The Act Commentary on Sections Part 5: Waste Section 48 Offences relating to waste receptacles: fixed penalty notices
156.Section 48 inserts new sections 47ZA and 47ZB into the 1990 Act. Section 47ZA applies where an authorised officer of a waste collection authority has reason to believe that a person has committed an offence under section 46 or 47, and enables the officer to issue a notice to that person, offering him an opportunity to discharge any liability to conviction for the offence by payment of a fixed penalty.
157.Section 47ZB enables a waste collection authority to specify the amount of the fixed penalty in its area; the fixed penalty is set at £100 where no amount is set by an authority. In either case, a lesser amount may be permitted to be paid if early payment is made within a specified period.
158.Section 47ZB(4) gives powers to the appropriate person to make regulation governing the power of waste collection authorities to set local fixed penalty rates (e.g. by specifying a range within which the amount must fall or limiting the extent to which and circumstances in which a local authority may provide for reduced early payment).