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Clean Neighbourhoods and Environment Act 2005

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.

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