Crime and Policing Act 2026

Prospective

9 Guidance on fly-tipping enforcement in England E+W

In the Environmental Protection Act 1990, after section 34C insert—

“Contraventions of sections 33 and 34: guidance on enforcement in England E+W

34CZA Guidance on fly-tipping enforcement in England

(1) The Secretary of State must issue guidance to English waste collection authorities about—

(a) the collection by those authorities of evidence to support representations to the court about an order under section 33C (forfeiture of vehicles), and

(b) the exercise by authorised officers of their powers under section 34B (search and seizure of vehicles).

(2) The Secretary of State may issue guidance to English waste collection authorities about the exercise of their other functions, and other functions of their authorised officers, in connection with the enforcement of—

(a) section 33(1)(a) (prohibition on unauthorised deposit of controlled waste);

(b) section 34(2A) (duty to secure that household waste transferred only to authorised persons).

(3) An English waste collection authority must have regard to any guidance issued under this section when exercising any functions to which the guidance relates.

(4) The Secretary of State may revise any guidance issued under this section.

(5) A draft of any guidance or revised guidance proposed to be issued under this section must be laid before each House of Parliament.

(6) Before laying draft guidance or revised guidance under subsection (5), the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(7) The Secretary of State must not issue guidance or revised guidance under this section until after the end of the period of 40 days beginning with the day on which the draft was laid before each House of Parliament, or if it was laid on different days, with the later day.

(8) If, within that period, either House of Parliament resolves that the guidance or revised guidance should not be issued, the Secretary of State must not issue it.

(9) In calculating any period of 40 days for the purposes of subsection (7), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(10) The Secretary of State must publish any guidance issued or revised under this section.

(11) In this section, “authorised officer”, in relation to an English waste collection authority, means a person who is an authorised officer in relation to that authority for the purposes of—

(a) section 33ZA (fixed penalty notices for contravention of section 33(1)(a)) (see subsection (12) of that section),

(b) section 34ZA (fixed penalty notices relating to section 34(2A)) (see subsection (12) of that section), or

(c) section 34B (power to search and seize vehicles etc) (see subsection (11) of that section).”

Commencement Information

I1 S. 9 not in force at Royal Assent, see s. 255(1)