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

• Citation: S.I. 2007/175
• Sections: 7

Section 1 Title, application commencement

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.

Section 2 Prescribed ranges of fixed penalties

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

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

(b) a principal litter authority under paragraph 7(4)(a) of Schedule 3A to the Environmental Protection Act 1990 ;

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

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

(b) a principal litter authority under section 94A(4)(a) of the Environmental Protection Act 1990 ;

(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.

Section 3 Lesser amounts of fixed penalties

(1) Where—

(a) a litter authority acting under section 88(7) of the Environmental Protection Act 1990 ;

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

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

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

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

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

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

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

(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.

Section 4 Use of fixed penalty receipts: specification of functions

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

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

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

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

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

(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.

Section 5 Use of fixed penalty receipts: transitional arrangement

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”.

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

(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 58(3) of the Clean Neighbourhoods and Environment Act 2005 as a secondary authority for the purposes of Chapter 1 of Part 6 of that Act, for the purpose of giving notices under—

(a) section 88 of the Environmental Protection Act 1990;

(b) section 43(1) of the Anti-social Behaviour Act 2003;

(c) section 59 of the Clean Neighbourhoods and Environment Act 2005,

unless he has successfully completed an approved course of training provided by a recognised training provider.

(2) For the purposes of this regulation—

(a) an approved course of training is one approved by the Secretary of State as being suitable for equipping a person who successfully completes it for the purpose of issuing notices under one or more of the provisions listed in paragraph (1);

(b) a recognised training provider is one recognised by the Secretary of State as providing an approved course of training.

(3) The Secretary of State shall publish a list of—

(a) the courses approved, and

(b) the training providers recognised,

by him in accordance with paragraph (2).

Section 7 Revocation

The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2006 are revoked.