The Environmental Offences (Fixed Penalties) (England) Regulations 2017 No. 1050

Prospective

Statutory Instruments

2017 No. 1050

Environmental Protection, England

The Environmental Offences (Fixed Penalties) (England) Regulations 2017

Made

30th October 2017

Laid before Parliament

1st November 2017

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers—

(a)

in sections 2A(11) and 2C(2)(d) and (3) of the Refuse Disposal (Amenity) Act 1978 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 11(1) of that Act)(1),

(b)

in sections 5B(12) and 5C(3)(b) and (4) of the Control of Pollution (Amendment) Act 1989 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 9(1) of that Act)(2),

(c)

in sections 34A(12), 47ZB(4) and (5) and 73A(2)(b), (3) and (8) of the Environmental Protection Act 1990 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 29(1A)(a) of that Act)(3),

(d)

in sections 88(11) and 97A(1) to (3) of the Environmental Protection Act 1990 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 98(1A)(a) of that Act)(4),

(e)

in sections 8A(4) and (5) and 9(4A)(b) and (4B) of the Noise Act 1996 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 11(2A)(a) of that Act)(5),

(f)

in sections 43A(4) to (6) and 47(4) of the Anti-social Behaviour Act 2003 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 47(1) of that Act)(6),

(g)

in sections 6(11) and 8(2)(d) and (3) of the Clean Neighbourhoods and Environment Act 2005 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 9(2) of that Act)(7), and

(h)

in sections 74(4) and (5) and 75(2)(d) and (3) of the Clean Neighbourhoods and Environment Act 2005 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 81(1) of that Act).

Prospective

Citation, commencement and expiry E+W

1.—(1) These Regulations may be cited as the Environmental Offences (Fixed Penalties) (England) Regulations 2017.

(2) These Regulations (except regulation 5) come into force on 1st April 2018.

(3) Regulation 5 comes into force on 1st April 2019.

(4) Regulation 4 ceases to have effect at the end of 31st March 2019.

Commencement Information

I1 Reg. 1 in force at 1.4.2018, see reg. 1(2)

Penalty range: audible intruder alarms E+W

2.  The amount of a fixed penalty capable of being specified by a local authority under section 74(2)(a) of the Clean Neighbourhoods and Environment Act 2005 is not less than £50 and not more than £80.

Commencement Information

I2 Reg. 2 in force at 1.4.2018, see reg. 1(2)

Penalty range: commercial etc. waste receptacles and noise E+W

3.  The amount of a fixed penalty capable of being specified by any of the following under the corresponding section is not less than £75 and not more than £110—

(a) a waste collection authority under section 47ZB(2)(a) of the Environmental Protection Act 1990 in respect of an offence under section 47 of that Act;

(b) a local authority under section 8A(2)(a) of the Noise Act 1996.

Commencement Information

I3 Reg. 3 in force at 1.4.2018, see reg. 1(2)

Penalty range: litter, distribution of printed matter, and graffiti and fly-posting: 1st April 2018 to 31st March 2019 E+W

4.  The amount of a fixed penalty capable of being specified by any of the following under the corresponding section is not less than £50 and not more than £150—

(a) a principal litter authority under section 88(6A)(a) of the Environmental Protection Act 1990(8);

(b) a principal litter authority under paragraph 7(4)(a) of Schedule 3A to the Environmental Protection Act 1990(9);

(c) a relevant local authority under section 43A(1)(a) of the Anti-social Behaviour Act 2003.

Commencement Information

I4 Reg. 4 in force at 1.4.2018, see reg. 1(2)

Penalty range: litter, distribution of printed matter, and graffiti and fly-posting: 1st April 2019 onwards E+W

5.  The amount of a fixed penalty capable of being specified by any of the following under the corresponding section is not less than £65 and not more than £150—

(a) a principal litter authority under section 88(6A)(a) of the Environmental Protection Act 1990;

(b) a principal litter authority under paragraph 7(4)(a) of Schedule 3A to the Environmental Protection Act 1990;

(c) a relevant local authority under section 43A(1)(a) of the Anti-social Behaviour Act 2003.

Commencement Information

I5 Reg. 5 in force at 1.4.2019, see reg. 1(3)

Default penalty: litter and distribution of printed matter E+W

6.—(1) For subsection (6A)(b) of section 88 (fixed penalty notices for leaving litter) of the Environmental Protection Act 1990 substitute—

“(b) if no amount is so specified, is—

(i) in England, £100, or

(ii) in Wales, £75.”.

(2) For paragraph 7(4)(b) of Schedule 3A (free distribution of printed matter on designated land) of that Act substitute—

“(b) if no amount is so specified, is—

(i) in England, £100, or

(ii) in Wales, £75.”.

Commencement Information

I6 Reg. 6 in force at 1.4.2018, see reg. 1(2)

Default penalty: graffiti and fly-posting E+W

7.  For subsection (1)(b) of section 43A (amount of penalty for graffiti and fly-posting)(10) of the Anti-social Behaviour Act 2003 substitute—

“(b) if no amount is so specified, is—

(i) in England, £100, or

(ii) in Wales, £75.”.

Commencement Information

I7 Reg. 7 in force at 1.4.2018, see reg. 1(2)

Lesser penalty: litter, distribution of printed matter, graffiti and fly-posting, and audible intruder alarms E+W

8.  Where any of the following makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than £50—

(a) a litter authority acting under section 88(7) of the Environmental Protection Act 1990(11);

(b) a principal litter authority acting under paragraph 7(5) of Schedule 3A to the Environmental Protection Act 1990;

(c) a relevant local authority acting under section 43A(3) of the Anti-social Behaviour Act 2003;

(d) a local authority acting under section 74(3) of the Clean Neighbourhoods and Environment Act 2005.

Commencement Information

I8 Reg. 8 in force at 1.4.2018, see reg. 1(2)

Lesser penalty: commercial etc. waste receptacles, noise, and exposing for sale etc. vehicles on roads E+W

9.  Where any of the following makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than £60—

(a) a waste collection authority acting under section 47ZB(3) of the Environmental Protection Act 1990 in respect of an offence under section 47 of that Act;

(b) a local authority acting under section 8A(3) of the Noise Act 1996;

(c) a local authority acting under section 6(10) of the Clean Neighbourhoods and Environment Act 2005.

Commencement Information

I9 Reg. 9 in force at 1.4.2018, see reg. 1(2)

Lesser penalty: abandoning vehicles E+W

10.  Where a local authority acting under section 2A(10) of the Refuse Disposal (Amenity) Act 1978 makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than £120.

Commencement Information

I10 Reg. 10 in force at 1.4.2018, see reg. 1(2)

Lesser penalty: transporting controlled waste and duty of care for waste E+W

11.  Where any of the following makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than £180—

(a) a regulation authority acting under section 5B(11) of the Control of Pollution (Amendment) Act 1989;

(b) an enforcement authority acting under section 34A(11) of the Environmental Protection Act 1990.

Commencement Information

I11 Reg. 11 in force at 1.4.2018, see reg. 1(2)

Authorising notice-giving: condition: parish or community councils E+W

12.  Before a parish or community council may authorise a person to give notices under any of the following sections the person must successfully complete a course of training suitable for equipping the person to give notices under those sections—

(a) section 88(1) of the Environmental Protection Act 1990;

(b) section 43(1) of the Anti-social Behaviour Act 2003.

Commencement Information

I12 Reg. 12 in force at 1.4.2018, see reg. 1(2)

Revocations E+W

13.—(1) The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007(12) are revoked except for—

(a) regulation 1 (title, application and commencement);

(b) regulation 2(2)(b) (which specifies the range for fixed penalties for offences in respect of litter clearing and street litter control notices);

(c) regulation 3(2)(b) (which specifies the lesser amount for fixed penalties for offences in respect of litter clearing and street litter control notices).

(2) The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Amendment) Regulations 2012(13) are revoked.

Commencement Information

I13 Reg. 13 in force at 1.4.2018, see reg. 1(2)

Thérèse Coffey

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

30th October 2017

Prospective

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations supplement provisions in Acts for fixed penalties payable in respect of offences relating to the environment. They replace the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007 (“the EOR 2007”) (except for regulation 2(2)(b) and 3(2)(b) of the EOR 2007).

The Regulations prescribe the ranges within which the amounts of certain fixed penalties that are capable of being specified by a local authority are required to fall (regulations 2 to 5). The ranges for littering, free distribution of printed matter on designated land and graffiti and fly-posting (see regulations 4 and 5) are different to those under the EOR 2007. For the period beginning with 1st April 2018 and ending with 31st March 2019, the range is not less than £50 and not more than £150 (regulation 4). From 1st April 2019, the range is not less than £65 and not more than £150 (regulation 5).

Regulations 6 and 7 amend the Environmental Protection Act 1990 and the Anti-social Behaviour Act 2003 in relation to England to increase the amount of the penalties for littering, free distribution of printed matter on designated land and graffiti and fly-posting where a local authority does not specify an amount. The penalty for each is increased from £75 to £100.

The Regulations also state a minimum lesser amount which an authority may treat as payment of the full amount if paid before the end of a period specified by the authority in relation to certain fixed penalties (regulations 8 to 11).

The Regulations provide that before a person may be authorised by a parish or community council to give notices of certain fixed penalties, the person must successfully complete a course of training on the giving of those notices (regulation 12).

Regulation 13 partially revokes the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007. Regulation 13 also revokes the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Amendment) Regulations 2012.

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

(1)

1978 c.3. Sections 2A and 2C were inserted by section 10 of the Clean Neighbourhoods and Environment Act 2005 (c.16) (“the CNEA 2005”). The definition of “appropriate person” was inserted by section 14(3) of that Act.

(2)

1989 c.14. Sections 5B and 5C were inserted by section 38 of the CNEA 2005. The definition of “appropriate person” was inserted by section 39(2) of that Act.

(3)

1990 c.43. Sections 34A, 47ZB and 73A were inserted by sections 45, 48 and 52 of the CNEA 2005 respectively. Section 73A(2) was amended by S.I. 2016/334. The definition of “appropriate person” was inserted by section 51 of that Act.

(4)

Sections 88(11) and 97A were inserted by sections 19(6) and 24 of the CNEA 2005 respectively. The definition of “appropriate person” was inserted by section 26 of that Act.

(5)

1996 c.37. Section 8A was inserted by section 82(2) of the CNEA 2005, and amended by paragraph 11 of Schedule 1 to the CNEA 2005. Section 9(4A) and (4B) was substituted by section 42(5) of the Anti-social Behaviour Act 2003 (c.38) and was amended by section 83(2) of the CNEA 2005. Section 9(4A)(b) was amended by paragraph 12(4) of Schedule 1 to the CNEA 2005. The definition of “appropriate person” in section 11(2A)(a) was inserted by section 85(2) of the CNEA 2005.

(6)

2003 c.38. Sections 43A and 47(4) were inserted by sections 28(2) and 30(2) of the CNEA 2005.

(7)

2005 c.16.

(8)

Section 88(6A) was substituted by section 19(2) of the CNEA 2005.

(9)

Schedule 3A was inserted by section 23(2) of the CNEA 2005.

(10)

Section 43A was inserted by section 28(2) of the CNEA 2005.

(11)

Section 88(7) was substituted by section 19(2) of the CNEA 2005.

(12)

S.I. 2007/175, as amended by S.I. 2012/1151. Regulations 2(1)(d) and 3(1)(d) of S.I. 2007/175 were impliedly revoked by the repeal of section 60 of the CNEA 2005 by section 181(1) of, and paragraph 42 of Schedule 11 to, the Anti-social Behaviour, Crime and Policing Act 2014. Regulations 2(2A) and 3(2A) of S.I. 2007/175 were impliedly revoked by the amendment to section 46(6) of the Environmental Protection Act 1990 by section 58(2) of the Deregulation Act 2015 (c.20).

(13)

S.I. 2012/1151.