- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Scottish Statutory Instruments
Environmental Protection
Made
19th November 2014
Laid before the Scottish Parliament
21st November 2014
Coming into force
1st April 2015
The Scottish Ministers make the following Order in exercise of the power conferred by section 33A(8) of the Environmental Protection Act 1990(1) and all other powers enabling them to do so.
1. This Order may be cited as the Controlled Waste (Fixed Penalty Notices) (Scotland) Order 2014 and comes into force on 1st April 2015.
2. The form of notices under section 33A(8) of the Environmental Protection Act 1990 (fixed penalty notices for contraventions of section 33(1)(a) and (c))(2) is prescribed in the Schedule.
3. The Controlled Waste (Fixed Penalty Notices) (Scotland) Order 2004(3) is revoked.
RICHARD LOCHHEAD
A member of the Scottish Government
St Andrew’s House,
Edinburgh
19th November 2014
Article 2
(This note is not part of the Order)
This Order prescribes the form of notices under section 33A of the Environmental Protection Act 1990. A notice under section 33A may be given by an authorised person or a constable to a person who the authorised person or constable has reason to believe has committed an offence under section 33(1)(a) or (c) of that Act (offences related to the deposit, keeping or managing of controlled waste). 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.
The Order revokes and replaces the Controlled Waste (Fixed Penalty Notices) (Scotland) Order 2004. It reflects amendments made by the Regulatory Reform (Scotland) Act 2014 to the effect that notices can be issued by “authorised persons”, being authorised officers of a local authority, authorised officers of Loch Lomand and The Trossachs National Park Authority, or such other persons as may be specified by order made by the Scottish Ministers.
1990 c.43; section 33A was added by section 55 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), and amended by paragraph 11 of schedule 3 to the Regulatory Reform (Scotland) Act 2014 (asp 3) and S.S.I. 2013/315.
Section 33(1) was amended by S.S.I. 2009/247 and S.S.I. 2011/226.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: