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The Controlled Waste (Fixed Penalty Notices) (Scotland) Order 2014

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Scottish Statutory Instruments

2014 No. 320

Environmental Protection

The Controlled Waste (Fixed Penalty Notices) (Scotland) Order 2014

Made

19th November 2014

Laid before the Scottish Parliament

21st November 2014

Coming into force

1st April 2015

The Scottish Ministers make the following Order in exercise of the power conferred by section 33A(8) of the Environmental Protection Act 1990(1) and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Controlled Waste (Fixed Penalty Notices) (Scotland) Order 2014 and comes into force on 1st April 2015.

Form of fixed penalty notice

2.  The form of notices under section 33A(8) of the Environmental Protection Act 1990 (fixed penalty notices for contraventions of section 33(1)(a) and (c))(2) is prescribed in the Schedule.

Revocation of Order

3.  The Controlled Waste (Fixed Penalty Notices) (Scotland) Order 2004(3) is revoked.

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew’s House,

Edinburgh

19th November 2014

Article 2

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

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. A notice under section 33A may be given by an authorised person or a constable to a person who the authorised person or constable has reason to believe has committed an offence under section 33(1)(a) or (c) of that Act (offences related to the deposit, keeping or managing of controlled waste). 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.

The Order revokes and replaces the Controlled Waste (Fixed Penalty Notices) (Scotland) Order 2004. It reflects amendments made by the Regulatory Reform (Scotland) Act 2014 to the effect that notices can be issued by “authorised persons”, being authorised officers of a local authority, authorised officers of Loch Lomand and The Trossachs National Park Authority, or such other persons as may be specified by order made by the Scottish Ministers.

(1)

1990 c.43; section 33A was added by section 55 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), and amended by paragraph 11 of schedule 3 to the Regulatory Reform (Scotland) Act 2014 (asp 3) and S.S.I. 2013/315.

(2)

Section 33(1) was amended by S.S.I. 2009/247 and S.S.I. 2011/226.

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