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Statutory Instruments of the Scottish Parliament
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Controlled Waste (Fixed Penalty Notices) (Scotland) Order 2004 No. 426
URL: http://www.bailii.org/scot/legis/num_reg/2004/20040426.html
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| Made | 29th September 2004 | ||
| Laid before the Scottish Parliament | 30th September 2004 | ||
| Coming into force | 5th November 2004 |
The Scottish Ministers in exercise of the powers conferred by section 33A(8) of the Environmental Protection Act 1990 ("the 1990 Act")[1], and of all other powers enabling them in that behalf, hereby make the following Order:
Citation and commencement
1. This Order may be cited as the Controlled Waste (Fixed Penalty Notices) (Scotland) Order 2004 and shall come into force on 5th November 2004.
Form of notice
2. A notice offering the opportunity, by paying a fixed penalty, of discharging any liability to conviction for an offence committed under section 33(1)(a) or (c) of the 1990 Act shall be in the form prescribed in the Schedule to this Order.
ROSS FINNIE
A member of the Scottish Executive
St Andrew's House, Edinburgh
29th September 2004
Alleged offender:
Address:
I, [2], an authorised officer/a constable (delete as necessary) of [3] have reason to believe that on [4] you committed an offence, under section 33(1)[5] of the Environmental Protection Act 1990, at [6]. This notice offers you the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty. The circumstances alleged to constitute the offence are as follows:
No proceedings will be taken for this offence before the expiration of fourteen days following the date of this notice. You will not be liable to conviction for the offence if you pay the fixed penalty during that period of fourteen days.
The amount of the fixed penalty is [7]. It may be paid to [8] at the following address: [9].
Payment may be made by pre-paying and posting to [10] at [11] a letter containing the amount of the penalty. Payment may be in cash, or by a cheque, postal order or money order made payable to [12]. (If you are sending cash you are advised to send it by registered post). Payment made in this way will be regarded as having been made at the time at which the letter would be delivered in the ordinary course of post. Alternatively, payment may be made in person or by any other method.
Signature of authorised officer or constable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Letter which may be used for payment by post
I enclose with this letter the amount of , being the fixed penalty for an offence under section 33(1) of the Environmental Protection Act 1990.
Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name in Capitals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(This note is not part of the Order)
This Order prescribes the form of notices under section 33A of the Environmental Protection Act 1990. Notices under section 33A may be given by an authorised officer of a local authority; a constable, or an authorised officer of a waste regulation authority (SEPA) to a person who that authorised officer has reason to believe has committed an offence under section 33(1)(a) or (c) of that Act. The effect of giving the notice is that no proceedings shall be instituted for the offence before the expiration of fourteen days following the date of the notice, and that a person who pays the fixed penalty within that period shall not be convicted of the offence.
Notes:
[1] 1990 c.43; section 33A was inserted by the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), section 55.back
[2] Insert name of authorised officer or constable.back
[3] Insert name of local authority, SEPA or, as the case may be, police force.back
[4] Insert date on which offence is alleged to have been committed.back
[5] Insert whether this is a contravention of section 33(1)(a) or 33(1)(c) of the 1990 Act.back
[6] Insert place where offence is alleged to have been committed.back
[7] Insert amount of £50, or any different amount for the time being specified by the Scottish Ministers under section 33A(10) of the 1990 Act.back
[8] Insert details of the person to whom the fixed penalty is to be paid.back
[9] Insert address at which payment is to be made.back
[10] Insert details of the person to whom the fixed penalty is to be paid.back
[11] Insert address at which payment is to be made.back
[12] Insert details of the person to whom the fixed penalty is to be paid.back
ISBN 0 11 069269 1