{
  "url": "https://openlegislation.uk/clean-neighbourhoods-and-environment-act-2005/section-41",
  "json_url": "https://openlegislation.uk/clean-neighbourhoods-and-environment-act-2005/section-41.json",
  "legislation": "ukpga/2005/16",
  "legislation_title": "Clean Neighbourhoods and Environment Act 2005",
  "legislation_url": "https://openlegislation.uk/clean-neighbourhoods-and-environment-act-2005",
  "path": "section/41",
  "kind": "section",
  "number": "41",
  "heading": "Penalties on conviction",
  "text": "(1) In section 33 of the Environmental Protection Act 1990 (offence of unauthorised or harmful deposit etc of waste), for subsections (8) and (9) (penalties) substitute—\n“(8) A person who commits an offence under this section is liable—\n(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £50,000 or both;\n(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.”\n(2) Subsection (1) does not have effect in relation to offences committed before the commencement of this section.\n(3) In relation to offences committed after 2 May 2022, the amendment made by this section has effect as if for “ the general limit in a magistrates’ court ” there were substituted “ 6 months ”.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 41(3) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 41(3) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2005/16/section/41",
    "retrieved_at": "2026-10-29T09:15:57.815752+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}