Waste Management Act 1996

10B

F39 [ Fixed payment notice for certain offences relating to waste collection permit

10B. (1) Where an authorised person has reasonable grounds for believing that a person has committed an offence under section 34(1)(c) , in so far as the offence consists of contravention of a condition attached, under section 34(7)(d) , to a waste collection permit, the authorised person may give to the person a notice in writing (in this Act referred to as a fixed payment notice ) in the prescribed form stating that

(a) the person is alleged to have committed that offence,

(b) the person may, during the period of 21 days beginning on the date of the notice make to the local authority concerned at the address specified in the notice a payment of 500 in respect of that offence, accompanied by the notice,

(c) the person is not obliged to make the payment specified in the notice, and

(d) a prosecution of the person to whom the notice is given in respect of the offence will not be instituted during the period of 21 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that offence will be instituted.

(2) Where a fixed payment notice is given

(a) the person to whom it applies may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned, at the address specified in the notice, the payment specified in the notice accompanied by the notice,

(b) the local authority concerned shall receive the payment and shall, upon receipt of the payment, issue a receipt for it and any payment so received shall not be recoverable by the person who made it and the local authority shall retain the money for disposal in accordance with subsection (4) , and

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In proceedings for an offence under section 34(1)(c) , in so far as the offence consists of contravention of a condition attached, under section 34(7)(d) , to a waste collection permit, it shall be a defence for the defendant to prove that he or she has made a payment, in accordance with this section, pursuant to a fixed payment notice issued in respect of that offence.

(4) Moneys received by a local authority pursuant to the giving of a fixed payment notice shall be lodged to the credit of the local fund maintained by the local authority concerned pursuant to, and in accordance with, section 97 of the Local Government Act 2001 and expended in accordance with that section. ]

Annotations:

Amendments:

F39

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 36, S.I. No. 358 of 2015.

Editorial Notes:

E103

The section heading is taken from the amending section in the absence of one included in the amendment.

E104

Form prescribed for purposes of subs. (1) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 38 and sch. 9, as inserted (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016), reg. 2(t) and (w).