The Environmental Offences (Use of Fixed Penalty Receipts) Regulations 2007
| Year | 2007 |
2007 No. 901
ENVIRONMENTAL protection, england
The Environmental Offences (Use of Fixed Penalty Receipts) Regulations 2007
Made 15th March 2007
Coming into force 6th April 2007
These Regulations are made in exercise of the powers conferred by sections 96(4)(d) and (5), 97(1), (2)(a), (b) and (c) and (3) and 98(2) of the Clean Neighbourhoods and Environment Act 2005 (“the 2005 Act”)1. In the case of section 96, these powers are exercised in accordance with section 100(1) of the Local Government Act 20032.
The Secretary of State is the appropriate person in relation to England, as defined in section 98(1)(a) of the 2005 Act.
The Secretary of State has, in respect of regulations 2 and 3, consulted the authorities to which these Regulations are to apply and such other persons as he thinks fit, in accordance with section 96(9) of the 2005 Act.
In accordance with section 98(4) of the 2005 Act, a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.
Accordingly, the Secretary of State makes the following Regulations:
Title, commencement and application
1. These Regulations—
(a) may be cited as the Environmental Offences (Use of Fixed Penalty Receipts) Regulations 2007;
(b) come into force on 6th April 2007;
(c) apply in England.
Use of fixed penalty receipts: specification of other qualifying functions
2.—(1) If an authority in relation to which section 96 of the Clean Neighbourhoods and Environment Act 2005 applies is categorised as “excellent”, “good”, “4 stars”, “3 stars” or “2 stars” in a categorisation Order, any functions of that authority (in addition to those already specified in that section) are “qualifying functions” of the authority for the purposes of which it may use its fixed penalty receipts.
(2) In this regulation and in regulation 3, a “categorisation Order” means an Order as may from time to time be made by the Secretary of State under section 99(4) of the Local Government Act 2003.
Use of fixed penalty receipts: transitional arrangement
3. If an authority in relation to which section 96 of the Clean Neighbourhoods and Environment Act 2005 applies ceases to be categorised as “excellent”, “good”, “4 stars”, “3 stars” or “2 stars” in a categorisation Order, regulation 2(1) is to continue to apply to it for a period of one year from the date on which that cessation comes into effect as though that authority were still categorised as “excellent”, “good”, “4 stars”, “3 stars” or “2 stars”.
Use of fixed penalty receipts by parish councils
4.—(1) A parish council may use any amounts it receives in pursuance of notices under—
(a)
(a) section 88 (fixed penalty notices for leaving litter) of the Environmental Protection Act 19903;
(b)
(b) section 43(1) (penalty notices for graffiti and fly-posting) of the Anti-social Behaviour Act 20034;
(c)
(c) section 59 (fixed penalty notices for offences under dog control orders) of the Clean Neighbourhoods and Environment Act 2005,
only for the purposes of its qualifying functions.
(2) The following are qualifying functions for the purposes of this regulation—
(a)
(a) functions under section 88 of the Environmental Protection Act 1990;
(b)
(b) functions under section 43 of the Anti-social Behaviour Act 2003;
(c)
(c) functions under Chapter 1 of Part 6 of the Clean Neighbourhoods and Environment Act 2005;
(d)
(d) where the parish council is approved as a...
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