The Environmental Offences (Use of Fixed Penalty Receipts) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply in England, come into force on 6^th April 2006.

The Regulations provide that any fixed penalty receipts paid to—

(a) an authority (other than a parish council) in pursuance of notices issued under certain provisions relating to litter in the Environmental Protection Act 1990 (c. 43);

(b) an authority (other than a parish council) in pursuance of notices issued under section 43(1) (relating to graffiti and fly-posting) of the Anti-social Behaviour Act 2003 (c. 38); and

(c) a primary authority in pursuance of notices issued under section 59 (relating to dog control orders) of the Clean Neighbourhoods and Environment Act 2005 (“the 2005 Act”),

(all of which are authorities to which section 96 of the 2005 Act applies) may, for as long as such an authority is categorised as either “excellent” or “good” in a categorisation Order made by the Secretary of State under section 99(4) of the Local Government Act 2003, be used for any functions of that authority; all such functions of an authority so categorised are accordingly specified as “qualifying functions” of that authority, in addition to the qualifying functions already specified in section 96(4)(a)-(c) of the 2005 Act (regulation 2).

In the event that such an authority ceases to be categorised as “excellent” or “good” in a categorisation Order, the Regulations provide that it may continue to use its fixed penalty receipts for any of its functions for one year (at the end of which, if it is still not categorised as either “excellent” or “good”, it may thereafter only use such receipts for the qualifying functions specified in section 96(a)-(c) of the 2005 Act) (regulation 3).

The Regulations also provide that a parish council may use any amounts it receives in pursuance of notices issued under—

(d) section 88 of the Environmental Protection Act 1990 (relating to litter);

(e) section 43(1) of the Anti-social Behaviour Act 2003 (relating to graffiti and fly-posting); and

(f) section 59 of the 2005 Act (relating to dog control orders),

for its functions under those sections and, in relation to dog control orders, to its functions under the rest of Part 1 of Chapter 6 of the 2005 Act (regulation4(1) and (2)(a)-(c)). A parish council that is approved as a Quality parish council may, in addition, use such amounts it receives for the purpose of any other of its functions (regulation 4(1) and (2)(d)). A Quality parish council is one that is approved as such by the Secretary of State (regulation 4(4)). In the event that such a parish council ceases to be approved as a Quality parish council, the Regulations provide that it may continue to use its fixed penalty receipts for any of its functions for one year (at the end of which, if it has not regained its approval, it may thereafter only use such receipts for the functions specified in regulation 4(2)(a)-(c)) (regulation 5).

The Regulations require that a parish council must supply the Secretary of State with such information as she may require (regulation 4(3)).

A full regulatory impact assessment of the effect of the then Clean Neighbourhoods and Environment Bill was prepared, and was deposited in the libraries of both Houses of Parliament; copies of it are available from the Department for Environment, Food and Rural Affairs, Ashdown House, 123 Victoria Street, London SW1E 6DE. A separate regulatory impact assessment has not been produced for these Regulations as they have no impact on the costs of business.