Environmental Protection Act 1990

88 Fixed penalty notices for leaving litter. E+W

(1) Where on any occasion an authorised officer of a litter authority finds a person who he has reason to believe has on that occasion committed an offence under section 87 above in the area of that authority, he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.

(2) Where a person is given a notice under this section in respect of an offence—

(a) no proceedings shall be instituted for that offence before the expiration of fourteen days following the date of the notice; and

(b) he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period.

(3) A notice under this section shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state—

(a) the period during which, by virtue of subsection (2) above, proceedings will not be taken for the offence;

(b) the amount of the fixed penalty; and

(c) the person to whom and the address at which the fixed penalty may be paid;

and, without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).

(4) Where a letter is sent in accordance with subsection (3) above payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(5) The form of notices under this section shall be such as the Secretary of State may by order prescribe.

[F1 (6) The fixed penalty payable in pursuance of a notice under this section is payable to the litter authority whose authorised officer gave the notice.

(6A) The amount of a fixed penalty payable in pursuance of a notice under this section—

(a) is the amount specified by a principal litter authority in relation to its area (whether the penalty is payable to that or another authority), or

(b) if no amount is so specified, is £75.

(6B) The reference in subsection (6A) above to a principal litter authority does not include an English county council for an area for which there is also a district council.

(7) The litter authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority.]

(8) In any proceedings a certificate which—

(a) purports to be signed by or on behalf of—

(i) in England and Wales, the chief finance officer of the litter authority; or

(ii) in Scotland, the proper officer; and

(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

shall be evidence of the facts stated.

[F2 (8A) If an authorised officer of a litter authority proposes to give a person a notice under this section, the officer may require the person to give him his name and address.

(8B) A person commits an offence if—

(a) he fails to give his name and address when required to do so under subsection (8A) above, or

(b) he gives a false or inaccurate name or address in response to a requirement under that subsection.

(8C) A person guilty of an offence under subsection (8B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

(9) For the purposes of this section the following are “litter authorities”—

(a) any principal litter authority, other than [F3 an English county] council [F4 , a regional council] or a joint board;

(b) any [F5 English] county council [F6 , regional council] or joint board designated by the Secretary of State, by order, in relation to such area as is specified in the order (not being an area in a National Park);

F7 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) the Broads Authority.

[F8 (f) a parish or community council.]

(10) In this section—

• [F9 “authorised officer”, in relation to a litter authority, means—

  (a)

  an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under this section;

  (b)

  any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function; and

  (c)

  any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices;]

• “chief finance officer”, in relation to a litter authority, means the person having responsibility for the financial affairs of the authority;

• F10 . . .

• F10 . . .

• “proper officer” means the officer who has, as respects the authority, the responsibility mentioned in section 95 of the M1 Local Government (Scotland) Act 1973 (financial administration).

[F11 (11) The appropriate person may by regulations prescribe conditions to be satisfied by a person before a parish or community council may authorise him in writing for the purpose of giving notices under this section.]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 S. 88(6)(6A)(6B)(7) substituted (E.W.) (16.3.2006 for certain purposes for W., 6.4.2006 for E. and 15.3.2007 in so far as not already in force for W.) for s. 88(6)(7) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 19(2), 108; S.I. 2006/768, art. 3; S.I. 2006/795, art. 2(3), Sch. 2 (with art. 4(3)(a)); S.I. 2006/2797, art. 4(f) (with art. 10(3)(a)); S.I. 2007/739

F2 S. 88(8A)-(8C) inserted (E.W.) (16.3.2006 for certain purposes for W., 6.4.2006 for E. and 15.3.2007 in so far as not already in force for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 19(3), 108; S.I. 2006/768, art. 3; S.I. 2006/795, art. 2(3), Sch. 2 (with art. 4(3)(a)); S.I. 2006/2797, art. 4(f) (with art. 10(3)(a)); S.I. 2007/739

F3 Words in s. 88(9)(a) substituted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 17(8)(a) (with s. 54(7), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1.

F4 Words in s. 88(9)(a) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 167(12), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F5 Word in s. 88(9)(b) inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 17(8)(b) (with s. 54(7), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1.

F6 Words in s. 88(9)(b) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 167(12), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F7 S. 88(9)(c)(d) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F8 S. 88(9)(f) inserted (E.W.) (16.3.2006 for certain purposes for W., 6.4.2006 for E. and 15.3.2007 in so far as not already in force for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 19(4), 108; S.I. 2006/768, art. 3; S.I. 2006/795, art. 2(3), Sch. 2 (with art. 4(3)(a)); S.I. 2006/2797, art. 4(f) (with art. 10(3)(a)); S.I. 2007/739

F9 In s. 88(10) definition of "authorised officer" substituted (E.W.) (16.3.2006 for certain purposes for W., 6.4.2006 for E. and 15.3.2007 in so far as not already in force for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 19(5), 108; S.I. 2006/768, art. 3; S.I. 2006/795, art. 2(3), Sch. 2 (with art. 4(3)(a)); S.I. 2006/2797, art. 4(f) (with art. 10(3)(a)); S.I. 2007/739

F10 Definitions in s. 88(10) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F11 S. 88(11) inserted (E.W.) (14.3.2006 for E., 16.3.2006 for certain purposes for W. and 15.3.2007 in so far as not already in force for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 19(6), 108; S.I. 2006/795, art. 2(1), Sch. 1 (with art. 4(3)(a)); S.I. 2006/768, art. 3; S.I. 2006/2797, art. 4(f) (with art. 10(3)(a)); S.I. 2007/739

Modifications etc. (not altering text)

C3 S. 88 applied (with modifications) (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3)-(5), 31, Sch. 2 Pt. 2

C4 S. 88 extended (with modifications) (E.W.) (19.9.1995) by 1995 c. 25, ss. 70, 125(3), Sch. 9 para. 12(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 88(2)-(8) applied (with modifications) (E.W.) (17.8.1996) by 1996 c. 20, ss. 4(2)(3), 8(2) (with s. 1) (as amended (1.4.2002) by S.I. 2002/425, art. 2)

C5 S. 88 extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 1 para. 1(2)(d); S.I. 2002/2750, art. 2(a)(ii)

S. 88 extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 41, Sch. 5 para. 1(2)(c); S.I. 2002/2750, art. 2(a)(iii)

Commencement Information

I1 S. 88 wholly in force at 13.2.1991; s. 88 not in force at Royal Assent, see s. 164(2); s. 88(7)(9)(b) in force at 14.1.1991 and s. 88(1)-(4)(6)(8)(9)(a)(c)-(e)(10) in force for E.W. at 13.2.1991 by S.I. 1991/96, arts. 2, 3; s. 88(1)-(4)(6)(8)(9)(a)(c)(d)(10) in force for S. at 1.4.1991 by S.I. 1991/1042, art. 2

Marginal Citations

M1 1973 c. 65.

88 Fixed penalty notices for leaving litter. S

(1) Where F12 . . .

[F13 (a)] an authorised officer of a litter authority F12 . . . has reason to believe [F14 that a person has] committed an offence under section 87 above in the area of that authority[F15 ; or

(b) a constable has reason to believe that a person has committed an offence under that section,]

he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.

[F16 (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.]

(2) Where a person is given a notice under this section in respect of an offence—

(a) no proceedings shall be instituted for that offence before the expiration of fourteen days following the date of the notice; and

(b) he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period.

(3) A notice under this section shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state—

(a) the period during which, by virtue of subsection (2) above, proceedings will not be taken for the offence;

(b) the amount of the fixed penalty; and

(c) the person to whom and the address at which the fixed penalty may be paid;

and, without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).

(4) Where a letter is sent in accordance with subsection (3) above payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(5) The form of notices under this section shall be such as the Secretary of State may by order prescribe.

[F17 (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.]

F18 (6) The fixed penalty payable F19 . . . in pursuance of a notice under this section shall, subject to subsection (7) below, be [F20 £50][F21 or, in Wales, £75]; and as respects the sums received by [F22 a litter] authority, those sums—

(a) [F23 if received by an authority in England and Wales, shall be paid to the Secretary of State;]

(b) if received by an authority in Scotland, shall [F24 accrue to the litter authority] .

(7) The Secretary of State may by order substitute a different amount [F25 (not exceeding level 2 on the standard scale)] for the amount for the time being specified as the amount of the fixed penalty in subsection (6) above.

(8) In any proceedings a certificate which—

(a) purports to be signed by or on behalf of—

(i) in England and Wales, the chief finance officer of the litter authority; or

(ii) in Scotland, the proper officer [F26 for the litter authority in whose area the offence was committed]; and

(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

shall be evidence of the facts stated.

(9) For the purposes of this section the following are “litter authorities”—

(a) any principal litter authority, other than [F3 an English county] council [F4 , a regional council] or a joint board;

(b) any [F5 English] county council [F6 , regional council] or joint board designated by the Secretary of State, by order, in relation to such area as is specified in the order (not being an area in a National Park);

F7 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) the Broads Authority.

(10) In this section—

• “authorised officer” means an officer of, F27 . . . a litter authority who is authorised in writing by the authority for the purpose of issuing notices under this section;

• “chief finance officer”, in relation to a litter authority, means the person having responsibility for the financial affairs of the authority;

• F10 . . .

• F10 . . .

• “proper officer” means the officer who has, as respects the authority, the responsibility mentioned in section 95 of the M1 Local Government (Scotland) Act 1973 (financial administration).

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F3 Words in s. 88(9)(a) substituted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 17(8)(a) (with s. 54(7), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1.

F4 Words in s. 88(9)(a) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 167(12), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F5 Word in s. 88(9)(b) inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 17(8)(b) (with s. 54(7), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1.

F6 Words in s. 88(9)(b) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 167(12), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F7 S. 88(9)(c)(d) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F10 Definitions in s. 88(10) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F12 Words in s. 88(1) repealed (S.) (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 56(2)(a), 145(2); S.S.I. 2004/420, art. 3, Sch. 1

F13 Words in s. 88(1) renumbered (S.) (28.10.2004) as s. 88(1)(a) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 56(2)(c), 145(2); S.S.I. 2004/420, art. 3, Sch. 1

F14 Words in s. 88(1) substituted (S.) (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 56(2)(b), 145(2); S.S.I. 2004/420, art. 3, Sch. 1

F15 S. 88(1)(b) and preceding word inserted (S.) (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 56(2)(d), 145(2); S.S.I. 2004/420, art. 3, Sch. 1

F16 S. 88(1A) inserted (S.) (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 56(3), 145(2); S.S.I. 2004/420, art. 3, Sch. 1

F17 S. 88(5A) inserted (S.) (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 56(4), 145(2); S.S.I. 2004/420, art. 3, Sch. 1

F18 By The Litter and Dog Fouling (Fixed Penalty) (Wales) Order 2004 (S.I. 2004/909), art. 2(b), it is provided (W.) (1.4.2004) that any surviving reference to £25 in s. 88(6) is hereby repealed

F19 Words in s. 88(6) repealed (S.) (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 56(5)(a), 145(2); S.S.I. 2004/420, art. 3, Sch. 1

F20 S. 88(6): "£50" substituted for "£25" (E.) (1.4.2002) and (S.) (1.7.2003) by The Litter (Fixed Penalty) (England) Order 2002 (S.I. 2002/424), art. 2 and by The Litter (Fixed Penalty) (Scotland) Order 2003 (S.S.I. 2003/268), art. 2

F21 Words in s. 88(6) inserted (W.) (1.4.2004) by The Litter and Dog Fouling (Fixed Penalty) (Wales) Order 2004 (S.I. 2004/909), art. 2(a)

F22 Words in s. 88(6) substituted (S.) (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 56(5)(b), 145(2); S.S.I. 2004/420, art. 3, Sch. 1

F23 S. 88(6)(a) repealed (18.11.2003 for E. and 27.11.2003 for W.) by Local Government Act 2003 (c. 26), s. 119(1), Sch. 8 Pt. 1; S.I. 2003/2938, art. 3 (subject to art. 8, Sch.); S.I. 2003/3034, art. 2(1), Sch. 1 Pt. 1

F24 Words in s. 88(6)(b) substituted (S.) (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 8(b); S.S.I. 2008/42, art. 3(1), Sch.

F25 Words in s. 88(7) inserted (S.) (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 56(6), 145(2); S.S.I. 2004/420, art. 3, Sch. 1

F26 Words in s. 88(8)(a)(ii) inserted (S.) (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 56(7), 145(2); S.S.I. 2004/420, art. 3, Sch. 1

F27 Words in definition in s. 88(10) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2,Sch.

Modifications etc. (not altering text)

C3 S. 88 applied (with modifications) (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3)-(5), 31, Sch. 2 Pt. 2

C4 S. 88 extended (with modifications) (E.W.) (19.9.1995) by 1995 c. 25, ss. 70, 125(3), Sch. 9 para. 12(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

S. 88(2)-(8) applied (with modifications) (E.W.) (17.8.1996) by 1996 c. 20, ss. 4(2)(3), 8(2) (with s. 1) (as amended (1.4.2002) by S.I. 2002/425, art. 2)

C5 S. 88 extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 1 para. 1(2)(d); S.I. 2002/2750, art. 2(a)(ii)

S. 88 extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 41, Sch. 5 para. 1(2)(c); S.I. 2002/2750, art. 2(a)(iii)

Commencement Information

I1 S. 88 wholly in force at 13.2.1991; s. 88 not in force at Royal Assent, see s. 164(2); s. 88(7)(9)(b) in force at 14.1.1991 and s. 88(1)-(4)(6)(8)(9)(a)(c)-(e)(10) in force for E.W. at 13.2.1991 by S.I. 1991/96, arts. 2, 3; s. 88(1)-(4)(6)(8)(9)(a)(c)(d)(10) in force for S. at 1.4.1991 by S.I. 1991/1042, art. 2

Marginal Citations

M1 1973 c. 65.