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.