Statutory Instruments
ENVIRONMENTAL PROTECTION, ENGLAND
Made
5th April 2006
Coming into force in accordance with regulation 1(b)
These Regulations are made in exercise of the powers conferred by sections 96(4)(d) and (5), 97(1), (2)(a), (b) and (c) and (3) and 98(2) of the Clean Neighbourhoods and Environment Act 2005 (“the 2005 Act”)(1). In the case of section 96, these powers are exercised in accordance with section 100(1) of the Local Government Act 2003(2).
The Secretary of State is the appropriate person in relation to England, as defined in section 98(1)(a) of the 2005 Act.
The Secretary of State has, in respect of regulations 2 and 3, consulted the authorities to which these Regulations are to apply and such other persons as she thinks fit, in accordance with section 96(9) of the 2005 Act.
In accordance with section 98(4) of the 2005 Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Accordingly, the Secretary of State makes the following Regulations:
1. These Regulations—
(a)may be cited as the Environmental Offences (Use of Fixed Penalty Receipts) Regulations 2006;
(b)come into force on the day after the day on which they are made;
(c)apply in England only.
2.—(1) Where, and for as long as, an authority in relation to which section 96 of the Clean Neighbourhoods and Environment Act 2005 applies is categorised as “excellent” or “good” in a categorisation Order, any functions of that authority (in addition to those already specified in that section) are hereby specified as “qualifying functions” of the authority for the purposes of which it may use its fixed penalty receipts.
(2) In this regulation and in regulation 3 a “categorisation Order” means an Order as may from time to time be made by the Secretary of State under section 99(4) of the Local Government Act 2003.
3. In the event that any authority in relation to which section 96 of the Clean Neighbourhoods and Environment Act 2005 applies is no longer categorised as “excellent” or “good” in a categorisation Order, regulation 2(1) will continue to apply for a period of one year from the date on which that cessation comes into effect as though that authority were still categorised as “excellent” or “good”.
4.—(1) A parish council may use any amounts it receives in pursuance of notices under—
(a)section 88 (fixed penalty notices for leaving litter) of the Environmental Protection Act 1990(3);
(b)section 43(1) (penalty notices for graffiti and fly-posting) of the Anti-social Behaviour Act 2003(4);
(c)section 59 (fixed penalty notices for offences under dog control orders) of the Clean Neighbourhoods and Environment Act 2005,
only for the purposes of its qualifying functions.
(2) The following are qualifying functions for the purposes of this regulation—
(a)functions under section 88 of the Environmental Protection Act 1990;
(b)functions under section 43 of the Anti-social Behaviour Act 2003;
(c)functions under Chapter 1 of Part 6 of the Clean Neighbourhoods and Environment Act 2005;
(d)where, and for as long as, any parish council is approved as a Quality parish council, any other of its functions.
(3) A parish council must supply the Secretary of State with such information in relation to its amounts received as specified in paragraph (1) as she may require.
(4) In this regulation and in regulation 5, a “Quality parish council” is one that is approved as such by the Secretary of State.
(5) The Secretary of State shall publish, in such manner, and at such intervals, as she shall determine, a list of the parish councils approved by her as Quality parish councils.
5. In the event that any parish council which is approved as a Quality parish council ceases to be so approved, the other functions referred to in regulation 4(2)(d) will continue to be qualifying functions of that parish council for a period of one year from the date on which that cessation comes into effect as though that parish council were still approved as a Quality parish council.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
5th April 2006
(This note is not part of the Regulations)
These Regulations, which apply in England, come into force on 6th April 2006.
The Regulations provide that any fixed penalty receipts paid to—
(a)an authority (other than a parish council) in pursuance of notices issued under certain provisions relating to litter in the Environmental Protection Act 1990 (c. 43);
(b)an authority (other than a parish council) in pursuance of notices issued under section 43(1) (relating to graffiti and fly-posting) of the Anti-social Behaviour Act 2003 (c. 38); and
(c)a primary authority in pursuance of notices issued under section 59 (relating to dog control orders) of the Clean Neighbourhoods and Environment Act 2005 (“the 2005 Act”),
(all of which are authorities to which section 96 of the 2005 Act applies) may, for as long as such an authority is categorised as either “excellent” or “good” in a categorisation Order made by the Secretary of State under section 99(4) of the Local Government Act 2003, be used for any functions of that authority; all such functions of an authority so categorised are accordingly specified as “qualifying functions” of that authority, in addition to the qualifying functions already specified in section 96(4)(a)-(c) of the 2005 Act (regulation 2).
In the event that such an authority ceases to be categorised as “excellent” or “good” in a categorisation Order, the Regulations provide that it may continue to use its fixed penalty receipts for any of its functions for one year (at the end of which, if it is still not categorised as either “excellent” or “good”, it may thereafter only use such receipts for the qualifying functions specified in section 96(a)-(c) of the 2005 Act) (regulation 3).
The Regulations also provide that a parish council may use any amounts it receives in pursuance of notices issued under—
(d)section 88 of the Environmental Protection Act 1990 (relating to litter);
(e)section 43(1) of the Anti-social Behaviour Act 2003 (relating to graffiti and fly-posting); and
(f)section 59 of the 2005 Act (relating to dog control orders),
for its functions under those sections and, in relation to dog control orders, to its functions under the rest of Part 1 of Chapter 6 of the 2005 Act (regulation4(1) and (2)(a)-(c)). A parish council that is approved as a Quality parish council may, in addition, use such amounts it receives for the purpose of any other of its functions (regulation 4(1) and (2)(d)). A Quality parish council is one that is approved as such by the Secretary of State (regulation 4(4)). In the event that such a parish council ceases to be approved as a Quality parish council, the Regulations provide that it may continue to use its fixed penalty receipts for any of its functions for one year (at the end of which, if it has not regained its approval, it may thereafter only use such receipts for the functions specified in regulation 4(2)(a)-(c)) (regulation 5).
The Regulations require that a parish council must supply the Secretary of State with such information as she may require (regulation 4(3)).
A full regulatory impact assessment of the effect of the then Clean Neighbourhoods and Environment Bill was prepared, and was deposited in the libraries of both Houses of Parliament; copies of it are available from the Department for Environment, Food and Rural Affairs, Ashdown House, 123 Victoria Street, London SW1E 6DE. A separate regulatory impact assessment has not been produced for these Regulations as they have no impact on the costs of business.
2003 c. 26. It is provided by section 96(10) of the Clean Neighbourhoods and Environment Act 2005 that the powers to make regulations conferred by section 96 of that Act are, for the purposes of section 100(1) of the Local Government Act 2003, to be regarded as included among the powers mentioned in section 100(2) of the 2003 Act.
1990 c. 43; section 88(9)(f), as amended by section 19(1) and (4) of the Clean Neighbourhoods and Environment Act 2005 (c. 16), includes parish councils in the list of authorities defined as “litter authorities”, the authorised officers of which are empowered to issue fixed penalty notices under that section.
2003 c. 38; by virtue of qualifying as a litter authority for the purposes of section 88 of the Environmental Protection Act 1990, a parish council is also a local authority the authorised officers of which are empowered to issue fixed penalty notices under section 43 of the Anti-social Behaviour Act 2003; see section 47(1) of the 2003 Act.