87.Section 22 inserts section 94A into the 1990 Act to enable an authorised officer of the authority to issue a notice to a person who he has reason to believe has not complied with a litter clearing notice or a street litter control notice, offering that person an opportunity to discharge any liability to conviction for an offence by payment of a fixed penalty.
88.Section 94A(4) enables a principal litter authority to specify the amount of fixed penalty applicable in its area for the offences under sections 92C and 94; the fixed penalty (for either offence) is set at £100 where no amount is set by a local authority. Section 94A(5) permits the principal litter authority to make provision for treating the fixed penalty as paid if a lesser sum is received by it within such (shorter) period as it may specify.
89.The use of receipts from these fixed penalty notices is dealt with under section 96.
The Act Commentary on Sections Local authority notices Section 22 Failure to comply with notice: fixed penalty notices