Local Government Act 2003

119 Use of fixed penalties paid for litter and dog-fouling offences

(1) Section 88(6)(a) of the Environmental Protection Act 1990 (c. 43) (which requires authorities to pay any receipts from fixed penalties for litter offences to the Secretary of State or the National Assembly for Wales and applies also to fixed penalties for dog-fouling offences by virtue of section 4(2) of the Dogs (Fouling of Land) Act 1996) ceases to have effect.

(2) An authority in England and Wales to which fixed penalties are payable in pursuance of notices under—

(a) section 88 of the Environmental Protection Act 1990 (fixed penalty notices for leaving litter), or

(b) section 4 of the Dogs (Fouling of Land) Act 1996 (c. 20) (fixed penalty notices for not removing dog faeces),

may use any sums it receives in respect of fixed penalties payable to it in pursuance of such notices only for the purposes of functions of its that are qualifying functions.

(3) The following are qualifying functions for the purposes of this section—

(a) functions under Part 4 of the Environmental Protection Act 1990 (litter etc.),

(b) functions under the Dogs (Fouling of Land) Act 1996, and

(c) functions of a description specified in regulations made by the appropriate person.

(4) Regulations under subsection (3)(c) may (in particular) have the effect that an authority may use the sums mentioned in subsection (2) (its “fixed-penalty receipts”) for the purposes of any of its functions.

(5) An authority shall supply the appropriate person with such information relating to its use of its fixed-penalty receipts as the appropriate person may require.

(6) The appropriate person may by regulations—

(a) make provision for what an authority is to do with its fixed-penalty receipts—

(i) pending their being used for the purposes of qualifying functions of the authority;

(ii) if they are not so used before such time after their receipt as may be specified by the regulations;

(b) make provision for accounting arrangements in respect of an authority’s fixed-penalty receipts.

(7) The provision that may be made under subsection (6)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the appropriate person) other than the authority.

(8) Before making regulations under this section, the appropriate person must consult—

(a) the authorities to which the regulations are to apply, and

(b) such other persons as the appropriate person considers appropriate.