[34ZA Fixed penalty notices: offences under section 34(6) relating to section 34(2A): England]

[34ZA  Fixed penalty notices: offences under section 34(6) relating to section 34(2A): England]

[(1)     This section applies where it appears to an enforcement authority in England that a person has failed to comply with the duty relating to the transfer of household waste in section 34(2A) in England.

(2)     The authority may give to that person a notice offering the opportunity of discharging any liability to conviction for an offence under section 34(6) by payment of a fixed penalty.

(3)     An authority may not give a person a notice under subsection (2) if such a notice has already been given to that person (whether by the same or another authority) in respect of the same offence.

(4)     Where a waste collection authority (A) gives a notice to a person under subsection (2), A must, at the time of giving the notice—

(a)     give the Environment Agency a copy of the notice; and

(b)     where it appears to A that the failure to comply with the duty in section 34(2A) took place in the area of another waste collection authority (B), give B a copy of the notice.

(5)     Where the Environment Agency gives a notice to a person under subsection

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