House of Commons Amendments

House of Commons

Session 2007 - 08
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LORDS amendments to the
Education and Skills Bill
[The page and line references are to HL Bill 58, the bill as first printed for the Lords.]
Clause 22
1
Page 12, line 13, leave out paragraph (a) and insert—

“(a)
particulars of the contravention of section 21 in respect of which the

penalty is imposed,”
2
Page 12, line 17, at end insert—

“( )
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,”
After Clause 22
3
Insert the following new Clause—

“Withdrawal or variation of penalty notice given under section 22 following

notice of objection

(1)
This section applies where a penalty notice has been given to a person (“the

employer”) under section 22 by a local education 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

Bill 164 54/3

2

(b)
must state the grounds of the objection and the employer’s reasons

for objecting on those grounds.

(4)
A local education 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.”
4
Insert the following new Clause—

“Appeal against penalty notice given under section 22

(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 (Withdrawal or variation of penalty notice given

under section 22 following notice of objection).”

3

Clause 23
5
Page 12, line 31, after “where” insert “—

(a)
”
6
Page 12, line 32, leave out “(and has not already been withdrawn)” and insert “,

and

(b)
any appeal made under section (Appeal against penalty notice given

under section 22) in respect of the penalty notice has not been

determined.”
7
Page 12, line 36, leave out “subsection (2)” and insert “section (Withdrawal or

variation of penalty notice given under section 22 following notice of objection) or (Further

power to withdraw penalty notice given under section 22)”
8
Page 12, line 39, at end insert—

“(3A)
If the amount of a penalty is reduced under section (Withdrawal or variation

of penalty notice given under section 22 following notice of objection), 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.”
9
Page 12, line 40, leave out “For the purposes of subsection (3)” and insert “In this

section”
10
Divide Clause 23 into two clauses, the first (Further power to withdraw penalty notice

given under section 22) to consist of subsections (1) and (2) and the second

(Withdrawal or variation of penalty notice given under section 22: further provisions) to

consist of subsections (3) to (4)
Clause 27
11
Page 15, line 24, leave out paragraph (a) and insert—

“(a)
particulars of the contravention of section 24 or 25 in respect of

which the notice is given, and”
Clause 28
12
Page 16, line 19, leave out paragraph (a) and insert—

“(a)
particulars of the failure by the employer in respect of which the

penalty notice is given,”
13
Page 16, line 23, at end insert—

“( )
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,”
Clause 29
14
Page 16, line 31, after “where” insert “—

(a)
”
15
Page 16, line 32, leave out “(and has not already been withdrawn)” and insert “,

and

(b)
if a penalty notice has been given in respect of the enforcement

notice under section 28, any appeal made under section (Appeal

4

against penalty notice given under section 28) in respect of the penalty

notice has not been determined.”
After Clause 29
16
Insert the following new Clause—

“Withdrawal or variation of penalty notice given under section 28 following

notice of objection

(1)
This section applies where a penalty notice has been given to a person (“the

employer”) under section 28 by a local education 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 24 or 25 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 local education 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 28(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.”
17
Insert the following new Clause—

5

“Appeal against penalty notice given under section 28

(1)
This section applies where a penalty notice has been given to a person

under section 28 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 24 or 25 in the way stated

in the enforcement notice;

(b)
that the circumstances of the contravention of section 24 or 25 stated

in the enforcement notice make the giving of an enforcement notice

under section 27 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 28(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 (Withdrawal or variation of penalty notice given

under section 28 following notice of objection).”
Clause 30
18
Page 17, line 11, after “where” insert “—

(a)
”
19
Page 17, line 12, leave out “(and has not already been withdrawn)” and insert “,

and

(b)
any appeal made under section (Appeal against penalty notice given

under section 28) in respect of the penalty notice has not been

determined.”
20
Page 17, line 16, leave out “subsection (2)” insert “section (Withdrawal or variation of

penalty notice given under section 28 following notice of objection) or (Further power to

withdraw penalty notice given under section 28)”