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(1)Section 88 of the 1990 Act (fixed penalty notices for litter) shall be amended as follows.
(2)In subsection (1)—
(a)the words “on any occasion” and “finds a person who he” shall be repealed;
(b)for “has on that occasion” there shall be substituted “ that a person has ”;
(c)the words from “an”, where it first occurs, to “authority”, where it secondly occurs, shall become paragraph (a) of that subsection; and
(d)after “authority”, where it secondly occurs, there shall be inserted “; or
(b)a constable has reason to believe that a person has committed an offence under that section,”.
(3)After subsection (1) there shall be inserted—
“(1A)Where a constable gives a notice under this section to a person, he shall, no later than 24 hours after the giving of the notice, send a copy of it to the litter authority in whose area the offence was committed.”.
(4)After subsection (5) there shall be inserted—
“(5A)A fixed penalty payable in pursuance of a notice under this section shall be payable to the litter authority in whose area the offence was committed.”.
(5)In subsection (6)—
(a)the words “to a litter authority” are repealed; and
(b)for “the”, where it thirdly occurs, there shall be substituted “ a litter ”.
(6)In subsection (7), after “amount”, where it first occurs, there shall be inserted “ (not exceeding level 2 on the standard scale) ”.
(7)In subsection (8)(a)(ii), after “officer” there shall be inserted “ for the litter authority in whose area the offence was committed ”.
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