Search Legislation

Advanced Search

The Controlled Waste (Fixed Penalty Notices) (Scotland) Order 2004

Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2004 No. 426

ENVIRONMENTAL PROTECTION

The Controlled Waste (Fixed Penalty Notices) (Scotland) Order 2004

Made

29th September 2004

Laid before the Scottish Parliament

30th September 2004

Coming into force

5th November 2004

The Scottish Ministers in exercise of the powers conferred by section 33A(8) of the Environmental Protection Act 1990 (“the 1990 Act”)(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Controlled Waste (Fixed Penalty Notices) (Scotland) Order 2004 and shall come into force on 5th November 2004.

Form of notice

2.  A notice offering the opportunity, by paying a fixed penalty, of discharging any liability to conviction for an offence committed under section 33(1)(a) or (c) of the 1990 Act shall be in the form prescribed in the Schedule to this Order.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

29th September 2004

SCHEDULECONTRAVENTION OF SECTION 33 OF THE ENVIRONMENTAL PROTECTION ACT 1990 (“THE 1990 ACT”)

NOTICE OF OPPORTUNITY TO PAY FIXED PENALTYThe 1990 Act, section 33A

Explanatory Note

(This note is not part of the Order)

This Order prescribes the form of notices under section 33A of the Environmental Protection Act 1990. Notices under section 33A may be given by an authorised officer of a local authority; a constable, or an authorised officer of a waste regulation authority (SEPA) to a person who that authorised officer has reason to believe has committed an offence under section 33(1)(a) or (c) of that Act. The effect of giving the notice is that no proceedings shall be instituted for the offence before the expiration of fourteen days following the date of the notice, and that a person who pays the fixed penalty within that period shall not be convicted of the offence.

(1)

1990 c. 43; section 33A was inserted by the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), section 55.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources