- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
Statutory Instruments
Environmental Protection, England
Made
30th October 2017
Laid before Parliament
1st November 2017
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers—
in sections 2A(11) and 2C(2)(d) and (3) of the Refuse Disposal (Amenity) Act 1978 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 11(1) of that Act)(1),
in sections 5B(12) and 5C(3)(b) and (4) of the Control of Pollution (Amendment) Act 1989 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 9(1) of that Act)(2),
in sections 34A(12), 47ZB(4) and (5) and 73A(2)(b), (3) and (8) of the Environmental Protection Act 1990 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 29(1A)(a) of that Act)(3),
in sections 88(11) and 97A(1) to (3) of the Environmental Protection Act 1990 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 98(1A)(a) of that Act)(4),
in sections 8A(4) and (5) and 9(4A)(b) and (4B) of the Noise Act 1996 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 11(2A)(a) of that Act)(5),
in sections 43A(4) to (6) and 47(4) of the Anti-social Behaviour Act 2003 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 47(1) of that Act)(6),
in sections 6(11) and 8(2)(d) and (3) of the Clean Neighbourhoods and Environment Act 2005 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 9(2) of that Act)(7), and
in sections 74(4) and (5) and 75(2)(d) and (3) of the Clean Neighbourhoods and Environment Act 2005 (and for those sections, the Secretary of State is, for England, the appropriate person as defined in section 81(1) of that Act).
1.—(1) These Regulations may be cited as the Environmental Offences (Fixed Penalties) (England) Regulations 2017.
(2) These Regulations (except regulation 5) come into force on 1st April 2018.
(3) Regulation 5 comes into force on 1st April 2019.
(4) Regulation 4 ceases to have effect at the end of 31st March 2019.
2. The amount of a fixed penalty capable of being specified by a local authority under section 74(2)(a) of the Clean Neighbourhoods and Environment Act 2005 is not less than £50 and not more than £80.
3. The amount of a fixed penalty capable of being specified by any of the following under the corresponding section is not less than £75 and not more than £110—
(a)a waste collection authority under section 47ZB(2)(a) of the Environmental Protection Act 1990 in respect of an offence under section 47 of that Act;
(b)a local authority under section 8A(2)(a) of the Noise Act 1996.
4. The amount of a fixed penalty capable of being specified by any of the following under the corresponding section is not less than £50 and not more than £150—
(a)a principal litter authority under section 88(6A)(a) of the Environmental Protection Act 1990(8);
(b)a principal litter authority under paragraph 7(4)(a) of Schedule 3A to the Environmental Protection Act 1990(9);
(c)a relevant local authority under section 43A(1)(a) of the Anti-social Behaviour Act 2003.
5. The amount of a fixed penalty capable of being specified by any of the following under the corresponding section is not less than £65 and not more than £150—
(a)a principal litter authority under section 88(6A)(a) of the Environmental Protection Act 1990;
(b)a principal litter authority under paragraph 7(4)(a) of Schedule 3A to the Environmental Protection Act 1990;
(c)a relevant local authority under section 43A(1)(a) of the Anti-social Behaviour Act 2003.
6.—(1) For subsection (6A)(b) of section 88 (fixed penalty notices for leaving litter) of the Environmental Protection Act 1990 substitute—
“(b)if no amount is so specified, is—
(i)in England, £100, or
(ii)in Wales, £75.”.
(2) For paragraph 7(4)(b) of Schedule 3A (free distribution of printed matter on designated land) of that Act substitute—
“(b)if no amount is so specified, is—
(i)in England, £100, or
(ii)in Wales, £75.”.
7. For subsection (1)(b) of section 43A (amount of penalty for graffiti and fly-posting)(10) of the Anti-social Behaviour Act 2003 substitute—
“(b)if no amount is so specified, is—
(i)in England, £100, or
(ii)in Wales, £75.”.
8. Where any of the following makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than £50—
(a)a litter authority acting under section 88(7) of the Environmental Protection Act 1990(11);
(b)a principal litter authority acting under paragraph 7(5) of Schedule 3A to the Environmental Protection Act 1990;
(c)a relevant local authority acting under section 43A(3) of the Anti-social Behaviour Act 2003;
(d)a local authority acting under section 74(3) of the Clean Neighbourhoods and Environment Act 2005.
9. Where any of the following makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than £60—
(a)a waste collection authority acting under section 47ZB(3) of the Environmental Protection Act 1990 in respect of an offence under section 47 of that Act;
(b)a local authority acting under section 8A(3) of the Noise Act 1996;
(c)a local authority acting under section 6(10) of the Clean Neighbourhoods and Environment Act 2005.
10. 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 within a specified period, that amount must not be less than £120.
11. Where any of the following makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than £180—
(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.
12. Before a parish or community council may authorise a person to give notices under any of the following sections the person must successfully complete a course of training suitable for equipping the person to give notices under those sections—
(a)section 88(1) of the Environmental Protection Act 1990;
(b)section 43(1) of the Anti-social Behaviour Act 2003.
13.—(1) The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007(12) are revoked except for—
(a)regulation 1 (title, application and commencement);
(b)regulation 2(2)(b) (which specifies the range for fixed penalties for offences in respect of litter clearing and street litter control notices);
(c)regulation 3(2)(b) (which specifies the lesser amount for fixed penalties for offences in respect of litter clearing and street litter control notices).
(2) The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Amendment) Regulations 2012(13) are revoked.
Thérèse Coffey
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
30th October 2017
(This note is not part of the Regulations)
These Regulations supplement provisions in Acts for fixed penalties payable in respect of offences relating to the environment. They replace the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007 (“the EOR 2007”) (except for regulation 2(2)(b) and 3(2)(b) of the EOR 2007).
The Regulations prescribe the ranges within which the amounts of certain fixed penalties that are capable of being specified by a local authority are required to fall (regulations 2 to 5). The ranges for littering, free distribution of printed matter on designated land and graffiti and fly-posting (see regulations 4 and 5) are different to those under the EOR 2007. For the period beginning with 1st April 2018 and ending with 31st March 2019, the range is not less than £50 and not more than £150 (regulation 4). From 1st April 2019, the range is not less than £65 and not more than £150 (regulation 5).
Regulations 6 and 7 amend the Environmental Protection Act 1990 and the Anti-social Behaviour Act 2003 in relation to England to increase the amount of the penalties for littering, free distribution of printed matter on designated land and graffiti and fly-posting where a local authority does not specify an amount. The penalty for each is increased from £75 to £100.
The Regulations also state a minimum lesser amount which an authority may treat as payment of the full amount if paid before the end of a period specified by the authority in relation to certain fixed penalties (regulations 8 to 11).
The Regulations provide that before a person may be authorised by a parish or community council to give notices of certain fixed penalties, the person must successfully complete a course of training on the giving of those notices (regulation 12).
Regulation 13 partially revokes the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007. Regulation 13 also revokes the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Amendment) Regulations 2012.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
1978 c.3. Sections 2A and 2C were inserted by section 10 of the Clean Neighbourhoods and Environment Act 2005 (c.16) (“the CNEA 2005”). The definition of “appropriate person” was inserted by section 14(3) of that Act.
1989 c.14. Sections 5B and 5C were inserted by section 38 of the CNEA 2005. The definition of “appropriate person” was inserted by section 39(2) of that Act.
1990 c.43. Sections 34A, 47ZB and 73A were inserted by sections 45, 48 and 52 of the CNEA 2005 respectively. Section 73A(2) was amended by S.I. 2016/334. The definition of “appropriate person” was inserted by section 51 of that Act.
Sections 88(11) and 97A were inserted by sections 19(6) and 24 of the CNEA 2005 respectively. The definition of “appropriate person” was inserted by section 26 of that Act.
1996 c.37. Section 8A was inserted by section 82(2) of the CNEA 2005, and amended by paragraph 11 of Schedule 1 to the CNEA 2005. Section 9(4A) and (4B) was substituted by section 42(5) of the Anti-social Behaviour Act 2003 (c.38) and was amended by section 83(2) of the CNEA 2005. Section 9(4A)(b) was amended by paragraph 12(4) of Schedule 1 to the CNEA 2005. The definition of “appropriate person” in section 11(2A)(a) was inserted by section 85(2) of the CNEA 2005.
2003 c.38. Sections 43A and 47(4) were inserted by sections 28(2) and 30(2) of the CNEA 2005.
Section 88(6A) was substituted by section 19(2) of the CNEA 2005.
Schedule 3A was inserted by section 23(2) of the CNEA 2005.
Section 43A was inserted by section 28(2) of the CNEA 2005.
Section 88(7) was substituted by section 19(2) of the CNEA 2005.
S.I. 2007/175, as amended by S.I. 2012/1151. Regulations 2(1)(d) and 3(1)(d) of S.I. 2007/175 were impliedly revoked by the repeal of section 60 of the CNEA 2005 by section 181(1) of, and paragraph 42 of Schedule 11 to, the Anti-social Behaviour, Crime and Policing Act 2014. Regulations 2(2A) and 3(2A) of S.I. 2007/175 were impliedly revoked by the amendment to section 46(6) of the Environmental Protection Act 1990 by section 58(2) of the Deregulation Act 2015 (c.20).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including:
The data on this page is available in the alternative data formats listed: