The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Wales) Regulations 2007

Title commencement and application

1.—(1) The title of these Regulations is the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Wales) Regulations 2007.

(2) These Regulations come into force on 15 March 2007.

(3) These Regulations apply in relation to Wales.

Prescribed ranges of fixed penalties

2.—(1) The amount of a fixed penalty capable of being specified by—

(a) a principal litter authority in Wales under section 88(6A)(a) of the Environmental Protection Act 1990(1);

(b) a principal litter authority in Wales under paragraph 7(4)(a) of Schedule 3A to the Environmental Protection Act 1990(2);

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

(d) a primary authority or a secondary authority in Wales under section 60(1)(a) of the Clean Neighbourhoods and Environment Act 2005 in relation to any dog control order made by that authority;

(e) a local authority in Wales under section 74(2)(a) of the Clean Neighbourhoods and Environment act 2005,

must not be less than £75 and not more than £150.

(2) The amount of a fixed penalty capable of being specified by—

(a) a waste collection authority in Wales under section 47ZB(2)(a) of the Environmental Protection Act 1990;

(b) a principal litter authority in Wales under section 94A(4)(a) of the Environmental Protection Act 1990(3);

(c) a local authority in Wales under section 8A(2)(a) of the Noise Act 1996;

must not be less than £100 and not more than £150.

(3) An authority acting under more than one of the provisions cited in paragraph (1) or (2) may specify a different amount under each such provision.

Lesser amounts of fixed penalties

3.—(1) Where—

(a) a litter authority in Wales acting under section 88(7) of the Environmental Protection Act 1990(4);

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

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

(d) a primary authority or a secondary authority in Wales acting under section 60(3) of the Clean Neighbourhoods Act 2005;

(e) a local authority in Wales acting under section 74(3) of the Clean Neighbourhoods and Environment Act 2005,

makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount must not be less than £50.

(2) Where—

(a) a waste collection authority in Wales acting under section 47ZB(3) of the Environmental Protection act 1990;

(b) a principal litter authority in Wales acting under section 94A(5) of the Environmental Protection Act 1990;

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

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

makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount must not be less than £60.

(3) Where a local authority acting under section 2A(10) of the Refuse Disposal (Amenity) Act 1978(5) makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount must not be less than £120.

(4) Where—

(a) a regulation authority acting under section 5B(11) of the Control of Pollution (Amendment) Act 1989(6);

(b) an enforcement authority acting under section 34A(11) of the Environmental Protection Act 1990(7),

makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount must not be less than £180.

Condition to be satisfied by a person before a secondary authority may authorise that person for the purpose of giving fixed penalty notices

4.  The condition to be satisfied by a person before a secondary authority may authorise that person in writing for the purpose of giving notices under—

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

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

(c) section 59 of the Clean Neighbourhoods and Environment Act 2005,

is that the person must successfully complete a fixed penalty training course.

Use of fixed penalty receipts by community councils

5.—(1) A community council may use any amounts it receives in pursuance of notices under—

(a) section 88 (fixed penalty notices for leaving litter) of the Environmental Protection Act 1990(8);

(b) section 43(1) (penalty notices for graffiti and fly-posting) of the Anti-social Behaviour Act 2003(9);

(c) section 59 (fixed penalty notices for offences under dog control orders) of the Clean Neighbourhoods and Environment Act 2005,

only for the purposes of the functions specified in paragraph (2).

(2) The functions specified for the purposes of this regulation are the functions under—

(a) section 88 of the Environmental Protection act 1990;

(b) section 43 of the anti-social Behaviour Act 2003;

(c) Chapter 1 of Part 6 of the Clean Neighbourhoods and Environment Act 2005.

(3) A community council must supply to the National Assembly such information in relation to amounts it receives in connection with the provisions specified in paragraph (1) as the National Assembly may require.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(10)

D. Elis-Thomas

The Presiding Officer of the National Assembly

6 March 2007