ENVIRONMENTAL PROTECTION, ENGLAND AND WALES Citation, commencement and extent 1 1 These Regulations may be cited as the Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2024 and come into force on 1st April 2024. 2 Any amendment made by these Regulations has the same extent as the provision amended. Amendments to Part 2 of the Environmental Protection Act 1990 2 Part 2 of the Environmental Protection Act 1990 (waste on land) is amended as follows— a after section 73 (appeals and other provisions relating to legal proceedings and civil liability) , insert— Use of fixed penalty receipts: England 73ZA 1 The Environment Agency must pay amounts received by it under section 34ZA or 34A to the Secretary of State. 2 A waste collection authority may use its fixed penalty receipts under section 33ZA or 34ZA only for the purposes of— a the employment or engagement of its authorised officers, as defined in section 33ZA(12) or 34ZA(12), or any of the functions of those officers, b its functions relating to offences under— i section 33(6), to the extent that it relates to a contravention of section 33(1)(a) (deposit of controlled waste) , ii section 33ZA(7) (failure to give name or address in response to request from an authorised officer proposing to issue a fixed penalty notice), iii section 34(6), to the extent that it relates to a contravention of section 34(2A) (duty to secure that transfer of household waste is only to an authorised person) , or iv section 34ZA(14) (failure to give name or address in response to request from an authorised officer proposing to issue a fixed penalty notice), c its functions relating to the collection and disposal of controlled waste deposited in contravention of section 33(1)(a), d its functions relating to the restoration of land following the deposit of controlled waste in contravention of section 33(1)(a), and e such other of its functions as may be specified in regulations made by the Secretary of State. 3 A waste collection authority may use its fixed penalty receipts under section 34A, 46A or 47ZA only for the purposes of— a its functions under this Part (including functions relating to offences under this Part), and b such other of its functions as may be specified in regulations made by the Secretary of State. 4 Regulations under subsection (3)(b) may (in particular) have the effect that a waste collection authority may use its fixed penalty receipts under section 34A, 46A or 47ZA for the purposes of any of its functions. 5 A waste collection authority must supply the Secretary of State with such information relating to its use of its fixed penalty receipts as the Secretary of State may require. 6 The Secretary of State may by regulations make provision— a about what a waste collection authority must do with its fixed penalty receipts pending the use of those receipts for the purposes referred to in subsection (2) or (3); b about the period within which a waste collection authority must use those fixed penalty receipts for those purposes; c about what a waste collection authority must do with those fixed penalty receipts that are not used for those purposes within that period; d for accounting arrangements in respect of a waste collection authority’s fixed penalty receipts. 7 The provision that may be made under subsection (6)(c) includes (in particular) provision for the payment of sums to a person (including the Secretary of State) other than the waste collection authority. 8 Before making regulations under this section, the Secretary of State must consult— a the waste collection authorities to which the regulations are to apply; b such other persons as the Secretary of State thinks fit. 9 Regulations under this section may make different provision for different purposes (including different provision in relation to different waste collection authorities or different descriptions of authority). 10 In this section— “ fixed penalty receipts ”, in relation to a waste collection authority, are amounts received by the authority under section 33ZA, 34ZA, 34A, 46A or 47ZA; “ waste collection authority ” means a waste collection authority in England. ; b in section 73A (use of fixed penalty receipts) — i in the heading, at the end, insert “: Wales” ; ii omit subsection (1); iii in subsection (2), omit— aa “33ZA,”; bb “34ZA,”; cc “, 46A”; iv in each of the following subsections, for “appropriate person” substitute “Welsh Ministers” — aa (2)(b); bb (4), in both places it occurs; cc (5); dd (6); ee (7), in both places it occurs; v in subsection (7)(b), for “thinks” substitute “think” ; vi at the end, insert— 10 In this section, “ waste collection authority ” means a waste collection authority in Wales. . Amendments to Part 9 of the Clean Neighbourhoods and Environment Act 2005 3 Part 9 of the Clean Neighbourhoods and Environment Act 2005 (miscellaneous) is amended as follows— a before section 96 (use of fixed penalty receipts: higher tier authorities), but after the italic heading before that section, insert— Use of fixed penalty receipts: higher tier authorities in England 95A 1 This section applies in relation to amounts paid to an authority in England, other than a parish or community council, in pursuance of notices under— a section 88 of the Environmental Protection Act 1990 (fixed penalty notices for leaving litter) ; b paragraph 7 of Schedule 3A to the Environmental Protection Act 1990 (free distribution of printed matter on designated land: fixed penalty notices) ; c section 43(1) of the Anti-social Behaviour Act 2003 (penalty notices for graffiti and fly-posting) . 2 The amounts to which this section applies which are paid to an authority are in this section called the authority's “fixed penalty receipts”. 3 An authority may use its fixed penalty receipts paid to it in pursuance of a notice under section 88 of the Environmental Protection Act 1990 only for the purposes of— a the employment or engagement of its authorised officers, as defined in section 88(10) of the Environmental Protection Act 1990, or any of the functions of those officers, b its functions relating to offences under the following provisions of the Environmental Protection Act 1990— i section 87(1) (offence of leaving litter) , or ii section 88(8B) (offence of failing to give a name and address or giving a false or inaccurate name or address) , c its functions relating to the collection and disposal of litter and refuse, d its functions relating to the restoration of land following littering, and e such other of its functions as may be specified in regulations made by the Secretary of State. 4 An authority may use its fixed penalty receipts paid to it in pursuance of a notice under paragraph 7 of Schedule 3A to the Environmental Protection Act 1990 or section 43(1) of the Anti-social Behaviour Act 2003 only for the purposes of— a its functions under Part 4 of the Environmental Protection Act 1990 (litter etc); b its functions under section 43 of the Anti-social Behaviour Act 2003 (penalty notices for graffiti and fly-posting); c such other of its functions as may be specified in regulations made by the Secretary of State. 5 Regulations under subsection (4)(c) may (in particular) have the effect that an authority may use those fixed penalty receipts for the purposes of any of its functions. 6 An authority must supply the Secretary of State with such information relating to its fixed penalty receipts as the Secretary of State may require. 7 The Secretary of State may by regulations make provision— a about what an authority must do with its fixed penalty receipts pending the use of those receipts for the purposes referred to in subsection (3) or (4); b about the period within which an authority must use those fixed penalty receipts for those purposes; c about what an authority must do with those fixed penalty receipts that are not used for those purposes within that period; d for accounting arrangements in respect of an authority’s fixed penalty receipts. 8 The provision that may be made under subsection (7)(c) includes (in particular) provision for the payment of sums to a person (including the Secretary of State) other than the authority. 9 Before making regulations under this section, the Secretary of State must consult— a the authorities to which the regulations are to apply; b such other persons as the Secretary of State thinks fit. ; b in section 96 (use of fixed penalty receipts: higher tier authorities)— i in the heading, at the end, insert “in Wales” ; ii in subsection (1), in each of paragraphs (a) and (b), after “amounts paid to an authority” insert “in Wales” ; iii in each of the following subsections, for “appropriate person” substitute “Welsh Ministers” — aa (4)(d); bb (6), in both places it occurs; cc (7); dd (8); ee (9), in both places it occurs; iv in subsection (9)(b), for “thinks” substitute “think” ; c in section 98 (sections 96 and 97: supplementary)— i in the heading, after “sections” insert “95A,” ; ii in subsection (1), for “sections 96 and 97” substitute “section 97” ; iii in each of subsections (2) and (3), after “sections” insert “95A,” ; iv in subsection (4), for “section 96” substitute “section 95A” . Amendments to the Local Government (Structural Changes) (Further Transitional Arrangements and Staffing) Regulations 2009 4 Regulation 5 (fixed penalty receipts and trading) of the Local Government (Structural Changes) (Further Transitional Arrangements and Staffing) Regulations 2009 is amended as follows— a in each of paragraphs (2) and (4), for “section 96” substitute “section 95A” ; b in paragraph (2), after “higher tier authorities”, and within the brackets, insert “in England” . Amendments to the Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 5 Regulation 11 (use of receipts by litter authorities) of the Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 is amended as follows— a in paragraph (a), for “section 96(4)(a) to (c)” substitute “section 95A(4)(a) and (b)” ; b in paragraph (b), for “section 96(4)(d)” substitute “section 95A(4)(c)” . Robbie Moore Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs 12th March 2024