Regulation 59 Fixed penalties

United Kingdom

(1)

If an authorised person has reason to believe that a person has committed an offence under these Regulations F1(except an offence under regulation 49A(7)), he may give that person a notice (a “fixed penalty notice”) offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.

(2)

Where a person is given a fixed penalty notice in respect of an offence—

(a)

no proceedings may be instituted for that offence before the expiry of 28 days following the date of the notice; and

(b)

he may not be convicted of that offence if he pays the fixed penalty before the expiry of that period.

(3)

A fixed penalty notice must—

(a)

be in the form set out in Schedule 6;

(b)

give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence; and

(c)

state—

(i)

the period during which, by virtue of paragraph (2), proceedings will not be taken for the offence;

(ii)

the amount of the fixed penalty; and

(iii)

the name of the person to whom and the address at which the fixed penalty may be paid.

(4)

Payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of penalty.

(5)

Where a letter is sent in accordance with paragraph (4), payment is deemed to be made at the time at which that letter would be delivered in the ordinary course of post.

F2(6)

The amount of fixed penalty payable in pursuance of a notice under this regulation is £300 which is to be paid in the case of a notice served by an authorised person from—

(a)

the Environment Agency or the Scottish Environment Protection Agency, to the Secretary of State;

(b)

the Natural Resources Body for Wales, to the Welsh Ministers;

(c)

the Department of F3Agriculture, Environment and Rural Affairs in Northern Ireland, to that Department.

(7)

In any proceedings, a certificate which—

(a)

purports to be signed by or on behalf of the chief finance officer F4in England and Scotland, in Wales the principal accounting officer , or in Northern Ireland an authorised person; 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.

Annotations

Textual amendments

F1: Words in reg. 59(1) inserted (1.5.2014) by The Transfrontier Shipment of Waste (Amendment) Regulations 2014 (S.I. 2014/861), regs. 1, 13(a) (with reg. 23)
F2: Reg. 59(6) substituted (1.5.2014) by The Transfrontier Shipment of Waste (Amendment) Regulations 2014 (S.I. 2014/861), regs. 1, 13(b) (with reg. 23)
F3: Words in reg. 59(6)(c) substituted (15.3.2019) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(1), 11
F4: Words in reg. 59(7)(a) inserted (1.5.2014) by The Transfrontier Shipment of Waste (Amendment) Regulations 2014 (S.I. 2014/861), regs. 1, 13(c) (with reg. 23)