The Litter (Fixed Penalty) (Scotland) Order 2003

Scottish Statutory Instruments

2003 No. 268

ENVIRONMENTAL PROTECTION

The Litter (Fixed Penalty) (Scotland) Order 2003

Made

3rd June 2003

Laid before the Scottish Parliament

5th June 2003

Coming into force

1st July 2003

The Scottish Ministers, in exercise of the powers conferred by section 88(7) of the Environmental Protection Act 1990(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and extent

1.—(1) This Order may be cited as the Litter (Fixed Penalty) (Scotland) Order 2003 and shall come into force on 1st July 2003.

(2) This Order extends to Scotland only.

Amount of fixed penalty

2.  For the amount of £25 specified as the amount of the fixed penalty in section 88(6) of the Environmental Protection Act 1990(2) there shall be substituted the amount of £50.

Revocation

3.  The Litter (Fixed Penalty) Order 1996(3) is revoked.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

3rd June 2003

Explanatory Note

(This note is not part of the Order)

Section 88 of the Environmental Protection Act 1990 provides for the payment of a fixed penalty to discharge any liability to conviction for the offence of leaving litter under section 87 of that Act.

This Order increases the fixed penalty from £25 to £50.

This Order revokes the Litter (Fixed Penalty) Order 1996, which had increased the fixed penalty from £10 to £25.

(1)

1990 c. 43; the functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

The amount of the fixed penalty specified in section 88(6) was increased from £10 to £25 by S.I. 1996/3055.

(3)

S.I. 1996/3055.