Statutory guidance

Litter enforcement powers - when and how to use them

Updated 10 March 2026

Applies to England

This is a draft version of the statutory guidance: litter enforcement powers – when and how to use them which was laid in Parliament on 25 February 2026. It is undergoing Parliamentary procedure and expected to be confirmed as statutory guidance on 6 April 2026.

About this guidance

This guidance is issued under section 88B of the Environmental Protection Act (EPA) 1990.

All litter authorities in England must consider this guidance when using their enforcement powers under or connected to sections 87 to 88A or schedule 3A of the EPA 1990.

It covers best-practice for issuing:  

• fixed penalty notices (FPN) for littering  
• FPNs for the unauthorised distribution of free printed materials 
• civil penalties for littering from vehicles 

Littering normally means improperly discarding any materials and leaving them behind. Examples of litter include discarded drinks cans, chewing gum, apple cores, cigarette butts. Littering is not the same as fly tipping. The code of practice on litter and refuse includes a guideline: a single plastic sack of rubbish and anything larger is usually considered as fly-tipping rather than litter.

For the purposes of enforcement, the following are considered ‘litter authorities’:  

• district councils  
• unitary authorities 
• The Broads Authority 
• national park authorities 
• parish or community councils 

Authorities that outsource litter enforcement to private companies should ensure that the contractor and its employees read this guidance and meet the same standards. 

Authorities are not required by law to consider this guidance for the enforcement of other environmental crimes. For example, fly-tipping, graffiti and fly-posting. However, many of the principles explained in this guidance may be useful.

Aims of this guidance

This guidance aims to help ensure consistent use of enforcement powers. It explains good practice for litter enforcement to help litter authorities to: 

• take proportionate and effective enforcement action 
• influence the behaviour of people who litter 
• deter people from littering 

This guidance replaces “part 1A: enforcement guidance” which was previously published as an annex to the Code of practice on litter and refuse. It also replaces the guidance ‘Parish councils: fixed penalty notices’.

Related guidance

Separate guidance is available on: 

• the household waste duty of care fixed penalty notice 
• other powers such as community protection notices or civil penalties for domestic waste receptacle offences

Councils and other land managers should check any relevant guidance when using their enforcement powers.

1. Litter enforcement action

1.1 Littering and the unauthorised distribution of free printed material are criminal offences according to the EPA 1990. For these offences, enforcing authorities may: 

• bring prosecutions in the magistrates’ courts 
• issue fixed penalty notices (FPNs) 

1.2 The litter authority can decide whether to take enforcement action. Enforcement action is a power, not a duty.

1.3 The aims of enforcement action against environmental offences are to:

• educate the offender 
• change their behaviour 
• deter others from committing the same offence

Fixed penalties

1.4 FPNs can provide enforcing authorities with an effective and visible way of responding to environmental crimes. They provide an alternative to prosecution in the magistrates’ courts. Enforcing authorities are not obliged to offer alleged offenders the option of paying a fixed penalty.  

1.5 A FPN offers an option to discharge liability for an offence (meaning the alleged offender can no longer be prosecuted in court for that specific offence). An alleged offender may choose not to accept or pay a fixed penalty. They can instead choose to defend the case in court. If convicted, they may risk a potentially higher fine and criminal record.

1.6 If an alleged offender does not pay a FPN, the enforcing authority should be prepared to prosecute them for the original offence. Failing to follow up on unpaid fixed penalty notices undermines their effectiveness as an enforcement tool.

1.7 Authorities must ensure they collect sufficient evidence that can be used in court. This evidence must be reliable and credible. Section 14 on ‘Prosecuting Offenders’ provides more details including on using the Single Justice Procedure (SJP). 

1.8 FPNs should only be used for the offence for which they were created. Failing to abide by this rule may make prosecution for the original offence problematic if the case is pursued through the courts. This should happen if a fixed penalty notice goes unpaid. This in turn could create further problems for an authority if it had employed such practices over a period of time.

Civil penalties for littering from vehicles

1.9  English district councils outside London can issue civil penalties (also known as civil penalty notices). These can be issued to a vehicle’s keeper, where litter has been thrown from their vehicle. This power can be used if the person who dropped the litter from the vehicle is not identifiable. It carries no criminal liability. 

1.10 Litter authorities in London may issue a penalty charge notice if a littering offence is committed from a vehicle under Section 24 of the London Local Authorities Act (LLAA) 2007. 

1.11 Civil penalty notices are not an alternative to prosecution. An unpaid civil penalty notice may be recovered by the enforcing authority either:

• as a civil debt 
• under a county court order 

1.12 Unlike a FPN, there is no opportunity for the recipient of a civil penalty to defend their case in court. Authorities must therefore provide a formal process for considering representations and appeals against civil penalties.

Other action

1.13 Other action or education may be more effective and appropriate than formal enforcement action in some cases. For example, an e-learning littering course or completion of a stop-smoking programme in the case of littering cigarette ends.

Community payback

1.14 Community payback (previously known as ‘community service’) is where offenders do unpaid work as part of a community sentence. Courts can offer it as an alternative to a custodial sentence. It therefore cannot form part of a littering conviction. 

1.15 The use of litter-picking, as a part of a community sentence for other crimes, should be considered carefully to avoid creating a perception that anyone seen litter-picking must be serving some form of penalty. This could deter law-abiding citizens from volunteering to take part in these activities.

2. Policy objectives

2.1 Taking proportionate and effective enforcement action against littering can help authorities fulfil their statutory duties to keep relevant land clear of litter and refuse.

Principles

2.2 The following principles of the Regulators’ Code apply to enforcement action carried out by local authorities: 

• regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent 
• regulatory activities should be targeted only at cases in which action is needed

Combining enforcement to change behaviour

2.3 Enforcing authorities are expected to combine enforcement with education to change behaviour. They should balance the need for consistency with an approach that remains targeted and proportionate. A blanket ‘zero-tolerance’ approach when issuing penalties is unlikely to achieve this.

2.4 Enforcement action should not be taken if it would be disproportionate to the offence. Paragraph 9.8 sets out further guidance on when a FPN may not be appropriate. Enforcement action may also be better targeted at specific problem areas or times, rather than applied across a whole local authority area.

2.5 Enforcing authorities should communicate their reasons for using enforcement to the community. They should make it clear that enforcement is about achieving a clean and attractive local environment.

2.6 In no circumstances should enforcement be considered a means to raise revenue. In addition, it is crucial that councils are transparent about why a fixed penalty has been issued and they must be satisfied that the fixed penalty notice in question is appropriate and proportionate to the circumstances. Any perception that enforcement activity is being used intentionally to generate income is likely to undermine the legitimacy of the enforcement regime in the eyes of the local community, which may diminish the deterrent effect.

2.7 Enforcing authorities should not view their enforcement regime in isolation. As well as taking enforcement action, enforcing authorities should aim to reduce the commission of littering through:

• clear, well-designed communications
• education
• the provision, regular emptying and maintenance of bins

2.8 Enforcing authorities should also publish, promote and explain their enforcement policies openly, so that the public can understand their approach. This should include details of:

• the offences against which enforcement action will be taken
• the level of penalty for each offence (particularly following any changes)
• details of any early payment discounts
• arrangements for issuing fixed penalties (for example, by post or electronically)
• policies on enforcement against juvenile offenders
• policies in the event of non-payment
• appeals (if appropriate)
• policies on the use of income from fixed penalties
• what records are kept, and how information associated with enforcement action is used

2.9 Enforcing authorities may also choose to make clear their policies on when a fixed penalty should not be issued.

2.10 Enforcing authorities should explore the benefits of consistent and collaborative approaches to enforcement with neighbouring authorities.

3. Revenue from penalty receipts

3.1 Enforcement activity should never be considered as a way to generate income. This could undermine the legitimacy of enforcement and make it less effective at discouraging littering.

3.2 Enforcing authorities retain penalty receipts from:

• FPNs for littering
• FPNs for the unauthorised distribution of free printed material on designated land
• civil penalties for littering from vehicles

Rules for spending revenue

3.3 There are different rules on spending revenue from these penalty receipts, depending on the enforcing authority and the offence.

Local authorities

3.4 FPN receipts for littering offences must be spent on enforcement against littering or clean-up of littering.

3.5 Enforcement against littering includes:

• employment (either direct or through a third party) of authorised officers and any of the functions of those officers
• enforcement data collection, analysis and publication 
• purchasing equipment to aid enforcement, for example CCTV and signage 
• other related investigation and enforcement costs

3.6 Clean-up of littering includes:

• collecting and disposing of litter and refuse 
• restoration of land affected by littering 
• providing litter-picking equipment to volunteering groups

3.7 Penalty receipts for littering from a vehicle and the unauthorised distribution of free printed material must be spent on any functions relating to:

• litter and refuse
• graffiti
• fly-posting
• controlling and enforcing against the distribution of free literature

Specific uses for penalty receipts by other authorities

3.8 National park authorities can use FPN receipts for their own litter enforcement.

3.9 The Broads authority can use FPN receipts for functions relating to litter and anti-social behaviour.

3.10 Police community support officers (PCSOs) have the power to issue FPNs under the Police Reform Act 2002. They can issue these to individuals they believe have committed a litter offence within the relevant police area. The police must pay receipts from FPNs to their local authority under section 88 of the Environmental Protection Act 1990.

4. Funding enforcement activity

4.1 Enforcement authorities may need to forecast future enforcement revenue for governance purposes. However, the effectiveness of enforcement activity should be measured in terms of improved environmental cleanliness. Authorities should not set targets for revenue or the number of penalties issued.

4.2 Enforcing authorities should run their enforcement operations efficiently, effectively and economically.

4.3 Enforcing authorities must set fixed penalties within the ranges specified in the Environmental Offences (Fixed Penalties) (England) Regulations 2017. They should select an appropriate level to reflect local circumstances, including ability to pay.

Table 1: FPN limits

Offence	Default penalty	Minimum full penalty	Maximum full penalty	Minimum discounted penalty
Littering	£100	£65	£500	£50
Unauthorised distribution of free literature on designated land	£100	£65	£150	£50

Table 2: Civil penalty limits

Contravention	Default penalty	Minimum full penalty	Maximum full penalty	Minimum discounted penalty
Littering from a vehicle	£100	£65	Equivalent to maximum FPN for littering (£500)	£50

5. Training and professionalism

5.1 Enforcement authorities must give their staff the skills, training and guidance to do their jobs effectively. This includes enforcement staff:

• at all levels
• employed either directly by the enforcing authority or by contractors
• carrying out any type of enforcement activity, including office processes

5.2 Training should be seen as a legitimate and important aspect of running costs. It allows staff to give the public a high-quality, professional, efficient, timely and user-friendly service. This enables public confidence and respect.

5.3 It is also a legal requirement for parish council enforcement officers to attend a suitable training course, according to the Environmental Offences (Fixed Penalties) (England) Regulations 2017.

5.4 Enforcement authorities should provide enough staff for their volume of enforcement work.

Contracted enforcement staff

5.5 Authorities can outsource any area of enforcement to private companies. They should ensure the contractor and its employees meet the same standards expected of the authority itself.

Dress code and equipment

5.6 Enforcement officers who are authorised to carry out enforcement activity on an authority’s behalf should be identifiable. For example, from their dress code or a badge.

5.7 They should carry a means for recording evidence to support a fixed penalty or prosecution. For example, an evidence notebook or equivalent electronic device.

5.8 Enforcement officers should also carry identification and evidence of their formal authorisation to issue penalty notices. For example, a warrant card.

5.9 The Police and Criminal Evidence Act 1984 (PACE) is applicable not only to police officers but to anyone with conduct of a criminal investigation. Any person (other than police officers) who are charged with the duty of investigating offences or charging offenders is required to have regard to any relevant provision of the PACE codes of practice.

Enforcement officers who take on additional duties

5.10 Enforcement officers may be authorised to carry out other functions in addition to litter enforcement. For example, parking enforcement duties. Read statutory guidance for local authorities in England on civil enforcement of parking restrictions.

5.11 Enforcement authorities that choose to take this approach must ensure that neither function is compromised through the integration of duties. Income from penalties issued under each function should be kept separate.

5.12 Staff or contractors authorised to issue fixed penalties instead of prosecution for littering need separate written authorisation to issue civil penalties for littering from vehicles.

6. Collecting evidence and standards of proof

6.1 In the case of criminal offences such as littering, successful prosecution requires enough evidence to prove the offender’s guilt beyond reasonable doubt.

6.2 A fixed penalty may be issued where the authorised officer has ‘reason to believe’ that the offence has been committed. However, as the enforcing authority should be prepared to prosecute if the fixed penalty goes unpaid, the evidence should be sufficient to prove the offence beyond reasonable doubt.

6.3 Failure to pursue unpaid penalties will undermine the threat of enforcement, and their effectiveness as a deterrent.

6.4 To issue a civil penalty for littering from a vehicle, enforcement officers must be satisfied that, on the balance of probabilities, litter was both thrown:

• from that vehicle
• on land where the litter authority holds the duty to keep it clear of litter and refuse

Direct observation or reports

6.5 For any littering offence, the enforcing authority will need to provide evidence either from direct observation or report. This must include details of the:

• offence, including a description of the littered items
• date and time
• location
• offender’s name and address
• offender’s age
• offender’s appearance
• weather and light conditions at the time
• enforcement officer’s identification number
• fixed penalty number

6.6 If an offence occurs where litter is thrown or dropped from a vehicle, additional relevant details should be noted. These are used to cross match with the details from the Driver and Vehicle Licensing Agency (DVLA) database. This must include the:

• make of the vehicle
• model
• colour
• vehicle’s registration

6.7 The opening from which the litter was thrown should also be noted when practicable (for example, the driver’s side window).

CCTV and evidence supplied by the public

6.8 Enforcing authorities may take enforcement action using CCTV evidence or evidence supplied by members of the public. This evidence must, in the enforcing authority’s opinion, meet the standards of proof for the offence or contravention in question.

6.9 Evidence of any offence caught on camera by a member of the public usually needs to be supported by a formal witness statement. The witness should normally be prepared to attend any court (or tribunal for civil penalties) to give that evidence verbally. This will avoid any issues of admissibility of evidence.

Retaining evidence

6.10 Any photographs, video footage and notes taken by the enforcement officer about the circumstances should be kept. These can act as further evidence that the offence took place and to help resolve any disputes.

Disclosing evidence

6.11 Enforcing authorities should disclose evidence in line with the (Attorney General’s guidelines on disclosure)[https://www.gov.uk/government/publications/attorney-generals-guidelines-on-disclosure].

7. Keeping records

7.1 To operate a fair and effective enforcement system, enforcing authorities need to keep records of:

• all penalty notices issued, and decisions taken at each stage from issue through to payment or prosecution
• any disputes of liability for the alleged offence, or formal representations against a (civil) penalty notice and any applicable appeal
• the evidence on which each penalty notice is based, if the case goes to court

7.2 Enforcing authorities must ensure that the retention, storage, sharing or disclosure of any personal data is compliant with data protection laws.

8. Issuing fixed penalty notices

8.1 This section relates to an FPN issued under section 88 of the EPA 1990. See section 9 for further information about civil penalties for littering from vehicles.

8.2 An FPN should only be issued when all of the following apply:

• the enforcement officer has reason to believe that an offence has been committed
• a fixed penalty notice is a proportionate response in the circumstances (see the following section for circumstances when an FPN should not be issued)
• there is sufficient evidence of the alleged offender’s guilt to support prosecution if the fixed penalty is unpaid
• the alleged offender has received an adequate explanation of why the FPN is being issued
• the enforcement officer believes that the name and address given by the recipient are correct

8.3 FPNs must be issued to the person alleged to have committed the offence. Where possible, an FPN should be issued on the spot and alleged offenders should be made aware of an offence at the time. If necessary, an FPN can also be issued by post.

What a fixed penalty notice must include

8.4 An FPN must state all of the following:

• the alleged offence – for example, ‘throws down, drops or otherwise deposits any litter in a relevant place, and leaves it’ (littering)
• details about the offence – for example, what sort of litter was dropped
• where and when the offence took place
• the amount of the penalty to be paid (and if there’s a discount for paying early)
• how the penalty can be paid, including that payment may be made in cash by post
• the person to whom and the address at which the fixed penalty may be paid
• the period when proceedings (prosecution) will not be taken for the offence – this must give the recipient at least 14 days from the date of issue, to discharge the offender’s liability to be prosecuted

8.5 An FPN should state how the penalty notice has been issued (in person or by post).

8.6 It should not combine the amount of the fixed penalty with the potential fine that could be imposed by a court if convicted. For littering, an FPN could be up to £500, while the potential fine following conviction could be up to £2,500.

8.7 An FPN can be issued for littering from a vehicle if all the conditions are met. The enforcing authority must be able to identify the specific offender who dropped the litter. If it is not clear who in the vehicle dropped the litter, a civil penalty for littering from a vehicle may be more suitable.

Offenders who challenge their liability

8.8 Some enforcing authorities have a process where alleged offenders can dispute their liability for the offence the FPN relates to. See section 14.12 for details on why enforcing authorities may wish to do this. FPNs should include instructions on how to use that process if it is available, including:

• how, when, and where to send any relevant information
• what happens if the dispute is successful (no further action will be taken and the FPN will be cancelled)
• what happens if the dispute is rejected and the offender does not pay (the offender should be prosecuted, unless the enforcing authority has other compelling reasons to cancel the FPN)
• how to complain

When not to issue a fixed penalty notice

8.9 Fixed penalty notices should not be issued if any of the following apply:

• there is no criminal liability
• enforcement action is inappropriate or would be disproportionate for the offence
• prosecution is more suitable
• if a littering offence is accidental
• if the behaviour in question does not fall within the terms of the offence for which the fixed penalty is available

No criminal liability

8.10 For example, if the offender is a child under the age of 10. In these cases, the child’s parents or legal guardian should be informed instead. See section 11 for further detail on enforcement against young people.

Enforcement action is inappropriate or disproportionate

8.11 For example, if:

• the offender is vulnerable
• it would not be in the public interest to prosecute (see section 2)

If it’s necessary to interview a vulnerable person under caution, an appropriate adult must be present and all relevant provisions of the PACE codes must be followed.

Prosecution is more suitable

8.12 For example, if the:

• offence is major, such as racist or other forms of abusive language on printed materials
• scale and effect of the offence merits prosecution
• offence is committed for reward
• offence is committed by a persistent offender (see paragraph 9.148 )
• offender is violent or aggressive

If a littering offence is accidental

8.13 For example, if something falls from someone’s pocket and they were not aware of this. Enforcement action should usually only be taken where there is evidence of an intent to drop and leave litter. This helps to maintain public trust in the legitimacy of enforcement action against littering. It is not in the public interest to take enforcement action if there is not clear evidence that the individual intended to cause litter.

If the behaviour does not fall within the terms of the offence

8.14 For example, littering FPNs should not be issued for fly-tipping offences or waste receptacle breaches. Other specific fixed or civil penalty powers are available for these offences. FPNs should also not be used to try to avoid the ‘harm to local amenity’ test in the legislation for household waste receptacle breaches.

Persistent offenders

8.15 Some people commit environmental offences deliberately and often. They may also fail to pay the fixed penalties issued against them.

8.16 A person could be considered a ‘persistent offender’ if there are 2 or more related recorded offences by the individual.

8.17 In such circumstances, a further fixed penalty is unlikely to be appropriate. Enforcement authorities should consider prosecuting (if it is in the public interest to do so).

Issuing fixed penalty notices on private land

8.18 It is an offence to drop litter on any land within the area of a principal litter authority that is open to the air (section 86 of the EPA 1990). This can include private land, although it is not an offence to drop litter with the landowner’s consent (section 87 of the EPA 1990).

8.19 There are no explicit powers of entry associated with issuing fixed penalties against littering. Before entering private land to issue an FPN for littering offences committed on that land, enforcement officers should where possible engage and consult landowners or occupiers to obtain their consent.

8.20 This will avoid any question over an enforcement officer’s right to carry out their function on private land. It will also help to establish whether the landowner or occupier has given permission for litter to be dropped on their land. If they have given permission, an offence will not usually have been committed. See section 87(4B) of the EPA 1990 for exceptions around permission to drop litter in a watercourse.

8.21 Enforcing authorities may wish to discuss their approach with the owners of large areas of private land where the public routinely has access. For example, shopping centres, retail parks and transport hubs. This should be done before any kind of enforcement activity there.

8.22 A landowner or occupier may seek to prevent access to their land by authorised enforcement officers, even if they have not given explicit consent to littering on their land. In this scenario, enforcing authorities should consider whether enforcement against offences committed on that land is in the public interest – particularly if the ‘victim’ is unwilling to support the enforcement activity taking place. Any enforcement officer that remains on or re-enters land once the landowner or occupier has asked them to leave may be trespassing.

8.23 The validity of any enforcement action against the offender is not affected by whether the offender or enforcement officer has a legal right to access the land where the offence was committed.

Getting the offender’s details

8.24 It is an offence if an alleged offender fails to provide their appropriate details for an FPN. For example, name and address.

8.25 The police may be called to assist if the offender refuses to provide their details or provides false details. A PCSO may detain the offender for a maximum of 30 minutes before a police constable arrives. If a person refuses to supply their details, or provides false details, they may be liable on summary conviction to a fine. This fine would not exceed level 3 on the standard scale of the sentencing guidelines for environmental offences.

9. Issuing civil penalties for littering from vehicles

9.1 Civil penalties can be issued to the keeper of a vehicle from which litter is thrown. They can be issued by: 

• district councils in England (outside London) 
• the Council for the Isles of Scilly

9.2 This is according to The Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018. ‘District’ means the council for the district. This could include authorities that refer to themselves as any name, including district, metropolitan, borough or unitary councils.

9.3 London boroughs have similar but separate powers under the London Local Authorities Act 2007 and the Penalty Charges Enforcement (London) Regulations 2012. London councils will also need to be aware of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.

9.4 A civil penalty is a civil fine. Unlike a criminal penalty, it does not carry the risk of a criminal prosecution.

9.5 The ‘keeper’ of a vehicle is presumed to be the ‘registered keeper’. Evidence may be provided to show that the vehicle was ‘kept’ by another person at the relevant time. The liability to pay the civil penalty rests with the keeper of the vehicle at the time of the offence.

Relationship between civil penalties for littering from vehicles and fixed penalties instead of prosecution

9.6 Only one penalty can be issued for a single littering offence. This can be either a:

• civil penalty for littering from a vehicle
• fixed penalty issued under section 88 EPA 1990

9.7 Either penalty may be cancelled by the enforcing authority at any time before it is paid. See section 14 below for further information on cancelling penalties.

Cancellation before payment

9.8 If a civil penalty notice is issued but cancelled before it is paid, an FPN instead of prosecution may still be issued for the same offence.

Paid civil penalties

9.9 If a civil penalty notice is issued and paid, no further enforcement action may be taken against anybody for the same littering offence. For example, an FPN or prosecution.

When a civil penalty cannot be pursued

9.10 Sometimes a vehicle keeper’s liability to pay the civil penalty notice is discharged and the civil penalty notice cannot be pursued further. Liability is discharged if a civil penalty is issued but before it is paid either:

• prosecution proceedings are brought against anyone
• an FPN instead of prosecution is issued for the same offence

9.11 This applies whether or not any prosecution is successful.

9.12 If the recipient of a civil penalty later provides evidence about the identity of the litterer, the enforcing authority must consider if it is reason enough to cancel the original civil penalty (see 14.13).

What civil penalty notices must include

9.13 A penalty notice for littering from a vehicle must state all of the following:

• the circumstances of the alleged littering offence (including the registration mark of the vehicle concerned if known, and a description of the litter)
• how long the offender has to pay the penalty (28 days from the date the penalty notice is given)
• the amount of the penalty if paid within 28 days
• that the amount of the penalty will double if not paid within 28 days
• that the enforcing litter authority may recover any penalty not paid within 28 days in court
• details of any available early-payment discount if the penalty is paid within 14 days (including the amount of the discounted penalty, which must not be less than £50)
• details of how to pay (the name and address of the person to whom payment must be made, and the permissible methods of payment)
• that the recipient has a right to make representations to the enforcing litter authority
• the grounds on which representations may be made
• in general terms, how an appeal to an adjudicator can be made

Notice for postal and electronic penalties

9.14 The notice for penalties issued by first-class post to an address in the UK is taken as the second working day after posting. For addresses outside the UK, it is taken as the fifth working day after posting.

9.15 If the penalty is sent electronically, the notice is taken as the working day immediately following the day on which it was sent.

Cameras, recording devices and evidence from the public

9.16 Enforcement action may be taken based on evidence supplied by members of the public. In the opinion of the enforcing authority, the evidence must meet the relevant standards of proof. As covered in 7.6, such evidence would usually need to be supported by a formal witness statement. The witness must usually be prepared to attend at any court (or tribunal for civil penalties) to give that evidence verbally in order to avoid any issues of admissibility of evidence.

9.17 Evidence from a recording device of a litter authority (such as CCTV camera or dash-cam in a litter authority vehicle) can be used in appeal proceedings for civil penalties for littering from vehicles. In these cases, the enforcing authority will need to:

• produce the recordings
• provide a certificate stating the circumstances in which the recording was produced, signed by a person authorised by the litter authority that installed the device

9.18 The recordings must show the:

• presence of a particular vehicle on relevant land in the litter authority’s area
• date and time when the vehicle is present

9.19 Enforcing authorities intending to use recording devices to gather evidence in this way must also remain compliant with other relevant legislation. For example, the Regulation of Investigatory Powers Act 2000 and the Protection of Freedoms Act 2012.

Using the DVLA’s database

9.20 The DVLA keeps a vehicle keeper database. This may be used to establish the identity of the registered keeper of vehicles used in connection with the commission of criminal offences, including littering.

9.21 A civil penalty can only be issued when a section 87 EPA 1990 criminal offence of littering has been committed from the vehicle.

9.22 Access to the DVLA Web Enabled Enquiry system is available to all local authorities upon request. Local authorities without existing access should contact the DVLA at KADOE-Interest@dvla.gov.uk.

9.23 When issuing a civil penalty to the keeper of a vehicle from which litter is thrown, the ‘keeper’ is the person who kept the vehicle when the littering offence happened. In the case of a registered vehicle this is to be presumed to be the registered keeper, unless proven otherwise.

10. Enforcement against children

10.1 FPNs can only be issued to children between the ages of 10 and 17. If a child under 10 commits a littering offence, enforcement authorities may contact the child’s parents or legal guardian to make them aware of the offence.

Deciding a policy

10.2 Enforcing authorities should work with the local youth offending team to decide a consistent policy on:

• whether enforcement action will be taken for offences committed by children aged 10 to 17
• how any enforcement will be carried out

10.3 FPNs should only be issued to children if it is appropriate and in line with the policy agreed with the local youth offending team. It will usually be necessary to make further enquiries with local partners, including the police, youth offending team, and the child’s parents or legal guardian. This will establish whether an FPN would be appropriate.

Good practice

10.4 Enforcement officers issuing fixed penalties to children should:

• always be in uniform
• never touch a child
• approach from the front, not behind
• identify themselves and show formal identification
• ideally work in pairs

10.5 When issuing an FPN the enforcement officers should obtain all the following details from the alleged offender:

• name
• address
• age
• date of birth
• name and address of a parent or legal guardian of the child

10.6 The child’s parent or legal guardian should be notified as soon as possible of the issuing of an FPN. The child should be informed that this information may be shared with the relevant police force and youth offending team.

11. Payment options

11.1 Enforcing authorities should offer people a range of ways to pay FPNs. This must include provision for accepting payment in cash by post (according to section 88(3) of the EPA 1990). Where payment centres are provided, these should be safe and accessible.

11.2 If only part payment has been received, enforcing authorities should ensure that any payment facility (including telephone and online payments) can confirm any outstanding amount.

11.3 Surcharges cannot be imposed for payment by personal credit or debit card (according to The Payment Services Regulations 2017).

Postal delays

11.4 Authorities should make allowances for late payments made by post if there are unusual delays with the postal system.

11.5 Enforcing authorities may wish to keep the envelope that the payments came in, as the franking can be used as evidence of the date of posting.

After receiving payment

11.6 An FPN is considered ‘paid’ as soon as payment is received by the enforcing authority. The enforcing authority should promptly close the case after payment. An authority’s systems should accurately record the day when it receives payments, so that no further enforcement action is taken.

Prosecutions and increased penalties

11.7 If an FPN is issued instead of prosecution, recipients must be given 14 days to pay before bringing any prosecution proceedings.

11.8 Civil penalty notice recipients have 28 days from the date of receipt to make the payment, otherwise the penalty will double.

Encouraging prompt payment

11.9 Enforcing authorities may offer a reduction in the penalty if the recipient pays before the deadline. The period for offering an early payment discount must be no more than 14 days from the date of issue. The minimum discounted penalty is set out in the relevant legislation.

Reminder letters

11.10 Enforcing authorities may choose to send reminder letters to recipients of penalty notices. It is recommended that these are sent out no earlier than 7 days after the penalty was issued. The reminder letters should inform the recipient of:

• how much they must pay
• when they must pay by
• what happens if they don’t pay
• how they can make representations (civil penalties) or dispute their liability for the offence the penalty relates to (fixed penalties instead of prosecution)

Offering payment by instalments

11.11 In exceptional circumstances, enforcing authorities may also choose to offer recipients the option of paying in instalments if they cannot afford the full amount.

11.12 The alleged offender may still be prosecuted up until they have paid the full amount of a fixed penalty (instead of prosecution).

11.13 When offering payment by instalments, enforcing authorities should make clear the consequences when:

• a payment is missed
• the penalty is not paid in full within the time agreed

11.14 Payment plans should not offer repayment terms longer than 5 months. Any prosecution for a summary offence such as littering must be brought within 6 months of the alleged offence.

12. Providing a quality service

12.1 Enforcing authorities remain responsible for the whole enforcement process, whether or not they contract part of it out. This includes considering disputes of liability for the alleged offence. Authorities that outsource any area of enforcement to private companies should ensure that the contractor fulfils all the requirements of the authority itself.

12.2 Enforcing authorities should offer individuals flexible and efficient ways to contact them, including e-mail and telephone.

12.3 They should ensure there is an adequate audit trail. This can help to address any accusations of unfairness.

13. Considering disputes of liability, representations and appeals

13.1 Enforcing authorities should make sure that their processes are efficient, effective and impartial. This includes:

• processes for handling informal disputes of liability for the offence the fixed penalty relates to
• formal representations and appeals against civil penalties

13.2 Decisions must be made on the facts and evidence presented. Processes must comply with all relevant legislation (particularly Part 4 of the Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018). Authorities are encouraged to seek independent quality assurance of their environmental offences enforcement processes.

Time and quality targets

13.3 Enforcing authorities should deal with offenders promptly and professionally. Authorities are encouraged to set time and quality targets for dealing with queries, in addition to any statutory time limits and those set out in this guidance. As good practice they should publish information about their enforcement activity (see paragraph 2.7).

13.4 Fair and efficient systems for carrying out this work should minimise the number of cases going to prosecution or to an adjudicator. This will save the authority time and expense without allowing people to evade an appropriate penalty.

Staffing considerations

13.5 Enforcing authorities should maintain a clear separation between the staff who decide on:

• the issuing and processing of penalty notices
• disputes of liability or representations

13.6 This ensures that decisions are seen to be impartial. It is good practice for all disputes or representations to be considered by the service manager (or equivalent) who has delegated authority to consider them. All such disputes or representations should be addressed to them and not the person that issued the penalty notice.

13.7 Enforcing authorities should ensure that only fully trained staff make decisions on disputes of liability or representations against civil penalty notices. They should be clear on which officers have the authority to cancel penalty notices.

13.8 Officers dealing with disputes of liability or formal representations against a civil penalty notice should be familiar with all aspects of environmental offences enforcement. They should be particularly aware of the legal nature of the process. This ensures that they can judge if a representation falls within the statutory grounds or the authority’s guidelines for exceptional cases.

13.9 Elected members and unauthorised staff should not play any part in deciding the outcome of individual challenges or representations.

13.10 The process of considering disputes of liability, representations and appeals requires officers to be trained in the relevant legislation and how to apply it. They should be experienced in:

• the collection, interpretation and consideration of evidence
• writing clear but concise case-specific responses to disputes of liability
• enquiries and representations
• presenting the authority’s case to adjudicators

Resolving disputes early

13.11 It is in the interests of the authority and the individual to resolve any dispute at the earliest possible stage. Authorities should take account of the enforcement officer’s actions in issuing the FPN. But they should always give fresh and impartial consideration to disputes of liability and representations.

Involving legal departments

13.12 Authorities should ensure work with their legal departments to:

• establish a processing system that meets all the requirements of the law
• consult about complex cases

Exercising discretion

13.13 The enforcing authority may wish to set out certain situations when an enforcement officer should exercise a degree of discretion. For example, circumstances when a fixed penalty should not be issued. The enforcing authority should have clear policies, instructions and training available on how to exercise such authority. They should approach the exercise of discretion objectively.

13.14 The exercise of discretion should, in the main, rest with managerial or administrative staff. This is a part of considering disputes of liability, representations and appeals that are made to the enforcing authority. This is to protect enforcement officers from allegations of inconsistency, favouritism or suspicion of bribery. It also gives greater consistency in the enforcement of environmental offences regulations.

13.15 Local authorities should also recognise the role of councillors to:

• raise issues on behalf of their ward constituents
• scrutinise how the broader policy, including the exercise of discretion, operates

13.16 Enforcement authorities have a duty to take into account all relevant considerations and disregard irrelevant considerations when making decisions. Discretion should ignore any financial interest in the penalty or decisions that may have been taken at an earlier stage in proceedings. Discretion must be exercised reasonably and rationally according to public law standards.

13.17 Enforcement authorities have a duty not to fetter their discretion. This means they must not restrict or bind themselves unlawfully in how they exercise their discretion. Authorities should formulate and then publish their policies on the exercise of discretion, with advice from their legal department. They should apply these policies flexibly and judge each case on its own merits. An enforcement authority should be ready to depart from its policies if warranted by the circumstances of the case.

Handling disputes of liability to pay a fixed penalty issued instead of prosecution

13.18 This section applies to FPNs issued instead of prosecution for criminal offences, including littering and unauthorised distribution of free literature.

13.19 Because it is offered instead of prosecution, there is no formal right of appeal against an FPN. If an alleged offender does not accept their liability for the offence, there is no requirement on them to pay the fixed penalty. The assumption should always be that if a fixed penalty is unpaid, the case should be prosecuted, giving the alleged offender the opportunity to defend their case in court.

13.20 Enforcing authorities should be motivated to keep cases out of the court where possible. Court processes are time consuming for all parties and can be expensive. It is good practice for enforcing authorities to offer a process for alleged offenders to supply information that may influence the authority’s decision to issue a fixed penalty or take other enforcement action. This will prevent unnecessary cases reaching the courts. This information could be:

• evidence in mitigation
• lines of defence
• other relevant information that may not have been available to the enforcing authority at the time the fixed penalty notice was issued

13.21 As this is an informal process, there are no fixed grounds for making such a challenge.

When an offender might dispute liability

13.22 An alleged offender might dispute their liability if:

• the person issued with the FPN was not the person that committed the offence – this might be the case if someone issued with a FPN in person has given someone else’s details to the enforcement officer
• the person issued with the FPN brings forward evidence, a statutory defence or other reasonable excuse that could undermine any later prosecution
• evidence is provided that enforcement would not be in the public interest because the person issued with an FPN has a relevant vulnerability
• evidence is provided that enforcement would not be in the public interest because of any other reason

Cancelling a fixed penalty

13.23 An authority may cancel an FPN at any point. It can do this even when a contravention has undoubtedly occurred if the authority deems it appropriate in the circumstances of the case. Under general principles of public law, authorities have a duty to act fairly and proportionately. They are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest.

13.24 Consideration should consider the authority’s own guidelines for dealing with extenuating or mitigating circumstances. If the evidence or circumstances provide grounds for cancelling the FPN, then the enforcement authority should do so and let the individual know. If the enforcement authority considers that there are no grounds for cancellation, it should tell the individual and explain its reasons as soon as practicably possible.

Audit trails

13.25 If the enforcing authority operates a process for disputing liability for an offence that resulted in an FPN being issued, it should ensure that there is an adequate audit trail of the case. This is true for all routes that are offered for alleged offenders to raise such a dispute. The audit trail should show what decision was taken and why.

Honouring early payment discounts

13.26 Anyone who disputes their liability to pay a fixed penalty should not be disadvantaged by doing so. Where an authority offers a discount for early payment of an FPN, it should still be offered in the event of an unsuccessful dispute. This applies provided that the dispute is lodged before the close of any relevant early payment window.

If a dispute is rejected

13.27 Authorities should make it clear that individuals whose dispute attempt is rejected may still choose not to pay the fixed penalty. They can instead choose to defend their case in court.

Formal representations and appeals against civil penalty notices for littering from vehicles

13.28 The process for making representations and appealing against a civil penalty for littering from a vehicle is set out in The Littering from Vehicles Outside London (Civil Penalties: Keepers) (England) Regulations 2018.

13.29 The recipient may dispute the issuing of a civil penalty notice at 2 stages:

• once a civil penalty notice has been served, an individual has up to 28 days to make a formal representation to the authority based on any one or more of the grounds for appeal in regulation 14
• if a representation is rejected by the enforcing authority, the individual may appeal against the notice of rejection to an independent adjudicator

Representations

13.30 Representations must be made in writing. Refer to Regulation 14 of London (Keepers: Civil Penalties) Regulations 2018 for 12 formal grounds on which representations may be made.

13.31 Litter authorities must consider any representations made on these 12 grounds. The litter authority should acknowledge receipt of the representation and explain the process. This explanation must include:

• what supporting evidence must be supplied
• when a decision notice will be dispatched

Response times

13.32 The litter authority should consider representations as quickly as possible. The maximum response time to serve notice of decisions to the person making the representations should be 56 days. This count begins on the day the representations were received. This is the response time regardless of if the authority accepts that the ground in question has been established.

Accepting or rejecting a representation

13.33 A litter authority that accepts a representation must cancel the penalty notice and refund any sum already paid. Cancellation does not prevent the authority from serving another penalty notice for the same litter offence to another person.

13.34 A litter authority that rejects a representation must serve a notice stating that the penalty must be paid unless an appeal is made to an adjudicator. A ‘notice of rejection’ must state:

• the litter authority’s decision, and the reasons for it
• that the recipient has a right to appeal to an adjudicator against the litter authority’s decision, within 28 days beginning with the day on which the notice of rejection is given
• how an appeal can be made and in what form
• that the adjudicator has the power to award costs against the person appealing against the decision set out in the notice of rejection (according to Regulation 15 of The Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018)

13.35 If a litter authority offers a new discount period for prompt payment following an unsuccessful representation, it should set out the dates.

13.36 If a litter authority fails to comply with the requirement to serve a notice of rejection that meets these requirements, it is deemed to have accepted the recipient’s representations and cancelled the penalty notice.

Appeals

13.37 Regulation 18 of the Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 provides for appeals to be considered by an independent adjudicator appointed to the Traffic Penalty Tribunal. Litter authorities have certain duties to provide for the adjudication, such as providing administrative staff and facilities for adjudicators. These duties must be discharged by the PATROL (Parking and Traffic Regulations Outside London) Joint Committee. Read more about PATROL on the PATROL website.

13.38 The Traffic Penalty Tribunal operates a digital online appeal system called FOAM (Fast Online Appeal Management). Individuals submit their appeal, then authorities respond online and upload evidence, and the adjudicator publishes a decision online. In some circumstances, the adjudicator will conduct a telephone hearing with all parties invited to participate.

13.39 All local authorities outside London that operate civil parking enforcement use this system. A dashboard enables authorities to manage their cases and includes reporting functionality. The tribunal also operates an assisted digital support programme for people who are not able to appeal online.

13.40 If the adjudicator agrees that one of the grounds set out in regulation 14 (paragraph 15.1 above) applies, the adjudicator must allow the appeal. This is outlined in regulation 16 of The Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018.

13.41 Where an appeal is allowed, the adjudicator may also give appropriate written directions to the litter authority to give effect to their decision. A litter authority must comply with any such direction as soon as is practicable.

13.42 Despite not allowing an appeal, an adjudicator may give a written recommendation to the litter authority that it cancel the penalty notice. This could happen if the adjudicator is satisfied that there are compelling reasons why the penalty notice should be cancelled, in the circumstances of the case. A litter authority must then reconsider whether to cancel the penalty notice, taking account of any observations made by the adjudicator. Within 35 days it must inform the individual who submitted the appeal and the adjudicator in writing of its decision. They must also provide reasons for the decision where a recommendation is not accepted. If a litter authority fails to do so, it is deemed to have accepted the recommendation and to have cancelled the penalty notice.

13.43 An adjudicator must dismiss an appeal if they conclude that either:

• none of the grounds set out in regulation 14 of the Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 apply
• there are no compelling reasons why the penalty notice should be cancelled

13.44 Enforcement authorities should respond promptly to adjudicators about appeals. They must meet time limits set by legislation or the adjudicator’s judicial powers.

14. Prosecuting offenders

14.1 The decision to issue an FPN is at the discretion of enforcing authorities. As explained in section 9 (Issuing fixed penalty notices), there are reasons an enforcing authority may decide to move directly to prosecuting an alleged offender.

14.2 If an FPN is unpaid, the normal course of action is to prosecute for the original offence in the magistrates’ court. An enforcement authority must:

• wait at least 14 days after issuing an FPN before initiating a prosecution
• begin legal proceedings for summary offences within 6 months of the offence

14.3 There is no time limit for bringing proceedings for offences that are triable each way (can be tried in either the magistrates’ court or Crown Court). But proceedings for such offences should be brought as soon as possible. Where there has been an unjustified delay, courts can dismiss a summons on the ground of abuse of process.

14.4 Failure to pursue unpaid notices discredits their use and can lead to declining rates of payment. Enforcement strategies should include consideration of the need to pursue unpaid FPNs and necessary resources should be made available. An authority should not issue an FPN and then decide it does not have the resources to prosecute if the notice is unpaid.

Single Justice Procedure

14.5 Litter authorities can pursue a prosecution for littering through the Single Justice Procedure (SJP).

14.6 In SJP cases, a single magistrate is advised by a legal advisor and the case is not heard in open court. No prosecutor or defendant is present and the magistrate can deal with the case at any time, rather than on a specific date. This saves time and court costs. The same law and principles apply to SJP cases as a traditional trial.

14.7 An SJP Notice (SJPN) allows an offender to plead guilty and offer mitigation and a statement of means to a magistrate in writing.

14.8 It is not a legal requirement for a prosecuting authority to provide a statement of evidence against an offender in a SJPN, but it is good practice to do so. Prosecuting authorities should:

• consider whether a prosecution through the SJP or an FPN passes the public interest test
• be willing to hear representations to the contrary
• be aware that a person may choose to dispute an SJPN in court – either by pleading not guilty or by pleading guilty and requesting a court hearing

14.9 A magistrate also has discretion to deal with an SJP in open court. Litter authorities should therefore have evidence that meets the standard of proof before deciding to prosecute.

15. Non-payment of civil penalty notices for littering from vehicles

15.1 If a penalty notice is not paid within 28 days (the fixed penalty payment period) the amount of the penalty doubles. This happens automatically unless the recipient made representations against the penalty notice within that period. At this point, an enforcement notice may be issued to the recipient of the unpaid penalty notice notifying them of the increased penalty.

15.2 If this increased amount remains unpaid after a further 14 days (beginning on the day the enforcement notice is served), the litter authority can either:

• recover it as a civil debt
• seek an order from the county court for it to be recoverable as if payable under a county court order

15.3 Requests for these orders must be filed with the Traffic Enforcement Centre (TEC) at Northampton Crown Court.

15.4 Existing TEC customers can do this using contravention 75 and their existing prefix individual identifier. New TEC customers should contact TECInsight@hmcts.gsi.gov.uk. The TEC will register the request and make the order if the relevant requirements are satisfied.

15.5 Once they have received the registered request, the litter authority may draw up the order and serve it on the recipient of the unpaid penalty notice (the respondent). They must attach a witness statement for the respondent’s use (fine the TEC forms on GOV.UK). This sets out a limited number of grounds on which they can dispute the court order. The litter authority must serve the order (and the witness statement) on the respondent within 15 days of the date on which the request is registered by the TEC.

15.6 The TEC’s procedure is set out in full in Part 75 of the Civil Procedure Rules and associated Practice Direction 75. A litter authority must follow these procedures when seeking to recover unpaid penalties through the TEC.

16. Reporting

16.1 Reporting is an important part of accountability. Enforcement authorities should report regularly and consistently. Monitoring and reporting:

• helps the public understand and accept enforcement and council use of taxpayers’ money
• provides management information for performance evaluation
• helps the authority to identify where it needs to improve

16.2 The government believes that all data held and managed by local authorities should be made available to local people unless there are specific sensitivities. For example, when protecting vulnerable people or if there are commercial and operational considerations. The government also expects local authorities to be transparent about how they spend taxpayers’ money and the services they deliver. It is a statutory requirement for local authorities covered by the Transparency Code to comply with Part 2 of the Local Government Transparency Code 2015. This sets out the minimum data that local authorities should be publishing.

What local authorities should publish

16.3 As good practice local authorities should publish the following information about their enforcement activity for litter offences, including civil penalties for littering from vehicles:

• number of issued FPNs and civil penalty notices
• number of cancelled FPNs and civil penalty notices
• number of paid FPNs and civil penalty notices
• number of FPNs and civil penalty notices paid at discount rate
• number of prosecutions following non-payment of an FPN (whether the case is concluded or not)
• number of prosecutions for litter offences for which an FPN was not offered
• number of cancelled civil penalty notices following an appeal made to an adjudicator
• number of civil penalty notices pursued as civil debts following non-payment
• total net income from FPNs for litter offences and from civil penalty notices for littering from vehicles
• an estimate of spend on enforcement activity against criminal littering offences and littering from vehicles subject to a civil penalty

16.4 When using external contractors, the council should publish the full text of any contracts or legal agreements. This provides additional scrutiny and reassurance that such contracts are not being used as a revenue raiser.

16.5 The Local Government Transparency Code already requires that councils falling under the code publish contracts over £5,000. The code discourages the use of commercial confidentiality clauses to prevent such publication.

16.6 The government also encourages an annual breakdown of fines and revenue, as good practice. This could be done through an annual scrutiny review.

Evaluating enforcement

16.7 Enforcement authorities should monitor their:

• litter offences policies
• litter enforcement regimes
• associated regulatory framework (including fixed penalty levels)

16.8 They should evaluate them when reviewing their local plans, local development framework and making recommendations for improvements to members. Enforcement authorities should keep ahead of developments in neighbouring authorities. They should consider the benefits of consistent and possibly collaborative approaches to enforcement. This could include the sharing of enforcement data , where compliant with data protection laws and the relevant intelligence protocols.

16.9 Enforcing authorities may benefit from capturing incidences of littering and other environmental crimes before and after specific enforcement initiatives. This would allow them to identify which enforcement tools work best as a deterrent.

16.10 Evaluations should consider any relevant information that has been collected as part of the enforcement process, especially about its practical effectiveness. They may benefit from interviews with:

• enforcement officers, who are in a unique position to identify changes to littering patterns
• office staff, who see disputes of liability and representations and the reasons for them

16.11 Enforcement authorities should consult as necessary on their policies when they evaluate them. Enforcement authorities should maintain regular dialogue and joint activity where appropriate with on-street contractors.

16.12 The evaluation could take account of:

• existing and predicted levels of offending
• availability of relevant infrastructure, such as bins
• adequacy, accuracy and quality of signage and other communications
• level of enforcement necessary for compliance
• levels of penalties
• payment and prosecution rates
• the need to resource the operation effectively and ensure that staff are appropriately trained
• impact on the accumulation rates of litter

Contractor and staff performance

16.13 Enforcement authorities should judge the performance of contractors and staff according to how far desired objectives have been achieved. Outcome indicators might include:

• compliance statistics
• the number of appeals
• the localised impact that enforcement appears to have had on relevant offending and the accumulation rate of litter

16.14 Performance management of enforcement staff, including rewards or penalties, should never be based on:

• the volume of penalties issued
• a fixed amount of revenue to be raised

16.15 Enforcement authorities should have a service level agreement for any enforcement operations carried out by an internal client department on their behalf. This should include the specification terms and conditions required by the client department, just as there would be for a contract with an external service provider. Any such service level agreement should reflect these principles.

16.16 Where external contractors are used, private firms should not be able to receive greater revenue or profits just from increasing the volume of penalties. This would conflict with the overall aim of reducing the number of offences committed.

17. Parish councils

17.1 Parish councils can also conduct enforcement separately to their district councils. However, specific regulations apply in addition to the requirements in this guidance.

17.2 Parish councils cannot set their own fixed penalty rates, unlike other litter authorities. They must use the rates set by their district council. They can however offer different early pay discounts at their discretion.

17.3 Parish councils are advised that they:

• may be able to buy or trade time with district councils for sharing enforcement officers
• should speak to their district council about enforcement regimes – both before starting and then regularly during to coordinate and maximise their effectiveness

17.4 Parish councils have a slightly different training requirement for staff authorised to conduct enforcement. Before someone can be authorised to issue fixed penalties for a parish council, they must have completed a suitable training course. This is according to The Environmental Offences (Fixed Penalties) (England) Regulations 2018.