Search Legislation

The Litter (Fixed Penalties) (Scotland) Order 2013

 Help about what version

What Version

 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made).

Scottish Statutory Instruments

2013 No. 315

Environmental Protection

The Litter (Fixed Penalties) (Scotland) Order 2013

Made

5th November 2013

Laid before the Scottish Parliament

7th November 2013

Coming into force

1st April 2014

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 33A(10) and 88(7) of the Environmental Protection Act 1990(1) and all other powers enabling them to do so.

Citation, commencement and extent

1.—(1) This Order may be cited as the Litter (Fixed Penalties) (Scotland) Order 2013 and comes into force on 1st April 2014.

(2) This Order extends to Scotland only.

Interpretation

2.  In this Order, the “1990 Act” means the Environmental Protection Act 1990.

Amount of fixed penalties

3.  For the amount of £50 specified as the amount of fixed penalty in—

(a)section 33A(9) of the 1990 Act, there is substituted the amount of £200; and

(b)section 88(6) of the 1990 Act(2), there is substituted the amount of £80.

Revocation

4.  The Litter (Fixed Penalty) (Scotland) Order 2003(3) is revoked.

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew’s House,

Edinburgh

5th November 2013

EXPLANATORY NOTE

(This note is not part of the Order)

Sections 33A and 88 of the Environmental Protection Act 1990 provide for the payment of a fixed penalty to discharge any liability to conviction for the waste (including littering and flytipping) and littering offences under sections 33 and 87 respectively of that Act.

This Order increases the fixed penalty under section 33A from £50 to £200, and the fixed penalty under section 88 from £50 to £80.

A business and regulatory impact assessment has not been prepared for this Order as no impact upon business is foreseen.

(1)

1990 c.43. Section 33A was inserted by section 55 of the Antisocial Behaviour etc. (Scotland) Act 2004 asp 8 (the “2004 Act”). Section 88 has been relevantly amended by section 56 of the 2004 Act, and by S.S.I. 2003/268. 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)

The amount of fixed penalty specified in section 88(6) was increased from £10 to £25 by S.I. 1996/3055, and from £25 to £50 by S.S.I. 2003/268.

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

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

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