The Litter (Fixed Penalty Notices) (Scotland) Order 2004

Scottish Statutory Instruments

2004 No. 427

ENVIRONMENTAL PROTECTION

The Litter (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 88(5) of the Environmental Protection Act 1990(1) (“the 1990 Act”) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and extent

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

(2) This Order extends to Scotland only.

Form of fixed penalty notice

2.  A notice offering the opportunity of discharging any liability to conviction for an offence committed under section 87 of 1990 Act by payment of a fixed penalty shall be in the form prescribed in the Schedule to this Order.

Revocation of Order

3.  The Litter (Fixed Penalty Notices) Order 1991(2) insofar as it applies to Scotland shall be revoked.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

29th September 2004

SCHEDULE OFFENCE OF LEAVING LITTER

NOTICE OF OPPORTUNITY TO PAY FIXED PENALTYThe Environmental Protection Act 1990, section 88

Explanatory Note

(This note is not part of the Order)

This Order prescribes the form of notices under section 88 of the Environmental Protection Act 1990. Notices under section 88 may be given by an authorised officer of a litter authority or a constable to a person who there is reason to believe has committed an offence under section 87 of that Act (offence of leaving litter). 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 88 was amended by the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), section 56. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1991/111.