The Education (Penalty Notices) (England) (Amendment) (No. 2) Regulations 2024

• Citation: S.I. 2024/717
• Sections: 5

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Education (Penalty Notices) (England) (Amendment) (No. 2) Regulations 2024.

(2) These Regulations come into force on 19th August 2024.

(3) These Regulations extend to England and Wales.

Section 2 Amendment of the Education (Penalty Notices) (England) Regulations 2007

The Education (Penalty Notices) (England) Regulations 2007 are amended in accordance with regulations 3 and 4.

Section 3 Amendment of regulation 4

(1) Regulation 4 (amount of penalty) is amended as follows.

(2) In paragraph (3) after “Where no” insert “previous” .

(3) In paragraph (4) after “Where a” insert “previous” .

(4) After paragraph (4) insert—

(4A) For the purposes of paragraphs (3) and (4), the following penalty notices issued under section 444A(1) of the 1996 Act are to be disregarded—

(a) any penalty notice issued in respect of an offence committed over a period that begins before 19th August 2024,

(b) any penalty notice which has been withdrawn during the preceding three-year period, and

(c) any penalty notice issued in respect of an offence for which the parent has during the preceding three-year period been found not guilty by a court.

(5) In paragraph (5) after “penalty notice” insert “mentioned in paragraph (2)” .

(6) Omit paragraph (6).

(7) The amendments made by this regulation do not apply for the purposes of determining the amount of the penalty to be paid under a penalty notice issued in respect of an offence committed over a period that begins before 19th August 2024.

Section 4 Amendment of regulation 12A

(1) Regulation 12A (limitation on number of penalty notices which may be issued under section 444A(1) of the 1996 Act in respect of the same parent and child) is amended as follows.

(2) In paragraph (1) after “where two” insert “previous” .

(3) In paragraph (3)(a) after “issued” insert “in respect of an offence committed over a period that begins” .

Section 5 Amendment of the Education (Penalty Notices) (England) (Amendment) Regulations 2024

(1) The Education (Penalty Notices) (England) (Amendment) Regulations 2024 are amended as follows.

(2) In regulation 4(3), after “committed” insert “over a period that begins” .