Section 46ZD: Fixed penalty notices for offences under section 46, Environmental Protection Act 1990

This section applies where an authorised officer of a waste collection authority has reason to believe that a person has committed an offence under section 46(6) requirement in the area of that authority.

The authorised officer may give the person a notice offering the person the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the waste collection authority.

Where a person is given a notice under subsection (2) in respect of an offence—

no proceedings may be instituted for that offence before the end of the period of 14 days beginning with the date of the notice, and

the person may not be convicted of that offence if the person pays the fixed penalty before the end of that period.

Where a person has already been given a final notice under section 46ZB, and any subsequent civil penalty charge has been paid in full—

no notice may be given to the person under subsection (2) of this section in relation to the same circumstances,

no proceedings may be instituted under section 46(6) against the person in relation to the same circumstances.

A notice under subsection (2) must—

state the particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence,

state the period during which, by virtue of subsection (3), proceedings will not be instituted for the offence,

state the amount of the fixed penalty,

explain that the notice contains an offer to discharge liability to conviction for the offence by payment of a fixed penalty and the person is not required to accept that offer, and

state the person to whom the fixed penalty may be paid, and the address and website for doing so.

The Scottish Ministers may by regulations specify—

the amount of the fixed penalty payable under this section (not exceeding level 2 on the standard scale),

the form of a notice under subsection (2).

An authorised officer of a waste collection authority may require an occupier of domestic property to give the occupier's name, address and date of birth, if the officer proposes to give the occupier a fixed penalty notice under this section.

A person commits an offence if the person—

fails to give a name, address or date of birth when required to do so under subsection (7), or

gives a false or inaccurate name, address or date of birth in response to a requirement under that subsection.

A person who commits an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

In any proceedings a certificate which—

purports to be signed on behalf of the person having responsibility for the financial affairs of the waste collection authority, and

states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

Section 46ZD: Fixed penalty notices for offences under section 46

Discussed in

About this text