The Controlled Waste (Fixed Penalty Notices) (Scotland) Order 2004

Made29th September 2004

Laid before the Scottish Parliament30th September 2004

Coming into force5th November 2004

The Scottish Ministers in exercise of the powers conferred by section 33A(8) of the Environmental Protection Act 1990 (“the 1990 Act”)1, and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement1.

This Order may be cited as the Controlled Waste (Fixed Penalty Notices) (Scotland) Order 2004 and shall come into force on 5th November 2004.

Form of notice2.

A notice offering the opportunity, by paying a fixed penalty, of discharging any liability to conviction for an offence committed under section 33(1)(a) or (c) of the 1990 Act shall be in the form prescribed in the Schedule to this Order.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

29th September 2004

SCHEDULECONTRAVENTION OF SECTION 33 OF THE ENVIRONMENTAL PROTECTION ACT 1990 (“THE 1990 ACT”)

NOTICE OF OPPORTUNITY TO PAY FIXED PENALTYThe 1990 Act, section 33A

(This note is not part of the Order)

This Order prescribes the form of notices under section 33A of the Environmental Protection Act 1990. Notices under section 33A may be given by an authorised officer of a local authority; a constable, or an authorised officer of a waste regulation authority (SEPA) to a person who that authorised officer has reason to believe has committed an offence under section 33(1)(a) or (c) of that Act. The effect of giving the notice is that no proceedings shall be instituted for the offence before the expiration of fourteen days following the date of the notice, and that a person who pays the fixed penalty within that period shall not be convicted of the offence.