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The Education (Penalty Notices) (England) (Amendment) Regulations 2004
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Statutory Instruments
2004 No. 920
EDUCATION, ENGLAND
The Education (Penalty Notices) (England) (Amendment) Regulations 2004
Made
25th March 2004
Laid before Parliament
1st April 2004
Coming into force
22nd April 2004
The Secretary of State for Education and Skills, in exercise of the powers conferred upon him by sections 444A, 444B and 569 of the Education Act 1996(1) hereby makes the following Regulations:
Citation, commencement and application
1.—(1) These Regulations may be cited as the Education (Penalty Notices) (England) (Amendment) Regulations 2004 and shall come into force on 22nd April 2004.
(2) These Regulations apply only in relation to England.
Service of notices
2. For regulation 20(2) of the Education (Penalty Notices) (England) Regulations 2004(2) there shall be substituted—
“(2) Service by post shall be deemed to have been effected, unless the contrary is proved, on the second working day after posting the notice by first-class post.
(3) In this regulation “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971(3).”
Ivan Lewis
Parliamentary Under Secretary of State
Department for Education and Skills
25th March 2004
Explanatory Note
(This note is not part of the Order)
These regulations amend the Education (Penalty Notices) (England) Regulations 2004 by inserting new paragraphs (2) and (3) into regulation 20.
Paragraph (2) makes it clear that the recipient may prove that a notice served by post was not delivered to him. It also provides that two days service is to be calculated without taking account of Saturdays, Sundays or Bank Holidays.
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