Fixed penalty notices for litter (EPA 1990 s. 88)
EPA 1990 s. 88: fixed penalty notice for litter; £100 (England) or £75 (Wales); pay within 14 days to avoid conviction. Officer may require name and address.
Where on any occasion an authorised officer of a litter authority finds a person who he has reason to believe has on that occasion committed an offence under section 87 above in the area of that authority, he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty. Where a person is given a notice under this section in respect of an offence— no proceedings shall be instituted for that offence before the expiration of fourteen days following the date of the notice; and he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period. A notice under this section shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state— the period during which, by virtue of subsection (2) above, proceedings will not be taken for the offence; the amount of the fixed penalty; and the person to whom and the address at which the fixed penalty may be paid; and, without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise). Where a letter is sent in accordance with subsection (3) above payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post. The form of notices under this section shall be such as the Secretary of State may by order prescribe. The fixed penalty payable in pursuance of a notice under this section is payable to the litter authority whose authorised officer gave the notice. The amount of a fixed penalty payable in pursuance of a notice under this section— is the amount specified by a principal litter authority in relation to its area (whether the penalty is payable to that or another authority), or if no amount is so specified, is— in England, £100, or in Wales, £75. The reference in subsection (6A) above to a principal litter authority does not include an English county council for an area for which there is also a district council. The litter authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority. In any proceedings a certificate which— purports to be signed by or on behalf of— in England and Wales, the chief finance officer of the litter authority; or in Scotland, the proper officer; and states that payment of a fixed penalty was or was not received by a date specified in the certificate, shall be evidence of the facts stated. If an authorised officer of a litter authority proposes to give a person a notice under this section, the officer may require the person to give him his name and address. A person commits an offence if— he fails to give his name and address when required to do so under subsection (8A) above, or he gives a false or inaccurate name or address in response to a requirement under that subsection. A person guilty of an offence under subsection (8B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale. For the purposes of this section the following are “ litter authorities ”— any principal litter authority, other than an English county council , a regional council or a joint board; any English county council , regional council or joint board designated by the Secretary of State, by order, in relation to such area as is specified in the order (not being an area in a National Park); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Broads Authority. a parish or community council. In this section— “ authorised officer ”, in relation to a litter authority, means— an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under this section; any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function; and any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices; “ chief finance officer ”, in relation to a litter authority, means the person having responsibility for the financial affairs of the authority; . . . . . . “ proper officer ” means the officer who has, as respects the authority, the responsibility mentioned in section 95 of the Local Government (Scotland) Act 1973 (financial administration). The appropriate person may by regulations provide that— an authorised officer of a litter authority must meet such conditions as may be prescribed in the regulations; if an authorised officer of a litter authority fails to meet any such condition, the authority must revoke the officer’s authorisation. Regulations under subsection (11) may make different provision for different cases. Before making regulations under subsection (11), the appropriate person must consult such persons as the appropriate person thinks appropriate.
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 lets an authorised officer of a litter authority give a fixed penalty notice to someone they believe has littered. If the person pays the penalty within 14 days, they cannot be convicted of the littering offence. The penalty is £100 in England and £75 in Wales, unless a principal litter authority sets a different amount for its area. The officer can ask for the person's name and address; refusing or giving false details is a separate offence. Payment by post is treated as made when the letter would normally be delivered.
When it applies
- A council enforcement officer sees you drop a cigarette butt and gives you a fixed penalty notice.
- You pay the £75 penalty within 14 days after receiving a notice for littering in Wales.
- A principal litter authority sets a higher fixed penalty amount for its area, and you are given a notice for that amount.
- An officer asks for your name and address after giving you a notice, and you provide them.
What this section does not say
- Littering from a vehicle – this is covered by section 88A (civil penalty regime).
- Appeals against a fixed penalty notice – the section does not provide a right of appeal.
- Noise nuisance – dealt with under sections 79-82 (statutory nuisance).
- The offence of leaving litter itself – that is section 87.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of EPA 1990 s. 88 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.