Litter Act, 1982

Provisions regarding certain offences in relation to litter.

5.—(1) Where a litter warden has reasonable grounds for believing that a person is committing or has committed an offence under section 3 of this Act, he may give to the person a notice in the prescribed form or in a form to the like effect stating—

(a) that the person is alleged to have committed the offence,

(b) that the person may during the period of 21 days beginning on the date of the notice, make to the local authority specified in the notice a payment of £5 accompanied by the notice,

(c) that a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(2) Where a notice is given under subsection (1) of this section—

(a) a person to whom the notice applies may, during the period specified in the notice, make to the local authority specified in the notice the payment specified in the notice, accompanied by the notice,

(b) that local authority may receive the payment, issue a receipt for it and retain the money so paid for disposal in accordance with this Act, and no payment so received shall in any circumstances be recoverable by the person who made it,

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In a prosecution for an offence under section 3 of this Act, the onus of showing that a payment pursuant to a notice under this section has been made shall lie on the defendant.

(4) The Minister may by regulations vary the amount standing specified for the time being in subsection (1)(b) of this section and the said subsection (1)(b) shall have effect in accordance with the terms of any such regulations.