Fixed penalty receipts use: Wales (EPA 1990 s. 73A)
Fixed penalty receipts from waste offences in Wales must be used only for waste functions or as Welsh Ministers specify. They may also regulate accounting.
73A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Natural Resources Body for Wales must pay amounts received by it under section 34ZB or 34A above to the Welsh Ministers. A waste collection authority may use amounts received by it under section ... 33ZB, ... 34ZB, 34A ... or 47ZA above (its “fixed penalty receipts”) only for the purposes of— its functions under this Part (including functions relating to the enforcement of offences under this Part); and such other of its functions as may be specified in regulations made by the Welsh Ministers . Regulations under subsection (2)(b) above may (in particular) have the effect that a waste collection authority may use its fixed penalty receipts for the purposes of any of its functions. A waste collection authority must supply the Welsh Ministers with such information relating to its use of its fixed penalty receipts as the Welsh Ministers may require. The Welsh Ministers may by regulations— make provision for what a waste collection authority is to do with its fixed penalty receipts— pending their being used for the purposes of functions of the authority referred to in subsection (2) above; if they are not so used before such time after their receipt as may be specified by the regulations; make provision for accounting arrangements in respect of a waste collection authority's fixed penalty receipts. The provision that may be made under subsection (5)(a)(ii) above includes (in particular) provision for the payment of sums to a person (including the Welsh Ministers ) other than the waste collection authority. Before making regulations under this section, the Welsh Ministers must consult— the waste collection authorities to which the regulations are to apply; such other persons as the Welsh Ministers think fit. Regulations under this section may make different provision for different purposes (including different provision in relation to different authorities or different descriptions of authority). The powers to make regulations conferred by this section are, for the purposes of subsection (1) of section 100 of the Local Government Act 2003, to be regarded as included among the powers mentioned in subsection (2) of that section. In this section, “ waste collection authority ” means a waste collection authority in Wales.
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 section governs how fixed penalty receipts from waste offences in Wales must be used. The Natural Resources Body for Wales must pay any fixed penalty receipts it receives to the Welsh Ministers. Waste collection authorities (such as local councils) can only spend these receipts on their functions under Part II of the Environmental Protection Act 1990 (waste management) or on other functions that the Welsh Ministers have specified in regulations.
The section also gives the Welsh Ministers power to make regulations about what happens to the money if it is not used quickly, and to require authorities to provide information about how they have spent it. Before making such regulations, the Welsh Ministers must consult the affected waste collection authorities and other relevant persons.
The Welsh Ministers may also make regulations about accounting arrangements for these receipts. The regulations can include provision for the payment of sums to someone other than the waste collection authority, such as the Welsh Ministers themselves.
When it applies
- A waste collection authority in Wales receives fixed penalty fines from someone who illegally dumped waste and wants to use the money to fund a new recycling campaign.
- The Welsh Ministers issue regulations specifying that fixed penalty receipts can be used for street cleaning, beyond waste enforcement.
- A waste collection authority has fixed penalty receipts left over after a year and the Welsh Ministers require it to pay the surplus to them.
- The Natural Resources Body for Wales collects a fixed penalty for a waste offence and must pay the amount to the Welsh Ministers.
- A waste collection authority fails to provide information about its use of fixed penalty receipts when requested by the Welsh Ministers.
What this section does not say
- This section does not set the amount of any fixed penalty – that is covered by the sections that create the penalties (e.g., s.34ZB, s.34A).
- It does not apply to England – only to Wales.
- It does not govern how the Welsh Ministers themselves use the money they receive from fixed penalties.
- It does not create a right for individuals to challenge how their fixed penalty is spent by the authority.
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This page reproduces the text of EPA 1990 s. 73A 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.