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Environmental Protection Act 1990
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Environmental Protection Act 1990, Section 88B is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 30(4A) inserted by 2021 c. 30 s. 57(2)
- s. 33ZB(10A) inserted by 2021 c. 30 s. 69(3)(b)
- s. 34ZB(8A) inserted by 2021 c. 30 s. 69(5)(b)
- s. 45A-45AZG substituted for s. 45A by 2021 c. 30 s. 57(4)
- s. 46(2)(a)(b) substituted for words by 2021 c. 30 s. 57(5)
- s. 106A inserted by 2023 c. 6 s. 41(2)
- s. 161(2AA)(2AB) inserted by 2016 anaw 3 s. 69(4)
[F188BGuidance on littering enforcement in England and WalesE+W
(1)The appropriate person may issue guidance to litter authorities on the exercise of littering enforcement functions by those authorities and authorised officers of those authorities.
(2)A litter authority must have regard to that guidance when exercising any of its littering enforcement functions.
(3)The appropriate person may revise any guidance issued under this section at any time.
(4)Before issuing guidance, or revised guidance, under this section the appropriate person must consult such persons as the appropriate person thinks appropriate.
(5)The Secretary of State must lay before Parliament and publish guidance, and any revised guidance, issued by the Secretary of State under this section.
(6)The Welsh Ministers must lay before Senedd Cymru and publish guidance, and any revised guidance, issued by the Welsh Ministers under this section.
(7)In this section—
“authorised officer”, in relation to a litter authority, means a person who is an authorised officer in relation to that authority for the purposes of—
(a)section 88 (fixed penalty notices for littering, see subsection (10) of that section),
(b)section 88A (fixed penalty notices for littering from vehicles in England, see subsection (4) of that section), or
(c)Schedule 3A (distribution of free printed matter, see paragraph 8 of that Schedule);
“littering enforcement function” means—
(a)any function of a litter authority, or of an authorised officer of that authority, conferred by or under sections 87 to 88A or Schedule 3A, or
(b)any function exercised for purposes connected with any of those sections or that Schedule.]
Textual Amendments
F1S. 88B inserted (1.4.2023 for E.) by Environment Act 2021 (c. 30), ss. 68(3), 147(3)(4) (with s. 144); S.I. 2023/381, reg. 2(a)
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