Citation, commencement and interpretation_I1

1.—(1) These Regulations may be cited as the Household Waste (Fixed Penalty and Penalty Charge) Regulations 2015 and come into force on 15th June 2015.

(2) In these Regulations—

“the 1990 Act” means the Environmental Protection Act 1990 ;

“the 2007 Act” means the London Local Authorities Act 2007 .

Prescribed range of fixed penalties and penalty charges_I2

2.—(1) The amount of a monetary penalty capable of being specified by a waste collection authority under section 46B(1)(a) of the 1990 Act is not less than £60 and not more than £80.

(2) The amount of a penalty charge capable of being set by the borough councils under section 20B(1) of the 2007 Act is not less than £60 and not more than £80.

Lesser amounts of fixed penalties and penalty charges_I3

3.—(1) Where a waste collection authority acting under section 46B(2) of the 1990 Act makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount must not be less than £40.

(2) Where the borough councils acting under section 20B(3) of the 2007 Act make provision for treating a penalty charge as having been paid if a lesser amount is received by the relevant council before the end of a period specified by the borough councils, such lesser amount must not be less than £40.

Appeals against a penalty charge_I4

4. The [^F1Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) Regulations 2022^F1] apply with the modifications specified in the Schedule in relation to appeals to an adjudicator against a decision under section 20A of the 2007 Act to require a person to pay a penalty charge.

Regulation 4

SCHEDULE Modifications to the [^F2Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) Regulations 2022^F2]

Regulations 2 to 6_I5

1. Omit regulations 2 to 6.

Regulation 7_I6

2. For regulation 7, substitute—

Appeals to an adjudicator

7.—(1) Where a borough council serves a final notice under section 20C(5) of the London Local Authorities Act 2007, the person on whom the notice is served may appeal to an adjudicator against the decision to require payment of a penalty charge —

(a)before the end of the period of 28 days beginning with the date of service of the notice; or

(b)within such longer period as an adjudicator may allow.

(2) On an appeal under this regulation, the adjudicator, after considering any representations from the appellant and the borough council, may—

(a)withdraw or confirm the requirement to pay the penalty charge; and

(b)give such directions to the borough council as are appropriate to give effect to that decision including, in a case where the requirement to pay the penalty charge is withdrawn, directions requiring—

(i)the cancellation of the final notice; and

(ii)the refund of such sum (if any) as may have been paid to the borough council in respect of the penalty charge.

(3) The borough council must comply with any direction given to it under paragraph (2).

(4) In the case of an unsuccessful appeal to an adjudicator, payment of the penalty charge must be made before the end of the period of 28 days beginning with the date on which notice of the adjudicator’s decision is served on the appellant.”.

[^F3Regulations 8 to 14

3. Omit regulations 8 to 14.^F3]

Regulation 14

^F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 15

^F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F6Regulation 16

5A. For regulation 16 substitute—

Recovery of sums payable

16. Any amount which is payable under an adjudicator’s decision is, if a county court so orders, recoverable by the person to whom the amount is payable as if it were payable under a county court order.”^F6] .

[^F6Regulation 17

5B. In regulation 17, in paragraph (1), after “proper officer” insert “(within the meaning of paragraph 1(1) of Schedule 1)”. ^F6]

[^F6Regulation 18

5C. In regulation 18(1)—

(a) omit “Part 2, 3 or 4, or”;

(b) after “appeal”, insert “under regulation 7(1)”. ^F6]

[^F7Schedule 1^F7] _I7

6.—(1)[^F8 Schedule 1^F8] is modified as follows.

[^F9 (2) In paragraph 1(1), at the appropriate places insert the following definitions—

““appeal” means an appeal under regulation 7(1);”;

““fax” means the making of a facsimile copy of a document by the transmission of electronic signals;”;

““proper officer” means a member of the administrative staff provided under section 81(4)(a) of the Traffic Management Act 2004 who has been appointed to perform the functions of the proper officer under these Regulations;”;

““register” means the register required to be kept under regulation 17;”^F9] .

(3) In paragraph 1(2)—

(a) in the definition of “the enforcement authority”, for “the enforcement authority”, substitute “the borough council”;

(b) in the definition of “the original representations”, for “ [^F10 regulation 5(1), 8(5) or 11(3) ^F10] ” substitute “ section 20C(3) of the London Local Authorities Act 2007 ”.

[^F11 (3A) In paragraph 2(2), for paragraph (b) substitute—

“(b)the name and address of the appellant;”^F11] .

[^F12 (4) In paragraph 2(4), omit “, 10(2)(a) or 13(2)(a) (as the case may be)”. ^F12]

(5) In paragraph 3(3), for paragraphs (a) to (c), substitute—

“(a)the original representations; and

(b)the relevant final notice.”.

[^F13 (5A) Omit paragraph 2(8).^F13]

(6) In paragraph 4(1), for “the matters referred to in [^F14 regulation 5(2)(b), 8(5) or 11(3) ^F14] , as appropriate in the circumstances”, substitute “the decision under section 20A of the London Local Authorities Act 2007 to require the appellant to pay a penalty charge”.

^F15(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Omit Part 4.