Environmental Protection Act 1990

[F173AUse of fixed penalty receipts [F2: Wales] E+W

F3(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(1A)The Natural Resources Body for Wales must pay amounts received by it under section [F534ZB or] 34A above to the Welsh Ministers.]

(2)A waste collection authority may use amounts received by it under section F6... [F733ZB,] F8... [F934ZB,] 34AF10... or 47ZA above (its “fixed penalty receipts”) only for the purposes of—

(a)its functions under this Part (including functions relating to the enforcement of offences under this Part); and

(b)such other of its functions as may be specified in regulations made by the [F11Welsh Ministers].

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

(4)A waste collection authority must supply the [F12Welsh Ministers] with such information relating to its use of its fixed penalty receipts as the [F12Welsh Ministers] may require.

(5)The [F13Welsh Ministers] may by regulations—

(a)make provision for what a waste collection 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 waste collection 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 [F14Welsh Ministers]) other than the waste collection authority.

(7)Before making regulations under this section, the [F15Welsh Ministers] must consult—

(a)the waste collection authorities to which the regulations are to apply;

(b)such other persons as the [F15Welsh Ministers] [F16think] fit.

(8)Regulations under this section may make different provision for different purposes (including different provision in relation to different authorities or different descriptions of authority).

(9)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.]

[F17(10)In this section, “waste collection authority” means a waste collection authority in Wales.]

Textual Amendments

F1S. 73A inserted (E.W.) (16.3.2006 for certain purposes for W., 6.4.2006 for E. and 15.3.2007 in so far as not already in force for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 52, 108; S.I. 2006/768, art. 3; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 4