Part 6

The environment

Controlled waste and litter

Litter: power of constables to issue fixed penalty notices
56
1
Section 88 of the 1990 Act (fixed penalty notices for litter) shall be amended as follows.
2
In subsection (1)—
a
the words “on any occasion” and “finds a person who he” shall be repealed;
b
for “has on that occasion” there shall be substituted “that a person has”;
c
the words from “an”, where it first occurs, to “authority”, where it secondly occurs, shall become paragraph (a) of that subsection; and
d
after “authority”, where it secondly occurs, there shall be inserted
; or
b
a constable has reason to believe that a person has committed an offence under that section,
.
3
After subsection (1) there shall be inserted—
1A
Where a constable gives a notice under this section to a person, he shall, no later than 24 hours after the giving of the notice, send a copy of it to the litter authority in whose area the offence was committed.
.
4
After subsection (5) there shall be inserted—
5A
A fixed penalty payable in pursuance of a notice under this section shall be payable to the litter authority in whose area the offence was committed.
.
5
In subsection (6)—
a
the words “to a litter authority” are repealed; and
b
for “the”, where it thirdly occurs, there shall be substituted “a litter”.
6
In subsection (7), after “amount”, where it first occurs, there shall be inserted “(not exceeding level 2 on the standard scale)”.
7
In subsection (8)(a)(ii), after “officer” there shall be inserted “for the litter authority in whose area the offence was committed”.