# The Litter (Northern Ireland) Order 1994, Paragraph 7


(1) This paragraph applies where on any occasion it appears to an authorised officer of a district council that a person has committed an offence under paragraph 1 on any land designated by the council under this Schedule.
(2) The authorised officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the council.
(3) Paragraphs (2) to (5) of Article 6 apply in relation to notices given under this paragraph as they apply to notices under that Article.
(4) The amount of the fixed penalty payable to a district council under this paragraph—
(a) is the amount specified by the council in relation to its district; or
(b) if no amount is so specified, is £75.
(5) The district council to which a fixed penalty is payable under this paragraph may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the council.
(6) In any proceedings a certificate which—
(a) purports to be signed on behalf of the clerk of the council, and
(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,
is evidence of the facts stated.
(7) If an authorised officer of a district council proposes to give a person a notice under this paragraph, the officer may require the person to give him his name and address.
(8) A person commits an offence if—
(a) he fails to give his name and address when required to do so under sub-paragraph (7); or
(b) he gives a false or inaccurate name or address in response to a requirement under that sub-paragraph.
(9) A person guilty of an offence under sub-paragraph (8) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(10) In this paragraph “ clerk of the council ”, in relation to a district council, means the clerk appointed in accordance with section 41 of the Local Government Act (Northern Ireland) 1972.

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Source: https://www.legislation.gov.uk/nisi/1994/1896/schedule/1A/paragraph/7 (the official version)
Page: https://openlegislation.uk/litter-northern-ireland-order-1994/schedule-1A/paragraph-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

