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

Statutory Instruments

2007 No. 175

ENVIRONMENTAL PROTECTION, ENGLAND

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

Made

28th January 2007

Laid before Parliament

1st February 2007

Coming into force

6th April 2007

The Secretary of State is, in relation to England, the appropriate person as defined—

(a) in section 11(1) of the Refuse Disposal (Amenity) Act 1978(1), for the purpose of exercising the powers conferred by sections 2A(11) and 2C(2)(d) and (3) of that Act;

(b) in section 9(1) of the Control of Pollution (Amendment) Act 1989(2), for the purpose of exercising the powers conferred by sections 5B(12) and 5C(3)(b) and (4) of that Act;

(c) in section 29(1A)(a) of the Environmental Protection Act 1990(3), for the purpose of exercising the powers conferred by sections 34A(12), 47ZB(4) and (5) and 73A(2)(b) and (3) of that Act;

(d) in section 98(1A)(a) of the Environmental Protection Act 1990(4), for the purpose of exercising the powers conferred by sections 88(11) and 97A(1), (2) and (4) of that Act;

(e) in section 11(2A)(a) of the Noise Act 1996(5), for the purpose of exercising the powers conferred by sections 8A(4) and (5) and 9(4A)(b) and (4B) of that Act;

(f) in section 47(1) of the Anti-social Behaviour Act 2003(6), for the purpose of exercising the powers conferred by sections 43A(4) and (5) and 47(4) of that Act;

(g) in section 9(2) of the Clean Neighbourhoods and Environment Act 2005(7), for the purpose of exercising the powers conferred by sections 6(11) and 8(2)(d) and (3) of that Act;

(h) in section 66(a) of the Clean Neighbourhoods and Environment Act 2005, for the purpose of exercising the powers conferred by sections 59(12) and 60(4) and (5) of that Act; and

(i) in section 81(1) of the Clean Neighbourhoods and Environment Act 2005, for the purpose of exercising the powers conferred by sections 74(4) and (5) and 75(2)(d) and (3) of that Act.

Where applicable, the powers cited in sub-paragraphs (a), (b), (c), (e), (g) and (i) of the preceding paragraph are exercised in accordance with section 100(1) of the Local Government Act 2003(8).

In respect of regulations 4 and 5, in accordance with section 2C(7) of the Refuse Disposal (Amenity) Act 1978, section 5C(8) of the Control of Pollution (Amendment) Act 1989, section 73A(7) of the Environmental Protection Act 1990, section 9(4F) of the Noise Act 1996(9), and sections 8(7) and 75(7) of the Clean Neighbourhoods and Environment Act 2005 the Secretary of State has consulted those authorities(10) to which these Regulations apply and such other persons as he thought fit or, in the case of section 9(4F)(b) of the Noise Act 1996, considered appropriate.

The Secretary of State makes the following Regulations in exercise of the powers cited in sub-paragraphs (a) to (i) of the first paragraph:

(1)

1978 c.3; the definition of the “appropriate person” in section 11(1) was inserted by section 14(3) of the Clean Neighbourhoods and Environment Act 2005 (c.16), and sections 2A and 2C were inserted by section 10 of the 2005 Act.

(2)

1989 c.14; the definition of the “appropriate person” in section 9(1) was inserted by section 39(2) of the Clean Neighbourhoods and Environment Act 2005, and sections 5B and 5C were inserted by section 38 of the 2005 Act.

(3)

1990 c.43; section 29(1A) was inserted by section 51 of the Clean Neighbourhoods and Environment Act 2005, section 34A was inserted by section 45 of the 2005 Act, section 47ZB was inserted by section 48 of the 2005 Act, and section 73A was inserted by section 52 of the 2005 Act.

(4)

Section 98(1A) was inserted by section 26 of the Clean Neighbourhoods and Environment Act 2005, section 88(11) was inserted by section 19(6) of the 2005 Act, and section 97A was inserted by section 24 of the 2005 Act.

(5)

1996 c.37; section 11(2A) was inserted by section 85(2) of the Clean Neighbourhoods and Environment Act 2005, and section 8A was inserted by section 82(2) of the 2005 Act; section 9(4A) and (4B) was inserted by section 42(5) of the Anti-social Behaviour Act 2003 (c.38), and section 9(4A) was subsequently amended by section 84 of, and Schedule 1 (paragraph 12(4)) to, the 2005 Act.

(6)

2003 c.38; section 43A was inserted by section 28(2) of the Clean Neighbourhoods and Environment Act 2005, and section 47(4) was inserted by section 30(2) of the 2005 Act.

(7)

2005 c.16.

(8)

2003 c.26. It is provided that the powers to make regulations conferred by the following sections are, for the purposes of section 100(1) of the Local Government Act 2003, to be regarded as included among the powers mentioned in section 100(2) of that Act: section 2C of the Refuse Disposal (Amenity) Act 1978 (c.3) (by section 2C(8)); section 5C of the Control of Pollution (Amendment) Act 1989 (c.14) (by section 5C(9)); section 73A of the Environmental Protection Act 1990 (c.43) (by section 73A(9)); section 9 of the Noise Act 1996 (c.37) (by section 9(4G), inserted by section 83(3) of the Clean Neighbourhoods and Environment Act 2005 (c.16)); and section 8 (by section 8(8)) and section 75 (by section 75(8)) of the Clean Neighbourhoods and Environment Act 2005.

(9)

Section 9(4F) of the Noise Act 1996 was inserted by section 42(5) of the Anti-social Behaviour Act 2003 (c.38), and was subsequently amended by section 84 of, and Schedule 1 (paragraph 12(6)) to, the Clean Neighbourhoods and Environment Act 2005.

(10)

In section 73A(7)(a) of the Environmental Protection Act 1990 the requirement is to consult the “waste collection authorities”, and in section 9(4F)(a) of the Noise Act 1996 and section 75(7)(a) of the Clean Neighbourhoods and Environment Act 2005 the requirement is to consult the “local authorities”.