Litter Pollution Act 1997
Offence related provisions.
25. — (1) An offence under this Act may be prosecuted by the local authority in whose functional area the offence was committed.
(2) Where a person is convicted of an offence under section 3(4), the court may, in addition to any other penalty that may be imposed for the offence, order that the convicted person pay to the local authority or person who suffered loss in respect of the litter receptacle involved in the commission of the offence, the costs incurred by the local authority or person for the repair or replacement of the receptacle.
(3) Where an offence under this Act which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person who, when the offence was committed, was a director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and be liable to be proceeded against and punished as if guilty of the offence committed by the body corporate.
(4) Where a person is convicted of an offence under this Act in proceedings brought by a local authority, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the local authority the costs and expenses measured by the court, incurred by the local authority in relation to the investigation, detection and prosecution of the offence, and the costs and expenses incurred by the local authority in the collection and disposal of any litter to which the prosecution relates.
(5) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under this Act in proceedings brought by a local authority, it shall provide by order for the payment of the amount of the fine to the local authority and such payment may be enforced by the local authority as if it were due to it pursuant to a decree or order made by the court in civil proceedings.