33ZAFixed penalty notices for contravention of section 33(1)(a): England

1

Where an authorised officer of an English waste collection authority has reason to believe that a person has committed a waste deposit offence in the area of the authority, the officer may give the person a notice under this section in respect of the offence.

2

In subsection (1), “waste deposit offence” means an offence under section 33 in respect of a contravention of subsection (1)(a)4 of that section.

3

A notice under this section is a notice offering the opportunity of discharging any liability to conviction for the offence to which it relates by payment of a fixed penalty.

4

Where a person is given a notice under this section in respect of an offence—

a

no proceedings may be instituted for the offence before the end of the period of 14 days following the date of the notice; and

b

the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

5

A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence and must state—

a

the period during which, by virtue of subsection (4)(a), proceedings will not be taken for the offence;

b

the amount of the fixed penalty; and

c

the person to whom and the address at which the fixed penalty may be paid.

6

If an authorised officer proposes to give a person a notice under this section, the officer may require the person to give the person’s name and address.

7

It is an offence to—

a

fail to give a name or address when required to do so under subsection (6), or

b

give a false or inaccurate name or address in response to a requirement under that subsection.

8

A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

9

The fixed penalty payable in pursuance of a notice under this section—

a

is an amount not less than £150 and not more than £400, as specified by the English waste collection authority whose authorised officer gave the notice, or

b

if no amount is specified by that authority, is £200.

10

An English waste collection authority to whom a fixed penalty is payable pursuant to a notice under this section may make provision for treating the fixed penalty as having been paid if a lesser amount of not less than £120 is paid before the end of the period of 10 days following the date of the notice.

11

In any proceedings a certificate which—

a

purports to be signed by or on behalf of the chief finance officer of an English waste collection authority to whom a fixed penalty is payable pursuant to a notice under this section, and

b

states that the payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

12

In this section—

• “authorised officer”, in relation to an English waste collection authority, means—

  1. a

     an employee of the authority who is authorised in writing by the authority for the purposes of giving notices under this section;

  2. b

     a person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function;

  3. c

     an employee of such a person who is authorised in writing by the authority for the purpose of giving such notices;

• “chief finance officer”, in relation to an English waste collection authority, means the person having responsibility for the financial affairs of the authority;

• “English waste collection authority” means a waste collection authority whose area is in England.