One of the key functions of the service will be to act as an enforcement agency for a range of legal duties and powers established by Acts of Parliament, and the regulations and orders made under them (including various byelaws).
The principal legislation associated with the service are:
- The Environmental Protection Act 1990 (EPA) which amongst other matters covers littering, fly-posting, fly-tipping, refuse and the collection and disposal of waste.
- The Clean Neighbourhoods and Environment Act 2005 (CNEA),which makes amendments to the EPA and the Crime and Disorder Act 1998. For the purpose of this policy it relates to provisions in relation to abandoned vehicles, litter, refuse, graffiti, fly-posting and the collection and disposal of waste and to deal with these through formal prosecution or by means of fixed penalty notice.
- The Dogs (Fouling of Land) Act 1996.
- The Anti Social Behaviour Act 2003 which makes provision under sections 43 to 51 for dealing with illegal advertisements, defacement and graffiti by means of fixed penalty notice.
- The Prevention of Damage by Pests Act 1949 which deals with waste and accumulations within the curtilage of private property.
- The Public Health Act 1936 which covers accumulations of waste in alleyways.
This Policy sets out the standards and guidance that will be applied by the service acting in its role as regulator and enforcement agency across the range of its relevant legal powers and duties. The Policy has regard to the Business Enterprise and Regulatory Reform regulations. This Policy will apply to all aspects of enforcement and regulation affecting members of the public (both resident and visitors) and businesses (proprietors and employers).
The authority has already adopted and will continue to carry out enforcement practices set out in the Cabinet Office Enforcement Concordat, relating to the principles of good enforcement, policies and procedures. This is to ensure the highest possible standards and level of compliance whilst conforming to the Human Rights Act 1998, Data Protection Act and the Freedom of Information Act.
Key activities within the service will be to educate and assist members of the public and businesses but it is inevitable that offences will occur. The purpose of this Policy is to ensure that those offences are resolved in a legal, consistent, balanced and fair manner at all times.