Environmental Protection, England Citation, commencement and expiry 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. Penalty range: audible intruder alarms 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. Penalty range: commercial etc. waste receptacles and noise 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. Penalty range: litter, distribution of printed matter, and graffiti and fly-posting: 1st April 2018 to 31st March 2019 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 ; 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. Penalty range: litter, distribution of printed matter, and graffiti and fly-posting: 1st April 2019 onwards 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. Default penalty: litter and distribution of printed matter 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. . Default penalty: graffiti and fly-posting 7 For subsection (1)(b) of section 43A (amount of penalty for graffiti and fly-posting) 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. . Lesser penalty: litter, distribution of printed matter, graffiti and fly-posting, and audible intruder alarms 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 ; 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. Lesser penalty: commercial etc. waste receptacles, noise, and exposing for sale etc. vehicles on roads 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. Lesser penalty: abandoning vehicles 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. Lesser penalty: transporting controlled waste and duty of care for waste 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. Authorising notice-giving: condition: parish or community councils 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. Revocations 13 1 The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007 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 are revoked. Thérèse Coffey Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs 30th October 2017