ENVIRONMENTAL protection, england Title, commencement and application 1 These Regulations— a may be cited as the Environmental Offences (Use of Fixed Penalty Receipts) Regulations 2007; b come into force on 6th April 2007; c apply in England. Use of fixed penalty receipts: specification of other qualifying functions 2 1 If an authority in relation to which section 96 of the Clean Neighbourhoods and Environment Act 2005 applies is categorised as “excellent”, “good”, “4 stars”, “3 stars” or “2 stars” in a categorisation Order , any functions of that authority (in addition to those already specified in that section) are “qualifying functions” of the authority for the purposes of which it may use its fixed penalty receipts. 2 In this regulation and in regulation 3, a “categorisation Order” means an Order as may from time to time be made by the Secretary of State under section 99(4) of the Local Government Act 2003. Use of fixed penalty receipts: transitional arrangement 3 If an authority in relation to which section 96 of the Clean Neighbourhoods and Environment Act 2005 applies ceases to be categorised as “excellent”, “good”, “4 stars”, “3 stars” or “2 stars” in a categorisation Order, regulation 2(1) is to continue to apply to it for a period of one year from the date on which that cessation comes into effect as though that authority were still categorised as “excellent”, “good”, “4 stars”, “3 stars” or “2 stars”. Use of fixed penalty receipts by parish councils 4 1 A parish council may use any amounts it receives in pursuance of notices under— a section 88 (fixed penalty notices for leaving litter) of the Environmental Protection Act 1990 ; b section 43(1) (penalty notices for graffiti and fly-posting) of the Anti-social Behaviour Act 2003 ; c section 59 (fixed penalty notices for offences under dog control orders) of the Clean Neighbourhoods and Environment Act 2005, only for the purposes of its qualifying functions. 2 The following are qualifying functions for the purposes of this regulation— a functions under section 88 of the Environmental Protection Act 1990; b functions under section 43 of the Anti-social Behaviour Act 2003; c functions under Chapter 1 of Part 6 of the Clean Neighbourhoods and Environment Act 2005; d where the parish council is approved as a Quality parish council, any other of its functions. 3 A parish council must supply the Secretary of State with any information that he requires in relation to any amounts specified in paragraph (1) that it receives. 4 In this regulation and in regulation 5, a “Quality parish council” is one that is approved as such by the Secretary of State. 5 The Secretary of State shall publish, in such manner, and at such intervals, as he shall determine, a list of the parish councils approved as Quality parish councils. Use of fixed penalty receipts by parish councils: transitional arrangement 5 If any parish council which is approved as a Quality parish council ceases to be so approved, the other functions referred to in regulation 4(2)(d) are to continue to be qualifying functions of that parish council for a period of one year from the date on which that cessation comes into effect as though that parish council were still approved as a Quality parish council. Revocation 6 The Environmental Offences (Use of Fixed Penalty Receipts) Regulations 2006 are revoked. Ben Bradshaw Minister of State Department for Environment, Food and Rural Affairs 15th March 2007