Part IV

Litter Etc

Provisions relating to litter

Littering from vehicles: civil penalty regime
88A
1
The Secretary of State may make regulations under which the keeper of a vehicle may be required to pay a fixed penalty to a litter authority where there is reason to believe that a littering offence in England has been committed in respect of the vehicle.
2
A littering offence is committed in respect of a vehicle if an offence under section 87(1) occurs as a result of litter being thrown, dropped or otherwise deposited from the vehicle (whether or not by the vehicle's keeper).
3
Regulations under this section must make provision—
a
setting the amount of fixed penalties or specifying how the amount is to be determined;
b
about the period within which fixed penalties must be paid;
c
for payment within that period of a fixed penalty imposed for a littering offence committed in respect of a vehicle to discharge any liability for conviction for the offence (whether on the part of the keeper or anybody else);
d
for a fixed penalty to be payable by the keeper of a vehicle only if a written notice is given to the keeper (“a penalty notice”);
e
about the persons authorised to give penalty notices;
f
about the procedure to be followed in giving penalty notices;
g
about the form and content of penalty notices;
h
conferring rights to make representations about, and to bring appeals against, penalty notices.
4
Provision under subsection (3)(e) may authorise a person to give a penalty notice for a littering offence committed in respect of a vehicle only if—
a
the person is under a duty under section 89(1) in respect of the land where the offence is committed (and that person is a “
litter authority
” in relation to a fixed penalty payable under the regulations), or
b
the person is an authorised officer of a litter authority,
and regulations under this section may include provision about the meaning of “authorised officer”.
5
Regulations under this section may include provision—
a
for the enforcement of penalty notices (and such provision may in particular authorise an unpaid fixed penalty to be recovered summarily as a civil debt or as if payable under an order of a court if the court so orders);
b
about the application of sums paid under penalty notices (and such provision may in particular authorise sums paid to a litter authority to be applied for the purposes of such functions of the authority as the regulations may specify);
c
about the application of the regulations to keepers of vehicles in the public service of the Crown.
6
Regulations under this section may, in consequence of any provision contained in the regulations, amend—
a
this Part, or
b
Part 2 of the London Local Authorities Act 2007.
7
Regulations under this section may—
a
make provision corresponding or similar to any provision made by or under section 88;
b
make provision subject to exceptions;
c
include saving, transitional, transitory, supplementary or consequential provision.
8
Provision of the kind mentioned in subsection (7)(a) may include provision—
a
conferring a discretion on a litter authority, subject to such constraints or limitations as the regulations may specify (whether or not of a corresponding or similar kind to those mentioned in section 97A(2));
b
creating an offence of the kind mentioned in section 88(8B) and (8C),
but may not include provision conferring power on a person to make orders or regulations.
9
In this section—
- “
keeper
”, in relation to a vehicle, means the person by whom the vehicle is kept at the time when the littering offence in question occurs, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper;
- “
litter authority
” has the meaning given in subsection (4)(a);
- “
registered keeper
”, in relation to a registered vehicle, means the person in whose name the vehicle is registered;
- “
registered vehicle
” means a vehicle which is for the time being registered under the Vehicle Excise and Registration Act 1994;
- “
vehicle
” means a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle.
Pt. IV amended: by S.I. 1991/476, art. 2; (1.9.1994) by 1993 c. 35, s. 298, Sch. 18 para.10; S.I. 1994/2038, art. 3.
Pt. IV extended: by S.I.1991/961, art. 2; (E.W.) (1.11.1996) by 1996 c. 56, ss. 19, 583(2), Sch. 1 para.10 (with ss. 1(4), 561, 562, Sch. 39)
S. 88A inserted (E.W.) (25.10.2017) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 154(2), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2017/1018, art. 2