I1C1C2C3 Part II Waste on Land

Annotations:
Commencement Information
I1

Pt. II partly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2

Pt. II partly in force at 13.12.1991 and for certain purposes at 01.04.1992 by S.I.1991/2829, arts. 2, 4.

Pt. II: power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)

Modifications etc. (not altering text)
C1

Pt. II (ss. 29-78) amended: (1.4.1992) by S.I. 1992/588, reg. 8; (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 9 (as amended (E.W.) (15.5.3006) by S.I. 2006/937, reg. 6(10)(a))

Pt. II (ss. 29-78) modified: (1.2.1996) by 1995 c. 25, s. 5(5)(e) (with ss. 7(6), 115, 117) and S.I. 1996/186, art.2; (1.4.1996) by 1995 c. 25, s. 33(5)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Pt. II (ss. 29-78): certain functions transferred on transfer date (1.4.1996) by 1995 c. 25, ss. 2(1)(b)(ii), 21(1)(b)(ii), 56(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3, S.I. 1995/2649, art. 2 and S.I. 1995/1983, art. 2 (by which respectively s. 56 is in force from 28.7.1995, s. 21 is in force from 12.10.1995 and s. 2 is in force from 1.4.1996); S.I. 1996/136, art. 2; S.I. 1996/234), art. 2 (specifying transfer date)

Pt. II (ss. 29-78) extended (1.4.1996) by 1995 c. 25, s. 120(2), Sch. 23 para. 13 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Collection, disposal or treatment of controlled waste

46BF1Amount of penalty under section 46A and recovery of penalty

1

The amount of the monetary penalty that a person may be required to pay to a waste collection authority under section 46A is—

a

the amount specified by the waste collection authority in relation to the authority's area, or

b

if no amount is so specified, £60.

2

A waste collection authority may make provision for treating a fixed penalty under section 46A as having been paid if a lesser amount is paid before the end of a period specified by the authority.

3

The Secretary of State may by regulations make provision in connection with the powers conferred on waste collection authorities in England under subsections (1)(a) and (2).

4

Regulations under subsection (3) may (in particular)—

a

require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations;

b

restrict the extent to which, and the circumstances in which, a waste collection authority may make provision under subsection (2).

5

The Secretary of State may by order substitute a different amount for the amount for the time being specified in subsection (1)(b).

6

A fixed penalty under section 46A—

a

is recoverable summarily as a civil debt;

b

is recoverable as if it were payable under an order of the High Court or the county court, if the court in question so orders.