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 KC of Matrix Chambers
Published on: 11 February 2020
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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

Jamas Hodivala
Jamas Hodivala, KC

Jamas' has advised and represented a large number of corporates, based in both the UK and US, which are under investigation by the police, HMRC, Serious Fraud Office, Health & Safety Executive and the Environment Agency. He is often instructed at an early stage of an investigation to advise on the legality of investigatory powers, for example, he acted for the claimant in R (KBR, Inc.) v SFO relating to a US corporate's challenge to the extraterritoriality of a s.2 Notice issued by the SFO, R (Panesar and others) v HMRC on the jurisdiction for a prosecutor to use s.59 proceedings to apply to retain unlawfully seized material and acted for a FTSE-listed UK company to prevent a regulator's retention of LPP material taken by a whistle-blower. He is currently acting for large corporate charged with fraud post-Ivey and also acted for one of the world's main ejection seat manufacturers in HSE v Martin Baker Ltd. He has also represented individuals in bribery and corruption allegations, having acted in R v Majeed and others (Pakistan test match spot-fixing), R v Westfield (Essex cricketer spot-fixing), represented the Sun's Royal Correspondent in R v Larcombe and others, a District Reporter R v Pyatt and others, and also successfully appealed a journalist's conviction in R v France, all prosecuted in separate trials as part of Operation Elveden.

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Jurisdiction(s):
United Kingdom
Key definition:
authorities definition
What does authorities mean?

judicial decisions or opinions of authors of repute used as grounds of statements of law;

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