Antisocial Behaviour etc. (Scotland) Act 2004

56 Litter: power of constables to issue fixed penalty notices

(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(a) the words “on any occasion” and “finds a person who he” shall be repealed;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(a) the words “to a litter authority” are repealed; and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”.