88ALittering from vehicles: civil penalty regime

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.

2ZB

Subsection (2) does not apply to a statutory instrument containing regulations under section 88A if the regulations—

a

are the first set of regulations to be made under that section, or

b

include provision falling within subsection (3)(a) or (6) of that section.

2ZC

A statutory instrument to which subsection (2) does not apply by virtue of subsection (2ZB) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.