The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Amendment) Regulations 2012

JurisdictionEngland & Wales
CitationSI 2012/1151

2012 No. 1151

Environmental Protection, England

The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Amendment) Regulations 2012

Made 21th April 2012

Laid before Parliament 10th May 2012

Coming into force 30th May 2012

The Secretary of State, as the appropriate person in relation to England for the purposes of exercising the powers conferred by section 47ZB(4) and (5) of the Environmental Protection Act 19901, makes the following Regulations in exercise of those powers:

S-1 Citation and commencement

Citation and commencement

1. These Regulations—

(a) may be cited as the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Amendment) Regulations 2012, and

(b) come into force on 30th May 2012.

S-2 Amendment

Amendment

2.—(1) The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 20072are amended as follows.

(2) In regulation 2 (prescribed ranges of fixed penalties)—

(a)

(a) in paragraph (2)(a), after “Environmental Protection Act 1990” insert “in respect of an offence under section 47 of that Act”,

(b)

(b) after paragraph (2) insert—

S-2A

“2A The amount of a fixed penalty capable of being specified by a waste collection authority under section 47ZB(2)(a) of the Environmental Protection Act 1990 in respect of an offence under section 46 of that Act is not less than £60 and not more than £80.”.

(3) In regulation 3 (lesser amounts of fixed penalties)—

(a)

(a) in paragraph (2)(a), after “Environmental Protection Act 1990” insert “in respect of an offence under section 47 of that Act”,

(b)

(b) after paragraph (2) insert—

S-2A

“2A Where a waste collection authority acting under section 47ZB(3) of the Environmental Protection Act 1990 in respect of an offence under section 46 of that Act makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount shall be not less than £40.”.

Taylor of Holbeach

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

21st April 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

This instrument amends the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007 ( S.I. 2007/175). Regulation 2(2) alters the prescribed range for a fixed penalty capable of being specified by a waste collection authority under section...

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