Climate Change (Scotland) Act 2009, Section 88A is up to date with all changes known to be in force on or before 07 June 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)A person authorised for the purpose of this section by an enforcement authority may give a person a fixed penalty notice if the person so authorised has reason to believe that the person to whom the notice is given has committed a relevant offence.
(2)In subsection (1), “relevant offence” means an offence provided for in regulations made under section [F387A or] 88.
(3)The Scottish Ministers may by regulations make further provision about fixed penalty notices under subsection (1).
(4)Subject to section 89, the regulations may in particular include provision about—
(a)the enforcement authority in relation to the regulations; and
(b)the functions of that authority in relation to fixed penalty notices.
(5)Schedule 1A makes further provision about fixed penalties.]
Textual Amendments
F1S. 88A and cross-heading inserted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 43(2), 61(2); S.S.I. 2014/160, art. 2(1)(2), Sch.
F2S. 88A heading substituted (1.4.2025) by Circular Economy (Scotland) Act 2024 (asp 13), ss. 10(7)(b), 27(2); S.S.I. 2025/10, reg. 3(a)
F3Words in s. 88A(2) inserted (1.4.2025) by Circular Economy (Scotland) Act 2024 (asp 13), ss. 10(7)(a), 27(2); S.S.I. 2025/10, reg. 3(a)
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