Environment Act 2021

68 Littering enforcement

(1) Part 4 of the Environmental Protection Act 1990 is amended as follows.

(2) In Section 88 (fixed penalty notices for leaving litter), for subsection (11) substitute—

“(11) The appropriate person may by regulations provide that—

(a) an authorised officer of a litter authority must meet such conditions as may be prescribed in the regulations;

(b) if an authorised officer of a litter authority fails to meet any such condition, the authority must revoke the officer’s authorisation.

(12) Regulations under subsection (11) may make different provision for different cases.

(13) Before making regulations under subsection (11), the appropriate person must consult such persons as the appropriate person thinks appropriate.”

(3) After section 88A insert—

“88B Guidance on littering enforcement in England and Wales

(1) The appropriate person may issue guidance to litter authorities on the exercise of littering enforcement functions by those authorities and authorised officers of those authorities.

(2) A litter authority must have regard to that guidance when exercising any of its littering enforcement functions.

(3) The appropriate person may revise any guidance issued under this section at any time.

(4) Before issuing guidance, or revised guidance, under this section the appropriate person must consult such persons as the appropriate person thinks appropriate.

(5) The Secretary of State must lay before Parliament and publish guidance, and any revised guidance, issued by the Secretary of State under this section.

(6) The Welsh Ministers must lay before Senedd Cymru and publish guidance, and any revised guidance, issued by the Welsh Ministers under this section.

(7) In this section—

• “authorised officer”, in relation to a litter authority, means a person who is an authorised officer in relation to that authority for the purposes of—

  (a)

  section 88 (fixed penalty notices for littering, see subsection (10) of that section),

  (b)

  section 88A (fixed penalty notices for littering from vehicles in England, see subsection (4) of that section), or

  (c)

  Schedule 3A (distribution of free printed matter, see paragraph 8 of that Schedule);

• “littering enforcement function” means—

  (a)

  any function of a litter authority, or of an authorised officer of that authority, conferred by or under sections 87 to 88A or Schedule 3A, or

  (b)

  any function exercised for purposes connected with any of those sections or that Schedule.”

(4) In section 98(1A) (definition of appropriate person), in paragraph (b) for “National Assembly for Wales” substitute “Welsh Ministers”.