Littering fixed penalty notices (repealed) EPA 1990 s. 94A
EPA 1990 section 94A, which provided for fixed penalty notices for littering under sections 92C and 94, has been repealed. It is no longer in force.
94A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 of the Environmental Protection Act 1990 has been omitted from the statute book. It originally allowed local authorities to issue fixed penalty notices for failing to comply with a litter clearing notice (under section 92C) or a street litter control notice (under section 94).
Because the section is repealed, no fixed penalty notices can currently be issued under its authority. Any references to section 94A in older documents or legal arguments refer to a provision that no longer applies.
Other provisions in Part IV of the Act still govern litter offences and fixed penalties, such as section 97A (supplementary provisions about fixed penalty notices) and sections 88C–88D (which apply to Scotland only).
When it applies
- A person fails to comply with a litter clearing notice issued under section 92C, and a local authority wants to issue a fixed penalty.
- A person fails to comply with a street litter control notice under section 94, and a fixed penalty is considered.
- A local authority attempts to rely on section 94A to enforce a fixed penalty for littering in a public space.
- A person receives a fixed penalty notice that cites section 94A and disputes its validity after the repeal.
What this section does not say
- Littering from a vehicle – that is governed by sections 88C and 88D (Scottish provisions) and not by section 94A.
- The amount of any fixed penalty for littering – section 94A did not set an amount, and the repealed section no longer provides any sum.
- General littering offences under section 87 or 88 – those are separate and not covered by this section.
- Appeals against litter clearing notices – those are covered by section 92B, not by section 94A.
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This page reproduces the text of EPA 1990 s. 94A 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.