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Explanatory Memorandum to Waste (Amendment) (Northern Ireland) Order 2007

Article 10 – Offences relating to waste receptacles

This Article inserts new Articles 22A, 22B and 22C into the 1997 Order. The new Articles apply where an authorised officer of a district council believes that a person has committed an offence under Article 21 or Article 22 of the 1997 Order. It enables the officer to issue a notice to that person, offering him the opportunity to discharge any liability to conviction for that offence by payment of a fixed penalty. Article 22B fixes the amount of the fixed penalty at £100, which may be substituted by a different amount by an order made by the Department.  The council may choose to treat the fixed penalty as having been paid if a lesser amount is paid within a shorter specified period; the extent and circumstances for doing so may be subject to restrictions made by the Department.

Article 22C allows a district council to use amounts raised through these fixed penalties for the exercise of its functions under Part II of the 1997 Order, or such other purposes as may be specified in regulations made by the Department.

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