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Issue of penalty notices

Limitation on local authorities, issuing penalty notices

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

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

(b)for whom that authority has made arrangements for alternative educational provision (whether or not in the area of that authority); or

(c)who is not, at the time the notice is given, a registered pupil at any school (whether due to permanent exclusion or otherwise) but resides in the area of that authority.

(2) Where a local authority has entered into an agreement with another local 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.