The Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2023

JurisdictionUK Non-devolved
Year2023
CitationSI 2023/770

2023 No. 770

Environmental Protection, England And Wales

The Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2023

Made 6th July 2023

Laid before Parliament 10th July 2023

Coming into force 31th July 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by—

(a) sections 33ZA(10A), 34ZA(9A) and 97A(1) and (2) of the Environmental Protection Act 1990 (and for section 97A, the Secretary of State is, for England, the appropriate person as defined in section 98(1A)(a) of that Act)1, and

(b) section 43A(4) and (5) of the Anti-social Behaviour Act 2003 (and for that section, the Secretary of State is, for England, the appropriate person as defined in section 47(1) of that Act)2.

S-1 Citation, commencement, extent and application

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2023 and come into force on 31st July 2023.

(2) These Regulations extend to England and Wales.

(3) These Regulations apply in relation to England.

S-2 Amendment of the Environmental Offences (Fixed Penalties) (England) Regulations 2017

Amendment of the Environmental Offences (Fixed Penalties) (England) Regulations 2017

2.—(1) The Environmental Offences (Fixed Penalties) (England) Regulations 20173are amended as follows.

(2) For regulation 5 substitute—

S-5

5.—(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) a principal litter authority under section 88(6A)(a) of the Environmental Protection Act 1990;

(b)

(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.

S-3 Amendment of the Environmental Protection Act 1990

Amendment of the Environmental Protection Act 1990

3.—(1) The Environmental Protection Act 1990 is amended as follows.

(2) In section 33ZA(9)(a), for “£400” substitute “£1000”.

(3) In section 34ZA(8), for “£400” substitute “£600”.

Rebecca Pow

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

6th July 2023

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