Regulation 5 Fixed penalty receipts and trading

This regulation applies to a single tier council which has not been categorised under section 99(4) of the 2003 Act.

Where, by virtue of regulations under section 96 of the Clean Neighbourhoods and Environment Act 2005^f1 (use of fixed penalty receipts: higher tier authorities), any of a single tier council’s related predecessor councils was permitted to use its fixed penalty receipts for the purposes of any of its functions, the single tier council may use its fixed penalty receipts for the purposes of any of its functions for the period of 12 months beginning on the reorganisation date.

Where any of a single tier council’s related predecessor councils was authorised under section 95 of the 2003 Act (power to trade in function-related activities through a company) to do things for a commercial purpose, the single tier council may, for the period of 24 months beginning on the reorganisation date, do for a commercial purpose anything which it is authorised to do in the exercise of any of its functions, other than functions under that section, as if it were authorised to do so under that section.

In this regulation, “fixed penalty receipts” means amounts to which section 96 of the Clean Neighbourhoods and Environment Act 2005 applies that are paid to a single tier council or any related predecessor council.