The Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2024

Amendments to Part 9 of the Clean Neighbourhoods and Environment Act 2005

3.  Part 9 of the Clean Neighbourhoods and Environment Act 2005 (miscellaneous)(1) is amended as follows—

(a) before section 96 (use of fixed penalty receipts: higher tier authorities), but after the italic heading before that section, insert—

“95A.    Use of fixed penalty receipts: higher tier authorities in England

(1) This section applies in relation to amounts paid to an authority in England, other than a parish or community council, in pursuance of notices under—

(a) section 88 of the Environmental Protection Act 1990 (fixed penalty notices for leaving litter)(2);

(b) paragraph 7 of Schedule 3A to the Environmental Protection Act 1990 (free distribution of printed matter on designated land: fixed penalty notices)(3);

(c) section 43(1) of the Anti-social Behaviour Act 2003 (penalty notices for graffiti and fly-posting)(4).

(2) The amounts to which this section applies which are paid to an authority are in this section called the authority's “fixed penalty receipts”.

(3) An authority may use its fixed penalty receipts paid to it in pursuance of a notice under section 88 of the Environmental Protection Act 1990 only for the purposes of—

(a) the employment or engagement of its authorised officers, as defined in section 88(10) of the Environmental Protection Act 1990, or any of the functions of those officers,

(b) its functions relating to offences under the following provisions of the Environmental Protection Act 1990—

(i) section 87(1) (offence of leaving litter)(5), or

(ii) section 88(8B) (offence of failing to give a name and address or giving a false or inaccurate name or address)(6),

(c) its functions relating to the collection and disposal of litter and refuse,

(d) its functions relating to the restoration of land following littering, and

(e) such other of its functions as may be specified in regulations made by the Secretary of State.

(4) An authority may use its fixed penalty receipts paid to it in pursuance of a notice under paragraph 7 of Schedule 3A to the Environmental Protection Act 1990 or section 43(1) of the Anti-social Behaviour Act 2003 only for the purposes of—

(a) its functions under Part 4 of the Environmental Protection Act 1990 (litter etc);

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

(c) such other of its functions as may be specified in regulations made by the Secretary of State.

(5) Regulations under subsection (4)(c) may (in particular) have the effect that an authority may use those fixed penalty receipts for the purposes of any of its functions.

(6) An authority must supply the Secretary of State with such information relating to its fixed penalty receipts as the Secretary of State may require.

(7) The Secretary of State may by regulations make provision—

(a) about what an authority must do with its fixed penalty receipts pending the use of those receipts for the purposes referred to in subsection (3) or (4);

(b) about the period within which an authority must use those fixed penalty receipts for those purposes;

(c) about what an authority must do with those fixed penalty receipts that are not used for those purposes within that period;

(d) for accounting arrangements in respect of an authority’s fixed penalty receipts.

(8) The provision that may be made under subsection (7)(c) includes (in particular) provision for the payment of sums to a person (including the Secretary of State) other than the authority.

(9) Before making regulations under this section, the Secretary of State must consult—

(a) the authorities to which the regulations are to apply;

(b) such other persons as the Secretary of State thinks fit.”;

(b) in section 96 (use of fixed penalty receipts: higher tier authorities)—

(i) in the heading, at the end, insert “in Wales”;

(ii) in subsection (1), in each of paragraphs (a) and (b), after “amounts paid to an authority” insert “in Wales”;

(iii) in each of the following subsections, for “appropriate person” substitute “Welsh Ministers”—

(aa) (4)(d);

(bb) (6), in both places it occurs;

(cc) (7);

(dd) (8);

(ee) (9), in both places it occurs;

(iv) in subsection (9)(b), for “thinks” substitute “think”;

(c) in section 98 (sections 96 and 97: supplementary)—

(i) in the heading, after “sections” insert “95A,”;

(ii) in subsection (1), for “sections 96 and 97” substitute “section 97”;

(iii) in each of subsections (2) and (3), after “sections” insert “95A,”;

(iv) in subsection (4), for “section 96” substitute “section 95A”.

(1)

2005 c. 16.

(2)

Section 88 is amended by section 127(2) of the Local Government Act 2003 (c. 26), section 19 of the 2005 Act, section 68(2) of the Environment Act 2021 and S.I. 2017/1050. There are other amendments not relevant to these Regulations.

(3)

Schedule 3A is inserted by section 23(2) of the 2005 Act and is amended by S.I. 2017/1050. There are other amendments not relevant to these Regulations.

(4)

2003 c. 38.

(5)

Section 87 is amended by section 18 of the 2005 Act and S.I. 2018/171.

(6)

Section 88(8B) is inserted by section 19(3) of the 2005 Act.