[F195AUse of fixed penalty receipts: higher tier authorities in EnglandE+W
(1)This section applies in relation to amounts paid to an authority in England, other than a parish or community council, in pursuance of notices under—
(a)section 88 of the Environmental Protection Act 1990 (fixed penalty notices for leaving litter);
(b)paragraph 7 of Schedule 3A to the Environmental Protection Act 1990 (free distribution of printed matter on designated land: fixed penalty notices);
(c)section 43(1) of the Anti-social Behaviour Act 2003 (penalty notices for graffiti and fly-posting).
(2)The amounts to which this section applies which are paid to an authority are in this section called the authority's “fixed penalty receipts”.
(3)An authority may use its fixed penalty receipts paid to it in pursuance of a notice under section 88 of the Environmental Protection Act 1990 only for the purposes of—
(a)the employment or engagement of its authorised officers, as defined in section 88(10) of the Environmental Protection Act 1990, or any of the functions of those officers,
(b)its functions relating to offences under the following provisions of the Environmental Protection Act 1990—
(i)section 87(1) (offence of leaving litter), or
(ii)section 88(8B) (offence of failing to give a name and address or giving a false or inaccurate name or address),
(c)its functions relating to the collection and disposal of litter and refuse,
(d)its functions relating to the restoration of land following littering, and
(e)such other of its functions as may be specified in regulations made by the Secretary of State.
(4)An authority may use its fixed penalty receipts paid to it in pursuance of a notice under paragraph 7 of Schedule 3A to the Environmental Protection Act 1990 or section 43(1) of the Anti-social Behaviour Act 2003 only for the purposes of—
(a)its functions under Part 4 of the Environmental Protection Act 1990 (litter etc);
(b)its functions under section 43 of the Anti-social Behaviour Act 2003 (penalty notices for graffiti and fly-posting);
(c)such other of its functions as may be specified in regulations made by the Secretary of State.
(5)Regulations under subsection (4)(c) may (in particular) have the effect that an authority may use those fixed penalty receipts for the purposes of any of its functions.
(6)An authority must supply the Secretary of State with such information relating to its fixed penalty receipts as the Secretary of State may require.
(7)The Secretary of State may by regulations make provision—
(a)about what an authority must do with its fixed penalty receipts pending the use of those receipts for the purposes referred to in subsection (3) or (4);
(b)about the period within which an authority must use those fixed penalty receipts for those purposes;
(c)about what an authority must do with those fixed penalty receipts that are not used for those purposes within that period;
(d)for accounting arrangements in respect of an authority’s fixed penalty receipts.
(8)The provision that may be made under subsection (7)(c) includes (in particular) provision for the payment of sums to a person (including the Secretary of State) other than the authority.
(9)Before making regulations under this section, the Secretary of State must consult—
(a)the authorities to which the regulations are to apply;
(b)such other persons as the Secretary of State thinks fit.]
Textual Amendments