The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Wales) Regulations 2007

Use of fixed penalty receipts by community councils

5.—(1) A community council may use any amounts it receives in pursuance of notices under—

(a) section 88 (fixed penalty notices for leaving litter) of the Environmental Protection Act 1990(1);

(b) section 43(1) (penalty notices for graffiti and fly-posting) of the Anti-social Behaviour Act 2003(2);

(c) section 59 (fixed penalty notices for offences under dog control orders) of the Clean Neighbourhoods and Environment Act 2005,

only for the purposes of the functions specified in paragraph (2).

(2) The functions specified for the purposes of this regulation are the functions under—

(a) section 88 of the Environmental Protection act 1990;

(b) section 43 of the anti-social Behaviour Act 2003;

(c) Chapter 1 of Part 6 of the Clean Neighbourhoods and Environment Act 2005.

(3) A community council must supply to the National Assembly such information in relation to amounts it receives in connection with the provisions specified in paragraph (1) as the National Assembly may require.

(1)

1990 c. 43; section 88(9)(f), as amended by section 19(1) and (4) of the Clean Neighbourhoods and Environment Act 2005, includes community councils in the list of authorities defined as “litter authorities”, the authorised officers of which are empowered to issue fixed penalty notices under that section.

(2)

2003 c. 38; by virtue of qualifying as a litter authority for the purposes of section 88 of the Environmental Protection Act 1990 a community council is also a local authority for the purposes of sections 43 to 43B and 45 of the Anti-social Behaviour Act 2003, authorised officers of which are empowered to issue fixed penalty notices under section 43 of that Act.