Education and Skills Act 2008 (c. 25)

SCHEDULES

SCHEDULE 1 E+W Minor and consequential amendments

Part 2 E+W Miscellaneous

Prospective

Criminal Justice and Immigration Act 2008 (c. 4) E+W

90 (1) Schedule 7 to the Criminal Justice and Immigration Act 2008 (youth default orders: modification of provisions applying to youth rehabilitation orders) is amended as follows. E+W

(2) In paragraph 5 (enforcement, revocation and amendment of youth default order), in sub-paragraph (1), at the end add “but subject to paragraph 5A”.

(3) After that paragraph insert—

“Enforcement, revocation and amendment: order made in respect of conviction under section 51 of the Education and Skills Act 2008

5A (1) This paragraph applies where—

(a) a youth default order has been made in a person’s case in respect of a fine imposed on conviction of an offence under section 51 of the Education and Skills Act 2008 (offence relating to failure to participate in education or training), and

(b) the person has reached the age of 18.

(2) Paragraph 5 has effect as if sub-paragraph (3) provided for any power of the court to revoke a youth rehabilitation order and deal with the offender for the offence to be taken to be a power to—

(a) revoke the youth default order, and

(b) specify the amount of the relevant sum (within the meaning given by section 55 of the Education and Skills Act 2008) that, having regard to the extent if any to which the person has complied with the order, is to be treated as remaining unpaid and, accordingly, to be enforceable by virtue of section 56 of that Act.”