Part 3Litter and refuse

Offence of dropping litter

19Litter offence: fixed penalty notices

1

Section 88 of the Environmental Protection Act 1990 (c. 43) (fixed penalty notices for leaving litter) is amended as follows.

2

For subsections (6) and (7) (amount of fixed penalty) substitute—

6

The fixed penalty payable in pursuance of a notice under this section is payable to the litter authority whose authorised officer gave the notice.

6A

The amount of a fixed penalty payable in pursuance of a notice under this section—

a

is the amount specified by a principal litter authority in relation to its area (whether the penalty is payable to that or another authority), or

b

if no amount is so specified, is £75.

6B

The reference in subsection (6A) above to a principal litter authority does not include an English county council for an area for which there is also a district council.

7

The litter 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.

3

After subsection (8) insert—

8A

If an authorised officer of a litter authority proposes to give a person a notice under this section, the officer may require the person to give him his name and address.

8B

A person commits an offence if—

a

he fails to give his name and address when required to do so under subsection (8A) above, or

b

he gives a false or inaccurate name or address in response to a requirement under that subsection.

8C

A person guilty of an offence under subsection (8B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

4

In subsection (9), at the end insert—

f

a parish or community council.

5

In subsection (10), for the definition of “authorised officer” substitute—

“authorised officer”, in relation to a litter authority, means—

a

an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under this section;

b

any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function; and

c

any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices;

6

After that subsection insert—

11

The appropriate person may by regulations prescribe conditions to be satisfied by a person before a parish or community council may authorise him in writing for the purpose of giving notices under this section.