Control of dumping

F12CUse of fixed penalties under section 2A

(1)

This section applies in relation to amounts paid to a local authority in pursuance of notices under section 2A above (its “ fixed penalty receipts ”).

(2)

A local authority may use its fixed penalty receipts only for the purposes of—

(a)

its functions under this Act;

(b)

its functions under sections 99 to 102 of the Road Traffic Regulation Act 1984;

(c)

its functions relating to the enforcement of sections 3 and 4 of the Clean Neighbourhoods and Environment Act 2005; and

(d)

such other of its functions as may be specified in regulations made by the appropriate person.

(3)

Regulations under subsection (2)(d) above may in particular have the effect that a local authority may use its fixed penalty receipts for the purposes of any of its functions.

(4)

A local authority must supply the appropriate person with such information relating to its use of its fixed penalty receipts as the appropriate person may require.

(5)

The appropriate person may by regulations—

(a)

make provision for what a local authority is to do with its fixed penalty receipts—

(i)

pending their being used for the purposes of functions of the authority referred to in subsection (2) above;

(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 local authority's fixed penalty receipts.

(6)

The provision that may be made under subsection (5)(a)(ii) above includes (in particular) provision for the payment of sums to a person (including the appropriate person) other than the authority.

(7)

Before making regulations under this section, the appropriate person must consult—

(a)

the authorities to which the regulations are to apply;

(b)

such other persons as the appropriate person thinks fit.

(8)

The powers to make regulations conferred by this section are, for the purposes of subsection (1) of section 100 of the Local Government Act 2003, to be regarded as included among the powers mentioned in subsection (2) of that section.