Education and Skills Act 2008

Prospective

F159Assignment of numbers of hours of guided learning to external qualificationsE+W

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Prospective

F19 15 Supply of social security informationE+W

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Prospective

InterpretationE+W

19Contracts to which Chapter appliesE+W

(1) In this Chapter, “ relevant contract of employment ” means a contract of employment—

(a)under which the employee is required to work for at least 20 hours per week,

(b)which—

(i)has a fixed term of 8 weeks or longer, or

(ii)does not have a fixed term but can reasonably be expected to be, or has been, in force for at least 8 weeks, and

(c)under which the place of work, or one of the places where the employee may be required to work, is in England.

(2)But a contract is not a “relevant contract of employment” if—

(a)the employer has undertaken to provide the employee with sufficient relevant training or education in each relevant period, and

(b)by virtue of the contract, the employee is in full-time occupation for the purposes of this Part.

20Appropriate arrangementsE+W

(1)For the purposes of this Chapter, a person to whom this Part applies has made appropriate arrangements for training or education if—

(a)the person has enrolled on a course or courses constituting relevant training or education (or arrangements have otherwise been made for the person to receive relevant training or education), or

(b)the person is participating in full-time education or training.

(2)References in this Chapter to appropriate arrangements made by the person are to the arrangements (of whatever kind and whether or not made by the person) for the person to receive the training or education in question.

Prospective

Commencement of employmentE+W

21Appropriate arrangements to be in place before employment beginsE+W

(1)A person must not, as employer, enter into a relevant contract of employment with a person to whom this Part applies without being satisfied, having taken all such steps as are reasonable to ascertain, that the person has made appropriate arrangements for training or education.

(2)In the case of a relevant contract of employment which provides for commencement of the employment to be conditional on the employee's having made such arrangements—

(a)subsection (1) does not apply, but

(b)the employer must not permit the employment to commence, at a time when the employee is a person to whom this Part applies, without being satisfied, having taken all such steps as are reasonable to ascertain, that the employee has made appropriate arrangements for training or education.

(3)Failure to comply with this section in relation to a contract of employment is not to be taken to affect the validity of the contract.

22Financial penalty for contravention of section 21E+W

(1)Where a relevant [F16local authority] is satisfied that a person (“the employer”) has contravened section 21, the authority may by notice (a “penalty notice”) require the employer to pay a financial penalty.

(2)The amount of the financial penalty is to be determined in accordance with regulations.

(3)A penalty notice must state—

(a)particulars of the contravention of section 21 in respect of which the penalty is imposed,

(b)the amount of the penalty,

(c)how payment may be made,

(d)the period within which the penalty must be paid (which must be not less than 4 weeks beginning with the date on which the notice is given),

(e)the steps that the employer may take if the employer objects to the giving of the penalty notice, including how the employer may appeal against it, and

(f)the consequences of non-payment.

(4)For the purposes of subsection (1), a [F16local authority] is a relevant [F16local authority] in relation to a contract of employment under which a person to whom this Part applies is employed if—

(a)the person belongs to the authority's area, or

(b)the person's place of work, or one of the places at which the person works, under the contract is in the authority's area.

(5)Without prejudice to section 166(6), regulations under subsection (2) 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).

23Withdrawal or variation of penalty notice given under section 22 following notice of objectionE+W

(1)This section applies where a penalty notice has been given to a person (“the employer”) under section 22 by a [F16local authority].

(2)The employer may, by giving notice (a “notice of objection”) to the authority, object to the giving of the penalty notice on either or both of the following grounds—

(a)that the employer did not commit the contravention of section 21 stated in the penalty notice;

(b)that the amount of the penalty stated in the penalty notice is too high.

(3)A notice of objection—

(a)may be given to the authority only during the period of 2 weeks beginning with the day on which the penalty notice was given to the employer, and

(b)must state the grounds of the objection and the employer's reasons for objecting on those grounds.

(4)A [F16local authority] must consider a notice of objection given under subsection (2) and, by giving notice (a “determination notice”) to the employer—

(a)withdraw the penalty notice,

(b)if the amount of the penalty determined in accordance with regulations under section 22(2) is smaller than the amount stated in the penalty notice, replace the penalty with the smaller amount, or

(c)confirm the penalty notice.

(5)The determination notice must be given within the prescribed period beginning with the day on which the notice of objection was given.

(6)Where, under subsection (4)(b), the amount of a penalty stated in a penalty notice is replaced with a smaller amount, the notice is to have effect as if it had originally stated the smaller amount.

24Appeal against penalty notice given under section 22E+W

(1)This section applies where a penalty notice has been given to a person (“the employer”) under section 22 and—

(a)the period during which a notice of objection may be given in relation to the penalty notice has expired, and

(b)if a notice of objection has been given in relation to the penalty notice, a determination notice has been given in relation to the notice of objection.

(2)The employer may appeal to the First-tier Tribunal against the giving of the penalty notice on one or more of the following grounds—

(a)that the employer did not contravene section 21 in the way stated in the penalty notice;

(b)that the circumstances of the contravention of section 21 stated in the penalty notice make the giving of the notice unreasonable;

(c)that the amount of the penalty stated in the penalty notice is too high.

(3)On an appeal under this section, the First-tier Tribunal may—

(a)allow the appeal and cancel the penalty notice,

(b)if the amount of the penalty determined in accordance with regulations under section 22(2) is smaller than the amount stated in the penalty notice, allow the appeal and replace the penalty with the smaller amount, or

(c)dismiss the appeal.

(4)Where, under subsection (3)(b), the amount of a penalty stated in a penalty notice is replaced with a smaller amount, the notice is to have effect as if it had originally stated the smaller amount.

(5)In subsection (1), “notice of objection” and “determination notice” have the same meanings as in section 23.

25Further power to withdraw penalty notice given under section 22E+W

(1)This section applies where—

(a)a penalty notice has been given to a person (“the employer”) under section 22 by a [F16local authority], and

(b)any appeal made under section 24 in respect of the penalty notice has not been determined.

(2)The authority may withdraw the penalty notice by giving notice of the withdrawal to the employer.

26Withdrawal or variation of penalty notice given under section 22: further provisionsE+W

(1)If a penalty notice is withdrawn under section 23 or 25, any sum already paid or recovered in respect of the penalty notice must be repaid to the employer with interest at the appropriate rate running from the date when the sum was paid or recovered.

(2)If the amount of a penalty is reduced under section 23, any sum already paid or recovered must, to the extent that it was paid or recovered in respect of any amount in excess of the reduced amount, be repaid to the employer with interest at the appropriate rate running from the date when the sum was paid or recovered.

(3)In this section “the appropriate rate” means the rate that, on the date the sum was paid or recovered, was specified in section 17 of the Judgments Act 1838 (c. 110).

Prospective

Employer to enable participation in education or trainingE+W

27Duty to enable participation: initial arrangementsE+W

(1)This section applies where—

(a)a person to whom this Part applies is employed under a relevant contract of employment, and

(b)before commencement of the employment the person notified the employer in accordance with subsection (3) of appropriate arrangements which the person had made.

(2)The employer must permit the employee to participate in training or education in accordance with those appropriate arrangements.

(3)A person notifies an employer (or a prospective employer) of appropriate arrangements in accordance with this subsection by giving a notice which—

(a)specifies the arrangements,

(b)states the times when the person would need to be not at work in order to participate in training or education in accordance with those arrangements, and

(c)if so required under subsection (4), is given in writing.

(4)Such a notice need not be given in writing, but, if it is not, the employer may, on the occasion when the notice is given, require it to be given in writing; and, if the employer does so, the notice is not to be treated as having been given until given in writing.

(5)The obligation in subsection (2) operates as a requirement, in relation to each of the times specified in the notice under subsection (3)(b) which falls during normal working time, for the employer—

(a)if the contract was entered into before the notice was given, to offer to vary the terms and conditions of the contract of employment so as to secure that that time does not fall during normal working time, or

(b)in any case, to permit the employee to take that time off.

(6)In this section, “normal working time”, in relation to a contract of employment, means any time when, in accordance with the contract, the employee is required to be at work.

28Duty to enable participation: arrangements subsequently notifiedE+W

(1)This section applies where—

(a)a person to whom this Part applies is employed under a relevant contract of employment, and

(b)after commencement of the employment the person notifies the employer in accordance with subsection (4) of appropriate arrangements which the person has made.

(2)The employer must, so far as is reasonable having regard to the matters mentioned in subsection (3), permit the person to participate in training or education in accordance with those appropriate arrangements.

(3)Those matters are—

(a)the needs of the person in order to fulfil the duty imposed by section 2;

(b)the circumstances of the employer's business;

(c)the effect of the person's absence from work on the running of that business.

(4)A person notifies an employer of appropriate arrangements in accordance with this subsection by giving a notice which—

(a)specifies the arrangements,

(b)states the times when the employee needs to be not at work in order to participate in education or training in accordance with those arrangements, and

(c)if so required under subsection (5), is given in writing.

(5)Such a notice need not be given in writing but, if it is not, the employer may, on the occasion when the notice is given, require it to be given in writing; and, if the employer does so, the notice is not to be treated as having been given until given in writing.

(6)The obligation in subsection (2) operates as a requirement, in relation to each of the times specified in the notice under subsection (4)(b) which falls during normal working time, for the employer—

(a)to offer to vary the terms and conditions of the contract of employment so as to secure that, so far as is reasonable having regard to the matters mentioned in subsection (3), that time does not fall during normal working time, or

(b)so far as is reasonable having regard to those matters, to permit the employee to take that time off.

(7)In this section, “normal working time”, in relation to a contract of employment, means any time when, in accordance with the contract, the employee is required to be at work.

29Sections 27 and 28: extension for person reaching 18E+W

(1)This section applies where—

(a)a person to whom this Part applies is employed under a relevant contract of employment,

(b)the person reaches the age of 18, and

(c)at that time the person is participating in a course of education or training for the purpose of fulfilling the duty imposed by section 2.

(2)The person is to continue to be treated, for the purposes of sections 27, 28 and 30 to 36, as a person to whom this Part applies until one of the following occurs—

(a)the course of education or training concludes;

(b)the person reaches the age of 19;

(c)the person ceases to be resident in England;

(d)the person attains a level 3 qualification.

30Contravention of section 27 or 28: enforcement noticeE+W

(1)This section applies where a person to whom this Part applies is employed under a relevant contract of employment.

(2)Where a relevant [F16local authority] in England is satisfied that the employer has contravened section 27 or 28, the authority may give the employer a notice (an “enforcement notice”).

(3)An “enforcement notice” means a notice requiring the employer to take such steps as are specified in the notice.

(4)The steps that may be specified in the notice are—

(a)to offer to vary the terms and conditions of employment in the manner specified in the notice;

(b)to permit the employee to take time off during normal working time at the times specified in the notice.

(5)But—

(a)any variation specified under subsection (4)(a) must be a variation only for the purpose of securing that normal working time does not include any time when, in order to be able to participate in education or training in accordance with appropriate arrangements notified to the employer under section 27(1)(b) or 28(1)(b), the employee needs to be not at work;

(b)any time specified under subsection (4)(b) must be a time when the employee needs to be not at work in order to participate in education or training in accordance with appropriate arrangements so notified to the employer;

(c)in the case of an enforcement notice given in respect of a contravention of section 28, any steps specified in the notice must be steps which it would be reasonable for the employer to take having regard to the matters mentioned in subsection (3) of that section.

(6)An enforcement notice must also specify—

(a)particulars of the contravention of section 27 or 28 in respect of which the notice is given, and

(b)the consequences of failure to comply with any requirement imposed by it.

(7)Where an enforcement notice requires the employer to offer to vary the terms and conditions of employment under subsection (4)(a)—

(a)the employer must make the offer within the time specified in the notice,

(b)the employer's offer must not be made directly or indirectly conditional on the employee's agreeing to any other variation of the terms and conditions of employment, and

(c)if the employee accepts the employer's offer to vary the terms and conditions of employment, those terms and conditions have effect subject to the variation (but subject to any subsequent variation that may be agreed between the employer and employee).

(8)Where an enforcement notice requires the employer, under subsection (4)(b), to permit the employee to take time off at specified times during normal working time, the enforcement notice remains in force until—

(a)the last of the times so specified, or

(b)if earlier, the termination of the contract of employment.

(9)For the purposes of subsection (2), a [F16local authority] is a relevant [F16local authority] in relation to a contract of employment under which a person to whom this Part applies is employed if—

(a)the person belongs to the authority's area, or

(b)the person's place of work, or one of the places at which the person works, under the contract is in the authority's area.

(10)In this section, “normal working time”, in relation to a contract of employment, means any time when, in accordance with the contract, the employee is required to be at work.

31Financial penalty for non-compliance with enforcement notice given under section 30E+W

(1)This section applies where a [F16local authority] has given an enforcement notice to a person (“the employer”) under section 30.

(2)Where the [F16local authority] is satisfied—

(a)that the employer has failed to comply with the notice, or

(b)in the case of an enforcement notice requiring the employer to offer to vary the terms and conditions of employment by virtue of section 30(4)(a), the employee has agreed to the variation but the employer has failed to give effect to the variation,

the authority may by notice (a “penalty notice”) require the employer to pay a financial penalty.

(3)The amount of the financial penalty is to be determined in accordance with regulations.

(4)A penalty notice must state—

(a)particulars of the failure by the employer in respect of which the penalty notice is given,

(b)the amount of the penalty,

(c)how payment may be made,

(d)the period within which the penalty must be paid (which must be not less than 4 weeks beginning with the date on which the notice is given),

(e)the steps that the employer may take if the employer objects to the giving of the penalty notice, including how the employer may appeal against it, and

(f)the consequences of non-payment.

(5)Without prejudice to section 166(6), regulations under subsection (3) 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).

32Withdrawal of enforcement notice given under section 30E+W

(1)This section applies where—

(a)an enforcement notice has been given to a person (“the employer”) under section 30 by a [F16local authority], and

(b)if a penalty notice has been given in respect of the enforcement notice under section 31, any appeal made under section 34 in respect of the penalty notice has not been determined.

(2)The [F16local authority] may withdraw the enforcement notice by giving notice of the withdrawal to the employer.

(3)After the withdrawal, no penalty notice may be given under section 31 in respect of—

(a)any failure to comply with the enforcement notice, or

(b)any failure to give effect to any variation of terms and conditions of employment required by the enforcement notice to be offered,

which occurred before the enforcement notice was withdrawn.

(4)Where an enforcement notice is withdrawn—

(a)any penalty notice given under section 31 in respect of the enforcement notice ceases to have effect, and

(b)any sum paid or recovered in respect of any such penalty notice must be repaid to the employer with interest at the appropriate rate running from the date when the sum was paid or recovered.

(5)In subsection (4)(b) “the appropriate rate” means the rate that, on the date the sum was paid or recovered, was specified in section 17 of the Judgments Act 1838 (c. 110).

(6)A notice of withdrawal under subsection (2) must state the effect of the withdrawal (but a failure to do so does not make the notice of withdrawal ineffective).

33Withdrawal or variation of penalty notice given under section 31 following notice of objectionE+W

(1)This section applies where a penalty notice has been given to a person (“the employer”) under section 31 by a [F16local authority] in respect of a failure of a kind mentioned in subsection (2) of that section relating to an enforcement notice.

(2)The employer may, by giving notice (a “notice of objection”) to the authority, object to the giving of the penalty notice on one or more of the following grounds—

(a)that the employer did not contravene section 27 or 28 in the way stated in the enforcement notice;

(b)that the requirements imposed by the enforcement notice were unreasonable;

(c)that the employer did not fail in the way stated in the penalty notice;

(d)that the amount of the penalty stated in the penalty notice is too high.

(3)A notice of objection—

(a)may be given to the authority only during the period of 2 weeks beginning with the day on which the penalty notice was given to the employer, and

(b)must set out the grounds of the objection and the employer's reasons for objecting on those grounds.

(4)A [F16local authority] must consider a notice of objection given under subsection (2) and, by giving notice (a “determination notice”) to the employer—

(a)withdraw the penalty notice,

(b)if the amount of the penalty determined in accordance with regulations under section 31(3) is smaller than the amount stated in the penalty notice, replace the penalty with the smaller amount, or

(c)confirm the penalty notice.

(5)The determination notice must be given within the prescribed period beginning with the day on which the notice of objection was given.

(6)Where, under subsection (4)(b), the amount of a penalty stated in a penalty notice is replaced with a smaller amount, the notice is to have effect as if it had originally stated the smaller amount.

34Appeal against penalty notice given under section 31E+W

(1)This section applies where a penalty notice has been given to a person under section 31 in respect of a failure of a kind mentioned in subsection (2) of that section in relation to an enforcement notice and—

(a)the period during which a notice of objection may be given in relation to the penalty notice has expired, and

(b)if a notice of objection has been given in relation to the penalty notice, a determination notice has been given in relation to the notice of objection.

(2)The person may appeal to the First-tier Tribunal against the giving of the penalty notice on one or more of the following grounds—

(a)that the person did not contravene section 27 or 28 in the way stated in the enforcement notice;

(b)that the circumstances of the contravention of section 27 or 28 stated in the enforcement notice make the giving of an enforcement notice under section 30 unreasonable;

(c)that the requirements imposed by the enforcement notice were unreasonable;

(d)that the person did not fail in the way stated in the penalty notice;

(e)that the circumstances of the failure stated in the penalty notice make the giving of the notice unreasonable;

(f)that the amount of the penalty stated in the penalty notice is too high.

(3)On an appeal under this section, the First-tier Tribunal may—

(a)allow the appeal and cancel the penalty notice,

(b)if the amount of the penalty determined in accordance with regulations under section 31(3) is smaller than the amount stated in the penalty notice, allow the appeal and replace the penalty with the smaller amount, or

(c)dismiss the appeal.

(4)Where, under subsection (3)(b), the amount of a penalty stated in a penalty notice is replaced with a smaller amount, the notice is to have effect as if it had originally stated the smaller amount.

(5)In subsection (1), “notice of objection” and “determination notice” have the same meanings as in section 33.

35Further power to withdraw penalty notice given under section 31E+W

(1)This section applies where—

(a)a penalty notice has been given to a person (“the employer”) under section 31 by a [F16local authority], and

(b)any appeal made under section 34 in respect of the penalty notice has not been determined.

(2)The authority may withdraw the penalty notice by giving notice of the withdrawal to the employer.

36Withdrawal or variation of penalty notice given under section 31: further provisionsE+W

(1)If a penalty notice is withdrawn under section 33 or 35, any sum already paid or recovered in respect of the penalty notice must be repaid to the employer with interest at the appropriate rate running from the date when the sum was paid or recovered.

(2)If the amount of a penalty is reduced under section 33, any sum already paid or recovered must, to the extent that it was paid or recovered in respect of any amount in excess of the reduced amount, be repaid to the employer with interest at the appropriate rate running from the date when the sum was paid or recovered.

(3)In this section “the appropriate rate” means the rate that, on the date the sum was paid or recovered, was specified in section 17 of the Judgments Act 1838 (c. 110).

Prospective

37Right not to suffer detrimentE+W

After section 47A of the Employment Rights Act 1996 (c. 18) insert—

“47AAEmployees in England aged 16 or 17 participating in education or training

(1)An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that, being a person entitled to be permitted to participate in education or training by section 27 or 28 of the Education and Skills Act 2008, the employee exercised, or proposed to exercise, that right.

(2)This section does not apply where the detriment in question amounts to dismissal (within the meaning of Part 10).”

Prospective

38Dismissal to be treated as unfairE+W

After section 101A of the Employment Rights Act 1996 insert—

“101BParticipation in education or training

An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that, being a person entitled to be permitted to participate in education or training by section 27 or 28 of the Education and Skills Act 2008, the employee exercised, or proposed to exercise, that right.”

Prospective

Chapter 4E+WParenting contracts and parenting orders

40Parenting contractsE+W

(1)This section applies where a person to whom this Part applies (“the young person”) is failing to fulfil the duty imposed by section 2.

(2)A [F16local authority] in England may enter into a parenting contract with a parent of the young person—

(a)if the parent is resident in England, and

(b)the authority considers that entering into the parenting contract would be desirable in the interests of the young person's fulfilment of that duty.

(3)A parenting contract is a document which contains—

(a)a statement by the parent that the parent agrees to comply with such requirements as may be specified in the document for such period as may be so specified, and

(b)a statement by the [F16local authority] that it agrees to provide support to the parent for the purpose of complying with those requirements.

(4)The requirements mentioned in subsection (3) may include (in particular) a requirement to attend a counselling or guidance programme.

(5)A parenting contract must be signed by the parent and signed on behalf of the [F16local authority].

(6)A parenting contract does not create any obligations in respect of whose breach any liability arises in contract or in tort.

41Parenting ordersE+W

(1)This section applies where a person to whom this Part applies (“the young person”) is failing to fulfil the duty imposed by section 2.

(2)A [F16local authority] in England may apply to a magistrates' court for a parenting order in respect of a parent of the young person, if the parent is resident in England.

(3)If such an application is made, the court may make a parenting order in respect of the parent if it is satisfied that—

(a)the young person is failing to fulfil the duty imposed by section 2, and

(b)the making of the order would be desirable in the interests of the young person's fulfilment of that duty.

(4)A parenting order is an order which requires the parent—

(a)to comply, for a period not exceeding 12 months, with such requirements as are specified in the order, and

(b)subject to subsection (5), to attend, for a concurrent period not exceeding 3 months, such counselling or guidance programme as may be specified in directions given by the responsible officer.

(5)A parenting order under this section may, but need not, include a requirement mentioned in subsection (4)(b) in any case where a parenting order under this section or any other enactment has been made in respect of the parent on a previous occasion.

(6)A counselling or guidance programme which a parent is required to attend by virtue of subsection (4)(b) may be or include a residential course but only if the court is satisfied that the following two conditions are fulfilled.

(7)The first condition is that the attendance of the parent at a residential course is likely to be more effective than attendance at a non-residential course in the interests of the young person's fulfilment of the duty imposed by section 2.

(8)The second condition is that any interference with family life which is likely to result from the attendance of the parent at a residential course is proportionate in all the circumstances.

42Parenting orders: supplementalE+W

(1)In deciding whether to make a parenting order under section 41, a court must take into account (amongst other things)—

(a)any refusal by the parent to enter into a parenting contract under section 40 in respect of the person to whom this Part applies, or

(b)if the parent has entered into such a parenting contract, any failure by the parent to comply with the requirements specified in the contract.

(2)Subsections (3) to (7) of section 9 of the Crime and Disorder Act 1998 (c. 37) (supplemental provisions about parenting orders) apply in relation to a parenting order under section 41 as they apply in relation to a parenting order under section 8 of that Act.

43Parenting orders: appealsE+W

(1)An appeal lies to the Crown Court against the making of a parenting order under section 41.

(2)Subsections (2) and (3) of section 10 of the Crime and Disorder Act 1998 (appeals against parenting orders) apply in relation to an appeal under this section as they apply in relation to an appeal under subsection (1)(b) of that section.

44Parenting contracts and parenting orders: further provisionsE+W

(1)[F16local authorities] in England and responsible officers must, in carrying out their functions in relation to parenting contracts under section 40 and parenting orders under section 41, have regard to the extent to which any failure by, or anything done by, a parent of a person to whom this Part applies is affecting, or is likely to affect, that person's fulfilment of the duty imposed by section 2.

(2)Regulations may make further provision about the exercise by [F16local authorities] in England of their functions relating to—

(a)parenting contracts under section 40, or

(b)parenting orders under section 41.

(3)The provision that may be made under subsection (2) includes—

(a)provision limiting the power of a [F16local authority] to enter into a parenting contract, or apply for a parenting order, in prescribed cases;

(b)provision requiring one [F16local authority] to consult with another before taking any prescribed step;

(c)provision requiring the provision of information by one [F16local authority] in England to another;

(d)provision as to how the costs associated with parenting contracts under section 40 or parenting orders under section 41 (including in each case the costs of providing counselling or guidance programmes) are to be met.

(4)In this Chapter—

• “parent”, in relation to a young person, is to be construed in accordance with section 576 of the Education Act 1996 (c. 56), but does not include a person who is not an individual;

• “responsible officer”, in relation to a parenting order, means an officer of a [F16local authority] who is specified in the order.

Prospective

Chapter 5E+WAttendance notices

Initial stepsE+W

45Failure to fulfil duty under section 2: initial stepsE+W

(1)This section applies where it appears to a [F16local authority] that a person to whom this Part applies and who belongs to the authority's area is failing to fulfil the duty imposed by section 2.

(2)The authority may give a written notice to the person stating—

(a)that it appears to the authority that the person—

(i)is a person to whom this Part applies, and

(ii)is failing without reasonable excuse to fulfil that duty, and

(b)that if, after the date specified in the notice, the person appears to the authority to be failing, without reasonable excuse, to fulfil that duty, the authority may issue an attendance notice under section 46,

and explaining the effect of an attendance notice.

(3)The date specified under subsection (2)(b) must not be less than 15 days after the date on which the notice is given.

(4)Subsections (5) and (6) apply where an authority proposes to give a notice to a person under subsection (2).

(5)The authority—

(a)must take all reasonable steps to secure that relevant support is offered to the person, and

(b)may not give the notice unless satisfied that the person has been afforded an opportunity to take advantage of the support offered.

(6)The authority—

(a)must give the person an opportunity to make representations, and

(b)may not give the notice—

(i)in a case within subsection (7), unless, having regard to any representations made, the person appears to the authority to have no reasonable excuse for the failure;

(ii)in any other case, if, having regard to any representations made, the person appears to the authority to have a reasonable excuse for the failure.

(7)This subsection applies where—

(a)arrangements have been made for the person to participate during the current relevant period in a course or courses constituting relevant training or education,

(b)the only failure by the person during that relevant period is that the relevant education and training to which the arrangements relate is not sufficient relevant education and training,

(c)the course has not, or the courses have not all, concluded, and

(d)further arrangements for relevant training or education after the conclusion of the course or courses could be made which would enable the person to participate in sufficient relevant training or education during the current relevant period.

(8)In subsection (5), “relevant support” means support provided by means of services made available by the [F16local authority] in exercise of its functions under section 68.

Attendance noticesE+W

46Attendance noticeE+W

(1)This section applies where—

(a)a [F16local authority] has given a notice to a person under section 45(2),

(b)this Part still applies to the person, and

(c)at any time after the date specified in the notice under section 45(2)(b), it appears to the [F16local authority] that the person is, without reasonable excuse, failing to fulfil the duty imposed by section 2.

(2)The [F16local authority] may, before the end of the period of 6 months beginning with the day on which the notice under section 45(2) was given to the person, give the person a further notice in accordance with this section (an “attendance notice”) requiring the person to participate in education or training specified in the notice.

(3)Subsections (6) and (7) of section 45 apply in relation to the giving of attendance notices as they apply in relation to the giving of notices under subsection (2) of that section.

(4)The education or training specified under subsection (2) must satisfy section 47.

(5)Where the education or training specified is education or training provided by means of a course, the attendance notice must specify—

(a)the school, college or other training or educational establishment at which the education or training is to be provided, and

(b)the name and description of the course.

(6)Where the education or training specified is training provided in accordance with a contract of apprenticeship otherwise than by a course, the attendance notice must specify prescribed details of the contract of apprenticeship.

(7)An attendance notice given to a person must specify—

(a)the place or places at which the person is required to attend,

(b)the time or times at which the person is required to attend,

(c)the person or persons to whom the person must present himself or herself,

and may specify other prescribed requirements relating to the description of education or training specified in the notice.

(8)An attendance notice must state—

(a)the period for which the notice has effect,

(b)the consequences of failing to comply with any requirement imposed by the notice, and

(c)such other matters as may be prescribed.

(9)An attendance notice given by a [F16local authority] to a person has effect for the period beginning with the day on which it is given and ending with—

(a)the last day on which the person is a person to whom this Part applies, or

(b)if earlier, the day on which it is revoked.

47Attendance notice: description of education or trainingE+W

(1)This section must be satisfied in relation to education or training specified in an attendance notice given to a person to whom this Part applies by a [F16local authority].

(2)The education or training must be provided—

(a)at a school, college or other training or educational establishment by means of a course, or

(b)in accordance with a contract of apprenticeship.

(3)The education or training must be such that, by participating in it, the young person would fulfil the duty imposed by section 2.

(4)For that purpose, account may be taken of any contract of employment of the person or other arrangement under which the person works.

(5)The education or training must—

(a)be appropriate full-time education or training, or

(b)otherwise be suitable for the person, having regard—

(i)to the person's age, ability and aptitude, and

(ii)to any [F30special educational needs] which the person may have.

F31(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Where the education or training is to be provided by means of a course, the [F16local authority]—

(a)must have consulted the governing body or proprietor of the school, college or other training or educational establishment at which the education or training is to be provided, and

(b)must have made arrangements, or be satisfied that arrangements have been made, for the education or training to be provided there for the person.

(8)Where the education or training is training provided in accordance with a contract of apprenticeship, the [F16local authority] must have consulted the employer in relation to the contract of apprenticeship.

Attendance panel, appeals and variations etcE+W

48Attendance panelE+W

(1)A [F16local authority] in England must establish a panel (an “attendance panel”), constituted in accordance with regulations.

(2)An attendance panel of a [F16local authority] in England has the following functions—

(a)functions conferred on it by virtue of section 49 in relation to appeals against attendance notices;

(b)functions conferred on it by virtue of section 50(6)(b);

(c)functions conferred on it by section 52(5) and (6);

(d)functions conferred on it by virtue of section 54 in relation to appeals against fixed penalty notices.

(3)Regulations under subsection (1)—

(a)must require a [F16local authority] to secure that any person who chairs an attendance panel is not a member of the authority; and

(b)may make provision for the payment by the [F16local authority] of allowances to members of an appeal panel.

(4)Regulations made by virtue of subsection (3)(b) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (c. 70) [F32or (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011] (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of an attendance panel.

49Appeal arrangementsE+W

(1)A [F16local authority] in England must make arrangements for enabling a young person to whom an attendance notice is given by the authority to appeal against—

(a)the giving of the attendance notice;

(b)the description of education or training specified in the attendance notice;

(c)any variation of the notice—

(i)under subsection (2) of section 50;

(ii)by virtue of subsection (5) or (6)(b) of that section.

(2)The arrangements must provide for any appeal under the arrangements to be to an attendance panel established under section 48.

(3)Regulations may make provision about the making of appeals under arrangements under this section, including provision—

(a)as to the procedure on such appeals; and

(b)as to the powers of the attendance panel in relation to such appeals.

50Variation and revocation of attendance noticeE+W

(1)Subsection (2) applies where a [F16local authority] has given an attendance notice under section 46 to a person to whom this Part applies.

(2)If the attendance notice still has effect when—

(a)the education or training specified in the notice ends, or

(b)it becomes impracticable for the person to comply with the requirements specified in the notice because of a change of residence,

the [F16local authority] may by notice to the person specify other education or training.

(3)Subsections (4) to (7) and (8)(c) of section 46 apply in relation to specifying education or training under subsection (2) as they apply in relation to the giving of an attendance notice.

(4)Where the [F16local authority] gives a notice under subsection (2), the attendance notice has effect as if it specified the education or training specified in the notice under that subsection.

(5)Prescribed matters specified in an attendance notice given by a [F16local authority] may be varied by the authority by notice given to the person to whom the attendance notice was given.

(6)Regulations may provide for other matters specified in an attendance notice given by a [F16local authority] to be varied—

(a)with the consent of the person to whom the notice was given, or

(b)with the consent of an attendance panel established by the [F16local authority] under section 48.

(7)Regulations under subsection (6)(b) may in particular make provision as to the procedure to be followed in relation to the giving of any consent under the regulations.

(8)An attendance notice given by a [F16local authority] may be revoked by the authority by notice given to the person to whom the attendance notice was given.

Failure to comply with attendance noticeE+W

51Offence of failure to comply with attendance noticeE+W

(1)It is an offence for a person to whom an attendance notice has been given to fail, without reasonable excuse, to comply with the requirements of the attendance notice.

(2)It is a defence for a person charged with an offence under subsection (1) to show that he or she is, and since the giving of the attendance notice has been, fulfilling the duty imposed by section 2.

(3)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

52Restrictions on proceedings for offences under section 51E+W

(1)This section applies to proceedings for an alleged offence under section 51 relating to an attendance notice.

(2)The proceedings may not be instituted except by the [F16local authority] which gave the attendance notice.

(3)The proceedings may not be instituted if the attendance notice has been—

(a)rescinded on an appeal by virtue of section 49, or

(b)revoked under section 50(8).

(4)The proceedings may not be instituted unless—

(a)a penalty notice has been given under section 53 in respect of the alleged offence and has not been rescinded on an appeal by virtue of section 54,

(b)the penalty imposed by the notice has not been paid in accordance with the notice, and

(c)an attendance panel established by the [F16local authority] under section 48 has, on being consulted by the [F16local authority] about the question whether the proceedings should be instituted, recommended to the authority that the proceedings should be instituted.

(5)Regulations—

(a)must make provision to secure that, before a recommendation under subsection (4)(c) is made by an attendance panel in a person's case, the person has an opportunity to make representations to the panel, and

(b)may make other provision as to the procedure to be followed in relation to the making of such recommendations.

(6)The proceedings may not be instituted after this Part has ceased to apply to the person alleged to have committed the offence under section 51.

(7)Subsection (6) does not affect proceedings for such an offence by a person which were instituted while this Part applied to the person.

53Failure to comply with attendance notice: penalty noticeE+W

(1)Where a [F16local 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.

(2)A 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.

(3)Where a person is given a penalty notice—

(a)proceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed; and

(b)the person cannot be convicted of the offence to which the notice relates if a penalty is paid in accordance with the notice.

(4)Regulations may make—

(a)provision as to the form and content of penalty notices;

(b)provision as to the amount of any penalty and the time by which it is to be paid (but subject to subsection (6));

(c)provision as to the methods by which penalties may be paid;

(d)provision as to the records which are to be kept in relation to penalty notices;

(e)provision for or in connection with the withdrawal of a penalty notice, or its ceasing to have effect, in prescribed circumstances, including—

(i)provision about repayment of any amount paid by way of penalty under a penalty notice which is withdrawn or ceases to have effect; and

(ii)provision prohibiting the institution or continuation of proceedings for the offence to which such a notice relates;

(f)provision for a certificate—

(i)purporting to be signed by or on behalf of a prescribed person, and

(ii)stating 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;

(g)provision as to the action to be taken if a penalty is not paid in accordance with a penalty notice;

(h)provision for or in connection with the preparation of codes of conduct in relation to the giving of penalty notices;

(i)such other provision in relation to penalties under penalty notices or in relation to penalty notices as the Secretary of State thinks necessary or expedient.

(5)Without 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).

(6)The 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.

54Penalty notices: appeal arrangementsE+W

(1)A [F16local authority] in England must make arrangements for enabling a young person to whom a penalty notice is given by the authority under section 53 to appeal against the notice.

(2)The arrangements must provide for any appeal under the arrangements to be to an attendance panel established under section 48.

(3)Regulations may make provision about the making of appeals under arrangements under this section, including provision—

(a)as to the procedure on such appeals; and

(b)as to the powers of an attendance panel in relation to such appeals.

55Non-participation fines: interpretationE+W

(1)In this section and sections 56 to 59—

• “non-participation fine” means a fine imposed—

  (a)

  for an offence under section 51, or

  (b)

  in respect of a failure to comply with any sentence imposed for such an offence;

• “the relevant sum”, in relation to a non-participation fine, means—

  (a)

  the non-participation fine,

  (b)

  any surcharge ordered under [F33section 42 of the Sentencing Code ] (surcharges) to be paid solely in relation to the offence, and

  (c)

  any costs ordered by a court to be paid by the person on whom the fine was imposed in connection with the offence or proceedings relating to the offence or any sentence imposed (including proceedings on appeal);

• “relevant [F16local authority]”, in relation to a non-participation fine, means the [F16local authority] which issued the penalty notice under section 53 in respect of the offence to which the fine relates.

(2)References in those sections to a fine being imposed are, in the case of a fine varied or confirmed on appeal, references to its being varied or confirmed.

56Enforcement of non-participation fine etc: person reaching 18E+W

(1)This section applies where—

(a)a non-participation fine has been imposed on a person aged under 18, and

(b)the relevant sum, or any part of it, remains unpaid when the person reaches the age of 18.

(2)When the person reaches the age of 18, the relevant sum ceases to be enforceable as a sum adjudged to be paid by a conviction of a magistrates' court.

(3)Accordingly, after the person has reached the age of 18—

(a)the normal enforcement provisions do not apply in relation to the relevant sum, and

(b)the normal enforcement powers are not exercisable in relation to the relevant sum,

except so far as necessary to permit current enforcement processes to be concluded.

(4)Any order or warrant made or issued in relation to the non-participation fine, other than—

(a)an order under section 75 of the Magistrates' Courts Act 1980 (c. 43) (power to dispense with immediate payment),

(b)an order under section 85A of that Act (variation of instalments of sum adjudged to be paid by conviction), or

(c)a current enforcement process,

ceases to have effect when the person reaches the age of 18.

(5)A magistrates' court may, after the person has reached the age of 18, order that payment of so much of the relevant sum as remains unpaid may be enforced as if it were a sum due to the relevant [F16local authority] in pursuance of a judgment or order of [F34the county court].

(6)An order under subsection (5) may not be made unless—

(a)the person appears to the court to have sufficient means to pay the sum forthwith, and

(b)any current enforcement processes have been concluded.

(7)For the purposes of this section, “current enforcement process” means an order or warrant mentioned in paragraph (a), (b) or (c) and any reference to its conclusion is to be read in accordance with that paragraph—

(a)a warrant of control—

(i)issued under section 76 of the Magistrates' Courts Act 1980 (warrants of control etc) for the purpose of recovering the relevant sum (or any part of it), and

(ii)by virtue of which an enforcement agent has, before the person reaches the age of 18, taken control of any goods of the person under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) (taking control of goods),

is concluded when property in all goods of the person has, in accordance with paragraph 6 of that Schedule, ceased to be bound by virtue of the warrant;

(b)an order in force when the person reaches the age of 18 under—

(i)section 81(1)(b) of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offenders), or

(ii)[F35section 380(1) of the Sentencing Code] (power to order parent or guardian to pay fine, costs, compensation or surcharge),

requiring that the relevant sum (or any part of it) be paid by a parent or guardian of the person is concluded when it is revoked;

(c)an order in force when the person reaches the age of 18 under section 39 of the Criminal Justice and Immigration Act 2008 (c. 4) (youth default orders) in respect of the relevant sum (or any part of it) is concluded when it is revoked.

(8)Subsection (2) does not affect the exercise of any power, or any order made, in respect of the offence before the person reached the age of 18.

(9)The Lord Chancellor may by order amend subsection (4) or (7) by—

(a)adding to it provision about any warrant or order that may be issued or made, or step that may be taken, in relation to a non-participation fine before the person on whom it is imposed reaches the age of 18, or

(b)removing any such provision for the time being made by that subsection.

57Enforcement of non-participation fine etc: fine imposed on person aged 18 or overE+W

(1)This section applies where a non-participation fine is imposed on a person who has reached the age of 18.

(2)Payment of the relevant sum may be enforced as if it were a sum due to the relevant [F16local authority] in pursuance of a judgment or order of [F36the county court].

(3)The relevant sum is not enforceable as a sum adjudged to be paid by a conviction of a magistrates' court.

(4)Accordingly—

(a)the normal enforcement provisions do not apply in relation to the relevant sum, and

(b)the normal enforcement powers are not exercisable in relation to the relevant sum.

(5)But subsections (3) and (4) do not prevent a magistrates' court, on imposing the fine, from—

(a)making an order under section 75 of the Magistrates' Courts Act 1980 (c. 43) (power to dispense with immediate payment), or

(b)making an order under section 80 of that Act (application of money found on defaulter to satisfy sum adjudged) for the person to be searched before leaving the precincts of the court-house; and subsections (2) and (3) of that section apply in relation to a search in pursuance of any such order.

58Enforcement of non-participation fine: further provisionsE+W

(1)In sections 56 and 57, “the normal enforcement provisions” means—

(a)Part 3 of the Magistrates' Courts Act 1980 (satisfaction and enforcement);

(b)sections 135 and 136 of that Act (committal and detention for short period);

(c)section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (detention of persons aged at least 18 but under 21 for default or contempt);

(d)Schedules 5 and 6 to the Courts Act 2003 (c. 39) (collection of fines etc and discharge of fines by unpaid work); and

(e)section 300 of the Criminal Justice Act 2003 (c. 44) (power to impose unpaid work requirement or curfew requirement on fine defaulter).

(2)In sections 56 and 57, “the normal enforcement powers”, in relation to any sum, means—

(a)any power of a magistrates' court or an officer of such a court—

(i)to enforce payment of the sum; or

(ii)which is exercisable in consequence of a default in payment of the sum or any part of it;

(b)in the case of a fine imposed, varied or confirmed by a decision of any other court on an appeal, any power of that other court to enforce the decision.

(3)The Lord Chancellor may by order amend subsection (1) or (2) by—

(a)adding a reference to any statutory provision which relates to enforcement of fines, costs or surcharges, or to any power to enforce payment of such sums, or

(b)removing a reference to any provision or power for the time being listed in that section.

(4)Where—

(a)a sum is payable at a time or times specified by—

(i)an order under section 75 of the Magistrates' Courts Act 1980 (c. 43) (power to dispense with immediate payment), or

(ii)orders under that section and section 85A of that Act (variation of instalments of sum adjudged to be paid by conviction), and

(b)the sum would (but for this subsection) be treated by virtue of section 56 or 57 as due to a [F16local authority] in pursuance of a judgment or order of [F37the county court],

the sum is to be treated as so payable to that authority at the time or times referred to in paragraph (a) by virtue of an order of the county court under section 71(1) of the County Courts Act 1984 (c. 28) (satisfaction of judgments and orders for payment of money).

59Application of sums recovered by virtue of section 56 or 57E+W

(1)The Lord Chancellor may by regulations make provision as to the application of amounts recovered by [F16local authorities] by virtue of sections 56 and 57.

(2)Any such regulations must make provision for securing that any such amount recovered, so far as not—

(a)attributable to county court enforcement costs, or

(b)paid to a magistrates' court, or to an officer of such a court,

is repaid to the person on whom the non-participation fine to which it relates was imposed (or other person who paid the amount).

(3)Regulations under this section may make provision, in particular, as to—

(a)the extent to which amounts recovered by virtue of section 56 or 57 are attributable to county court enforcement costs;

(b)further payments, or repayments, to be made in consequence of any appeal, or of any remission or variation of a non-participation fine or any other amount required to be paid.

(4)In this section, “county court enforcement costs” in relation to a non-participation fine means costs incurred by a [F16local authority] in connection with the recovery of the relevant sum in [F38the county court].

SupplementaryE+W

60Review of initial operation of ChapterE+W

(1)The Secretary of State must appoint a person to conduct a review of the initial operation of this Chapter.

(2)The person appointed must make a report to the Secretary of State on the review within a reasonable period after the school leaving date for 2016.

(3)The Secretary of State must lay a copy of the report before Parliament.

(4)The Secretary of State may pay to the person appointed such remuneration and expenses as the Secretary of State may determine.

Prospective

61Alternative ways of workingE+W

(1)Regulations may—

(a)provide for who is to be treated as the employer for the purposes of this Part in relation to any way of working prescribed by regulations under section 5(1)(b), and

(b)provide for any provision of this Part to apply with modifications in relation to any such way of working.

(2)Regulations may provide for any provision of this Part to apply with modifications in cases where a person to whom this Part applies—

(a)is employed under a contract of employment, and

(b)is for the time being supplied by the employer to another person (“the principal”) to perform work in accordance with a contract made between the employer and the principal.

Prospective

63House of Lords staffE+W

The following provisions apply in relation to employment under a contract of employment with the Corporate Officer of the House of Lords as they apply in relation to other employment—

(a)sections 19 to 21;

(b)sections 27 to 29.

Prospective

65Financial penaltiesE+W

(1)A penalty payable by virtue of a penalty notice under—

(a)section 22,

(b)section 31, or

(c)section 53,

is payable to the [F16local authority] which issued the notice.

(2)Any sums received by a [F16local authority] under any of those sections may be used by the authority for the purposes of any of its functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.

(3)A penalty under section 22 or 31 (and any interest or financial penalty for late payment) is recoverable, if [F39the county court] so orders, as if it were payable under an order of that court.

(4)Where a person is required by a penalty notice given under section 22 or 31 to pay a financial penalty, and

(a)has given a notice of objection to the [F16local authority] under section 23 or 33, or

(b)has appealed against the giving of the penalty notice under section 24 or 34,

the penalty is not enforceable until the authority has given a determination notice under section 23 or 33 in relation to the penalty notice, or, as the case may be, the appeal has been determined.

Prospective

67Corresponding provision for WalesE+W

(1)This section applies if a Measure of the National Assembly for Wales includes provision that appears to the Secretary of State to correspond to provision made by section 2.

(2)The Secretary of State may by order make provision in relation to Wales that corresponds to any provision made by sections 19 to 36.

(3)Without prejudice to section 166(6), the power conferred by this section includes power to make provision in relation to Wales that corresponds to any of the following—

(a)the provisions of the Employment Rights Act 1996 (c. 18) inserted by sections 37 to 39;

(b)section 61;

(c)section 62;

(d)section 65 so far as relating to financial penalties under sections 22 and 31.

(4)Power conferred by this section to make provision in relation to Wales that corresponds to any other provision includes power—

(a)to apply that other provision in relation to Wales, with or without modification;

(b)to amend that other provision so that it applies in relation to Wales, with or without modification.