The Fly-tipping (Fixed Penalty) (Scotland) Order 2023

Made: 8th November 2023

Laid before the Scottish Parliament: 10th November 2023

Coming into force: 1st January 2024

The Scottish Ministers make the following Order in exercise of the power conferred by section 33A(10) of the Environmental Protection Act 1990[^f00001] and all other powers enabling them to do so.

Citation and commencement

1

This Order may be cited as the Fly-tipping (Fixed Penalty) (Scotland) Order 2023 and comes into force on 1 January 2024.

Amendment of the Environmental Protection Act 1990

2

In section 33A(9) of the Environmental Protection Act 1990[^f00002], for “£200” substitute “£500”.

Amendment of the Litter (Fixed Penalties) (Scotland) Order 2013

3

Omit Article 3(a) of the Litter (Fixed Penalties) (Scotland) Order 2013[^f00003].

Signed

LORNA SLATER — Authorised to sign on behalf of the Scottish Ministers — 8th November 2023

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Section 33A of the Environmental Protection Act 1990 (“the 1990 Act”) provides for a fixed penalty notice procedure for an offence under section 33 in respect of a contravention of subsection 1(a) (for unauthorised deposit of controlled waste) or (1)(c) (for keeping or managing controlled waste in a manner likely to cause pollution of the environment or harm to human health). These offences are commonly referred to as fly-tipping. Payment of the fixed penalty in pursuance of a notice under section 33A of the 1990 Act operates to discharge any liability to conviction for an offence under section 33.

This Order increases the fixed penalty amount specified in section 33A(9) from £200 to £500.

A business and regulatory impact assessment has not been prepared for this Order as no impact upon business is foreseen.

Footnotes

[^f00001]: 1990 c. 43. Section 33A was inserted by section 55 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8).

[^f00002]: Section 33A(9) was amended by S.S.I. 2013/315.

[^f00003]: S.S.I. 2013/315.