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The Litter (Fixed Penalties) (Scotland) Order 2013

S.S.I. 2013/315 · Made 5 November 2013 · Extends to Scotland

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Environmental Protection

Made 5th November 2013

Laid before the Scottish Parliament 7th November 2013

Coming into force 1st April 2014

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 33A(10) and 88(7) of the Environmental Protection Act 1990f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

1990 c.43. Section 33A was inserted by section 55 of the Antisocial Behaviour etc. (Scotland) Act 2004 asp 8 (the “2004 Act”). Section 88 has been relevantly amended by section 56 of the 2004 Act, and by S.S.I. 2003/268. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

Contents

  1. 1Citation, commencement and extent
  2. 2Interpretation
  3. 3Amount of fixed penalties
  4. 4Revocation
  5. Signature
  6. Explanatory note

1Citation, commencement and extentI1

(1)

This Order may be cited as the Litter (Fixed Penalties) (Scotland) Order 2013 and comes into force on 1st April 2014.

(2)

This Order extends to Scotland only.

2InterpretationI1

In this Order, the “1990 Act” means the Environmental Protection Act 1990.

3Amount of fixed penaltiesI1

For the amount of £50 specified as the amount of fixed penalty in—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

section 88(6) of the 1990 Actf1, there is substituted the amount of £80.

4RevocationI1

The Litter (Fixed Penalty) (Scotland) Order 2003f1 is revoked.

Signature

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew’s House,

Edinburgh

5th November 2013

Explanatory note

(This note is not part of the Order)

Sections 33A and 88 of the Environmental Protection Act 1990 provide for the payment of a fixed penalty to discharge any liability to conviction for the waste (including littering and flytipping) and littering offences under sections 33 and 87 respectively of that Act.

This Order increases the fixed penalty under section 33A from £50 to £200, and the fixed penalty under section 88 from £50 to £80.

A business and regulatory impact assessment has not been prepared for this Order as no impact upon business is foreseen.