The Litter (Fixed Penalty Notices) Order 1991

The Secretary of State for the Environment, as respects England, the Secretary of State for Wales, as respects Wales, and the Secretary of State for Scotland, as respects Scotland, in exercise of the powers conferred on them by section 88(5) of the Environmental Protection Act 1990[^f00001] and of all other powers enabling them in that behalf, hereby make the following Order:–

1

This Order may be cited as the Litter (Fixed Penalty Notices) Order 1991 and shall come into force on 13th February 1991.

2

A notice offering the opportunity of discharging any liability to conviction for an offence committed under section 87 of the Environmental Protection Act 1990 by payment of a fixed penalty shall be in the form prescribed in the Schedule to this Order.

SCHEDULE — OFFENCE OF LEAVING LITTER NOTICE OF OPPORTUNITY TO PAY FIXED PENALTY

Signed

Michael Heseltine — Secretary of State for the Environment — 1991-01-23

David Hunt — Secretary of State for Wales — 1991-01-23

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 1991-01-24

Explanatory note

(This note is not part of the Order)

This Order prescribes the form of notices under section 88 of the Environmental Protection Act 1990. Notices under section 88 may be given by an authorised officer of a litter authority to a person who he has reason to believe has committed an offence under section 87 of that Act (offence of leaving litter). The effect of giving the notice is that no proceedings shall be instituted for the offence before the expiration of fourteen days following the date of the notice, and that a person who pays the fixed penalty within that period shall not be convicted of the offence.

Footnotes

[^f00001]: 1990 c. 43.

Editorial notes

[^key-735ea9cd9e1fec0b25eaa3189fa041c2]: Art. 1 in force at 13.2.1991, see art. 1

[^key-2f639be809a049ca1a01ea2cdd288277]: Art. 2 in force at 13.2.1991, see art. 1

[^key-341bf86e76e92e2491e34a56b5b9d209]: Sch. in force at 13.2.1991, see art. 1

[^key-1e94390dbdc8f01c99572a4657601206]: Order revoked (S.) (5.11.2004) by The Litter (Fixed Penalty Notices) (Scotland) Order 2004 (S.S.I. 2004/427), art. 3, reg. 1(1); and revoked (E.) (16.12.2005) by The Litter (Fixed Penalty Notices) Order 1991 and the Dog Fouling (Fixed Penalties) Order 1996 (Revocation) (England) Order 2005 (S.I. 2005/3223), arts. 1(b), 2(a)