The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Wales) Regulations 2008

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(1);

(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 and Environment 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, that 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, that 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(2) 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, that 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(3);

(b) an enforcement authority acting under section 34A(11) of the Environmental Protection Act 1990(4),

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, that lesser amount must not be less than £180.

(1)

Section 88(7) was inserted by section 19(2) of the Clean Neighbourhoods and Environment Act 2005.

(2)

1978 c. 3; section 2A was inserted by section 10 of the Clean Neighbourhoods and Environment Act 2005.

(3)

1989 c. 14; section 5B was inserted by section 38 of the Clean Neighbourhoods and Environment Act 2005.

(4)

Section 34A was inserted by section 45 of the Clean Neighbourhoods and Environment Act 2005.