2023 No. 770
The Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2023
Made
Laid before Parliament
Coming into force
The Secretary of State makes these Regulations in exercise of the powers conferred by—
- a
sections 33ZA(10A), 34ZA(9A) and 97A(1) and (2) of the Environmental Protection Act 1990 (and for section 97A, the Secretary of State is, for England, the appropriate person as defined in section 98(1A)(a) of that Act)1, and
- b
section 43A(4) and (5) of the Anti-social Behaviour Act 2003 (and for that section, the Secretary of State is, for England, the appropriate person as defined in section 47(1) of that Act)2.
Citation, commencement, extent and application1
1
These Regulations may be cited as the Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2023 and come into force on 31st July 2023.
2
These Regulations extend to England and Wales.
3
These Regulations apply in relation to England.
Amendment of the Environmental Offences (Fixed Penalties) (England) Regulations 20172
1
The Environmental Offences (Fixed Penalties) (England) Regulations 20173 are amended as follows.
2
For regulation 5 substitute—
5
1
The amount of a fixed penalty capable of being specified by either of the following under the corresponding section is not less than £65 and not more than £500—
a
a principal litter authority under section 88(6A)(a) of the Environmental Protection Act 1990;
b
a relevant local authority under section 43A(1)(a) of the Anti-social Behaviour Act 2003.
2
The amount of a fixed penalty capable of being specified by a principal litter authority under paragraph 7(4)(a) of Schedule 3A to the Environmental Protection Act 1990 is not less than £65 and not more than £150.
Amendment of the Environmental Protection Act 19903
1
The Environmental Protection Act 1990 is amended as follows.
2
In section 33ZA(9)(a), for “£400” substitute “£1000”
.
3
In section 34ZA(8), for “£400” substitute “£600”
.
(This note is not part of the Regulations)