The Environmental Offences (Fixed Penalties) (England) Regulations 2017
The Secretary of State makes these Regulations in exercise of the powers—
- (a)in sections 2A(11) and 2C(2)(d) and (3) of the Refuse Disposal (Amenity) Act 1978 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 11(1) of that Act)1,
- (b)in sections 5B(12) and 5C(3)(b) and (4) of the Control of Pollution (Amendment) Act 1989 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 9(1) of that Act)2,
- (c)in sections 34A(12), 47ZB(4) and (5) and 73A(2)(b), (3) and (8) of the Environmental Protection Act 1990 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 29(1A)(a) of that Act)3,
- (d)in sections 88(11) and 97A(1) to (3) of the Environmental Protection Act 1990 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 98(1A)(a) of that Act)4,
- (e)in sections 8A(4) and (5) and 9(4A)(b) and (4B) of the Noise Act 1996 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 11(2A)(a) of that Act)5,
- (f)in sections 43A(4) to (6) and 47(4) of the Anti-social Behaviour Act 2003 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 47(1) of that Act)6,
- (g)in sections 6(11) and 8(2)(d) and (3) of the Clean Neighbourhoods and Environment Act 2005 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 9(2) of that Act)7, and
- (h)
in sections 74(4) and (5) and 75(2)(d) and (3) of the Clean Neighbourhoods and Environment Act 2005 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 81(1) of that Act).
Citation, commencement and expiry1.
(1)
These Regulations may be cited as the Environmental Offences (Fixed Penalties) (England) Regulations 2017.
(2)
These Regulations (except regulation 5) come into force on 1st April 2018.
(3)
Regulation 5 comes into force on 1st April 2019.
(4)
Regulation 4 ceases to have effect at the end of 31st March 2019.
Penalty range: audible intruder alarms2.
The amount of a fixed penalty capable of being specified by a local authority under section 74(2)(a) of the Clean Neighbourhoods and Environment Act 2005 is not less than £50 and not more than £80.
Penalty range: commercial etc. waste receptacles and noise3.
The amount of a fixed penalty capable of being specified by any of the following under the corresponding section is not less than £75 and not more than £110—
(a)
a waste collection authority under section 47ZB(2)(a) of the Environmental Protection Act 1990 in respect of an offence under section 47 of that Act;
(b)
a local authority under section 8A(2)(a) of the Noise Act 1996.
Penalty range: litter, distribution of printed matter, and graffiti and fly-posting: 1st April 2018 to 31st March 20194.
The amount of a fixed penalty capable of being specified by any of the following under the corresponding section is not less than £50 and not more than £150—
(a)
(b)
(c)
a relevant local authority under section 43A(1)(a) of the Anti-social Behaviour Act 2003.
Penalty range: litter, distribution of printed matter, and graffiti and fly-posting: 1st April 2019 onwardsF15.
(1)
The amount of a fixed penalty capable of being specified by either of the following under the corresponding section is not less than £65 and not more than £500—
(a)
a principal litter authority under section 88(6A)(a) of the Environmental Protection Act 1990;
(b)
a relevant local authority under section 43A(1)(a) of the Anti-social Behaviour Act 2003.
(2)
The amount of a fixed penalty capable of being specified by a principal litter authority under paragraph 7(4)(a) of Schedule 3A to the Environmental Protection Act 1990 is not less than £65 and not more than £150.
Default penalty: litter and distribution of printed matter6.
(1)
“(b)
if no amount is so specified, is—
(i)
in England, £100, or
(ii)
in Wales, £75.”.
(2)
“(b)
if no amount is so specified, is—
(i)
in England, £100, or
(ii)
in Wales, £75.”.
Default penalty: graffiti and fly-posting7.
“(b)
if no amount is so specified, is—
(i)
in England, £100, or
(ii)
in Wales, £75.”.
Lesser penalty: litter, distribution of printed matter, graffiti and fly-posting, and audible intruder alarms8.
Where any of the following makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than £50—
(a)
(b)
a principal litter authority acting under paragraph 7(5) of Schedule 3A to the Environmental Protection Act 1990;
(c)
a relevant local authority acting under section 43A(3) of the Anti-social Behaviour Act 2003;
(d)
a local authority acting under section 74(3) of the Clean Neighbourhoods and Environment Act 2005.
Lesser penalty: commercial etc. waste receptacles, noise, and exposing for sale etc. vehicles on roads9.
Where any of the following makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than £60—
(a)
a waste collection authority acting under section 47ZB(3) of the Environmental Protection Act 1990 in respect of an offence under section 47 of that Act;
(b)
a local authority acting under section 8A(3) of the Noise Act 1996;
(c)
a local authority acting under section 6(10) of the Clean Neighbourhoods and Environment Act 2005.
Lesser penalty: abandoning vehicles10.
Where a local authority acting under section 2A(10) of the Refuse Disposal (Amenity) Act 1978 makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than £120.
Lesser penalty: transporting controlled waste and duty of care for waste11.
Where any of the following makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than £180—
(a)
a regulation authority acting under section 5B(11) of the Control of Pollution (Amendment) Act 1989;
(b)
an enforcement authority acting under section 34A(11) of the Environmental Protection Act 1990.
Authorising notice-giving: condition: parish or community councils12.
Before a parish or community council may authorise a person to give notices under any of the following sections the person must successfully complete a course of training suitable for equipping the person to give notices under those sections—
(a)
section 88(1) of the Environmental Protection Act 1990;
(b)
section 43(1) of the Anti-social Behaviour Act 2003.
Revocations13.
(1)
(a)
regulation 1 (title, application and commencement);
(b)
regulation 2(2)(b) (which specifies the range for fixed penalties for offences in respect of litter clearing and street litter control notices);
(c)
regulation 3(2)(b) (which specifies the lesser amount for fixed penalties for offences in respect of litter clearing and street litter control notices).
(2)
These Regulations supplement provisions in Acts for fixed penalties payable in respect of offences relating to the environment. They replace the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007 (“the EOR 2007”) (except for regulation 2(2)(b) and 3(2)(b) of the EOR 2007).
The Regulations prescribe the ranges within which the amounts of certain fixed penalties that are capable of being specified by a local authority are required to fall (regulations 2 to 5). The ranges for littering, free distribution of printed matter on designated land and graffiti and fly-posting (see regulations 4 and 5) are different to those under the EOR 2007. For the period beginning with 1st April 2018 and ending with 31st March 2019, the range is not less than £50 and not more than £150 (regulation 4). From 1st April 2019, the range is not less than £65 and not more than £150 (regulation 5).
Regulations 6 and 7 amend the Environmental Protection Act 1990 and the Anti-social Behaviour Act 2003 in relation to England to increase the amount of the penalties for littering, free distribution of printed matter on designated land and graffiti and fly-posting where a local authority does not specify an amount. The penalty for each is increased from £75 to £100.
The Regulations also state a minimum lesser amount which an authority may treat as payment of the full amount if paid before the end of a period specified by the authority in relation to certain fixed penalties (regulations 8 to 11).
The Regulations provide that before a person may be authorised by a parish or community council to give notices of certain fixed penalties, the person must successfully complete a course of training on the giving of those notices (regulation 12).
Regulation 13 partially revokes the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007. Regulation 13 also revokes the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Amendment) Regulations 2012.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.