Circular Economy (Scotland) Act 2024

Circular Economy (Scotland) Act 2024

2024 asp 13

Commentary on Provisions

Fly-tipping offences and removal of waste

Section 11: Fixed penalty notices for fly-tipping offences

36. Under section 33(1) of the Environmental Protection Act 1990 (“the 1990 Act”) fly-tipping is a criminal offence. As an alternative to prosecution a person can be issued a fixed penalty notice under section 33A(1) of the 1990 Act, which offers the possibility of discharging any liability to criminal conviction for fly-tipping by payment of a fixed penalty (currently £500).

37. Section 11 of the Act modifies section 33A of the 1990 Act to increase the maximum amount at which the fixed penalty for a fly-tipping offence can be set in regulations by the Scottish Ministers from level 2 to level 3 on the standard scale, thereby increasing the maximum fixed penalty amount that may be set by way of secondary legislation from £500 presently to £1000 (see section 225 of the Criminal Procedure (Scotland) Act 1995).

38. Additionally, section 33A is amended to give Ministers the ability to provide for different penalty amounts in different cases: for example, a higher penalty amount could be provided for where a previous fixed penalty notice has been issued to the same person; but the maximum amount may not exceed level 3 on the standard scale (currently £1,000 – see section 225 of the Criminal Procedure (Scotland) Act 1995).