Clean Neighbourhoods and Environment Act 2005 (c. 16)

Part 3 E+W Litter and refuse

Local authority notices E+W

22 Failure to comply with notice: fixed penalty notices E+W

After section 94 of the Environmental Protection Act 1990 (c. 43) insert—

“94A Fixed penalty notices relating to sections 92C and 94

(1) This section applies where on any occasion it appears to an authorised officer of a principal litter authority that a person has committed an offence under section 92C(2) or 94(8) above in relation to a notice served by that authority.

(2) The authorised officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the principal litter authority.

(3) Subsections (2) to (5) of section 88 above (fixed penalty notices for leaving litter) apply in relation to notices given under this section as they apply in relation to notices given under that section.

(4) The amount of a fixed penalty payable to a principal litter authority under this section is—

(a) the amount specified by the authority in relation to its area (and an authority may specify different amounts for the two different offences referred to in subsection (1) above); or

(b) if no amount is so specified, £100.

(5) The principal 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.

(6) In any proceedings a certificate which—

(a) purports to be signed by or on behalf of the chief finance officer of a principal litter authority; and

(b) states that payment of a fixed penalty was or was not received by the date specified in the certificate,

is evidence of the facts stated.

(7) In this section—

• “authorised officer”, in relation to a principal litter authority, means an officer of the authority who is authorised in writing by the authority for the purposes of giving notices under this section;

• “chief finance officer”, in relation to a principal litter authority, means the person having responsibility for the financial affairs of that authority.”

Commencement Information

I1 S. 22 in force at 6.4.2006 for E. by S.I. 2006/795, art. 2(3), Sch. 2

I2 S. 22 in force at 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. by S.I. 2006/2797, art. 4(i)