(This note is not part of the Regulations)
These Regulations amend the Education (Penalty Notices) (England) Regulations 2007 (S.I. 2007/1867). These regulations—
(a)establish a new amount of penalty under section 444A(1) of the 1996 Act: £80 increasing to £160 (if not paid within the first 21 days) and £160 without any early payment discount for a second notice issued to the same parent in respect of the same child within any given three-year period;
(b)impose a new duty on authorised staff members to consider issuing a penalty notice relating to a parent’s failure to secure the regular school attendance of a child during a period of 10 school weeks;
(c)impose a new limitation on the number of penalty notices which can be issued under section 444A(1) of the Education Act 1996 (c. 56) (“the 1996 Act”) in respect of the same parent and child: no new notice may be issued to a parent if two penalty notices have been issued to the parent under that section in respect of the child in the preceding three-year period;
(d)make provision for sums received under section 444A of the 1996 Act to also be used for supporting the regular attendance at school of registered pupils, in addition to being used for issuing penalty notices and prosecuting offences committed under section 444 of the 1996 Act.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk. Hard copies are available from the Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT.