The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007

Lesser amounts of fixed penalties

3.—(1) Where—

(a) a litter authority acting under section 88(7) of the Environmental Protection Act 1990(1);

(b) a principal litter authority acting under paragraph 7(5) of Schedule 3A to the Environmental Protection Act 1990;

(c) a local authority acting under section 43A(3) of the Anti-social Behaviour Act 2003;

(d) a primary authority or a secondary authority acting under section 60(3) of the Clean Neighbourhoods and Environment Act 2005;

(e) a local authority acting under section 74(3) of the Clean Neighbourhoods and Environment Act 2005,

makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount shall be not less than £50.

(2) Where—

(a) a waste collection authority acting under section 47ZB(3) of the Environmental Protection Act 1990;

(b) a principal litter authority acting under section 94A(5) of the Environmental Protection Act 1990;

(c) a local authority acting under section 8A(3) of the Noise Act 1996;

(d) a local authority acting under section 6(10) of the Clean Neighbourhoods and Environment Act 2005,

makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount shall be not less than £60.

(3) Where a local authority acting under section 2A(10) of the Refuse Disposal (Amenity) Act 1978 makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount shall be not less than £120.

(4) Where—

(a) a regulation authority acting under section 5B(11) of the Control of Pollution (Amendment) Act 1989;

(b) an enforcement authority acting under section 34A(11) of the Environmental Protection Act 1990,

makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount shall be not less than £180.

(5) An authority may specify a different amount for each of the provisions in this regulation.

(1)

Section 88(7) was inserted by section 19(2) of the Clean Neighbourhoods and Environment Act 2005.