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The Litter and Dog Fouling (Fixed Penalty) (Wales) Order 2004

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Welsh Statutory Instruments

2004 No. 909 (W.92)

ENVIRONMENTAL PROTECTION, WALES

The Litter and Dog Fouling (Fixed Penalty) (Wales) Order 2004

Made

24th March 2004

Coming into force

1st April 2004

The National Assembly for Wales, in exercise of the powers conferred upon the Secretary of State by section 88(7) of the Environmental Protection Act 1990(1), and by that provision as applied by section 4(2) of the Dogs (Fouling of Land) Act 1996(2), which powers are now exercisable by the National Assembly in relation to Wales(3), hereby makes the following Order:

Citation, commencement, extent and application

1.—(1) This Order may be cited as the Litter and Dog Fouling (Fixed Penalty) (Wales) Order 2004 and comes into force on 1st April 2004.

(2) This Order extends to England and Wales only and applies only in relation to Wales.

Amount of fixed penalty

2.  In section 88(6) of the Environmental Protection Act 1990 (which specifies the fixed penalty for leaving litter and which is additionally applied by section 4(2) of the Dogs (Fouling of Land) Act 1996)—

(a)after the amount specified for England there is inserted “or, in Wales, £75”, and

(b)any surviving reference to £25 is hereby repealed.

Revocation

3.—(1) The Litter (Fixed Penalty) Order 1996(4) is revoked in relation to Wales.

(2) Article 3 of the Dog Fouling (Fixed Penalties) Order 1996(5) (amount of fixed penalty) is revoked in relation to Wales.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(6)

John Marek

The Deputy Presiding Officer of the National Assembly

24th March 2004

Explanatory Note

(This note is not part of the Order)

Section 88 of the Environmental Protection Act 1990 provides for the payment of a fixed penalty to discharge any liability to conviction for the offence of leaving litter under section 87 of that Act.

Section 4 of the Dogs (Fouling of Land) Act 1996 provides for the payment of a fixed penalty to discharge any liability to conviction for the offence of failing to remove dog faeces under section 3 of that Act, and applies the provisions of section 88 (2)–(8) of the Environmental Protection Act.

This Order, which applies to Wales only, increases the fixed penalty for both the litter and dog fouling offences from £25 to £75.

(3)

The powers of the Secretary of State, insofar as exercisable in relation to Wales, have been transferred to the National Assembly for Wales: see Article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672.

(4)

S.I. 1996/3055.

(5)

S.I. 1996/2763.

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