New UK Environmental Protection Legislation: Fixed Penalty Notices for Injurious Articles in Scotland
Introduction
On February 7, 2025, the Environmental Protection (Injurious Articles) (Fixed Penalty Notices and Miscellaneous Amendments) (Scotland) Regulations 2025 (the “Regulations”) came into force in Scotland. These Regulations introduce new powers for enforcing the environmental protection legislation relating to injurious articles.
Background
Injurious articles are defined as articles that may cause harm to the environment or human health. Examples of injurious articles include litter, asbestos, and certain hazardous substances. The Environmental Protection Act 1990 (the “Act”) provides the legislative framework for controlling the disposal and handling of injurious articles in the United Kingdom.
Key Provisions of the Regulations
- Fixed Penalty Notices (FPNs): The Regulations introduce new powers for authorized officers to issue FPNs for offenses related to injurious articles. FPNs are monetary penalties that can be issued instead of prosecuting a case in court. The maximum penalty for an FPN is £500.
- Offenses: FPNs can be issued for a range of offenses, including:
- Leaving injurious articles in designated clean zones
- Failing to dispose of injurious articles properly
- Dumping injurious articles on land or in watercourses
- Miscellaneous Amendments: The Regulations also make a number of miscellaneous amendments to the Act, including:
- Clarifying the definition of “injurious articles”
- Amending the powers of authorized officers to search and seize injurious articles
- Expanding the powers of the Scottish Environment Protection Agency (SEPA) to investigate and enforce offenses related to injurious articles
Enforcement
The Regulations are enforced by authorized officers from local authorities and SEPA. Authorized officers have the power to:
- Issue FPNs for offenses related to injurious articles
- Search and seize injurious articles
- Investigate and enforce offenses related to injurious articles
Significance
The introduction of FPNs for offenses related to injurious articles is a significant step in strengthening environmental protection in Scotland. The Regulations provide authorized officers with additional enforcement tools to tackle littering and other harmful disposal practices.
Conclusion
The Environmental Protection (Injurious Articles) (Fixed Penalty Notices and Miscellaneous Amendments) (Scotland) Regulations 2025 are a welcome addition to the environmental protection legislation in Scotland. These Regulations will help to reduce littering, protect human health, and preserve the environment.
The Environmental Protection (Injurious Articles) (Fixed Penalty Notices and Miscellaneous Amendments) (Scotland) Regulations 2025
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