The Litter (Fixed Penalty Notices) (Scotland) Order 2014

Scottish Statutory Instruments

2014 No. 321

Environmental Protection

The Litter (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 88(5) 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 Litter (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 88 of the Environmental Protection Act 1990 (fixed penalty notices for leaving litter) is prescribed in the Schedule.

Revocation of Order

3.  The Litter (Fixed Penalty Notices) (Scotland) Order 2004(2) is revoked.

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew’s House,

Edinburgh

19th November 2014

Article 2

SCHEDULE OFFENCE OF LEAVING LITTER

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. A notice under section 88 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 87 of the 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.

The Order revokes and replaces the Litter (Fixed Penalty Notices) (Scotland) Order 2004. It reflects amendments, coming into force on 1st April 2015, made by the Regulatory Reform (Scotland) Act 2014 to the effect that notices can be issued by “authorised persons”, being authorised officers of a litter 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 88 was amended by paragraph 1 of Schedule 14 to the Local Government etc. (Scotland) Act 1994 (c.39); paragraph 1 of Schedule 24 to the Environment Act 1995 (c.25); section 56 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8); paragraph 8(b) of schedule 1 to the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6); S.S.I. 2013/315; and paragraph 11 of schedule 3 to the Regulatory Reform (Scotland) Act 2014 (asp 3). 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.S.I. 2004/427.