Consultation on proposals to tackle crime and poor performance in the waste sector & introduce a new fixed penalty for the waste duty of care

Closes 26 Mar 2018

Part C: Duty of care fixed penalty notice

Part C of this consultation seeks views on the introduction of a fixed penalty notice (FPN).  The FPN would target householders who breach their duty of care by not taking reasonable steps to ensure their waste is passed to an authorised person.  To support this we are also looking at ways to improve householders awareness of their duty of care.

After completing this page you will return to the contents page.  Please then complete any or all of Parts A, B and C followed by the Consultee Feedback page. 

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Proposals

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82. Do you believe that householders are currently sufficiently aware of their duties and the risk of prosecution when passing their waste to an unauthorised person?

83. What more could be done to improve householder awareness of their duty of care and prevent fly-tipping of household waste?

84. Do you think that the Waste Duty of Care Code of Practice provides enough guidance on reasonable measures that can be taken to meet the household duty of care?

85. Do you think there are any other reasonable measures to meet the household duty of care that should be set out in guidance to households?

86. Do you think that the introduction of a FPN for the offence of a householder passing their waste to an unauthorised person would help tackle fly-tipping?

87. Do you think that Government should provide guidance to regulators on the use of the proposed FPN?

88. Do you think that the proposed levels of penalty for this FPN are correct?

Table 11 Proposed level of penalty

 

 

Offence

 

Default penalty

 

Minimum default penalty

 

Maximum full penalty

 

Minimum discounted penalty

Failure of the occupier of a domestic property to take all reasonable measures to secure that any transfer by them of household waste produced on the property is to an authorised person.

 

£200

 

£150

 

£400

 

£120

 

89. Following implementation of the FPN, do you think that local authorities should communicate how frequently they use these penalties, and the impact on fly-tipping?

90. Do you think the introduction of this FPN will impose any additional costs on local authorities or other issuing authorities?

91. Do you think the introduction of this FPN will make savings for local authorities or other issuing authorities?

92. Do you think that other parties than local authorities and other issuing authorities could incur costs of benefit from the introduction of this FPN?

93. Do you think that the proposal will impose additional costs on yourself or your organisation?

94. Do you have any other information on the possible cost or benefits of issuing fixed penalty notices?

95. Do you think that issuing authorities should be able to offer an appeals process for people to dispute a householder duty of care FPN?

96. Do you think that issuing authorities would incur any additional costs by providing an appeals process for people to dispute the issuing of a householder duty of care FPN?

97. Do you think there are any other steps the appeal process should cover?

98. What are the best ways to ensure that the recipients of a FPN are made aware of the appeal process if one is available?

99. Where an issuing authority chooses not to offer an appeals process do you think the right of appeal is adequately provided for through the courts?