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The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018

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Penalty amount and payment

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6.—(1) The amount of a fixed penalty is the amount specified by the litter authority under section 88(6A)(a) of the EPA 1990 (which relates to fixed penalty notices for leaving litter)(1).

(2) But if no amount is specified by the litter authority under that provision, the amount of the fixed penalty is £100.

(3) If a fixed penalty is not paid in full within the fixed penalty payment period, the amount of the fixed penalty increases by 100% with effect from the day after the last day of the fixed penalty payment period.

(4) The fixed penalty payment period is (except in the circumstances described in paragraph (5))—

(a)in a case where the person does not make any representations under regulation 14, the period of 28 days beginning with the day on which the penalty notice is given, or

(b)in a case where the person makes representations and the litter authority gives a notice of rejection (see regulation 15(3) to (5)) to the person, the period of 28 days beginning with the day on which the litter authority gives the notice of rejection.

(5) Where the person makes an appeal to an adjudicator under regulation 16, the fixed penalty payment period is—

(a)the period of 28 days beginning with the day on which that appeal is dismissed or withdrawn, or

(b)if a recommendation is made that the penalty notice is cancelled and the litter authority refuses to accept the recommendation (see regulations 16(7) and 17(3)), the period of 28 days beginning with the day on which the person is informed of the refusal under regulation 17(3).

(6) An authority may make provision for treating the amount in paragraph (1) or (2) as having been paid in full if a lesser amount is paid within the following period.

(7) The period is the period of 14 days beginning with the day on which the penalty notice is given.

(8) The lesser amount must not be less than £50.

(9) A fixed penalty is taken to be paid when it is received by the litter authority.

(1)

Section 88(6A) was inserted by section 19(2) of the Clean Neighbourhoods and Environment Act 2005 (c.16).

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