The Litter (Fixed Penalty) (England) Order 2002

Statutory Instruments

2002 No. 424

ENVIRONMENTAL PROTECTION, ENGLAND

The Litter (Fixed Penalty) (England) Order 2002

Made

24th February 2002

Laid before Parliament

8th March 2002

Coming into force

1st April 2002

The Secretary of State, in exercise of the powers conferred upon her by section 88(7) of the Environmental Protection Act 1990(1) hereby makes the following Order:

Citation, commencement and extent

1.—(1) This Order may be cited as the Litter (Fixed Penalty)(England) Order 2002 and shall come into force on 1st April 2002.

(2) This Order extends to England only.

Amount of fixed penalty

2.  For the amount of £25 specified as the amount of the fixed penalty in section 88(6) of the Environmental Protection Act 1990(2) substitute the amount of £50.

Revocation

3.  The Litter (Fixed Penalty) Order 1996(3) is revoked.

Michael Meacher

Minister of State

Department for Environment, Food and Rural Affairs

24th February 2002

Explanatory Note

(This note is not part of the Order)

Section 88 of the Environmental Protection Act 1990 provides for the payment of a fixed penalty to discharge any liability to conviction for the offence of leaving litter under section 87 of that Act. This Order, which applies to England only, increases the fixed penalty from £25 to £50.

(1)

1990 c. 43; the Secretary of State can exercise these powers only in relation to England, see section 53 of the Scotland Act 1998 (c. 46) and the entry in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) relating to the Environmental Protection Act 1990.

(2)

The amount of the fixed penalty specified in section 88(6) was increased from £10 to £25 by S.I. 1996/3055.

(3)

S.I. 1996/3055.