Climate Change (Scotland) Act 2009 (asp 12)

Part 5 S Other climate change provisions

Chapter 5 S Waste reduction and recycling

F1 [F2 ... S

Textual Amendments

F1 S. 88A cross-heading omitted (1.4.2025) by virtue of Circular Economy (Scotland) Act 2024 (asp 13), ss. 10(6), 27(2); S.S.I. 2025/10, reg. 3(a)

F2 S. 88A and cross-heading inserted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 43(2), 61(2); S.S.I. 2014/160, art. 2(1)(2), Sch.

88A [F3 Offences relating to supply of chargeable items: fixed penalty notices] S

(1) A person authorised for the purpose of this section by an enforcement authority may give a person a fixed penalty notice if the person so authorised has reason to believe that the person to whom the notice is given has committed a relevant offence.

(2) In subsection (1), “relevant offence” means an offence provided for in regulations made under section [F4 87A or] 88.

(3) The Scottish Ministers may by regulations make further provision about fixed penalty notices under subsection (1).

(4) Subject to section 89, the regulations may in particular include provision about—

(a) the enforcement authority in relation to the regulations; and

(b) the functions of that authority in relation to fixed penalty notices.

(5) Schedule 1A makes further provision about fixed penalties.]

Textual Amendments

F3 S. 88A heading substituted (1.4.2025) by Circular Economy (Scotland) Act 2024 (asp 13), ss. 10(7)(b), 27(2); S.S.I. 2025/10, reg. 3(a)

F4 Words in s. 88A(2) inserted (1.4.2025) by Circular Economy (Scotland) Act 2024 (asp 13), ss. 10(7)(a), 27(2); S.S.I. 2025/10, reg. 3(a)