Fixed penalty notice procedure - EPA 1990 s.46C
Notice of intent and final notice procedure for fixed penalties under s.46A: 28-day period for representations before final notice.
46C Before requiring a person to pay a fixed penalty under section 46A, an authorised officer must serve on the person notice of intention to do so (a “notice of intent”) in accordance with subsections (2) to (4). A notice of intent must contain information about— the grounds for proposing to require payment of a fixed penalty, the amount of the penalty that the person would be required to pay, and the right to make representations under subsection (3). A person on whom a notice of intent is served may make representations to the authorised officer as to why payment of a fixed penalty should not be required. Representations under subsection (3) must be made within the period of 28 days beginning with the day service of the notice of intent is effected. In order to require a person to pay a fixed penalty under section 46A, an authorised officer must serve on the person a further notice (the “final notice”) in accordance with subsections (6) to (8). A final notice may not be served on a person by an authorised officer before the expiry of the period of 28 days beginning with the day service of the notice of intent on the person was effected. Before serving a final notice on a person, an authorised officer must consider any representations made by the person under subsection (3). The final notice must contain information about— the grounds for requiring payment of a fixed penalty, the amount of the penalty, how payment may be made, the period within which payment is required to be made (which must not be less than the period of 28 days beginning with the day service of the final notice is effected), any provision giving a discount for early payment made by virtue of section 46B(2), the right to appeal under section 46D, and the consequences of not paying the penalty.
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 out the two-step process that an authorised officer must follow before requiring a person to pay a fixed penalty under section 46A. First, the officer must serve a 'notice of intent' on the person. That notice must state the grounds for proposing the penalty, the amount, and the person's right to make written representations within 28 days of being served. The officer cannot yet demand payment.
After the 28‑day period ends, the officer must consider any representations that were made. Only then may the officer serve a 'final notice' that requires payment. The final notice must include the grounds, the amount, how to pay, the payment deadline (at least 28 days from service), any early‑payment discount, the right to appeal under section 46D, and the consequences of not paying. No payment is due until the final notice is served.
When it applies
- A householder receives a notice of intent because they put out the wrong bin on collection day and wants to explain why.
- A business owner receives a final notice after failing to respond to a notice of intent about improper waste storage.
- A person makes written representations within 28 days of the notice of intent, and the officer considers them before deciding to issue a final notice.
- Someone claims they never received the notice of intent and therefore had no opportunity to make representations before the final notice arrived.
What this section does not say
- The amount of the fixed penalty – that is set out in section 46B.
- The right to appeal against a final notice – that is dealt with in section 46D.
- The circumstances that trigger a penalty under section 46A (the substantive offence).
- The details of any discount for early payment – that is provided for by section 46B(2).
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This page reproduces the text of EPA 1990 s. 46C 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.