Regulation 3 Lesser amounts of fixed penalties

(1)

Where—

(a)

a litter authority in England acting under section 88(7) of the Environmental Protection Act 1990^f1;

(b)

a principal litter authority in England acting under paragraph 7(5) of Schedule 3A to the Environmental Protection Act 1990;

(c)

a local authority in England acting under section 43A(3) of the Anti-social Behaviour Act 2003;

(d)

a primary authority or a secondary authority in England acting under section 60(3) of the Clean Neighbourhoods and Environment Act 2005;

(e)

a local authority in England acting under section 74(3) of the Clean Neighbourhoods and Environment Act 2005,

makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount shall be not less than £50.

(2)

Where—

(a)

a waste collection authority in England acting under section 47ZB(3) of the Environmental Protection Act 1990;

(b)

a principal litter authority in England acting under section 94A(5) of the Environmental Protection Act 1990;

(c)

a local authority in England acting under section 8A(3) of the Noise Act 1996;

(d)

a local authority acting under section 6(10) of the Clean Neighbourhoods and Environment Act 2005,

makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount shall be not less than £60.

(3)

Where a local authority acting under section 2A(10) of the Refuse Disposal (Amenity) Act 1978^f2 makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount shall be not less than £120.

(4)

Where—

(a)

a regulation authority acting under section 5B(11) of the Control of Pollution (Amendment) Act 1989^f3;

(b)

an enforcement authority acting under section 34A(11) of the Environmental Protection Act 1990^f4,

makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount shall be not less than £180.

(5)

An authority acting under more than one of the sub-paragraphs in paragraph (1), paragraph (2) or paragraph (4) may specify a different lesser amount under each such sub-paragraph.

Annotations

Footnotes

f1: 1990 c. 43; section 88(7) was inserted by section 19(2) of the Clean Neighbourhoods and Environment Act 2005.
f2: 1978 c. 3; section 2A was inserted by section 10 of the Clean Neighbourhoods and Environment Act 2005 (c. 16).
f3: 1989 c. 14; section 5B was inserted by section 38 of the Clean Neighbourhoods and Environment Act 2005.
f4: 1990 c. 43; section 34A was inserted by section 45 of the Clean Neighbourhoods and Environment Act 2005.