Household waste 30 10 Householder’s duty of care (1) The Environmental Protection Act 1990 is modified as follows. (2) In section 34— (a) in subsection (1), for “subsection (2)” substitute “subsections (1A) and (2)”, (b) after subsection (1) insert— 35 “(1A) The duty imposed by subsection (1) does not apply to an occupier of domestic property as respects the household waste produced on the property.”, (c) for subsection (2) substitute— “(2) An occupier of domestic property must, as respects the household waste the property, take reasonable steps to secure that any transfer of produced on 10 Circular Economy (Scotland) Bill waste is only to an authorised person or to a person for authorised transport purposes.”, (d) in subsection (6), after “(1),” insert “(2),”, (e) in subsection (7), after “(1),” insert “(2),”. 5 (3) After section 34ZB insert— “34ZC Fixed penalty notices for offences under section 34(6): Scotland (1) This section applies where a constable or an authorised officer has reason to believe that a person has failed without reasonable excuse to comply with the duty relating to the transfer of household waste in section 34(2). 10 (2) The constable or authorised officer (as the case may be) may give to the person 1 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) A notice under subsection (2) may not be given if, in relation to the same circumstances— 15 (a) such a notice has already been given to the person (including by the same or by another local authority), or (b) a penalty or enforcement undertaking has already been imposed on the person by the Scottish Environment Protection Agency by virtue of Part 2 of the Regulatory Reform (Scotland) Act 2014. 20 (4) Where a constable gives a notice to a person under subsection (2), the constable must at the same time give a copy of the notice to the local authority in whose area the failure to comply with the duty in section 34(2) took place. (5) Where— (a) an authorised officer gives a notice to a person under subsection (2), 25 and (b) it appears to the officer that the failure to comply with the duty in section 34(2) took place both in the officer’s area and in another local authority’s area, the officer must at the same time give the other local authority a copy of the 30 notice. (6) Where a person is given a notice under subsection (2) in respect of an offence— (a) no proceedings may be instituted for that offence before the end of the period of 14 days beginning with the date...