Regulation 4 Use of fixed penalty receipts by parish councils

(1)

A parish council may use any amounts it receives in pursuance of notices under—

(a)

section 88 (fixed penalty notices for leaving litter) of the Environmental Protection Act 1990^f1;

(b)

section 43(1) (penalty notices for graffiti and fly-posting) of the Anti-social Behaviour Act 2003^f2;

(c)

section 59 (fixed penalty notices for offences under dog control orders) of the Clean Neighbourhoods and Environment Act 2005,

only for the purposes of its qualifying functions.

(2)

The following are qualifying functions for the purposes of this regulation—

(a)

functions under section 88 of the Environmental Protection Act 1990;

(b)

functions under section 43 of the Anti-social Behaviour Act 2003;

(c)

functions under Chapter 1 of Part 6 of the Clean Neighbourhoods and Environment Act 2005;

(d)

where, and for as long as, any parish council is approved as a Quality parish council, any other of its functions.

(3)

A parish council must supply the Secretary of State with such information in relation to its amounts received as specified in paragraph (1) as she may require.

(4)

In this regulation and in regulation 5, a “Quality parish council” is one that is approved as such by the Secretary of State.

(5)

The Secretary of State shall publish, in such manner, and at such intervals, as she shall determine, a list of the parish councils approved by her as Quality parish councils.

Annotations

Footnotes

f1: 1990 c. 43; section 88(9)(f), as amended by section 19(1) and (4) of the Clean Neighbourhoods and Environment Act 2005 (c. 16), includes parish councils in the list of authorities defined as “litter authorities”, the authorised officers of which are empowered to issue fixed penalty notices under that section.
f2: 2003 c. 38; by virtue of qualifying as a litter authority for the purposes of section 88 of the Environmental Protection Act 1990, a parish council is also a local authority the authorised officers of which are empowered to issue fixed penalty notices under section 43 of the Anti-social Behaviour Act 2003; see section 47(1) of the 2003 Act.