The Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2024

Amendments to Part 2 of the Environmental Protection Act 1990

2.  Part 2 of the Environmental Protection Act 1990 (waste on land)(1) is amended as follows—

(a)after section 73 (appeals and other provisions relating to legal proceedings and civil liability)(2), insert—

“73ZA.    Use of fixed penalty receipts: England

(1) The Environment Agency must pay amounts received by it under section 34ZA or 34A(3) to the Secretary of State.

(2) A waste collection authority(4) may use its fixed penalty receipts under section 33ZA(5) 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)(6),

(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)(7), 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(8) 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(9) 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)(10)—

(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.”.