Littering from Vehicles Bill (HL Bill 38)




Introduce a civil penalty for littering from vehicles and to require local
authorities to publish details of contracts relating to litter clearance.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Part 1 Littering from vehicles

1 Civil penalty for littering from vehicles

(1) A littering contravention in relation to a vehicle occurs when a person inside
5the vehicle acts in contravention of section 87 of the Environmental Protection
Act 1990 (offence of leaving litter).

(2) A civil enforcement officer may impose a civil penalty if a littering
contravention under subsection (1) has taken place.

(3) The registered keeper of the vehicle shall for the purposes of section 87 of the
10Environmental Protection Act 1990 be treated as knowingly causing the
littering contravention whether or not he gave any instructions for this to be
done and shall be the recipient for a civil penalty under subsection (2).

(4) A civil penalty is not payable under this section by the owner of a vehicle if that
vehicle is—

(a) 15a public service vehicle, within the meaning of the Public Passenger
Vehicles Act 1981;

(b) a hackney carriage licensed under the Town Police Clauses Act 1847 or
the Metropolitan Public Carriage Act 1869;

(c) a vehicle licensed under section 48 of the Local Government
20(Miscellaneous Provisions) Act 1976 (licensing of private hire vehicles);

and the person acting in contravention under this section is a passenger in that

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(5) The amount of a civil penalty under subsection (2) is to be specified in

(6) The procedure for imposing a civil penalty on a person and for recovery of
costs is to be set out in regulations.

(7) 5The regulations must, in particular, require the responsible authority to give
the person written notice specifying—

(a) the amount of the penalty,

(b) the reasons for imposing it, and

(c) the date by which and manner in which it is to be paid.

(8) 10Regulations may—

(a) give a person on whom a civil penalty is imposed a right to appeal
against the decision to an adjudicator;

(b) specify the grounds on which a person may request an appeal;

(c) specify the time within which a person must request an appeal;

(d) 15make provision for and in connection with the appointment of

(e) make further provision about appeals (including provision as to the
powers available on an appeal).

2 Identification of registered keeper

20The registered keeper of the vehicle for the purposes of section 1 shall be taken
to be the person in whose name the vehicle was registered under the Vehicle
Excise and Registration Act 1994 at the time of the contravention.

3 Civil enforcement officers

A civil enforcement officer under section 1 must be—

(a) 25an individual employed by the responsible authority, or

(b) where the authority has made arrangements with any person for the
purposes of this section, an individual employed by that person to act
as a civil enforcement officer.

4 Definition of a vehicle

30A vehicle for the purposes of this Act is a a motor vehicle as defined in section
185(1) of the Road Traffic Act 1988.

Part 2 Publication of contracts

5 Publication of contracts relating to litter collection

35A responsible authority shall, at least once in each financial year, publish the
following information—

(a) the names of any organisations with which it has contracted to collect
litter on its behalf;

(b) the amount paid to the organisation for this service;

(c) 40the geographical areas covered by the contract; and

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(d) performance monitoring data related to the contract, including the
responsible authority’s assessment.

Part 3 Miscellaneous

6 5Definition of a responsible authority

A responsible authority for the purposes of this Act is any authority which has
a duty under section 89(1) of the Environmental Protection Act 1990, and is
responsible for the road on which a contravention under section 1 occurred.

7 Commencement, short title and extent

(1) 10This Act may be cited as the Littering from Vehicles Act 2012.

(2) This Act extends to England.

(3) This Act shall enter into force on Royal Assent.