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Clean Neighbourhoods and Environment Act 2005

Use of fixed penalty receipts
Section 96 Use of fixed penalty receipts: higher tier authorities

243.Section 96 enables “higher tier” authorities to use for certain functions the money received from any fixed penalty notices they issue in respect of certain offences relating to litter, graffiti fly-posting and dog control offences. In particular, in respect of litter the relevant offences are those of dropping litter, of failing to comply with a litter clearing notice or street litter control notice, and of distributing free printed matter without consent in a designated area.

244.Higher tier authorities are authorities other than a parish or community council, i.e. a local authority.

245.Subsection (3), (4) and (5) set out the functions that the receipts can be used for (which may be set out in regulations).

246.Subsection (10) makes similar provision to that made by section 8 (subsection (8)) as described in paragraph 44 above.

Section 97 Use of fixed penalty receipts: lower tier authorities

247.Section 97 relates to the use of receipts by “lower tier” authorities from fixed penalty notices issued by them for certain offences relating to litter, graffiti, fly-posting and dog control offences. Lower tier authorities are parish or community councils, or secondary authorities designated for dog control offences under section 58(3).

248.Section 97 requires regulations to be made relating to the use of such receipts collected by lower tier authorities. The regulations may specify which (if any) of their functions lower tier authorities may use their fixed penalty receipts for. Alternatively, the regulations could require such receipts to be paid to another person or body, such as the Secretary of State or National Assembly for Wales.

249.Subsection (3) allows regulations under section 97 to be linked to performance of lower tier authorities. For example, regulations under subsection (1) could make the use of fixed penalty receipts dependent on performance, such that high performing authorities could be allowed to spend their receipts on any of their functions.

Section 98: Sections 96 and 97: supplementary

250.Section 98 provides a definition of "appropriate person" for the purposes of the powers conferred by sections 96 and 97. The effect is that the powers are conferred on the Secretary of State in relation to England, and the Assembly in relation to Wales.

251.Subsections (3) and (4) require the regulations to be made by affirmative resolution.

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