
1 

(1) These Regulations may be cited as the Environmental Offences (Fixed Penalties) (England) Regulations 2017.
(2) These Regulations (except regulation 5) come into force on 1st April 2018.
(3) Regulation 5 comes into force on 1st April 2019.
(4) Regulation 4 ceases to have effect at the end of 31st March 2019.
2 
The amount of a fixed penalty capable of being specified by a local authority under section 74(2)(a) of the Clean Neighbourhoods and Environment Act 2005 is not less than £50 and not more than £80.
3 
The amount of a fixed penalty capable of being specified by any of the following under the corresponding section is not less than £75 and not more than £110—
(a) a waste collection authority under section 47ZB(2)(a) of the Environmental Protection Act 1990 in respect of an offence under section 47 of that Act;
(b) a local authority under section 8A(2)(a) of the Noise Act 1996.
4 
The amount of a fixed penalty capable of being specified by any of the following under the corresponding section is not less than £50 and not more than £150—
(a) a principal litter authority under section 88(6A)(a) of the Environmental Protection Act 1990;
(b) a principal litter authority under paragraph 7(4)(a) of Schedule 3A to the Environmental Protection Act 1990;
(c) a relevant local authority under section 43A(1)(a) of the Anti-social Behaviour Act 2003.
5 

(1) The amount of a fixed penalty capable of being specified by either of the following under the corresponding section is not less than £65 and not more than £500—
(a) a principal litter authority under section 88(6A)(a) of the Environmental Protection Act 1990;
(b) a relevant local authority under section 43A(1)(a) of the Anti-social Behaviour Act 2003.
(2) The amount of a fixed penalty capable of being specified by a principal litter authority under paragraph 7(4)(a) of Schedule 3A to the Environmental Protection Act 1990 is not less than £65 and not more than £150.
6 

(1) For subsection (6A)(b) of section 88 (fixed penalty notices for leaving litter) of the Environmental Protection Act 1990 substitute—“
(b) if no amount is so specified, is—
(i) in England, £100, or
(ii) in Wales, £75.”.
(2) For paragraph 7(4)(b) of Schedule 3A (free distribution of printed matter on designated land) of that Act substitute—“
(b) if no amount is so specified, is—
(i) in England, £100, or
(ii) in Wales, £75.”.
7 
For subsection (1)(b) of section 43A (amount of penalty for graffiti and fly-posting) of the Anti-social Behaviour Act 2003 substitute—“
(b) if no amount is so specified, is—
(i) in England, £100, or
(ii) in Wales, £75.”.
8 
Where any of the following makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than £50—
(a) a litter authority acting under section 88(7) of the Environmental Protection Act 1990;
(b) a principal litter authority acting under paragraph 7(5) of Schedule 3A to the Environmental Protection Act 1990;
(c) a relevant local authority acting under section 43A(3) of the Anti-social Behaviour Act 2003;
(d) a local authority acting under section 74(3) of the Clean Neighbourhoods and Environment Act 2005.
9 
Where any of the following makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than £60—
(a) a waste collection authority acting under section 47ZB(3) of the Environmental Protection Act 1990 in respect of an offence under section 47 of that Act;
(b) a local authority acting under section 8A(3) of the Noise Act 1996;
(c) a local authority acting under section 6(10) of the Clean Neighbourhoods and Environment Act 2005.
10 
Where a local authority acting under section 2A(10) of the Refuse Disposal (Amenity) Act 1978 makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than £120.
11 
Where any of the following makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than £180—
(a) a regulation authority acting under section 5B(11) of the Control of Pollution (Amendment) Act 1989;
(b) an enforcement authority acting under section 34A(11) of the Environmental Protection Act 1990.
12 
Before a parish or community council may authorise a person to give notices under any of the following sections the person must successfully complete a course of training suitable for equipping the person to give notices under those sections—
(a) section 88(1) of the Environmental Protection Act 1990;
(b) section 43(1) of the Anti-social Behaviour Act 2003.
13 

(1) The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007 are revoked except for—
(a) regulation 1 (title, application and commencement);
(b) regulation 2(2)(b) (which specifies the range for fixed penalties for offences in respect of litter clearing and street litter control notices);
(c) regulation 3(2)(b) (which specifies the lesser amount for fixed penalties for offences in respect of litter clearing and street litter control notices).
(2) The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Amendment) Regulations 2012 are revoked.
Thérèse Coffey
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
30th October 2017