The Environmental Offences (Use of Fixed Penalty Receipts) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in England, revoke and supersede the Environmental Offences (Use of Fixed Penalty Receipts) Regulations 2006, adding categories “4 stars”, “3 stars” and “2 stars” to the categories “excellent” or “good” (regulations 2 and 3).

They provide that, if an authority in relation to which section 96 of the Clean Neighbourhoods and Environment Act 2005 applies is categorised as “excellent”, “good”, “4 stars”, “3 stars” or “2 stars” in a categorisation Order, any functions of that authority (in addition to those already specified in that section) are “qualifying functions” of the authority for the purposes of which it may use its fixed penalty receipts (regulation 2). There are transitional provisions if an authority ceases to be so categorised (regulation 3).

The Regulations also provide, at regulation 4, that a parish council may use any amounts it receives in pursuance of notices issued under—

(a) section 88 of the Environmental Protection Act 1990 (relating to litter);

(b) section 43(1) of the Anti-social Behaviour Act 2003 (relating to graffiti and fly-posting); and

(c) 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. 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. A Quality parish council is one that is approved as such by the Secretary of State.

If such a parish council ceases to be approved as a Quality parish council, the Regulations make transitional provisions (regulation 5).

A full regulatory impact assessment of the effect of the 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 full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.