C1C2 PART IIWASTE ON LAND

Annotations:

Collection, disposal or treatment of controlled waste

F1Use of fixed penalty receipts22C

1

A district council may use amounts received by it under Article 22A (its “fixed penalty receipts”) only for the purposes of—

a

its functions under this Part (including functions relating to the enforcement of offences under this Part); and

b

such other of its functions as may be specified in regulations made by the Department.

2

Regulations under paragraph (1) may (in particular) have the effect that a council may use its fixed penalty receipts for the purposes of any of its functions relating to waste.

3

A council must supply the Department with such information relating to its use of its fixed penalty receipts as the Department may require.

4

The Department may by regulations—

a

make provision for what a council is to do with its fixed penalty receipts—

i

pending their being used for the purposes of functions of the council referred to in paragraph (1);

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 a council's fixed penalty receipts.

5

The provision that may be made under paragraph (4)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the Department) other than the council.

6

Before making regulations under this Article, the Department must consult—

a

district councils; and

b

such other persons as the Department thinks fit.