PART 5 continued CHAPTER 2 continued
(1) After section 34A of the Environmental Protection Act 1990 (c. 43) (as inserted by section 45 above), insert—
(1) This section applies where an authorised officer of an enforcement authority or a constable reasonably believes that the grounds in subsection (2) or (3) below exist.
(2) The grounds in this subsection are that—
(a) an offence under section 33 or 34 above has been committed,
(b) a vehicle was used in the commission of the offence, and
(c) proceedings for the offence have not yet been brought against any person.
(3) The grounds in this subsection are that—
(a) an offence under section 33 or 34 above is being or is about to be committed, and
(b) a vehicle is being or is about to be used in the commission of the offence.
(4) The authorised officer or constable may—
(a) search the vehicle;
(b) seize the vehicle and any of its contents.
(5) In acting under subsection (4) above the authorised officer or constable may—
(a) stop the vehicle (but only a constable in uniform may stop a vehicle on any road);
(b) enter any premises for the purpose of searching or seizing the vehicle.
(6) A vehicle or its contents seized under subsection (4) above—
(a) by an authorised officer of an enforcement authority, are seized on behalf of that authority;
(b) by a constable in the presence of an authorised officer of an enforcement authority, are seized on behalf of that authority;
(c) by a constable without such an officer present, are seized on behalf of the waste collection authority in whose area the seizure takes place.
(7) A person commits an offence if—
(a) he fails without reasonable excuse to give any assistance that an authorised officer or constable may reasonably request in the exercise of a power under subsection (4) or (5) above;
(b) he otherwise intentionally obstructs an authorised officer or constable in exercising that power.
(8) Where an authorised officer or constable has stopped a vehicle under subsection (5)(a) above, he may require any occupant of the vehicle to give him—
(a) the occupant’s name and address;
(b) the name and address of the registered owner of the vehicle;
(c) any other information he may reasonably request.
(9) A person commits an offence if—
(a) he fails without reasonable excuse to comply with a requirement under subsection (8) above;
(b) he gives information required under that subsection that is—
(i) to his knowledge false or misleading in a material way, or
(ii) given recklessly and is false or misleading in a material way.
(10) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(11) In this section and section 34C below—
“authorised officer” means an officer of an enforcement authority who is authorised in writing by the authority for the purposes of this section;
“enforcement authority” means—
the Environment Agency, or
a waste collection authority;
“road” has the same meaning as in the Road Traffic Regulation Act 1984;
“vehicle” means any motor vehicle or trailer within the meaning of that Act or any mobile plant.
(1) Where under section 34B above an authorised officer or constable seizes a vehicle or its contents (“seized property”) on behalf of an enforcement authority, the authority may remove the seized property to such a place as it considers appropriate.
(2) An enforcement authority must deal with any seized property in accordance with regulations made by the appropriate person.
(3) Regulations under subsection (2) above may in particular include provision as to—
(a) the duties of enforcement authorities in relation to the safe custody of seized property;
(b) the circumstances in which they must return any such property to a person claiming entitlement to it;
(c) the manner in which such persons, and the seized property to which they are entitled, may be determined;
(d) the circumstances in which an enforcement authority may sell, destroy or otherwise dispose of seized property;
(e) the uses to which the proceeds of any such sale may be put.
(4) Regulations making provision under subsection (3)(d) above—
(a) must (subject to paragraph (c) below) require the enforcement authority to publish a notice in such form, and to take any other steps, as may be specified in the regulations for informing persons who may be entitled to the seized property that it has been seized and is available to be claimed;
(b) must (subject to paragraph (c) below) prohibit the authority from selling, destroying or otherwise disposing of any seized property unless a period specified in the regulations has expired without any obligation arising under the regulations for the authority to return the property to any person;
(c) may allow for the requirements in paragraphs (a) and (b) above to be dispensed with if the condition of the seized property requires its disposal without delay.
(5) The appropriate person may issue guidance to enforcement authorities in relation to the performance of their functions under regulations under subsection (2) above.”
(2) In section 71 of that Act (obtaining information from persons and authorities)—
(a) after subsection (2) insert—
“(2A) A waste collection authority has the power referred to in subsection (2) for the purpose of the discharge of its functions under sections 34B and 34C above.”;
(b) in subsection (3) after “subsection (2)” insert “or (2A)”.
Section 32 of and Schedule 2 to the Environmental Protection Act 1990 (c. 43) (power to require local authorities to transfer waste disposal functions etc to specially formed companies) shall cease to have effect.
In the Environmental Protection Act 1990, after section 47 (receptacles for commercial or industrial waste) insert—
(1) This section applies where on any occasion an authorised officer of a waste collection authority has reason to believe that a person has committed an offence under section 46 or 47 above in the area of that authority.
(2) The authorised officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the waste collection authority.
(3) Where a person is given a notice under this section in respect of an offence—
(a) no proceedings may be instituted for that offence before the expiration of the period of fourteen days following the date of the notice; and
(b) he may not be convicted of that offence if he pays the fixed penalty before the expiration of that period.
(4) A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
(5) A notice under this section must also state—
(a) the period during which, by virtue of subsection (3) above, proceedings will not be taken for the offence;
(b) the amount of the fixed penalty; and
(c) the person to whom and the address at which the fixed penalty may be paid.
(6) Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (5)(c) above at the address so mentioned.
(7) Where a letter is sent in accordance with subsection (6) above payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(8) The form of a notice under this section is to be such as the appropriate person may by order prescribe.
(9) In any proceedings a certificate which—
(a) purports to be signed on behalf of the chief finance officer of the waste collection authority, and
(b) 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.
(10) In this section—
“authorised officer”, in relation to a waste collection authority, means—
an employee of the authority who is authorised in writing by the authority for the purposes of giving notices under this section;
any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function;
any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices;
“chief finance officer”, in relation to a waste collection authority, means the person having responsibility for the financial affairs of the authority.
(1) This section applies in relation to a fixed penalty payable to a waste collection authority in pursuance of a notice under section 47ZA above.
(2) The amount of the fixed penalty—
(a) is the amount specified by the waste collection authority in relation to the authority’s area, or
(b) if no amount is so specified, is £100.
(3) The waste collection authority may make provision for treating the fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by the authority.
(4) The appropriate person may by regulations make provision in connection with the powers conferred on waste collection authorities under subsections (2)(a) and (3) above.
(5) Regulations under subsection (4) may (in particular)—
(a) require an amount specified under subsection (2)(a) above to fall within a range prescribed in the regulations;
(b) restrict the extent to which, and the circumstances in which, a waste collection authority can make provision under subsection (3) above.
(6) The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (2)(b) above.”
(1) Section 52 of the Environmental Protection Act 1990 (c. 43) (payments for recycling and disposal etc of waste) is amended as follows.
(2) In subsection (1) after “so retained” insert—
“(a) in the case of a waste disposal authority in England, of such amounts as may be determined in accordance with regulations made by the Secretary of State; and
(b) in the case of a waste disposal authority in Wales”.
(3) After subsection (1) insert—
“(1A) The Secretary of State may by order disapply subsection (1) above in relation to any waste disposal authority constituted under section 10 of the Local Government Act 1985 (joint arrangements for waste disposal in London and metropolitan counties).”
(4) After subsection (1A) (as inserted by subsection (3) above) insert—
“(1B) A waste disposal authority is not required to make payments to a waste collection authority under subsection (1) above where, on the basis of arrangements involving the two authorities, the waste collection authority has agreed that such payments need not be made.”
(5) In subsection (2) after “so collected” insert—
“(a) in the case of a waste collection authority in England, of such amounts as may be determined in accordance with regulations made by the Secretary of State; and
(b) in the case of a waste collection authority in Wales”.
(6) In subsection (3) after “so collected” insert—
“(a) in the case of a waste disposal authority in England, of such amounts as may be determined in accordance with regulations made by the Secretary of State; and
(b) in the case of a waste disposal authority in Wales”.
(7) In subsection (4) after “so collected” insert—
“(a) in the case of a waste collection authority in England, of such amounts as may be determined in accordance with regulations made by the Secretary of State; and
(b) in the case of a waste collection authority in Wales”.
(8) After subsection (8) insert—
“(8A) The Secretary of State may give guidance—
(a) to a waste disposal authority in England, for the purposes of determining whether to exercise the power in subsection (3) above;
(b) to a waste collection authority in England, for the purposes of determining whether to exercise the power in subsection (4) above.”
(9) At the end insert—
“(12) In this section, references to recycling waste include re-using it (whether or not the waste is subjected to any process).”
(1) In section 59 of the Environmental Protection Act 1990 (c. 43) (power to require removal of waste unlawfully deposited), in subsection (7)(b) after “occupier of the land” insert “or the occupier cannot be found without the authority incurring unreasonable expense”.
(2) After that section insert—
(1) Where the grounds in subsection (2), (3) or (4) below are met, a waste regulation authority or waste collection authority may, by notice served on him, require the owner of any land in its area to comply with either or both of the requirements mentioned in subsection (1)(a) and (b) of section 59 above.
(2) The grounds in this subsection are that it appears to the authority that waste has been deposited in or on the land in contravention of section 33(1) above and—
(a) there is no occupier of the land, or
(b) the occupier cannot be found without the authority incurring unreasonable expense.
(3) The grounds in this subsection are that—
(a) the authority has served a notice under subsection (1) of section 59 above imposing a requirement on the occupier of the land,
(b) the occupier of the land is not the same person as the owner of the land, and
(c) the occupier has failed to comply with the requirement mentioned in paragraph (a) above within the period specified in the notice.
(4) The grounds in this subsection are that—
(a) the authority has served a notice under subsection (1) of section 59 above imposing a requirement on the occupier of the land,
(b) the occupier of the land is not the same person as the owner of the land, and
(c) the requirement mentioned in paragraph (a) above has been quashed on the ground specified in subsection (3)(a) of that section.
(5) Subsections (2) to (6) of section 59 above apply in relation to requirements imposed under this section on the owner of the land as they apply in relation to requirements imposed under that section on the occupier of the land but as if in subsection (3) there were inserted after paragraph (a)—
“(aa) in order to comply with the requirement the appellant would be required to enter the land unlawfully; or”.
(6) In this section “owner” has the meaning given to it in section 78A(9) below.”
In section 29 of the Environmental Protection Act 1990 (c. 43), after subsection (1) insert—
“(1A) “Appropriate person” means—
(a) in relation to England, the Secretary of State;
(b) in relation to Wales, the National Assembly for Wales.”
In the Environmental Protection Act 1990 (c. 43), after section 73 insert—
(1) The Environment Agency must pay amounts received by it under section 34A above to the Secretary of State.
(2) A waste collection authority may use amounts received by it under section 34A or 47ZA above (its “fixed penalty receipts”) only for the purposes of—
(a) its functions under this Part (including functions relating to the enforcement of offences under this Part); and
(b) such other of its functions as may be specified in regulations made by the appropriate person.
(3) Regulations under subsection (2)(b) above may (in particular) have the effect that a waste collection authority may use its fixed penalty receipts for the purposes of any of its functions.
(4) A waste collection authority must supply the appropriate person with such information relating to its use of its fixed penalty receipts as the appropriate person may require.
(5) The appropriate person may by regulations—
(a) make provision for what a waste collection authority is to do with its fixed penalty receipts—
(i) pending their being used for the purposes of functions of the authority referred to in subsection (2) above;
(ii) if they are not so used before such time after their receipt as may be specified by the regulations;
(b) make provision for accounting arrangements in respect of a waste collection authority’s fixed penalty receipts.
(6) The provision that may be made under subsection (5)(a)(ii) above includes (in particular) provision for the payment of sums to a person (including the appropriate person) other than the waste collection authority.
(7) Before making regulations under this section, the appropriate person must consult—
(a) the waste collection authorities to which the regulations are to apply;
(b) such other persons as the appropriate person thinks fit.
(8) Regulations under this section may make different provision for different purposes (including different provision in relation to different authorities or different descriptions of authority).
(9) The powers to make regulations conferred by this section are, for the purposes of subsection (1) of section 100 of the Local Government Act 2003, to be regarded as included among the powers mentioned in subsection (2) of that section.”
In section 108 of the Environment Act 1995 (c. 25) (powers of enforcing authorities etc), in subsection (15), in the definition of “pollution control functions” in relation to a waste collection authority, for “conferred on it by section 59” substitute “conferred or imposed on it by or under Part 2”.
(1) The appropriate person may by regulations make provision requiring persons of a specified description—
(a) to prepare plans for the management and disposal of waste created in the course of specified descriptions of works involving construction or demolition;
(b) to comply with such plans.
(2) Descriptions of works that may be specified under subsection (1)(a) include in particular description by reference to the cost or likely cost of such works.
(3) Regulations under this section may make supplementary and incidental provision, including in particular provision as to—
(a) the circumstances in which plans must be prepared;
(b) the contents of plans;
(c) enforcement authorities in relation to plans and the powers of such authorities;
(d) the keeping of plans and their production to enforcement authorities;
(e) offences in relation to a failure to comply with a requirement under the regulations;
(f) penalties for those offences;
(g) the discharging of liability for an offence under the regulations by the payment of a fixed penalty to an enforcement authority;
(h) the uses to which such payments may be put by enforcement authorities.
(4) Regulations under this section may make different provision for different purposes.
(5) Regulations under this section making provision under subsection (3)(h) may in particular make different provision relating to different enforcement authorities or different descriptions of enforcement authority (including provision framed by reference to performance categories under section 99(4) of the Local Government Act 2003 (c. 26)).
(6) Regulations under this section are to be made by statutory instrument.
(7) A statutory instrument containing regulations made by the Secretary of State under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(8) The appropriate person may give guidance to persons who are enforcement authorities under subsection (3)(c) in relation to the powers conferred on them under that provision.
(9) In this section—
“appropriate person” means—
in relation to works in England, the Secretary of State;
in relation to works in Wales, the National Assembly for Wales;
“specified” means specified in regulations under this section.