59.—(1) If an authorised person has reason to believe that a person has committed an offence under these Regulations [F1(except an offence under regulation 49A(7))], he may give that person a notice (a “fixed penalty notice”) offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.
(2) Where a person is given a fixed penalty notice in respect of an offence—
(a)no proceedings may be instituted for that offence before the expiry of 28 days following the date of the notice; and
(b)he may not be convicted of that offence if he pays the fixed penalty before the expiry of that period.
(3) A fixed penalty notice must—
(a)be in the form set out in Schedule 6;
(b)give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence; and
(c)state—
(i)the period during which, by virtue of paragraph (2), proceedings will not be taken for the offence;
(ii)the amount of the fixed penalty; and
(iii)the name of the person to whom and the address at which the fixed penalty may be paid.
(4) Payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of penalty.
(5) Where a letter is sent in accordance with paragraph (4), payment is deemed to be made at the time at which that letter would be delivered in the ordinary course of post.
[F2(6) The amount of fixed penalty payable in pursuance of a notice under this regulation is £300 which is to be paid in the case of a notice served by an authorised person from—
(a)the Environment Agency or the Scottish Environment Protection Agency, to the Secretary of State;
(b)the Natural Resources Body for Wales, to the Welsh Ministers;
(c)the Department of [F3Agriculture, Environment and Rural Affairs] in Northern Ireland, to that Department.]
(7) In any proceedings, a certificate which—
(a)purports to be signed by or on behalf of the chief finance officer [F4in England and Scotland, in Wales the principal accounting officer] , or in Northern Ireland an authorised person; and
(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,
is evidence of the facts stated.
Textual Amendments
F1Words in reg. 59(1) inserted (1.5.2014) by The Transfrontier Shipment of Waste (Amendment) Regulations 2014 (S.I. 2014/861), regs. 1, 13(a) (with reg. 23)
F2Reg. 59(6) substituted (1.5.2014) by The Transfrontier Shipment of Waste (Amendment) Regulations 2014 (S.I. 2014/861), regs. 1, 13(b) (with reg. 23)
F3Words in reg. 59(6)(c) substituted (15.3.2019) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(1), 11
F4Words in reg. 59(7)(a) inserted (1.5.2014) by The Transfrontier Shipment of Waste (Amendment) Regulations 2014 (S.I. 2014/861), regs. 1, 13(c) (with reg. 23)