Clean Neighbourhoods and Environment Act 2005

Exposing vehicles for sale on a road

Guidance

Disposal

Litter offence: fixed penalty notices

Street litter control notices

Enforcement powers

Investigation and enforcement costs

Abolition of requirement to contract out waste disposal functions

Offences relating to waste receptacles: fixed penalty notices

Power to require owner of land to remove waste

“Appropriate person”

Designation of alarm notification areas

The Commission for Architecture and the Built Environment

Section 99: transitional provision

Sections 101 and 102: supplementary

Contaminated land: appeals against remediation notices

Offences relating to pollution etc: penalties on conviction

Minor and consequential amendments

95A

• (1) This section applies in relation to amounts paid to an authority in England, other than a parish or community council, in pursuance of notices under—

• (a) section 88 of the Environmental Protection Act 1990 (fixed penalty notices for leaving litter);

• (b) paragraph 7 of Schedule 3A to the Environmental Protection Act 1990 (free distribution of printed matter on designated land: fixed penalty notices);

• (c) section 43(1) of the Anti-social Behaviour Act 2003 (penalty notices for graffiti and fly-posting).

• (2) The amounts to which this section applies which are paid to an authority are in this section called the authority's “fixed penalty receipts”.

• (3) An authority may use its fixed penalty receipts paid to it in pursuance of a notice under section 88 of the Environmental Protection Act 1990 only for the purposes of—

• (a) the employment or engagement of its authorised officers, as defined in section 88(10) of the Environmental Protection Act 1990, or any of the functions of those officers,

• (b) its functions relating to offences under the following provisions of the Environmental Protection Act 1990—

• (i) section 87(1) (offence of leaving litter), or

• (ii) section 88(8B) (offence of failing to give a name and address or giving a false or inaccurate name or address),

• (c) its functions relating to the collection and disposal of litter and refuse,

• (d) its functions relating to the restoration of land following littering, and

• (e) such other of its functions as may be specified in regulations made by the Secretary of State.

• (4) An authority may use its fixed penalty receipts paid to it in pursuance of a notice under paragraph 7 of Schedule 3A to the Environmental Protection Act 1990 or section 43(1) of the Anti-social Behaviour Act 2003 only for the purposes of—

• (a) its functions under Part 4 of the Environmental Protection Act 1990 (litter etc);

• (b) its functions under section 43 of the Anti-social Behaviour Act 2003 (penalty notices for graffiti and fly-posting);

• (c) such other of its functions as may be specified in regulations made by the Secretary of State.

• (5) Regulations under subsection (4)(c) may (in particular) have the effect that an authority may use those fixed penalty receipts for the purposes of any of its functions.

• (6) An authority must supply the Secretary of State with such information relating to its fixed penalty receipts as the Secretary of State may require.

• (7) The Secretary of State may by regulations make provision—

• (a) about what an authority must do with its fixed penalty receipts pending the use of those receipts for the purposes referred to in subsection (3) or (4);

• (b) about the period within which an authority must use those fixed penalty receipts for those purposes;

• (c) about what an authority must do with those fixed penalty receipts that are not used for those purposes within that period;

• (d) for accounting arrangements in respect of an authority’s fixed penalty receipts.

• (8) The provision that may be made under subsection (7)(c) includes (in particular) provision for the payment of sums to a person (including the Secretary of State) other than the authority.

• (9) Before making regulations under this section, the Secretary of State must consult—

• (a) the authorities to which the regulations are to apply;

• (b) such other persons as the Secretary of State thinks fit.