Article 16 – Failure to produce authority: fixed penalty notice
This Article inserts a new Article 42B into the 1997 Order. The new Article deals with circumstances where a person fails to produce authority for transporting controlled waste). It provides for such a person to be offered the opportunity to discharge any liability to conviction for the offence by payment of a fixed penalty. The fixed penalty is set at £300, though a different amount may be substituted by an Order made by the Department.
The Department may make provision for treating 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.