OpenLegislation

Section 88D Littering from a vehicle: consequences of civil penalty charge notice under section 88CF1

Scotland

(1)

No action may be taken under section 87 or section 88 against a person in respect of an act of littering for which a civil penalty charge notice has been given and paid in full, regardless of whether or not the person who paid it is the vehicle’s keeper.

(2)

After the end of the period of 28 days beginning with the day on which a civil penalty charge notice is given, any unpaid amount of the charge may be recovered in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff for any sheriffdom.

Annotations

Textual amendments

F1

Ss. 88C, 88D inserted (S.) (1.8.2025 for specified purposes) by Circular Economy (Scotland) Act 2024 (asp 13), ss. 18(2), 27(2); S.S.I. 2025/170, reg. 2, sch.

Notes on Part IV

Modifications

C1

Pt. IV amended: by S.I. 1991/476, art. 2; (1.9.1994) by 1993 c. 35, s. 298, Sch. 18 para.10; S.I. 1994/2038, art. 3.

C2

Pt. IV extended: by S.I.1991/961, art. 2; (E.W.) (1.11.1996) by 1996 c. 56, ss. 19, 583(2), Sch. 1 para.10 (with ss. 1(4), 561, 562, Sch. 39)