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Clean Neighbourhoods and Environment Act 2005

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Prospective

42Investigation and enforcement costsE+W
This section has no associated Explanatory Notes

(1)After section 33 of the Environmental Protection Act 1990 (c. 43) insert—

33ASection 33 offences: investigation and enforcement costs

(1)This section applies where a person is convicted of an offence under section 33 above in respect of a contravention of subsection (1) of that section.

(2)The court by or before which the offender is convicted may make an order requiring him to pay to an enforcement authority a sum which appears to the court not to exceed the costs arising from—

(a)investigations of the enforcement authority which resulted in the conviction; and

(b)the seizure by the enforcement authority under section 34B below of a vehicle involved in the offence.

(3)The costs arising from the seizure of a vehicle as specified in subsection (2)(b) above may include the cost of disposing of the contents of the vehicle.

(4)The power of a court to make an order under this section is in addition to its power to make an order under section 18 of the Prosecution of Offences Act 1985 (award of costs against accused).

(5)In this section “enforcement authority” means the Environment Agency or a waste collection authority.

(2)This section does not have effect in relation to an offence under section 33 of that Act committed before the commencement of this section.

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