The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations (Northern Ireland) 2012
Jurisdiction: Northern Ireland
Commencement: 30th December 2022
Amends: The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations (Northern Ireland) 2012
The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations (Northern Ireland) 2012 prescribe the ranges within which District Councils are allowed to set fixed penalties for environmental offences including littering, dog-fouling, some noise violations, nuisance and abandoned vehicles. It also sets the levels at which the Councils can accept reduced amounts for quick payment (within 14 days).
This Regulation means that for littering and dog-fouling offences which formerly carried a £75 fixed penalty, District Councils will now be able to set this fine between £50 and £80 and will be able to set a quick payment amount at a minimum of £40. For offences which formerly carried a £100 fixed penalty, District Councils will now be able to set this fine between £75 and £110 and will be able to set a quick payment amount at a minimum of £60.
Certain other offences, including those under the Noise Act 1996 and those related to abandoning vehicles are fixed at £100 and £200 respectively with no facility for a district council to specify a different locally applicable amount. These Regulations provide that the smaller quick payment sums will not be less than £60 or £120 respectively.
Regulation 5 revokes the Litter (Fixed Penalty Notices) Regulations (Northern Ireland) 1995, which had prescribed the form of notice which may be given by an authorised officer of a district council to a person who he believes has committed an offence under Article 3(1) of the Litter (Northern Ireland) Order 1994 offering the opportunity of discharging any liability to conviction by payment of a fixed penalty.
There are no requirements for businesses.
The fixed penalties for environmental offences are updated as follows.
- The fixed penalty for a dog-fouling or littering offence under Article 6(6A)(a) of The Litter (Northern Ireland) Order 1994 or Section 44(1)(a) of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 has increased. A district council may now issue a penalty between £50 and £200.
- A fixed penalty is added for a dog-fouling offence listed in Schedule 2, 3, 4 or 5 of The Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations (Northern Ireland) 2012. A district council may issue a penalty between £50 and £80.
There are no changes to duties for organisations.
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