In section 87 of the EPA 1990, after subsection (4C)18 insert—

“(4D)

No proceedings may be instituted for an offence under subsection (1) which is a littering offence in respect of a vehicle within the meaning of section 88A(2) if—

(a)

a penalty notice has been given under section 88A to the keeper of the vehicle in respect of which the offence was committed, and

(b)

the fixed penalty has been paid or recovered in full.”.