The Household Waste (Fixed Penalty and Penalty Charge) Regulations 2015
| Jurisdiction | England & Wales |
| Citation | SI 2015/969 |
| Year | 2015 |
Statutory Instruments
2015 No. 969
Environmental Protection, England
London Government
The Household Waste (Fixed Penalty and Penalty Charge) Regulations 2015
Made
26th March 2015
Laid before Parliament
27th March 2015
Coming into force
15th June 2015
The Secretary of State makes these Regulations in exercise of the powers conferred by section 46B(3) and (4) of the Environmental Protection Act 1990
(1)
and sections 20B(4) and (5) and 20D(2) of the London Local Authorities Act 2007
(2)
.
(1)
These Regulations may be cited as the Household Waste (Fixed Penalty and Penalty Charge) Regulations 2015 and come into force on 15th June 2015.
(2)
In these Regulations—
“the
1990 Act
” means the Environmental Protection Act 1990;
“the
2007 Act
” means the London Local Authorities Act 2007.
Commencement Information
I1
Reg. 1 in force at 15.6.2015, see reg. 1(1)
(1)
The amount of a monetary penalty capable of being specified by a waste collection authority under section 46B(1)(a) of the
1990 Act
is not less than £60 and not more than £80.
(2)
The amount of a penalty charge capable of being set by the borough councils under section 20B(1) of the
2007 Act
is not less than £60 and not more than £80.
Commencement Information
I2
Reg. 2 in force at 15.6.2015, see reg. 1(1)
(1)
Where a waste collection authority acting under section 46B(2) of the
1990 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 must not be less than £40.
(2)
Where the borough councils acting under section 20B(3) of the
2007 Act
make provision for treating a penalty charge as having been paid if a lesser amount is received by the relevant council before the end of a period specified by the borough councils, such lesser amount must not be less than £40.
Commencement Information
I3
Reg. 3 in force at 15.6.2015, see reg. 1(1)
The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007
(3)
apply with the modifications specified in the Schedule in relation to appeals to an adjudicator against a decision under section 20A of the
2007 Act
to require a person to pay a penalty charge.
Commencement Information
I4
Reg. 4 in force at 15.6.2015, see reg. 1(1)
V1
The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) Regulations 2022
(3)
apply with the modifications specified in the Schedule in relation to appeals to an adjudicator against a decision under section 20A of the
2007 Act
to require a person to pay a penalty charge.
Textual Amendments
V1
Commencement Information
I4
Dan Rogerson
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
26th March 2015
(1.)
Omit regulations 2 to 6.
(2.)
For regulation 7, substitute—
Appeals to an adjudicator
(7.)
(1)
Where a borough council serves a final notice under section 20C(5) of the London Local Authorities Act 2007, the person on whom the notice is served may appeal to an adjudicator against the decision to require payment of a penalty charge —
(a)
before the end of the period of 28 days beginning with the date of service of the notice; or
(b)
within such longer period as an adjudicator may allow.
(2)
On an appeal under this regulation, the adjudicator, after considering any representations from the appellant and the borough council, may—
(a)
withdraw or confirm the requirement to pay the penalty charge; and
(b)
give such directions to the borough council as are appropriate to give effect to that decision including, in a case where the requirement to pay the penalty charge is withdrawn, directions requiring—
(i)
the cancellation of the final notice; and
(ii)
the refund of such sum (if any) as may have been paid to the borough council in respect of the penalty charge.
(3)
The borough council must comply with any direction given to it under paragraph (2).
(4)
In the case of an unsuccessful appeal to an adjudicator, payment of the penalty charge must be made before the end of the period of 28 days beginning with the date on which notice of the adjudicator’s decision is served on the appellant.
.
(3.)
Omit regulations 8 to 13.
(3.)
V3
Omit regulations 8 to 14.
Textual Amendments
V3
(4.)
In regulation 14(1)—
(a)
omit “Part 2 or 3 of these Regulations, or under”;
(b)
for “Part 2 or 3”, substitute “regulation 7”.
V4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
V4
(5.)
In regulation 15—
(a)
for paragraph (3), substitute—
(3)
Any amount which is payable under an adjudicator’s decision is, if a county court so orders, recoverable by the person to whom the amount is payable as if it were payable under a county court order.
;
(b)
omit paragraph (4).
V5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
V5
(5A.)
V6
For regulation 16 substitute—
Recovery of sums payable
16. Any amount which is payable under an adjudicator’s decision is, if a county court so orders, recoverable by the person to whom the amount is payable as if it were payable under a county court order.
Textual Amendments
V6
(5B.)
V7
In regulation 17, in paragraph (1), after “proper officer” insert “(within the meaning of paragraph 1(1) of Schedule 1)
Modifications
V7
(5C.)
V8
In regulation 18(1)—
(a)
omit “Part 2, 3 or 4, or”;
(b)
after “appeal”, insert “under regulation 7(1)”.
Modifications
V8
(6.)
(1)
The Schedule is modified as follows.
(2)
In paragraph 1(1)—
(a)
in the definition of “appeal”, omit “, 10(1) or 13(1)”;
(b)
in the definition of “proper officer”, for “the 2004 Act”, substitute “the Traffic Management Act 2004
(4)
”;
(c)
omit the definition of “registered keeper”.
(3)
In paragraph 1(2)—
(a)
in the definition of “the enforcement authority”, for “the enforcement authority”, substitute “the borough council”;
(b)
in the definition of “the original representations”, for “regulation 4(1), 8(4) or 11(4)” substitute “section 20C(3) of the London Local Authorities Act 2007”.
(4)
In paragraph 2(3), omit “10(1)(a) or 13(1)(a) (as the case may be),”.
(5)
In paragraph 3(3), for paragraphs (a) to (c), substitute—
(a)
the original representations; and
(b)
the relevant final notice.
.
(6)
In paragraph 4(1), for “the matters referred to in regulation 4(2)(b), 8(4) or 11(4), as...
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