Part 6The environment

Controlled waste and litter

56Litter: power of constables to issue fixed penalty notices

1

Section 88 of the 1990 Act (fixed penalty notices for litter) shall be amended as follows.

2

In subsection (1)—

a

the words “on any occasion” and “finds a person who he” shall be repealed;

b

for “has on that occasion” there shall be substituted “ that a person has ”;

c

the words from “an”, where it first occurs, to “authority”, where it secondly occurs, shall become paragraph (a) of that subsection; and

d

after “authority”, where it secondly occurs, there shall be inserted

; or

b

a constable has reason to believe that a person has committed an offence under that section,

3

After subsection (1) there shall be inserted—

1A

Where a constable gives a notice under this section to a person, he shall, no later than 24 hours after the giving of the notice, send a copy of it to the litter authority in whose area the offence was committed.

4

After subsection (5) there shall be inserted—

5A

A fixed penalty payable in pursuance of a notice under this section shall be payable to the litter authority in whose area the offence was committed.

5

In subsection (6)—

a

the words “to a litter authority” are repealed; and

b

for “the”, where it thirdly occurs, there shall be substituted “ a litter ”.

6

In subsection (7), after “amount”, where it first occurs, there shall be inserted “ (not exceeding level 2 on the standard scale) ”.

7

In subsection (8)(a)(ii), after “officer” there shall be inserted “ for the litter authority in whose area the offence was committed ”.