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| | Page 18, line 3, leave out Clause 34. |
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| | Page 18, line 25, leave out Clause 35. |
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| | Clause 39, page 20, line 23, leave out ‘fulfil the duty imposed’ and insert |
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| | ‘participate in required education or training as required’. |
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| | Clause 39, page 20, line 27, leave out ‘fulfil that duty’ and insert ‘participate in |
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| | required education or training’. |
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| | Clause 39, page 20, line 40, at end insert ‘, and |
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| | | (c) | must make an assessment of the person’s ability to benefit from the |
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| | Clause 39, page 20, line 40, at end insert ‘, and |
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| | | (c) | may grant a waiver from this obligation where this seems in the best |
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| | | interests of the person.’. |
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| | Clause 40, page 21, line 26, at end insert— |
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| | | ‘(b) | the local education authority has taken all reasonable steps to secure that |
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| | | person’s voluntary participation in required education or training.’. |
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| | Clause 40, page 21, line 35, at end insert— |
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| | | ‘(2A) | This further notice must not be issued before the authority has made an |
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| | | assessment of the person’s ability to comply with the initial notice, and whether |
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| | | this meets their needs.’. |
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| | Clause 40, page 21, leave out lines 41 to 45. |
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| | Clause 41, page 22, line 33, after ‘person’, insert ‘having regard to a person’s age, |
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| | ability, aptitude and needs (if any) for personalised support and personalised learning |
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| | Clause 42, page 23, line 21, at end add— |
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| | | ‘(5) | This section may not come into force before the Secretary of State has published |
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| | | a report setting out his estimate of the total annual cost of the establishment and |
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| | | operation of attendance panels.’. |
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| | Clause 43, page 23, line 28, after ‘notice’, insert ‘on the grounds of its suitability or |
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| | Clause 43, page 23, line 37, at end add— |
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| | | ‘(4) | Regulations made under subsection (3) shall include a requirement that any |
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| | | appeal made under this section shall be heard by the attendance panel within one |
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| | | month of the appeal being made.’. |
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| | Clause 43, page 23, line 37, at end add— |
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| | | ‘(4) | In considering an appeal the attendance panel must invite the young person who |
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| | | is appealing against the attendance notice, or the young person’s nominated |
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| | | representative, to make representations to it.’. |
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| | Clause 45, page 24, line 24, leave out first ‘an’ and insert ‘a civil’. |
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| | Clause 45, page 24, line 27, leave out ‘an’ and insert ‘a civil’. |
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| | Clause 45, page 24, line 29, at end insert— |
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| | | ‘(2A) | It is a defence for a person charged with an offence under subsection (1) to show |
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| | | (b) | in treatment for a serious medical condition, |
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| | | (c) | caring for a family member, including as a parent, |
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| | | (e) | unlikely to benefit from the service offered.’. |
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| | Clause 45, page 24, leave out lines 30 to 31. |
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| | Clause 45, page 24, line 30, leave out from ‘person’ to end of line 31 and insert |
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| | ‘acting unlawfully under subsection (1) is liable to a civil penalty not exceeding £200.’. |
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| | Clause 45, page 24, line 31, at end add— |
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| | | ‘(4) | An offence under this section shall not be regarded as a recordable offence under |
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| | | the National Police Records (Recordable Offences) Regulations 2000 (S.I. 2000/ |
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| | Clause 45, page 24, line 31, at end add— |
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| | | ‘(4) | A conviction under subsection (1) shall not be recorded under the National Police |
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| | | Records (Recordable Offences) Regulations 2000 (S.I. 2000/1139) after the date |
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| | | of the person’s 18th birthday.’. |
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| | Clause 45, page 24, line 31, at end add— |
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| | | ‘(4) | An individual who receives a penalty under this section shall not— |
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| | | (a) | receive a criminal record if none already exists, |
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| | | (b) | have this penalty notice added to their criminal record if one exists.’. |
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| | Clause 46, page 25, line 13, after ‘45’, insert ‘or an advocate of that person’. |
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| | Clause 46, page 25, line 13, at end insert— |
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| | | ‘(6A) | In making representations to the attendance panel the person alleged to have |
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| | | committed the offence shall be entitled to advocacy.’. |
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| | Clause 46, page 25, line 17, at end add— |
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| | | ‘(9) | The Secretary of State must by regulations make provision setting out the rules of |
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| | | the proceedings of the attendance panel in relation to its functions in subsection |
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| | Clause 46, page 25, line 17, at end add— |
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| | | ‘(9) | The proceedings may not be instituted unless the local education authority is of |
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| | | the opinion on reasonable grounds that they have exhausted all other options for |
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| | | encouraging the young person to comply with their attendance notice. |
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| | | (10) | The Secretary of State shall make regulations providing a definition of “all other |
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| | | options” under subsection (9), setting out the circumstances at which this stage |
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| | | may reasonably be considered to have been reached. |
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| | | (11) | In determining whether all other options have been exhausted with an individual |
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| | | young person the local education authority must have regard to the statutory |
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| | | definition provided by the Secretary of State under subsection (10).’. |
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| | Clause 47, page 25, line 26, at end insert— |
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| | | ‘(1A) | An attendance panel shall take into account the level of support provided by a |
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| | | local education authority under section 10 in assessing whether a person has a |
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| | | reasonable excuse under subsection (1)(a).’. |
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| | Clause 47, page 25, line 38, at end insert ‘provided that such penalty does not |
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| | Clause 47, page 26, line 16, at end insert— |
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| | | ‘(4A) | Any provision made under subsection (4)(g) may not include appearance before |
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| | | any court of law other than the Youth Court.’. |
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| | Clause 47, page 26, line 20, at end add— |
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| | | ‘(6) | Penalties issued in accordance with the provisions of this section shall not exceed |
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| | Page 25, line 18, leave out Clause 47. |
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| | Clause 48, page 26, line 27, leave out ‘Regulations may’ and insert ‘The Secretary |
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| | of State must by regulations’. |
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| | Clause 48, page 26, line 30, at end add— |
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| | | ‘(4) | In considering an appeal the attendance panel must invite the young person who |
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| | | is appealing against the penalty notice, or the young person’s nominated |
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| | | representative, to make representations to it.’. |
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| | Clause 50, page 27, line 10, leave out ‘persons working in either of those ways’ and |
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| | insert ‘service as a member of the armed forces of the Crown’. |
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| | Clause 51, page 27, line 33, leave out subsection (2). |
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| | Clause 52, page 28, line 18, leave out from beginning to ‘must’ in line 19. |
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| | Clause 52, page 28, line 20, leave out ‘to’ and insert ‘made by’. |
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| | Clause 54, page 29, line 13, leave out ‘services’ and insert ‘information, advice and |
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| | guidance about education and career choices’. |
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| | Clause 54, page 29, line 15, at end insert— |
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| | | ‘(1A) | Such services must include the provision of— |
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| | | (a) | generic information, advice and guidance, and |
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| | | (b) | targeted support for young people which takes into account their personal |
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