The Household Waste (Fixed Penalty and Penalty Charge) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Environmental Protection Act 1990 (c. 43) (“the 1990 Act”) and the London Local Authorities Act 2007 (c. ii) (“the 2007 Act”) make provision for a waste collection authority or a London borough council to impose a penalty on any person who has failed to comply with a requirement for the collection of household waste where that failure has caused (or is or was likely to cause) a nuisance or has been (or is or was likely to be) detrimental to any amenities of the locality.

Regulation 2 provides that the amount of the penalty specified by a waste collection authority under section 46B(1)(a) of the 1990 Act or by the London borough councils under section 20B(1) of the 2007 Act is to be within the range of £60 to £80.

Under section 46B(2) of the 1990 Act a waste collection authority, and under section 20B(3) of the 2007 Act the London borough councils, may make provision for treating a penalty as having been paid if a lesser amount is paid before the end of a specified period. Regulation 3 provides that the lesser amount must not be less than £40.

Regulation 4 provides for the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 (S.I. 2007/3842) to apply in relation to appeals against a penalty charge under the 2007 Act with the modifications specified in the Schedule to these Regulations.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum is available alongside the instrument at www.legislation.gov.uk.