is to be paid and to which any correspondence relating to the penalty notice may be sent, being, as applicable—

(i) the local education authority in the area of which the school at which the recipient’s child is a registered pupil is situated; or

(ii) the local education authority which has made arrangements for the alternative educational provision to be provided for the recipient’s child;

Section 5 Amendment of the Education (Penalty Notices) (England) Regulations 2004

For regulation 10 substitute—

(10)

(1) Subject to paragraph (2), an officer of a local education authority may only issue a penalty notice in respect of—

(a) a child who is a registered pupil at a school in the area of that local education authority; or

(b) a child for whom that local education authority has made arrangements (whether or not in the area of that authority) under section 19 of the Act for the provision of education for him otherwise than at school or at his home.

(2) 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.