Setting fixed penalty notice rules EPA 1990 s. 97A
EPA 1990 s. 97A empowers ministers to set regulation ranges and cap fixed penalty amounts for litter clearing and street litter offenses.
97A The appropriate person may by regulations make provision in connection with the powers conferred under— section 88(6A)(a) and (7) above; section 94A(4)(a) and (5) above; paragraph 7(4)(a) and (5) of Schedule 3A. Regulations under subsection (1) may (in particular)— require an amount specified under section 88(6A)(a), 94A(4)(a) or paragraph 7(4)(a) of Schedule 3A to fall within a range prescribed in the regulations; restrict the extent to which, and the circumstances in which, an authority can make provision under section 88(7), 94A(5) or paragraph 7(5) of Schedule 3A. The appropriate person may by order substitute a different amount for the amount for the time being specified in section 88(6A)(b), 94A(4)(b) or paragraph 7(4)(b) of Schedule 3A. Regulations or an order under this section may make different provision for different purposes.
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
Section 97A gives the statutory authority power to make secondary legislation regarding fixed penalty notices issued for litter and related offences under the Environmental Protection Act 1990.
Under this provision, national regulations can establish prescribed financial ranges within which local authorities must set fixed penalty amounts. It also allows national ministers to restrict how local authorities exercise their penalty-setting powers and to substitute statutory penalty amounts directly by order.
When it applies
- The national government issues regulations prescribing the allowable penalty range for littering offences.
- Ministers make an order changing the statutory default amount for a fixed penalty notice.
- Regulations restrict local authorities from setting fixed penalty levels outside a central prescribed framework.
What this section does not say
- The direct issuance of a fixed penalty notice to an offender, governed under section 88 or section 94A.
- Appealing against a litter clearing notice, governed under section 92B.
- The general statutory definition of what constitutes litter, set out in section 98.
Related sections
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This page reproduces the text of EPA 1990 s. 97A 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.