- Latest available (Revised)
- Point in Time (01/04/2006)
- Original (As enacted)
Version Superseded: 06/04/2006
Point in time view as at 01/04/2006.
Clean Neighbourhoods and Environment Act 2005, Cross Heading: Use of fixed penalty receipts 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.
(1)This section applies in relation to—
(a)amounts paid to an authority, other than a parish or community council, in pursuance of notices under sections 88 and 94A of and paragraph 7 of Schedule 3A to the Environmental Protection Act 1990 (c. 43);
(b)amounts paid to an authority, other than a parish or community council, in pursuance of notices under section 43(1) of the Anti-social Behaviour Act 2003 (c. 38);
(c)amounts paid to a primary authority, within the meaning of Chapter 1 of Part 6 above, in pursuance of notices under section 59 above.
(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 only for the purposes of qualifying functions of the authority.
(4)For the purposes of this section the “qualifying functions” of an authority are—
(a)its functions under Part 4 of the Environmental Protection Act 1990;
(b)its functions under section 43 of the Anti-social Behaviour Act 2003;
(c)its functions under Chapter 1 of Part 6 above; and
(d)such other of its functions as may be specified in regulations made by the appropriate person.
(5)Regulations under subsection (4)(d) may (in particular) have the effect that an authority may use its fixed penalty receipts for the purposes of any of its functions.
(6)An authority must supply the appropriate person with such information relating to its fixed penalty receipts as the appropriate person may require.
(7)The appropriate person may by regulations—
(a)make provision for what an authority is to do with its fixed penalty receipts—
(i)pending their being used for the purposes of qualifying functions of the authority;
(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 an authority's fixed penalty receipts.
(8)The provision that may be made under subsection (7)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the appropriate person) other than the authority.
(9)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.
(10)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 (c. 26), to be regarded as included among the powers mentioned in subsection (2) of that section.
Commencement Information
I1S. 96 in force at 14.3.2006 for specified purposes for E. by S.I. 2006/795, art. 2(1), Sch. 1
I2S. 96 in force at 16.3.2006 for specified purposes for W. by S.I. 2006/768, art. 3
(1)The appropriate person must by regulations make provision relating to—
(a)the use by a parish or community council of amounts received by it in pursuance of notices under—
(i)section 88 of the Environmental Protection Act 1990 (c. 43);
(ii)section 43(1) of the Anti-social Behaviour Act 2003 (c. 38); and
(iii)section 59 above; and
(b)the use by a person or body designated under section 58(3) above as a secondary authority for the purposes of Chapter 1 of Part 6 above of amounts received by that person or body in pursuance of notices under section 59 above.
(2)Regulations under this section may in particular include provision requiring a parish or community council or a person or body referred to in subsection (1)(b)—
(a)to use the amounts received as specified in subsection (1) only for the purpose of such of its functions as may be specified in the regulations;
(b)to pay sums in respect of those amounts to another person (including the appropriate person);
(c)to supply information in relation to those amounts to the appropriate person;
(d)to adopt such accounting arrangements in respect of those amounts as may be specified in the regulations.
(3)Regulations under this section may include provision framed by reference to performance categories conferred on a parish or community council by such person as may be specified in the regulations.
Commencement Information
I3S. 97 in force at 14.3.2006 for E. by S.I. 2006/795, art. 2(1), Sch. 1
I4S. 97 in force at 16.3.2006 for specified purposes for W. by S.I. 2006/768, art. 3
(1)In sections 96 and 97, “appropriate person” means—
(a)the Secretary of State, in relation to England;
(b)the National Assembly for Wales, in relation to Wales.
(2)The powers to make regulations conferred by sections 96 and 97 include—
(a)power to make different provision for different purposes (including different provision for different authorities or different descriptions of authority);
(b)power to make consequential, supplementary, incidental and transitional provision and savings.
(3)Regulations under sections 96 and 97 must be made by statutory instrument.
(4)The Secretary of State may not make a statutory instrument containing regulations under section 96 or 97 unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Commencement Information
I5S. 98 in force at 14.3.2006 for E. by S.I. 2006/795, art. 2(1), Sch. 1
I6S. 98 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?
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?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: 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.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: 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.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: