s 46ZA Enforcement of household waste requirements: Scotland
(1) An authorised officer of a waste collection authority may give a written warning to a person if satisfied on the balance of probabilities that— (a) the person has failed without reasonable excuse to comply with a requirement imposed by the authority under section 46(1), (3)(c) or (d) or (4) (a “section 46 requirement”), and (b) the person's failure to comply— (i) has caused, or is or was likely to cause, a nuisance, or (ii) has been, or is or was likely to be, detrimental to any amenities of the locality. (2) A written warning under subsection (1)— (a) must— (i) identify the section 46 requirement with which the person has failed to comply, (ii) explain the nature of the failure to comply, (iii) explain how the failure to comply has had, or is or was likely to have, the effect described in subsection (1)(b), (iv) if the failure to comply is continuing, specify the period within which the requirement must be complied with and explain the consequences of the requirement not being complied with within that period, and (v) whether or not the failure to comply is continuing, explain the consequences of the person subsequently failing to comply with the same or a similar section 46 requirement, and (b) may contain such other provision as the waste collection authority considers appropriate. (3) An authorised officer of a waste collection authority may require a person to whom a written warning under subsection (1) has been given to pay a civil penalty charge to the authority, if satisfied on the balance of probabilities that the person continued to fail to comply with the section 46 requirement identified in the warning after the end of the period for compliance specified in the warning. (4) An authorised officer of a waste collection authority may require a person who has already been required to pay a civil penalty charge under subsection (3) to pay a further civil penalty charge to the authority, if satisfied on the balance of probabilities that the person’s original failure to comply still continues during the period of 12 months beginning with the day on which the written warning was given. (5) But a further civil penalty charge may not be required under subsection (4) where there is an appeal pending against the decision to require a charge under subsection (3). (6) An authorised officer of a waste collection authority may require a person to whom a written warning under subsection (1) has been given to pay a civil penalty charge to the authority, if satisfied on the balance of probabilities that, before the end of the period of 12 months beginning with the day on which the warning was given— (a) the person— (i) has again failed without reasonable excuse to comply with the section 46 requirement identified in the warning, or (ii) has failed without reasonable excuse to comply with a section 46 requirement that is similar to the one identified in the warning, and (b) the person's failure to comply— (i) has caused, or is or was likely to cause, a nuisance, or (ii) has been, or is or was likely to be, detrimental to any amenities of the locality. (7) An authorised officer may require a person to pay a civil penalty charge under subsection (4) or (6) each time that the authorised officer is satisfied on the balance of probabilities of the matters mentioned in the subsection. (8) An authorised officer may not give a person a written warning under subsection (1) where, in relation to the same circumstances— (a) the person has already been given a notice under section 46ZD(2), or (b) proceedings have already been instituted against the person for an alleged offence under section 46(6). (9) An authorised officer imposing a requirement to pay a civil penalty charge under subsection (3), (4) or (6) must act in accordance with section 46ZB. (10) A civil penalty charge under this section is recoverable in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff for any sheriffdom. (11) In this section and sections 46ZB to 46ZD— an “ authorised officer ” means an employee of a waste collection authority who is authorised in writing by the authority for the purpose of giving written warnings and requiring payment of civil penalty charges under this section, a “ civil penalty charge ” means a monetary penalty of an amount specified in regulations under section 46ZC.