Q&As

What powers do local authorities in England and Wales have to issue a fixed penalty notice for a breach of an abatement notice served under section 80 of the Environmental Protection Act 1990? Does a local authority need to adopt a statutory provision before being able to issue such a fixed penalty notice to a commercial organisation?

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Produced in partnership with Jamas Hodivala of Matrix Chambers
Published on LexisPSL on 11/02/2020

The following Corporate Crime Q&A produced in partnership with Jamas Hodivala of Matrix Chambers provides comprehensive and up to date legal information covering:

  • What powers do local authorities in England and Wales have to issue a fixed penalty notice for a breach of an abatement notice served under section 80 of the Environmental Protection Act 1990? Does a local authority need to adopt a statutory provision before being able to issue such a fixed penalty notice to a commercial organisation?

What powers do local authorities in England and Wales have to issue a fixed penalty notice for a breach of an abatement notice served under section 80 of the Environmental Protection Act 1990? Does a local authority need to adopt a statutory provision before being able to issue such a fixed penalty notice to a commercial organisation?

This Q&A relates solely to fixed penalty notices (FPNs) issued in respect of breaches of abatement notices issued pursuant to section 80 of the Environmental Protection Act 1990 (EPA 1990). There are many other statutory powers that local authorities have to issue FPNs for other offences and the relevant legislation must be examined carefully: the Environmental Offences (Fixed Penalties) (England) Regulations 2017, SI 2017/1050 or the Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018, SI 2018/171.

Where a local authority (LA) is satisfied that a statutory nuisance exists, or is likely to recur, it has a duty to issue an

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