The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Wales) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply in relation to Wales.

These Regulations revoke and remake regulations 1 to 4 of the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Wales) Regulations 2007 (S.I. 2007/739) (W.67). This is because paragraph 15 of Schedule 4 to the Clean Neighbourhoods and Environment Act 2005 (c. 16) has been commenced by the Clean Neighbourhoods and Environment Act 2005 (Commencement No.3) (Wales) Order 2007 (S.I. 2007/3371) (W.298) (C.141) by virtue of which the Welsh Ministers are now the appropriate person in relation to sections 43(A)(4) and (5) of the Anti-social Behaviour Act 2003 (c. 38).

These Regulations prescribe the ranges within which the amounts of certain fixed penalties that are capable of being specified (in place of the amount prescribed in the relevant legislation) by a local authority (as variously described in the relevant legislation) are required to fall (regulation 2).

These Regulations also prescribe the minimum amount of fixed penalty that a local authority may (if it chooses to do so) treat as full payment of the fixed penalty where a lesser amount than the full prescribed amount (whether this is the amount specified by the local authority, or the amount prescribed in the relevant legislation) is paid within such period which must be less than 14 days as may be specified by the local authority in the notice (regulation 3).

Accordingly, in respect of a notice of a fixed penalty that is capable of being issued for certain offences for which the amount prescribed in the relevant legislation is £75, these Regulations prescribe the range within which a local authority may choose to specify its own locally applicable amount as being between £75 and £150 (regulation 2(1)). If a local authority decides to treat a lesser sum paid within a specified period as full payment of the fixed penalty, these Regulations provide that that lesser sum must not be less than £50 (regulation 3(1)).

In respect of certain other offences for which the amount of fixed penalty prescribed in the relevant legislation is £100, these Regulations prescribe the range within which a local authority may choose to specify its own locally applicable amount as being between £100 and £150 (regulation 2(2)). In respect of any of those offences, if a local authority decides to treat a lesser sum paid within a specified period as full payment of the fixed penalty, these Regulations provide that that lesser sum must not be less than £60 (regulation 3(2)(a), (b) and (c)).

In respect of other offences for which the amounts of fixed penalty prescribed in the relevant legislation are, £100, £200 and £300 respectively (but in each case with no facility for an authority to specify a different locally applicable amount), an authority may still decide to treat a lesser sum paid within a specified period as full payment of the fixed penalty. These Regulations provide that those lesser sums must not be less than £60 (regulation 3(2)(d)), £120 (regulation 3(3)) or £180 (regulation 3(4)) respectively.

These Regulations also prescribe the condition that must be satisfied before a person may be authorised by a community council for the purposes of giving a fixed penalty notice under section 88 of the Environmental Protection Act 1990 (c. 43), section 43(1) of the Anti-social Behaviour Act 2003 or section 59 of the Clean Neighbourhoods and Environment Act 2005. The condition is that a person must successfully complete a fixed penalty training course (regulation 4).

These Regulations also amend the title of the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Wales) Regulations 2007. The revised title of those Regulations is the Environmental Offences (Use of Fixed Penalty Receipts) (Wales) Regulations 2007 (regulation 6).