Compliance under this Amendment Act is procedural and documentary. Because the Act focuses on incorporation into authorised texts and on validating certain past acts, the compliance tasks for different actors are distinct and concrete.
For enforcement agencies and local authorities issuing infringement notices:
- Use the authorised versions: Ensure forms, templates and procedures are updated to match the authorised version of the Litter Act 2007 and the Litter (Infringement Notices) Regulations 2007, as amended (Parts 2 and 3, ss 3-8). The Act records that those authorised versions contain the amendments; compliance requires working from those texts rather than from older drafts or informal versions.
- Apply substituted provisions prospectively: For service of notices going forward, apply substituted section 17 and regulation 4 (as substituted by ss 4 and 7 of this Act) for service requirements and procedural steps. Section 9(2) validates prior service only; it does not excuse non-compliance going forward.
For persons and entities who were the registered operator or received infringement notices:
- Verify whether you are the “registered operator”: Consult the Principal Act for the statutory definition. The validation applies only to registered operators as defined in the Principal Act (s 9(1)).
- Check the basis of the notice: Determine whether the infringement notice was served under former section 17 or former section 28 of the Principal Act. If it was, then s 9(2) may validate the notice, the service, a penalty paid, and statutory declarations made in respect of it.
- Identify any relevant court proceedings or findings: If there was a court finding before 26 February 2009, or if validity was already in issue in proceedings before that date, the validation does not apply to the finding or the proceedings (ss 9(3)-(4)). If proceedings were on foot before that date, seek case files and copies of relevant judicial orders to determine if the exception applies.
For legal advisers and compliance teams:
- Audit historical files: Conduct a retroactive audit of infringement notices served on registered operators to determine which fall within s 9(2) and which are excluded by ss 9(3)-(4). Record the date of service, the provision under which the notice was served, any penalties paid, and any statutory declarations.
- Maintain clear records of payments and statutory declarations: Because s 9(2)(c)-(d) validates payments and declarations, ensure that original receipts, statutory declarations and service records are preserved to rely on the statutory validation if needed.
- Coordinate with enforcement agencies: Where a validated act affects current compliance obligations, coordinate with the issuing agency to confirm that the agency will treat the past act as valid and to update internal records accordingly.
For courts and litigants:
- Confirm timing and issue status: Before relying on s 9(2) to validate prior acts, confirm whether the validity question was in issue before 26 February 2009. If so, s 9(2) does not apply to the proceedings (s 9(4)). If a court made a finding before that date, note that s 9(3) preserves that finding.
- Plead the statutory validation where appropriate: Where litigants seek to rely on the statutory validation for prior acts, plead the factual foundation showing the notice was served on a registered operator under the former provisions and that the relevant conditions of s 9(2) are met.
For regulatory drafters:
- Note that future regulations remain possible: Section 10 preserves the power to amend, substitute or rescind regulation 4 and the Regulations more generally. Draft drafters should ensure that any new regulations take account of the validation scheme and clearly address transitional provisions if they intend to affect past acts.
General compliance checklist:
- Work from authorised versions of the Principal Act and Regulations.
- Identify whether a notice was issued under former s 17 or former s 28.
- Confirm the “registered operator” status via the Principal Act definition.
- Locate any court findings or proceedings dated before 26 February 2009 that might exclude the validation.
- Preserve documentary evidence of service, payment and statutory declarations.
- Update enforcement templates and internal procedures to align with substituted s 17 and substituted regulation 4 for future notices.
- Monitor subordinate legislation for further amendments (s 10).
These steps flow directly from the text: the validation in s 9(2), the definitions in s 9(1), the judicial exceptions in ss 9(3)-(4), the incorporation notices in Parts 2 and 3, and the reservation of regulatory amendment power in s 10. Compliance therefore requires documentary verification, date-sensitive litigation checks, and adoption of the authorised texts into operational practice.