The Site Waste Management Plans Regulations 2008

Fixed penalty notices

16.—(1) A person authorised to enforce these Regulations who believes that any person has contravened regulation 13(d) (production of a site waste management plan or other record to a person acting in the execution of these Regulations) may give to that person a notice offering the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty of £300.

(2) Where such a notice is served—

(a) no proceedings may be instituted for that offence for 14 days; and

(b) that person may not be convicted of that offence if the fixed penalty is paid within that period.

(3) The notice must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and must state—

(a) the fact that no proceedings for the offence will be instituted for 14 days;

(b) the amount of the fixed penalty; and

(c) the name and address of the person to whom the fixed penalty may be paid.

(4) If payment is made by pre-paying and posting to that person at that address a letter containing the amount of penalty (in cash or otherwise), payment is regarded as having been made at the time that the letter would be delivered in the ordinary course of post.

(5) In any proceedings a certificate purporting to be signed by or on behalf of the chief finance officer of the enforcing body stating that payment of a fixed penalty was or was not received by a date specified in the certificate is evidence of the facts stated.

(6) Fixed penalty receipts received by—

(a) the Environment Agency must be paid to the Secretary of State, and

(b) a local authority must be used for enforcing these Regulations.

(7) An enforcement authority must supply the Secretary of State with such information relating to its use of its fixed penalty receipts as the Secretary of State may require.