Fixed penalty amount and recovery - EPA 1990 s.46B
Fixed penalty amount under s.46A is £60 unless authority specifies a different amount. Allows payment of a lesser amount. Recoverable as civil debt.
46B The amount of the monetary penalty that a person may be required to pay to a waste collection authority under section 46A is— the amount specified by the waste collection authority in relation to the authority's area, or if no amount is so specified, £60. A waste collection authority may make provision for treating a fixed penalty under section 46A as having been paid if a lesser amount is paid before the end of a period specified by the authority. The Secretary of State may by regulations make provision in connection with the powers conferred on waste collection authorities in England under subsections (1)(a) and (2). Regulations under subsection (3) may (in particular)— require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations; restrict the extent to which, and the circumstances in which, a waste collection authority may make provision under subsection (2). The Secretary of State may by order substitute a different amount for the amount for the time being specified in subsection (1)(b). A fixed penalty under section 46A— is recoverable summarily as a civil debt; is recoverable as if it were payable under an order of the High Court or the county court, if the court in question so orders.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision sets the amount of the fixed penalty under section 46A of the Environmental Protection Act 1990. That section deals with written warnings and penalties for failing to comply with requirements for household waste receptacles in England.
The default penalty is £60. However, a waste collection authority can specify a different amount for its area. The authority can also allow the penalty to be treated as paid if a reduced amount is paid before a deadline they set.
The Secretary of State may make regulations about these powers, including requiring amounts to be within a prescribed range. The Secretary of State can also change the £60 default by order.
If the penalty is not paid, it is recoverable summarily as a civil debt. The court may also order it to be payable as if it were under a court order.
When it applies
- A householder in England puts out their bin with mixed recyclables and receives a £60 fixed penalty notice from the waste collection authority.
- A waste collection authority sets a penalty amount higher than £60 and offers a reduced early payment amount.
- A person who failed to pay the penalty receives a court summons for the amount as a civil debt.
- The Secretary of State issues a statutory instrument increasing the default penalty from £60 to a higher figure.
What this section does not say
- This provision does not cover the initial written warning or the procedure for issuing a fixed penalty notice; those are dealt with under section 46A and section 46C.
- It does not cover appeals against a penalty; those are governed by section 46D.
- It does not define what constitutes a proper household waste receptacle; that is in section 46.
- It does not apply to Scotland or Wales except where specifically provided.
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This page reproduces the text of EPA 1990 s. 46B in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.