The Education (Penalty Notices) (England) (Amendment) Regulations 2013 No. 757

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Statutory Instruments

2013 No. 757

Education, England

The Education (Penalty Notices) (England) (Amendment) Regulations 2013

Made

26th March 2013

Laid before Parliament

4th April 2013

Coming into force

1st September 2013

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 444B(1), (2) and (4) and 569 of the Education Act 1996(1) and sections 106(1), (2) and (4) and 181 of the Education and Inspections Act 2006(2).

Citation, commencement and application

1.-(1) These Regulations may be cited as The Education (Penalty Notices) (England) (Amendment) Regulations 2013 and come into force on 1st September 2013.

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

Amendment of The Education (Penalty Notices) (England) Regulations 2007

2.-(1) The Education (Penalty Notices) (England) Regulations 2007(3) is amended as follows.

(2) In regulations 3(e), 4(a) and 4(b), for "28 days" substitute "21 days" and for "42 days" substitute "28 days".

(3) In regulations 5 and 7, for "42 days" substitute "28 days".

Transitional provision

3.-(1) The amendments made by regulation 2 have no effect in relation to a penalty notice given in respect of an offence to which paragraph (2) applies.

(2) This paragraph applies to an offence alleged to have been partly or wholly committed before 1st September 2013.

(3) In this regulation, "offence" refers to an offence under section 444(1) of the Education Act 1996 or section 103(3) of the Education and Inspections Act 2006.

Elizabeth Truss

Parliamentary Under Secretary of State

Department for Education

26th March 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (Penalty Notices) (England) Regulations 2007 ("the Principal Regulations") to shorten the period in which the penalty notice must be paid to the local education authority.

regulation 2

Regulations 5 (period for payment of the penalty) and 7 (period during which proceedings may not be instituted) of the Principal Regulations are also amended to shorten the period from 42 days to 28 days.

regulation 3

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

(1)

1996 c.56; section 444B was inserted by the Anti-social Behaviour Act 2003 (c.38), section 23(1). There are amendments to sections 444B(4) and 569 not relevant to these Regulations.

(2)

2006 c.40; there are amendments to section 181 not relevant to these Regulations.


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URL: http://www.bailii.org/uk/legis/num_reg/2013/uksi_2013757_en_1.html