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Clean Neighbourhoods and Environment Act 2005
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- 2005 c. 16
- Part 3
- Local authority notices
- Section 22
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- s. 22 Coming into force by S.I. 2006/795 art. 2(3) Sch. 2 (commencement order for 2005 c. 48)
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- S.I. 2005/1675 art. 2 commences (2005 c. 16)
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- S.I. 2005/3439 art. 2 commences (2005 c. 16)
- S.I. 2006/656 art. 2 3 commences (2005 c. 16)
- S.I. 2006/768 art. 2-4 commences (2005 c. 16)
- S.I. 2006/795 art. 2 Sch. 1 2 commences (2005 c. 16)
- S.I. 2006/1361 art. 2 commences (2005 c. 16)
- S.I. 2006/2006 art. 2 commences (2005 c. 16)
- S.I. 2007/390 art. 2 commences (2005 c. 16)
- S.I. 2007/3371 art. 2 commences (2005 c. 16)
- S.I. 2008/956 art. 2 commences (2005 c. 16)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2006/1002 art. 2 amendment to earlier commencing SI 2005/2896 art. 6(1)
- S.I. 2006/2797 art. 11 amendment to earlier commencing SI 2006/768
- S.I. 2007/120 art. 3 amendment to earlier commencing SI 2006/2797 art. 5-7
- S.I. 2007/709 art. 4(e) commences (2006 c. 48)
- S.I. 2007/1614 art. 2 3 commences (2006 c. 48)
- S.I. 2007/3073 art. 2 commences (2006 c. 48)
22Failure to comply with notice: fixed penalty noticesE+W
This section has no associated Explanatory Notes
After section 94 of the Environmental Protection Act 1990 (c. 43) insert—
“94AFixed penalty notices relating to sections 92C and 94
(1)This section applies where on any occasion it appears to an authorised officer of a principal litter authority that a person has committed an offence under section 92C(2) or 94(8) above in relation to a notice served by that authority.
(2)The authorised officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the principal litter authority.
(3)Subsections (2) to (5) of section 88 above (fixed penalty notices for leaving litter) apply in relation to notices given under this section as they apply in relation to notices given under that section.
(4)The amount of a fixed penalty payable to a principal litter authority under this section is—
(a)the amount specified by the authority in relation to its area (and an authority may specify different amounts for the two different offences referred to in subsection (1) above); or
(b)if no amount is so specified, £100.
(5)The principal litter authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority.
(6)In any proceedings a certificate which—
(a)purports to be signed by or on behalf of the chief finance officer of a principal litter authority; and
(b)states that payment of a fixed penalty was or was not received by the date specified in the certificate,
is evidence of the facts stated.
(7)In this section—
“authorised officer”, in relation to a principal litter authority, means an officer of the authority who is authorised in writing by the authority for the purposes of giving notices under this section;
“chief finance officer”, in relation to a principal litter authority, means the person having responsibility for the financial affairs of that authority.”
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