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The Environmental Offences (Fixed Penalties) (England) Regulations 2017

Type Statutory-Instrument
Publication 2017-10-30
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
Reform history JSON API PDF

Made: 30th October 2017

Laid before Parliament: 1st November 2017

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers— in sections 2A(11) and 2C(2)(d) and (3) of the Refuse Disposal (Amenity) Act 1978 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 11(1) of that Act)[^f00001], in sections 5B(12) and 5C(3)(b) and (4) of the Control of Pollution (Amendment) Act 1989 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 9(1) of that Act)[^f00002], in sections 34A(12), 47ZB(4) and (5) and 73A(2)(b), (3) and (8) of the Environmental Protection Act 1990 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 29(1A)(a) of that Act)[^f00003], in sections 88(11) and 97A(1) to (3) of the Environmental Protection Act 1990 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 98(1A)(a) of that Act)[^f00004], in sections 8A(4) and (5) and 9(4A)(b) and (4B) of the Noise Act 1996 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 11(2A)(a) of that Act)[^f00005], in sections 43A(4) to (6) and 47(4) of the Anti-social Behaviour Act 2003 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 47(1) of that Act)[^f00006], in sections 6(11) and 8(2)(d) and (3) of the Clean Neighbourhoods and Environment Act 2005 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 9(2) of that Act)[^f00007], and in sections 74(4) and (5) and 75(2)(d) and (3) of the Clean Neighbourhoods and Environment Act 2005 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 81(1) of that Act).

in sections 2A(11) and 2C(2)(d) and (3) of the Refuse Disposal (Amenity) Act 1978 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 11(1) of that Act)[^f00001],

in sections 5B(12) and 5C(3)(b) and (4) of the Control of Pollution (Amendment) Act 1989 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 9(1) of that Act)[^f00002],

in sections 34A(12), 47ZB(4) and (5) and 73A(2)(b), (3) and (8) of the Environmental Protection Act 1990 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 29(1A)(a) of that Act)[^f00003],

in sections 88(11) and 97A(1) to (3) of the Environmental Protection Act 1990 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 98(1A)(a) of that Act)[^f00004],

in sections 8A(4) and (5) and 9(4A)(b) and (4B) of the Noise Act 1996 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 11(2A)(a) of that Act)[^f00005],

in sections 43A(4) to (6) and 47(4) of the Anti-social Behaviour Act 2003 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 47(1) of that Act)[^f00006],

in sections 6(11) and 8(2)(d) and (3) of the Clean Neighbourhoods and Environment Act 2005 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 9(2) of that Act)[^f00007], and

in sections 74(4) and (5) and 75(2)(d) and (3) of the Clean Neighbourhoods and Environment Act 2005 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 81(1) of that Act).

Citation, commencement and expiry

1

Penalty range: audible intruder alarms

2

The amount of a fixed penalty capable of being specified by 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.

Penalty range: commercial etc. waste receptacles and noise

3

The amount of a fixed penalty capable of being specified by any of the following under the corresponding section is not less than £75 and not more than £110—

Penalty range: litter, distribution of printed matter, and graffiti and fly-posting: 1st April 2018 to 31st March 2019

4

The amount of a fixed penalty capable of being specified by any of the following under the corresponding section is not less than £50 and not more than £150—

Penalty range: litter, distribution of printed matter, and graffiti and fly-posting: 1st April 2019 onwards

5

Default penalty: litter and distribution of printed matter

6

(b) if no amount is so specified, is— (i) in England, £100, or (ii) in Wales, £75.

(b) if no amount is so specified, is— (i) in England, £100, or (ii) in Wales, £75.

Default penalty: graffiti and fly-posting

7

For subsection (1)(b) of section 43A (amount of penalty for graffiti and fly-posting)[^f00010] of the Anti-social Behaviour Act 2003 substitute—

(b) if no amount is so specified, is— (i) in England, £100, or (ii) in Wales, £75.

Lesser penalty: litter, distribution of printed matter, graffiti and fly-posting, and audible intruder alarms

8

Where any of the following makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than £50—

Lesser penalty: commercial etc. waste receptacles, noise, and exposing for sale etc. vehicles on roads

9

Where any of the following makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than £60—

Lesser penalty: abandoning vehicles

10

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 within a specified period, that amount must not be less than £120.

Lesser penalty: transporting controlled waste and duty of care for waste

11

Where any of the following makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than £180—

Authorising notice-giving: condition: parish or community councils

12

Before a parish or community council may authorise a person to give notices under any of the following sections the person must successfully complete a course of training suitable for equipping the person to give notices under those sections—

Revocations

13

Signed

Thérèse Coffey — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 30th October 2017

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations supplement provisions in Acts for fixed penalties payable in respect of offences relating to the environment. They replace the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007 (“the EOR 2007”) (except for regulation 2(2)(b) and 3(2)(b) of the EOR 2007).

The Regulations prescribe the ranges within which the amounts of certain fixed penalties that are capable of being specified by a local authority are required to fall (regulations 2 to 5). The ranges for littering, free distribution of printed matter on designated land and graffiti and fly-posting (see regulations 4 and 5) are different to those under the EOR 2007. For the period beginning with 1st April 2018 and ending with 31st March 2019, the range is not less than £50 and not more than £150 (regulation 4). From 1st April 2019, the range is not less than £65 and not more than £150 (regulation 5).

Regulations 6 and 7 amend the Environmental Protection Act 1990 and the Anti-social Behaviour Act 2003 in relation to England to increase the amount of the penalties for littering, free distribution of printed matter on designated land and graffiti and fly-posting where a local authority does not specify an amount. The penalty for each is increased from £75 to £100.

The Regulations also state a minimum lesser amount which an authority may treat as payment of the full amount if paid before the end of a period specified by the authority in relation to certain fixed penalties (regulations 8 to 11).

The Regulations provide that before a person may be authorised by a parish or community council to give notices of certain fixed penalties, the person must successfully complete a course of training on the giving of those notices (regulation 12).

Regulation 13 partially revokes the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007. Regulation 13 also revokes the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Amendment) Regulations 2012.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: 1978 c.3. Sections 2A and 2C were inserted by section 10 of the Clean Neighbourhoods and Environment Act 2005 (c.16) (“the CNEA 2005”). The definition of “appropriate person” was inserted by section 14(3) of that Act.

[^f00002]: 1989 c.14. Sections 5B and 5C were inserted by section 38 of the CNEA 2005. The definition of “appropriate person” was inserted by section 39(2) of that Act.

[^f00003]: 1990 c.43. Sections 34A, 47ZB and 73A were inserted by sections 45, 48 and 52 of the CNEA 2005 respectively. Section 73A(2) was amended by S.I. 2016/334. The definition of “appropriate person” was inserted by section 51 of that Act.

[^f00004]: Sections 88(11) and 97A were inserted by sections 19(6) and 24 of the CNEA 2005 respectively. The definition of “appropriate person” was inserted by section 26 of that Act.

[^f00005]: 1996 c.37. Section 8A was inserted by section 82(2) of the CNEA 2005, and amended by paragraph 11 of Schedule 1 to the CNEA 2005. Section 9(4A) and (4B) was substituted by section 42(5) of the Anti-social Behaviour Act 2003 (c.38) and was amended by section 83(2) of the CNEA 2005. Section 9(4A)(b) was amended by paragraph 12(4) of Schedule 1 to the CNEA 2005. The definition of “appropriate person” in section 11(2A)(a) was inserted by section 85(2) of the CNEA 2005.

[^f00006]: 2003 c.38. Sections 43A and 47(4) were inserted by sections 28(2) and 30(2) of the CNEA 2005.

[^f00007]: 2005 c.16.

[^f00008]: Section 88(6A) was substituted by section 19(2) of the CNEA 2005.

[^f00009]: Schedule 3A was inserted by section 23(2) of the CNEA 2005.

[^f00010]: Section 43A was inserted by section 28(2) of the CNEA 2005.

[^f00011]: Section 88(7) was substituted by section 19(2) of the CNEA 2005.

[^f00012]: S.I. 2007/175, as amended by S.I. 2012/1151. Regulations 2(1)(d) and 3(1)(d) of S.I. 2007/175 were impliedly revoked by the repeal of section 60 of the CNEA 2005 by section 181(1) of, and paragraph 42 of Schedule 11 to, the Anti-social Behaviour, Crime and Policing Act 2014. Regulations 2(2A) and 3(2A) of S.I. 2007/175 were impliedly revoked by the amendment to section 46(6) of the Environmental Protection Act 1990 by section 58(2) of the Deregulation Act 2015 (c.20).

[^f00013]: S.I. 2012/1151.

Editorial notes

[^key-f83f9b91080fb2a22bf51b8d642e62d4]: Reg. 6 in force at 1.4.2018, see reg. 1(2)

[^key-d69486190ce4ec0c41ef2b8d71b142e7]: Reg. 1 in force at 1.4.2018, see reg. 1(2)

[^key-a54a3b7b18a95c02ed5e847398b99ec0]: Reg. 7 in force at 1.4.2018, see reg. 1(2)

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