# The Litter (Fixed Penalty Notices) (Scotland) Order 2014 S.S.I. 2014/321 · made 19 November 2014 This Order prescribes the form of notices under section 88 of the Environmental Protection Act 1990. A notice under section 88 may be given by an authorised person or a constable to a person who the authorised person or constable has reason to believe has committed an offence under section 87 of the Act (offence of leaving litter). The effect of giving the notice is that no proceedings shall be instituted for the offence before the expiration of fourteen days following the date of the notice, and that a person who pays the fixed penalty within that period shall not be convicted of the offence. Made under: Environmental Protection Act 1990 (Section 88) PDFs: Printed copy https://openlegislation.uk/litter-fixed-penalty-notices-scotland-order-2014/pdf/ssi_20140321_en.pdf; Policy Note https://openlegislation.uk/litter-fixed-penalty-notices-scotland-order-2014/pdf/ssipn_20140321_en.pdf ## Introductory text Environmental Protection Made 19th November 2014 Laid before the Scottish Parliament 21st November 2014 Coming into force 1st April 2015 The Scottish Ministers make the following Order in exercise of the power conferred by section 88(5) of the Environmental Protection Act 1990 and all other powers enabling them to do so. ## 1 Citation and commencement This Order may be cited as the Litter (Fixed Penalty Notices) (Scotland) Order 2014 and comes into force on 1st April 2015. ## 2 Form of fixed penalty notice The form of notices under section 88 of the Environmental Protection Act 1990 (fixed penalty notices for leaving litter) is prescribed in the Schedule. ## 3 Revocation of Order The Litter (Fixed Penalty Notices) (Scotland) Order 2004 is revoked. ## Signature RICHARD LOCHHEAD A member of the Scottish Government St Andrew’s House, Edinburgh 19th November 2014 ## OFFENCE OF LEAVING LITTER ## Explanatory note (This note is not part of the Order) This Order prescribes the form of notices under section 88 of the Environmental Protection Act 1990. A notice under section 88 may be given by an authorised person or a constable to a person who the authorised person or constable has reason to believe has committed an offence under section 87 of the Act (offence of leaving litter). The effect of giving the notice is that no proceedings shall be instituted for the offence before the expiration of fourteen days following the date of the notice, and that a person who pays the fixed penalty within that period shall not be convicted of the offence. The Order revokes and replaces the Litter (Fixed Penalty Notices) (Scotland) Order 2004. It reflects amendments, coming into force on 1st April 2015, made by the Regulatory Reform (Scotland) Act 2014 to the effect that notices can be issued by “authorised persons”, being authorised officers of a litter authority, authorised officers of Loch Lomand and The Trossachs National Park Authority, or such other persons as may be specified by order made by the Scottish Ministers. --- Source: https://www.legislation.gov.uk/ssi/2014/321 (the official version) Page: https://openlegislation.uk/litter-fixed-penalty-notices-scotland-order-2014 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.