Circular Economy (Scotland) Act 2024

14 Householder’s duty of care

(1) The Environmental Protection Act 1990 is modified as follows.

(2) In section 34—

(a) in subsection (1), for “subsection (2)” substitute “subsections (1A) and (2)”,

(b) after subsection (1) insert—

“(1A) The duty imposed by subsection (1) does not apply to an occupier of domestic property as respects the household waste produced on the property.”,

(c) for subsection (2) substitute—

“(2) An occupier of domestic property must, as respects the household waste produced on the property, take reasonable steps to secure that any transfer of waste is only to an authorised person or to a person for authorised transport purposes.”,

(d) in subsection (6), after “(1),” insert “(2),”,

(e) in subsection (7), after “(1),” insert “(2),”.

(3) After section 34ZB insert—

“34ZC Fixed penalty notices for offences under section 34(6): Scotland

(1) This section applies where a constable or an authorised officer has reason to believe that a person has failed without reasonable excuse to comply with the duty relating to the transfer of household waste in section 34(2).

(2) The constable or authorised officer (as the case may be) may give to the person a notice offering the opportunity of discharging any liability to conviction for an offence under section 34(6) by payment of a fixed penalty.

(3) A notice under subsection (2) may not be given if, in relation to the same circumstances—

(a) such a notice has already been given to the person (including by the same or by another local authority), or

(b) a penalty or enforcement undertaking has already been imposed on the person by the Scottish Environment Protection Agency by virtue of Part 2 of the Regulatory Reform (Scotland) Act 2014.

(4) Where a constable gives a notice to a person under subsection (2), the constable must at the same time give a copy of the notice to the local authority in whose area the failure to comply with the duty in section 34(2) took place.

(5) Where—

(a) an authorised officer gives a notice to a person under subsection (2), and

(b) it appears to the officer that the failure to comply with the duty in section 34(2) took place both in the officer’s area and in another local authority’s area,

the officer must at the same time give the other local authority a copy of the notice.

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

(a) no proceedings may be instituted for that offence before the end of the period of 14 days beginning with the date of the notice, and

(b) the person may not be convicted of the offence if the fixed penalty is paid before the end of that period.

(7) A notice under this section must—

(a) state the particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence,

(b) state the period during which, by virtue of subsection (6)(a), proceedings will not be instituted for the offence under section 34(6),

(c) state the amount of the fixed penalty,

(d) explain that the notice contains an offer to discharge liability to conviction for the offence by payment of a fixed penalty and that the person is not required to accept that offer,

(e) state the person to whom the fixed penalty may be paid, and the address and website for doing so,

(f) explain that, by virtue of subsection (3), an authorised officer may not give a person a notice under this section if such a notice has already been given to the person in respect of the same offence, and

(g) state which other authorities have been sent a copy of the notice in accordance with subsections (4) and (5).

(8) The fixed penalty payable under this section is £200.

(9) The Scottish Ministers may by regulations substitute a different amount (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 (8).

(10) A constable or an authorised officer may require an occupier of domestic property to give the occupier’s name, address and date of birth, if the constable or officer proposes to give the occupier a fixed penalty notice under this section.

(11) A person commits an offence if the person—

(a) fails to give a name, address or date of birth when required to do so under subsection (10), or

(b) gives a false or inaccurate name, address or date of birth in response to a requirement under that subsection.

(12) A person who commits an offence under subsection (11) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(13) In any proceedings a certificate which—

(a) purports to be signed on the person having responsibility for the financial affairs of the authority to which the fixed penalty is to be paid, 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) A fixed penalty payable in pursuance of a notice under this section is to be paid—

(a) in a case where the notice is given by a constable or by an authorised officer of a local authority, to the local authority in whose area the offence was committed,

(b) in a case where the notice is given by an officer of Loch Lomond and The Trossachs National Park Authority, to that Authority.

(15) In this section—

• “authorised officer” means—

  (a)

  an officer of a local authority who is authorised in writing by the authority for the purpose of issuing notices under this section in relation to an offence under section 34(6) committed in the area of the authority,

  (b)

  an officer of Loch Lomond and The Trossachs National Park Authority who is authorised in writing by the Authority for the purpose of issuing notices under this section in relation to an offence under section 34(6) committed in the area designated as the National Park for which the Authority is established,

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(16) The Scottish Ministers may by regulations—

(a) add another category of persons to the definition of “authorised officer” in subsection (15), and

(b) modify this section as they consider appropriate in connection with making provision under paragraph (a).”.