Litter: Fines
The question
To ask the Secretary of State for Environment, Food and Rural Affairs, what his policy is on outsourced private companies levying fines under section 33 of the Environmental Protection Act 1990 for minor litter breaches.
Answered by Mary Creagh
There is no formal right of appeal against a fixed penalty notice. If an alleged offender does not accept their liability for the offence, there is no requirement on them to pay the fixed penalty. They may have to defend their case in court. As this is an informal process, there are no fixed grounds on which such a challenge may be made.
The Code of Practice on Litter and Refuse states that “as a guideline, a single plastic sack of rubbish should usually be considered fly-tipping rather than litter.” Advisory guidance for local authorities is available on the use of littering enforcement powers which states that fixed penalty notices should only be used for the offence for which they were created. It also explains local authorities remain responsible for the entire enforcement process, even if they choose to use a private enforcement company. Defra is currently considering whether to make this enforcement guidance statutory.
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