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Education and Skills Bill

moved Amendments Nos. 36 and 37: 36: After Clause 29, 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.”” 37: After Clause 29, insert the following new Clause— ““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).”” On Question, amendments agreed to. Clause 30 [Withdrawal of penalty notice given under section 28]: