C1 PART II WASTE ON LAND
Motor vehicles
F1Use of fixed penalties under Article 29A29C
1
This Article applies in relation to amounts paid to a district council in pursuance of notices under Article 29A (its “fixed penalty receipts”).
2
A district council may use its fixed penalty receipts only for the purposes of—
a
its functions under this Part;
b
its functions under Part 8 of the Road Traffic Regulation (Northern Ireland) Order 1997;
c
its functions relating to the enforcement of sections 2 and 3 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011; and
d
such other of its functions as may be specified in regulations made by the Department.
3
Regulations made under paragraph (2)(d) may in particular have the effect that a district council may use its fixed penalty receipts for the purposes of any of its functions.
4
A district council shall supply the Department with such information relating to its use of its fixed penalty receipts as the Department may require.
5
The Department may by regulations—
a
make provision for what a district council is to do with its fixed penalty receipts—
i
pending their being used for the purposes of functions of the council referred to in paragraph (2);
ii
if they are not so used before such time after their receipt as may be specified by the regulations;
b
make provision for accounting arrangements in respect of a district council's fixed penalty receipts.
6
The provision that may be made under paragraph (5)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the Department) other than the district council.
7
Before making regulations under this Article, the Department shall consult—
a
district councils;
b
such other persons as the Department thinks fit.
Pt. II (arts. 3-36) modified by S.R. 2003/493, Sch. 3 Pt. I para. 10 (as substituted (8.4.2011) by Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1, 40 (with reg. 9(2)))