Amendments by these regulations ring-fence funds raised by fixed penalty notices for certain waste and littering offences.

The funds raised must be used by councils to finance enforcement, land restoration or the clean-up of litter or fly-tipping.

The Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England And Wales) Regulations 2024 amended the Environmental Protection Act 1990, Clean Neighbourhoods and Environment Act 2005, Local Government (Structural Changes) (Further Transitional Arrangements and Staffing) Regulations 2009 and Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 on 1 April 2024.

This legislation applies to England and Wales

What has changed?

Funds raised from Fixed Penalty Notices (FPNs) issued for certain waste and littering offences are now ringfenced for financing enforcement and clean-up functions of councils.

The eligible enforcement functions for the proceeds of FPNs concern:

• Employing authorised officers to issue FPNs for littering, fly-tipping and breaches of the household waste duty of care;
• Costs related to data collection, analysis, publication, equipment procurement, maintenance, and other investigation and enforcement expenses.

Eligible clean-up functions concern:

• Litter and fly-tipping collection and disposal; and
• Land restoration following unlawful waste deposits.

Background

Fixed penalties may be issued for littering, the unauthorised deposit of waste (e.g., fly-tipping) and keeping or managing waste in a way likely to cause pollution or harm human health. Payment of these fixed penalties removes any further liability for conviction for these offences.

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