- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2006)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 06/04/2006
Point in time view as at 01/04/2006. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Clean Neighbourhoods and Environment Act 2005, Section 10 is up to date with all changes known to be in force on or before 27 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
In the Refuse Disposal (Amenity) Act 1978 (c. 3), after section 2 (offence of unauthorised abandonment of vehicles etc) insert—
(1)Where on any occasion it appears to an authorised officer of a local authority that a person has committed an offence under section 2(1)(a) above in the area of that authority, the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the authority.
(2)Where a person is given a notice under this section in respect of an offence—
(a)no proceedings may be instituted for that offence before the expiration of the period of fourteen days following the date of the notice; and
(b)he may not be convicted of that offence if he pays the fixed penalty before the expiration of the period.
(3)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
(4)A notice under this section must also 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.
(5)Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (4)(c) above at the address so mentioned.
(6)Where a letter is sent in accordance with subsection (5) above payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(7)The form of a notice under this section is to be such as the appropriate person may by order prescribe.
(8)The fixed penalty payable to a local authority under this section is, subject to subsection (9) below, £200.
(9)The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (8) above.
(10)The local 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.
(11)The appropriate person may by regulations restrict the extent to which, and the circumstances in which, a local authority may make provision under subsection (10) above.
(12)An order or regulations under this section may make different provision for different purposes and in relation to different areas.
(13)In any proceedings a certificate which—
(a)purports to be signed on behalf of the chief finance officer of the local authority, and
(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,
is evidence of the facts stated.
(14)In this section—
“authorised officer”, in relation to a local authority, means an employee of the authority who is authorised in writing by the authority for the purposes of giving notices under this section;
“chief finance officer”, in relation to a local authority, means the person having responsibility for the financial affairs of the authority.
(1)If an authorised officer of a local authority proposes to give a person a notice under section 2A above, the officer may require the person to give him his name and address.
(2)A person commits an offence if—
(a)he fails to give his name and address when required to do so under subsection (1) above, or
(b)he gives a false or inaccurate name or address in response to a requirement under that subsection.
(3)A person guilty of an offence under subsection (2) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4)In this section “authorised officer” has the same meaning as in section 2A above.
(1)This section applies in relation to amounts paid to a local authority in pursuance of notices under section 2A above (its “fixed penalty receipts”).
(2)A local authority may use its fixed penalty receipts only for the purposes of—
(a)its functions under this Act;
(b)its functions under sections 99 to 102 of the Road Traffic Regulation Act 1984;
(c)its functions relating to the enforcement of sections 3 and 4 of the Clean Neighbourhoods and Environment Act 2005; and
(d)such other of its functions as may be specified in regulations made by the appropriate person.
(3)Regulations under subsection (2)(d) above may in particular have the effect that a local authority may use its fixed penalty receipts for the purposes of any of its functions.
(4)A local authority must supply the appropriate person with such information relating to its use of its fixed penalty receipts as the appropriate person may require.
(5)The appropriate person may by regulations—
(a)make provision for what a local authority is to do with its fixed penalty receipts—
(i)pending their being used for the purposes of functions of the authority referred to in subsection (2) above;
(ii)if they are not so used before such time after their receipt as may be specified by the regulations;
(b)make provision for accounting arrangements in respect of a local authority's fixed penalty receipts.
(6)The provision that may be made under subsection (5)(a)(ii) above includes (in particular) provision for the payment of sums to a person (including the appropriate person) other than the authority.
(7)Before making regulations under this section, the appropriate person must consult—
(a)the authorities to which the regulations are to apply;
(b)such other persons as the appropriate person thinks fit.
(8)The powers to make regulations conferred by this section are, for the purposes of subsection (1) of section 100 of the Local Government Act 2003, to be regarded as included among the powers mentioned in subsection (2) of that section.”
Commencement Information
I1S. 10 in force at 16.3.2006 for specified purposes for W. by S.I. 2006/768, art. 3
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys