Can an officer from a local council issue a penalty notice for littering from a vehicle if the littering occurs outside the area of that council?
No. Council officers can only exercise their power to issue a litter penalty notice in or in relation to their council area as section 6(4) of the Protection of the Environment Operations Act 1997 (“POEO Act”) provides that: If people littered less, the sweepers and cleaners could be used in more productive activities, and could actually clean, rather than pick up rubbish. “A function conferred or imposed by or under [the POEO Act] on a local authority, in its capacity as the appropriate regulatory authority or otherwise, may be exercised only in or in relation to the local authority’s area.” Councils may wish to enter into cooperative arrangements to refer out-of-area littering from vehicle reports to the relevant council for action by that body.
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