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Section 88C: Littering from a vehicle: Scottish civil penalty regime

Environmental Protection Act 1990 · 1990 c. 43View on legislation.gov.uk

Part IV: Litter Etc

An authorised officer of a litter authority may impose a civil penalty charge on the keeper of a vehicle if satisfied on the balance of probabilities that—

an offence of leaving litter under section 87 ("an act of littering") has been committed from the vehicle, and
the vehicle was on land within the litter authority's area at the time that the act of littering was committed.

For the purposes of this section, the keeper of a vehicle—

means the person by whom the vehicle is kept at the time when an act of littering occurs, and
in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper.

The keeper's liability to pay a civil penalty charge notice to the authority arises when an authorised officer of a litter authority gives to the keeper written notice requiring payment of the charge ("a civil penalty charge notice").

No civil penalty charge notice may be given—

after the end of the period of 3 months beginning with the day on which the act of littering in question occurred, or
if action has been taken under section 87 or section 88 against a person in respect of the same act of littering, regardless of—
whether or not the person is the vehicle's keeper,
whether or not the action is ongoing,
the outcome of the action.

The Scottish Ministers may by regulations make provision—

for the amount that may be imposed as a civil penalty charge,
for discounts and surcharges,
as to the purposes for which sums received by an authority by way of civil penalty charge may be used,
about the form and content of a civil penalty charge notice,
about the procedure to be followed in giving a civil penalty charge notice,
conferring rights to make representations about and to bring an appeal against a civil penalty charge notice,
about the circumstances in which a civil penalty charge notice may or must be cancelled,
about the procedure to be followed in cancelling a civil penalty charge notice,
about the refund of sums paid by way of civil penalty charge,
about exemptions from liability,
whether and how an authority must keep and publish accounts in respect of sums received by way of civil penalty charge.

In this section—

  • an "authorised officer" means an employee of a litter authority who is authorised in writing by the authority for the purposes of imposing civil penalty charges under this section,

  • "litter authority" means—a local authority,Loch Lomond and the Trossachs National Park Authority, orsuch other person as may be specified in regulations by the Scottish Ministers,

  • "local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,

  • "registered keeper", in relation to a registered vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994,

  • "registered vehicle" means a vehicle which is registered under that Act,

  • "vehicle" means a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.