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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Environmental Offences (Use of Fixed Penalty Receipts) Regulations 2007 No. 901 URL: http://www.bailii.org/uk/legis/num_reg/2007/20070901.html |
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| Made | 15th March 2007 | ||
| Coming into force | 6th April 2007 |
Use of fixed penalty receipts: specification of other qualifying functions
2.
—(1) If an authority in relation to which section 96 of the Clean Neighbourhoods and Environment Act 2005 applies is categorised as "excellent", "good", "4 stars", "3 stars" or "2 stars" in a categorisation Order, any functions of that authority (in addition to those already specified in that section) are "qualifying functions" of the authority for the purposes of which it may use its fixed penalty receipts.
(2) In this regulation and in regulation 3, a "categorisation Order" means an Order as may from time to time be made by the Secretary of State under section 99(4) of the Local Government Act 2003.
Use of fixed penalty receipts: transitional arrangement
3.
If an authority in relation to which section 96 of the Clean Neighbourhoods and Environment Act 2005 applies ceases to be categorised as "excellent", "good", "4 stars", "3 stars" or "2 stars" in a categorisation Order, regulation 2(1) is to continue to apply to it for a period of one year from the date on which that cessation comes into effect as though that authority were still categorised as "excellent", "good", "4 stars", "3 stars" or "2 stars".
Use of fixed penalty receipts by parish councils
4.
—(1) A parish council may use any amounts it receives in pursuance of notices under—
only for the purposes of its qualifying functions.
(2) The following are qualifying functions for the purposes of this regulation—
(3) A parish council must supply the Secretary of State with any information that he requires in relation to any amounts specified in paragraph (1) that it receives.
(4) In this regulation and in regulation 5, a "Quality parish council" is one that is approved as such by the Secretary of State.
(5) The Secretary of State shall publish, in such manner, and at such intervals, as he shall determine, a list of the parish councils approved as Quality parish councils.
Use of fixed penalty receipts by parish councils: transitional arrangement
5.
If any parish council which is approved as a Quality parish council ceases to be so approved, the other functions referred to in regulation 4(2)(d) are to continue to be qualifying functions of that parish council for a period of one year from the date on which that cessation comes into effect as though that parish council were still approved as a Quality parish council.
Revocation
6.
The Environmental Offences (Use of Fixed Penalty Receipts) Regulations 2006[5] are revoked.
Ben Bradshaw
Minister of State Department for Environment, Food and Rural Affairs
15th March 2007
for its functions under those sections and, in relation to dog control orders, to its functions under the rest of Part 1 of Chapter 6 of the 2005 Act. A parish council that is approved as a Quality parish council may, in addition, use such amounts it receives for the purpose of any other of its functions. A Quality parish council is one that is approved as such by the Secretary of State.
If such a parish council ceases to be approved as a Quality parish council, the Regulations make transitional provisions (regulation 5).
A full regulatory impact assessment of the effect of the Clean Neighbourhoods and Environment Bill was prepared, and was deposited in the libraries of both Houses of Parliament; copies of it are available from the Department for Environment, Food and Rural Affairs, Ashdown House, 123 Victoria Street, London SW1E 6DE.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
[2] 2003 c.26. It is provided by section 96(10) of the Clean Neighbourhoods and Environment Act 2005 that the powers to make regulations conferred by section 96 of that Act are, for the purposes of section 100(1) of the Local Government Act 2003, to be regarded as included among the powers mentioned in section 100(2) of the 2003 Act.back
[3] 1990 c.43; section 88(9)(f), as amended by section 19(1) and (4) of the Clean Neighbourhoods and Environment Act 2005, includes parish councils in the list of authorities defined as "litter authorities", the authorised officers of which are empowered to issue fixed penalty notices under that section.back
[4] 2003 c.38; by virtue of qualifying as a litter authority for the purposes of section 88 of the Environmental Protection Act 1990, a parish council is also a local authority the authorised officers of which are empowered to issue fixed penalty notices under section 43 of the Anti-social Behaviour Act 2003; see section 47(1) of the 2003 Act.back
