http://www.legislation.gov.uk/ukpga/2008/25/section/53Education and Skills Act 2008An Act to make provision about education and training; and for connected purposes.texttext/xmlenStatute Law Database2026-07-22Expert Participation2026-07-15 Education and Skills Act 2008s. 138(1A)Children’s Wellbeing and Schools Act 2026s. 43(8)(b)s. 78(5)Education and Skills Act 2008s. 118A-118FChildren’s Wellbeing and Schools Act 2026s. 44(4)s. 78(5)Education and Skills Act 2008s. 124(4A)Children’s Wellbeing and Schools Act 2026s. 44(5)s. 44(8)s. 78(5)Education and Skills Act 2008s. 125(1)(e)-(h)Children’s Wellbeing and Schools Act 2026s. 44(6)(a)(ii)s. 78(5)Education and Skills Act 2008s. 125(8)-(10)Children’s Wellbeing and Schools Act 2026s. 44(6)(b)s. 78(5)Education and Skills Act 2008s. 126AChildren’s Wellbeing and Schools Act 2026s. 44(7)s. 78(5)Education and Skills Act 2008s. 96(5)Children’s Wellbeing and Schools Act 2026s. 45(1)s. 78(5)Education and Skills Act 2008Sch. A1Children’s Wellbeing and Schools Act 2026s. 45(2)s. 78(5)Education and Skills Act 2008s. 98(3)(ea)Children’s Wellbeing and Schools Act 2026s. 46(2)(a)(ii)s. 78(5)Education and Skills Act 2008s. 98(3A)(3B)Children’s Wellbeing and Schools Act 2026s. 46(2)(b)s. 78(5)Education and Skills Act 2008s. 99(6)Children’s Wellbeing and Schools Act 2026s. 46(3)s. 78(5)Education and Skills Act 2008s. 101(2)-(2D)Children’s Wellbeing and Schools Act 2026s. 46(5)s. 78(5)Education and Skills Act 2008s. 102(3)Children’s Wellbeing and Schools Act 2026s. 46(6)s. 78(5)Education and Skills Act 2008s. 104(1)-(1B)Children’s Wellbeing and Schools Act 2026s. 46(8)(a)s. 78(5)Education and Skills Act 2008s. 138(3)Children’s Wellbeing and Schools Act 2026s. 46(11)s. 78(5)Education and Skills Act 2008s. 105(1A)Children’s Wellbeing and Schools Act 2026s. 48(2)(c)s. 78(5)Education and Skills Act 2008s. 127A-127F and cross-headingChildren’s Wellbeing and Schools Act 2026s. 49(3)s. 78(5)Education and Skills Act 2008s. 138(4)Children’s Wellbeing and Schools Act 2026s. 49(4)s. 78(5) Part 1Chapter 5531Where a local authority which has given an attendance notice to a person under section 46 has reason to believe that the person has committed an offence under section 51 relating to the notice, the authority may give the person a penalty notice in respect of the offence.2A penalty notice is a notice offering a person the opportunity of discharging any liability to conviction in respect of the offence to which the notice relates by payment of a penalty in accordance with the notice.3Where a person is given a penalty notice—aproceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed; andbthe person cannot be convicted of the offence to which the notice relates if a penalty is paid in accordance with the notice.4Regulations may make—aprovision as to the form and content of penalty notices;bprovision as to the amount of any penalty and the time by which it is to be paid (but subject to subsection (6));cprovision as to the methods by which penalties may be paid;dprovision as to the records which are to be kept in relation to penalty notices;eprovision for or in connection with the withdrawal of a penalty notice, or its ceasing to have effect, in prescribed circumstances, including—iprovision about repayment of any amount paid by way of penalty under a penalty notice which is withdrawn or ceases to have effect; andiiprovision prohibiting the institution or continuation of proceedings for the offence to which such a notice relates;fprovision for a certificate—ipurporting to be signed by or on behalf of a prescribed person, andiistating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,to be received in evidence of the matters so stated;gprovision as to the action to be taken if a penalty is not paid in accordance with a penalty notice;hprovision for or in connection with the preparation of codes of conduct in relation to the giving of penalty notices;isuch other provision in relation to penalties under penalty notices or in relation to penalty notices as the Secretary of State thinks necessary or expedient.5Without prejudice to section 166(6), regulations under subsection (4)(b) may make provision for penalties of different amounts to be payable in different cases or circumstances (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid).6The amount of any penalty payable by virtue of regulations under subsection (4)(b) must not exceed the amount for the time being specified as level 1 on the standard scale of fines for summary offences.Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 15(2)