Part 9Miscellaneous
Use of fixed penalty receipts
95AF1Use 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);
b
paragraph 7 of Schedule 3A to the Environmental Protection Act 1990 (free distribution of printed matter on designated land: fixed penalty notices);
c
section 43(1) of the Anti-social Behaviour Act 2003 (penalty notices for graffiti and fly-posting).
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), or
ii
section 88(8B) (offence of failing to give a name and address or giving a false or inaccurate name or address),
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.