To ask the Secretary of State for Environment, Food and Rural Affairs what guidance his Department has given to local authorities on the leaving of fixed penalties for litter offences relating to domestic rubbish. (104067)

Guidance on the Clean Neighbourhoods and Environment Act 2005 was sent to all local authorities in early April this year. An addendum incorporating a clarifying note on fixed penalties for litter offences was sent to them on 6 September 2006, advising that fixed penalty notices are available to help deal with side waste and for the offence of putting waste out incorrectly under sections 46 and 47 of the Environmental Protection Act 1990. Failure to follow such a notice is an offence, for which a £100 fixed penalty notice can now be issued under section 47ZA of the 1990 Act.

The guidance is available on the DEFRA website at:

http://www.defra.gov.uk/environment/localenv/legislation/cnea/index.htm#guide.