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The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2006

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Use of fixed penalty receipts: specification of functions

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4.—(1) Where, and for as long as, any authority of a type described in paragraph (2) is categorised as “excellent” or “good” in a categorisation Order, any functions of that authority (in addition to those already specified in the section referred to in the relevant description) are hereby specified as functions or, in the case of an authority of a type described in paragraph (2)(d) or (f), as “qualifying functions”, of the authority for the purposes of which it may use its fixed penalty receipts.

(2) The types of authority are—

(a)a local authority to which section 2C of the Refuse Disposal (Amenity) Act 1978 applies;

(b)a waste collection authority to which section 5C of the Control of Pollution (Amendment) Act 1989 applies;

(c)a waste collection authority to which section 73A of the Environmental Protection Act 1990 applies;

(d)a local authority to which section 9(4), as read with section 9(4A), of the Noise Act 1996(1) applies;

(e)a local authority to which section 8 of the Clean Neighbourhoods and Environment Act 2005(2) applies;

(f)a local authority to which section 75 of the Clean Neighbourhoods and Environment Act 2005 applies.

(3) In this regulation and in regulation 5 a “categorisation Order” means an Order made by the Secretary of State under section 99(4) of the Local Government Act 2003(3).

(1)

1996 c. 37; section 9(4) was substituted by, and section 9(4A) was inserted by, section 42(5) of the Anti-social Behaviour Act 2003 (c. 38).

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