The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007

JurisdictionUK Non-devolved
CitationSI 2007/175
Year2007

2007 No. 175

ENVIRONMENTAL PROTECTION, ENGLAND

The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007

Made 28th January 2007

Laid before Parliament 1st February 2007

Coming into force 6th April 2007

The Secretary of State is, in relation to England, the appropriate person as defined—

(a) in section 11(1) of the Refuse Disposal (Amenity) Act 19781, for the purpose of exercising the powers conferred by sections 2A(11) and 2C(2)(d) and (3) of that Act;

(b) in section 9(1) of the Control of Pollution (Amendment) Act 19892, for the purpose of exercising the powers conferred by sections 5B(12) and 5C(3)(b) and (4) of that Act;

(c) in section 29(1A)(a) of the Environmental Protection Act 19903, for the purpose of exercising the powers conferred by sections 34A(12), 47ZB(4) and (5) and 73A(2)(b) and (3) of that Act;

(d) in section 98(1A)(a) of the Environmental Protection Act 19904, for the purpose of exercising the powers conferred by sections 88(11) and 97A(1), (2) and (4) of that Act;

(e) in section 11(2A)(a) of the Noise Act 19965, for the purpose of exercising the powers conferred by sections 8A(4) and (5) and 9(4A)(b) and (4B) of that Act;

(f) in section 47(1) of the Anti-social Behaviour Act 20036, for the purpose of exercising the powers conferred by sections 43A(4) and (5) and 47(4) of that Act;

(g) in section 9(2) of the Clean Neighbourhoods and Environment Act 20057, for the purpose of exercising the powers conferred by sections 6(11) and 8(2)(d) and (3) of that Act;

(h) in section 66(a) of the Clean Neighbourhoods and Environment Act 2005, for the purpose of exercising the powers conferred by sections 59(12) and 60(4) and (5) of that Act; and

(i) in section 81(1) of the Clean Neighbourhoods and Environment Act 2005, for the purpose of exercising the powers conferred by sections 74(4) and (5) and 75(2)(d) and (3) of that Act.

Where applicable, the powers cited in sub-paragraphs (a), (b), (c), (e), (g) and (i) of the preceding paragraph are exercised in accordance with section 100(1) of the Local Government Act 20038.

In respect of regulations 4 and 5, in accordance with section 2C(7) of the Refuse Disposal (Amenity) Act 1978, section 5C(8) of the Control of Pollution (Amendment) Act 1989, section 73A(7) of the Environmental Protection Act 1990, section 9(4F) of the Noise Act 19969, and sections 8(7) and 75(7) of the Clean Neighbourhoods and Environment Act 2005 the Secretary of State has consulted those authorities10to which these Regulations apply and such other persons as he thought fit or, in the case of section 9(4F)(b) of the Noise Act 1996, considered appropriate.

The Secretary of State makes the following Regulations in exercise of the powers cited in sub-paragraphs (a) to (i) of the first paragraph:

S-1 Title, application commencement

Title, application commencement

1. These Regulations may be cited as the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007; they apply in England, and come into force on 6th April 2007.

S-2 Prescribed ranges of fixed penalties

Prescribed ranges of fixed penalties

2.—(1) The amount of a fixed penalty capable of being specified by—

(a)

(a) a principal litter authority under section 88(6A)(a) of the Environmental Protection Act 199011;

(b)

(b) a principal litter authority under paragraph 7(4)(a) of Schedule 3A to the Environmental Protection Act 199012;

(c)

(c) a relevant local authority under section 43A(1)(a) of the Anti-social Behaviour Act 2003;

(d)

(d) a primary authority or a secondary authority under section 60(1)(a) of the Clean Neighbourhoods and Environment Act 2005 in relation to any dog control order made by that authority;

(e)

(e) 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.

(2) The amount of a fixed penalty capable of being specified by—

(a)

(a) a waste collection authority under section 47ZB(2)(a) of the Environmental Protection Act 1990;

(b)

(b) a principal litter authority under section 94A(4)(a) of the Environmental Protection Act 199013;

(c)

(c) a local authority under section 8A(2)(a) of the Noise Act 1996,

is not less than £75 and not more than £110.

(3) An authority may specify a different amount for each of the provisions in this regulation.

S-3 Lesser amounts of fixed penalties

Lesser amounts of fixed penalties

3.—(1) Where—

(a)

(a) a litter authority acting under section 88(7) of the Environmental Protection Act 199014;

(b)

(b) a principal litter authority acting under paragraph 7(5) of Schedule 3A to the Environmental Protection Act 1990;

(c)

(c) a local authority acting under section 43A(3) of the Anti-social Behaviour Act 2003;

(d)

(d) a primary authority or a secondary authority acting under section 60(3) of the Clean Neighbourhoods and Environment Act 2005;

(e)

(e) a local authority acting under section 74(3) of the Clean Neighbourhoods and Environment Act 2005,

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 £50.

(2) Where—

(a)

(a) a waste collection authority acting under section 47ZB(3) of the Environmental Protection Act 1990;

(b)

(b) a principal litter authority acting under section 94A(5) of the Environmental Protection Act 1990;

(c)

(c) a local authority acting under section 8A(3) of the Noise Act 1996;

(d)

(d) a local authority acting under section 6(10) of the Clean Neighbourhoods and Environment Act 2005,

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 £60.

(3) 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 before the end of a period specified by that authority, such lesser amount shall be not less than £120.

(4) Where—

(a)

(a) a regulation authority acting under section 5B(11) of the Control of Pollution (Amendment) Act 1989;

(b)

(b) an enforcement authority acting under section 34A(11) of the Environmental Protection Act 1990,

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 £180.

(5) An authority may specify a different amount for each of the provisions in this regulation.

S-4 Use of fixed penalty receipts: specification of functions

Use of fixed penalty receipts: specification of functions

4.—(1) Where, and for as long as, any authority of a type described in paragraph (2) 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 the section referred to in the relevant description) are hereby specified as functions or, in the case of an authority of a type described in paragraph (2)(d) or (f), as “qualifying functions”, of the authority for the purposes of which it may use its fixed penalty receipts.

(2) The types of authority are—

(a)

(a) a local authority to which section 2C of the Refuse Disposal (Amenity) Act 1978 applies;

(b)

(b) a waste collection authority to which section 5C of the Control of Pollution (Amendment) Act 1989 applies;

(c)

(c) a waste collection authority to which section 73A of the Environmental Protection Act 1990 applies;

(d)

(d) a local authority to which section 9(4), as read with section 9(4A), of the Noise Act 1996 applies;

(e)

(e) a local authority to which section 8 of the Clean Neighbourhoods and Environment Act 2005 applies;

(f)

(f) a local authority to which section 75 of the Clean Neighbourhoods and Environment Act 2005 applies.

(3) In this regulation and in regulation 5 a “categorisation Order” means an Order made by the Secretary of State under section 99(4) of the Local Government Act 2003.

S-5 Use of fixed penalty receipts: transitional arrangement

Use of fixed penalty receipts: transitional arrangement

5. If any authority of a type described in regulation 4(2) ceases to be categorised as “excellent”, “good, “4 stars”, “3 stars” or “2 stars” in a categorisation Order, regulation 4(1) will continue to apply 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”.

S-6 Condition to be satisfied by a person before he may issue certain fixed penalty notices

Condition to be satisfied by a person before he may issue certain fixed penalty notices

6.—(1) No person shall be an authorised officer of a parish council, or in relation to the provision listed in sub-paragraph (c) of another person or body designated under section...

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