Statement by the Delegation of the Russian Federation on the Munich Agreement, signed on 30 September 1938
The following provisions have effect for the interpretation of this Part.
The “environment” consists of all, or any, of the following media, namely, the air, water and land; and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground.
“Pollution of the environment” means pollution of the environment due to the release (into any environmental medium) from any process of substances which are capable of causing harm to man or any other living organisms supported by the environment.
“Harm” means harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes offence caused to any of his senses or harm to his property; and “harmless” has a corresponding meaning.
“Process” means any activities carried on in Great Britain, whether on premises or by means of mobile plant, which are capable of causing pollution of the environment and “prescribed process” means a process prescribed under section 2(1) below.
For the purposes of subsection (5) above—
“shopping trolley”, means a trolley provided by the owner of a shop to customers for use by them for carrying goods purchased at the shop, not being a trolley which is power-assisted.
a Part A activity,
a Part B activity,
a solvent emission activity, or
carried out using mobile plant.
“the Minister” means the Minister of Agriculture, Fisheries and Food.
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
“privy” means a latrine which has a moveable receptacle;
“appointed day” means the date appointed under section 131(3) of this Act;
“the committee” means the Joint Nature Conservation Committee; and
the prescribed process covered by the authorisation is carried on in a new Part A installation or by means of a new Part A mobile plant;
the prescribed process covered by the authorisation is carried on in an existing Part A installation or by means of an existing Part A mobile plant and the review would be carried out within the period of two years ending at the beginning of the relevant period for that installation or mobile plant;
the prescribed process covered by the authorisation is carried on in an existing Part B installation or by means of an existing Part B mobile plant and the review would be carried out within the two year period ending on the relevant date for that installation or mobile plant.
The “enforcing authority”, in relation to England and Wales, is the Environment Agency or the local authority by which, under section 4 below, the functions conferred or imposed by this Part otherwise than on the Secretary of State are for the time being exercisable in relation respectively to releases of substances into the environment or into the air; and “local enforcing authority” means any such local authority.
In relation to Scotland, references to the “enforcing authority” and a “local enforcing authority” are references to the Scottish Environment Protection Agency (in this Part referred to as “SEPA”).
in relation to releases of substances into the environment, the chief inspector or the river purification authority (which in this Part means a river purification authority within the meaning of the Rivers (Prevention of Pollution) (Scotland) Act 1951),
in relation to releases of substances into the air, the local authority,
“Authorisation” means an authorisation for a process (whether on premises or by means of mobile plant) granted under section 6 below; and a reference to the conditions of an authorisation is a reference to the conditions subject to which at any time the authorisation has effect.
A substance is “released” into any environmental medium whenever it is released directly into that medium whether it is released into it within or outside Great Britain and “release” includes— and for this purpose “water” and “land” shall be construed in accordance with subsections (11) and (12) below.
in relation to air, any emission of the substance into the air;
in relation to water, any entry (including any discharge) of the substance into water;
in relation to land, any deposit, keeping or disposal of the substance in or on land;
For the purpose of determining into what medium a substance is released— but a sewer and its contents shall be disregarded in determining whether there is pollution of the environment at any time.
any release into— is a release into water;
the sea or the surface of the seabed,
any river, watercourse, lake, loch or pond (whether natural or artificial or above or below ground) or reservoir or the surface of the riverbed or of other land supporting such waters, or
ground waters,
any release into— is a release into land; and
land covered by water falling outside paragraph (a) above or the water covering such land; or
the land beneath the surface of the seabed or of other land supporting waters falling within paragraph (a)(ii) above,
any release into a sewer (within the meaning of [the Water Industry Act 1991] or, in relation to Scotland, of the Sewerage (Scotland) Act 1968) shall be treated as a release into water;
In subsection (11) above “ground waters” means any waters contained in underground strata, or in—
a well, borehole or similar work sunk into underground strata, including any adit or passage constructed in connection with the well, borehole or work for facilitating the collection of water in the well, borehole or work; or
any excavation into underground strata where the level of water in the excavation depends wholly or mainly on water entering it from the strata.
“Substance” shall be treated as including electricity or heat and “prescribed substance” has the meaning given by section 2(7) below.
In this Part “the appropriate Agency” means—
in relation to England and Wales, the Environment Agency; and
in relation to Scotland, SEPA.
The Secretary of State may, by regulations, prescribe any description of process as a process for the carrying on of which after a prescribed date an authorisation is required under section 6 below.
Regulations under subsection (1) above may frame the description of a process by reference to any characteristics of the process or the area or other circumstances in which the process is carried on or the description of person carrying it on.
Regulations under subsection (1) above may prescribe or provide for the determination under the regulations of different dates for different descriptions of persons and may include such transitional provisions as the Secretary of State considers necessary or expedient as respects the making of applications for authorisations and suspending the application of section 6(1) below until the determination of applications made within the period allowed by the regulations.
Regulations under subsection (1) above shall, as respects each description of process, designate it as one for central control or one for local control.
The Secretary of State may, by regulations, prescribe any description of substance as a substance the release of which into the environment is subject to control under sections 6 and 7 below.
Regulations under subsection (5) above may— and in relation to a substance of a description which is prescribed for releases into the air, the regulations may designate the substance as one for central control or one for local control.
prescribe separately, for each environmental medium, the substances the release of which into that medium is to be subject to control; and
provide that a description of substance is only prescribed, for any environmental medium, so far as it is released into that medium in such amounts over such periods, in such concentrations or in such other circumstances as may be specified in the regulations;
In this Part “prescribed substance” means any substance of a description prescribed in regulations under subsection (5) above or, in the case of a substance of a description prescribed only for releases in circumstances specified under subsection (6)(b) above, means any substance of that description which is released in those circumstances.
The Secretary of State may make regulations under subsection (2) or (4) below establishing standards, objectives or requirements in relation to particular prescribed processes or particular substances.
Regulations under this subsection may—
in relation to releases of any substance from prescribed processes into any environmental medium, prescribe standard limits for—
the concentration, the amount or the amount in any period of that substance which may be so released; and
any other characteristic of that substance in any circumstances in which it may be so released;
prescribe standard requirements for the measurement or analysis of, or of releases of, substances for which limits have been set under paragraph (a) above; and
in relation to any prescribed process, prescribe standards or requirements as to any aspect of the process.
Regulations under subsection (2) above may make different provision in relation to different cases, including different provision in relation to different processes, descriptions of person, localities or other circumstances.
Regulations under this subsection may establish for any environmental medium (in all areas or in specified areas) quality objectives or quality standards in relation to any substances which may be released into that or any other medium from any process.
The Secretary of State may make plans for— and the Secretary of State may, from time to time, revise any plan so made.
establishing limits for the total amount, or the total amount in any period, of any substance which may be released into the environment in, or in any area within, the United Kingdom;
allocating quotas as respects the release of substances to persons carrying on processes in respect of which any such limit is established;
establishing limits of the descriptions specified in subsection (2)(a) above so as progressively to reduce pollution of the environment;
the progressive improvement in the quality objectives and quality standards established by regulations under subsection (4) above;
Regulations or plans under this section may be made for any purposes of this Part or for other purposes.
The Secretary of State shall give notice in the London, Edinburgh and Belfast Gazettes of the making and the revision of any plan under subsection (5) above and shall make the documents containing the plan, or the plan as so revised, available for inspection by members of the public at the places specified in the notice.
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This section determines the authority by whom the functions conferred or imposed by this Part otherwise than on the Secretary of State are exercisable and the purposes for which they are exercisable.
Those functions, in their application to prescribed processes designated for central control, shall be functions of the appropriate Agency, and shall be exercisable for the purpose of preventing or minimising pollution of the environment due to the release of substances into any environmental medium.
Subject to subsection (4) below, those functions, in their application to prescribed processes designated for local control, shall be functions of— and the functions applicable to such processes shall be exercisable for the purpose of preventing or minimising pollution of the environment due to the release of substances into the air (but not into any other environmental medium).
in the case of a prescribed process carried on (or to be carried on) by means of a mobile plant, where the person carrying on the process has his principal place of business—
in England and Wales, the local authority in whose area that place of business is;
in Scotland, SEPA;
in any other cases, where the prescribed processes are (or are to be) carried on—
in England and Wales, the local authority in whose area they are (or are to be) carried on;
in Scotland, SEPA;
The Secretary of State may, as respects the functions under this Part being exercised by a local authority specified in the direction, direct that those functions shall be exercised instead by the Environment Agency while the direction remains in force or during a period specified in the direction.
A transfer of functions under subsection (4) above to the Environment Agency does not make them exercisable by that Agency for the purpose of preventing or minimising pollution of the environment due to releases of substances into any other environmental medium than the air.
In England and Wales, a local authority, in exercising the functions conferred or imposed on it under this Part by virtue of subsection (3) above, shall have regard to the strategy for the time being published pursuant to section 80 of the Environment Act 1995.
A direction under subsection (4) above may transfer those functions as exercisable in relation to all or any description of prescribed processes carried on by all or any description of persons (a “general direction”) or in relation to a prescribed process carried on by a specified person (a “specific direction”).
A direction under subsection (4) above may include such saving and transitional provisions as the Secretary of State considers necessary or expedient.
The Secretary of State, on giving or withdrawing a direction under subsection (4) above, shall—
in the case of a general direction—
forthwith serve notice of it on the Environment Agency and on the local enforcing authorities affected by the direction; and
cause notice of it to be published as soon as practicable in the London Gazette . . . and in at least one newspaper circulating in the area of each authority affected by the direction;
in the case of a specific direction— and any such notice shall specify the date at which the direction is to take (or took) effect and (where appropriate) its duration.
forthwith serve notice of it on the Environment Agency, the local enforcing authority and the person carrying on or appearing to the Secretary of State to be carrying on the process affected, and
cause notice of it to be published as soon as practicable in the London Gazette . . . and in at least one newspaper circulating in the authority’s area;
It shall be the duty of local authorities to follow such developments in technology and techniques for preventing or reducing pollution of the environment due to releases of substances from prescribed processes as concern releases into the air of substances from prescribed processes designated for local control.
It shall be the duty of the Environment Agency, SEPA and the local enforcing authorities to give effect to any directions given to them under any provision of this Part.
The requirements of sub-paragraph (ii) of paragraph (a) or, as the case may be, of paragraph (b) of subsection (8) above shall not apply in any case where, in the opinion of the Secretary of State, the publication of notice in accordance with that sub-paragraph would be contrary to the interests of national security.
In this Part “local authority” means, subject to subsection (12) below—
in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple;
in England . . .,outside Greater London, a district council and the Council of the Isles of Scilly; . . .
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in Wales, a county council or county borough council;
Subsections (4) to (8A) above shall not apply to Scotland.
Where, by an order under section 2 of the Public Health (Control of Disease) Act 1984, a port health authority has been constituted for any port health district, the port health authority shall have by virtue of this subsection, as respects its district, the functions conferred or imposed by this Part and no such order shall be made assigning those functions; and “local authority” and “area” shall be construed accordingly.
For the purposes of section 4(2) above in its application to Scotland, the Secretary of State shall make regulations prescribing—
the method and arrangements for determining whether the functions referred to in that subsection shall be functions of the chief inspector or of a river purification authority;
if the functions are determined under paragraph (a) above to be functions of a river purification authority, the river purification authority by whom they are to be exercised.
The Secretary of State may make regulations prescribing—
the circumstances and manner in which consultation shall be carried out between— before granting, varying, transferring or revoking an authorisation or serving an enforcement or prohibition notice;
whichever of the chief inspector or river purification authority is determined under regulations made under subsection (1) above to be the enforcing authority, and
the other (the “consulted authority”),
the circumstances in which the consulted authority may require the enforcing authority to include, in an authorisation, conditions which the consulted authority reasonably believe will achieve the objectives specified in section 7(2) below.
Regulations under this section may contain such incidental, supplemental and consequential provision as the Secretary of State considers appropriate.
This section applies to Scotland only.
No person shall carry on a prescribed process after the date prescribed or determined for that description of process by or under regulations under section 2(1) above (but subject to any transitional provision made by the regulations) except under an authorisation granted by the enforcing authority and in accordance with the conditions to which it is subject.
An application for an authorisation shall be made to the enforcing authority in accordance with Part I of Schedule 1 to this Act and shall be accompanied by
in a case where, by virtue of section 41 of the Environment Act 1995, a charge prescribed by a charging scheme under that section is required to be paid to the appropriate Agency in respect of the application, the charge so prescribed; or
in any other case, the fee prescribed under section 8(2)(a) below.
Where an application is duly made to the enforcing authority, the authority shall either grant the authorisation subject to the conditions required or authorised to be imposed by section 7 below or refuse the application.
An application shall not be granted unless the enforcing authority considers that the applicant will be able to carry on the process so as to comply with the conditions which would be included in the authorisation.
The Secretary of State may, if he thinks fit in relation to any application for an authorisation, give to the enforcing authority directions as to whether or not the authority should grant the authorisation.
Subject to subsection (6A) below, the enforcing authority shall, as respects each authorisation in respect of which it has functions under this Part, from time to time but not less frequently than once in every period of four years, carry out a review of the conditions of the authorisation.
The Secretary of State may, by regulations, substitute for the period for the time being specified in subsection (6) above such other period as he thinks fit.
Schedule 1 to this Act (supplementary provisions) shall have effect in relation to authorisations.
In subsection (6A) above, “new Part A installation”, “existing Part A installation”, “new Part A mobile plant”, “existing Part A mobile plant”, “relevant period”, “existing Part B installation”, “existing Part B mobile plant” and “relevant date” have the meanings given in Schedule 3 to the Pollution Prevention and Control (Scotland) Regulations 2000. In subsection (6A), “Part A activity”, “Part B activity”, “solvent emission activity” and “mobile plant” have the meanings given in the Pollution Prevention and Control (Scotland) Regulations 2012.
There shall be included in an authorisation— but no conditions shall be imposed for the purpose only of securing the health of persons at work (within the meaning of Part I of the Health and Safety at Work etc. Act 1974).
subject to paragraph (b) below, such specific conditions as the enforcing authority considers appropriate, when taken with the general condition implied by subsection (4) below, for achieving the objectives specified in subsection (2) below;
such conditions as are specified in directions given by the Secretary of State under subsection (3) below; and
such other conditions (if any) as appear to the enforcing authority to be appropriate;
Those objectives are—
ensuring that, in carrying on a prescribed process, the best available techniques not entailing excessive cost will be used—
for preventing the release of substances prescribed for any environmental medium into that medium or, where that is not practicable by such means, for reducing the release of such substances to a minimum and for rendering harmless any such substances which are so released; and
for rendering harmless any other substances which might cause harm if released into any environmental medium;
compliance with any directions by the Secretary of State given for the implementation of any assimilated obligations or international law relating to environmental protection;
compliance with any limits or requirements and achievement of any quality standards or quality objectives prescribed by the Secretary of State under any of the relevant enactments;
compliance with any requirements applicable to the grant of authorisations specified by or under a plan made by the Secretary of State under section 3(5) above.
Except as respects the general condition implied by subsection (4) below, the Secretary of State may give directions to the enforcing authorities as to the conditions which are, or are not, to be included in all authorisations, in authorisations of any specified description or in any particular authorisation.
Subject to subsections (5) and (6) below, there is implied in every authorisation a general condition that, in carrying on the process to which the authorisation applies, the person carrying it on must use the best available techniques not entailing excessive cost—
for preventing the release of substances prescribed for any environmental medium into that medium or, where that is not practicable by such means, for reducing the release of such substances to a minimum and for rendering harmless any such substances which are so released; and
for rendering harmless any other substances which might cause harm if released into any environmental medium.
In the application of subsections (1) to (4) above to authorisations granted by a local enforcing authority references to the release of substances into any environmental medium are to be read as references to the release of substances into the air.
The obligation implied by virtue of subsection (4) above shall not apply in relation to any aspect of the process in question which is regulated by a condition imposed under subsection (1) above.
The objectives referred to in subsection (2) above shall, where the process— include the objective of ensuring that the best available techniques not entailing excessive cost will be used for minimising the pollution which may be caused to the environment taken as a whole by the releases having regard to the best practicable environmental option available as respects the substances which may be released.
is one designated for central control; and
is likely to involve the release of substances into more than one environmental medium;
An authorisation for carrying on a prescribed process may, without prejudice to the generality of subsection (1) above, include conditions—
imposing limits on the amount or composition of any substance produced by or utilised in the process in any period; and
requiring advance notification of any proposed change in the manner of carrying on the process.
This section has effect subject to section 28 below . . .
References to the best available techniques not entailing excessive cost, in relation to a process, include (in addition to references to any technical means and technology) references to the number, qualifications, training and supervision of persons employed in the process and the design, construction, lay-out and maintenance of the buildings in which it is carried on.
It shall be the duty of enforcing authorities to have regard to any guidance issued to them by the Secretary of State for the purposes of the application of subsections (2) and (7) above as to the techniques and environmental options that are appropriate for any description of prescribed process.
In subsection (2) above “the relevant enactments” are any enactments or instruments contained in or made for the time being under—
section 2 of the Clean Air Act 1968;
assimilated law;
Part I of the Health and Safety at Work etc. Act 1974;
Parts II, III or IV of the Control of Pollution Act 1974;
the Water Resources Act 1991; and
section 3 of this Act ; and
section 87 of the Environment Act 1995. and
Part 1 of the Water Environment and Water Services (Scotland) Act 2003 (asp 3).
There shall be charged by and paid to the local enforcing authority such fees and charges as may be prescribed from time to time by a scheme under subsection (2) below (whether by being specified in or made calculable under the scheme).
The Secretary of State may, with the approval of the Treasury, make, and from time to time revise, a scheme prescribing—
fees payable in respect of applications for authorisations;
fees payable by persons holding authorisations in respect of, or of applications for, the variation of authorisations; and
charges payable by such persons in respect of the subsistence of their authorisations.
The Secretary of State shall, on making or revising a scheme under subsection (2) above, lay a copy of the scheme or of the alterations made in the scheme or, if he considers it more appropriate, the scheme as revised, before each House of Parliament.
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A scheme under subsection (2) above may, in particular—
make different provision for different cases, including different provision in relation to different persons, circumstances or localities;
allow for reduced fees or charges to be payable in respect of authorisations for a number of prescribed processes carried on by the same person;
provide for the times at which and the manner in which the payments required by the scheme are to be made; and
make such incidental, supplementary and transitional provision as appears to the Secretary of State to be appropriate.
The Secretary of State, in framing a scheme under subsection (2) above, shall, so far as practicable, secure that the fees and charges payable under the scheme are sufficient, taking one financial year with another, to cover the relevant expenditure attributable to authorisations.
The “relevant expenditure attributable to authorisations” is the expenditure incurred by the local enforcing authorities in exercising their functions under this Part in relation to authorisations . . . together with the expenditure incurred by the Environment Agency in exercising, in relation to authorisations granted by local enforcing authorities or the prescribed processes to which such authorisations relate, such of its functions as are specified in the scheme.
If it appears to the local enforcing authority that the holder of an authorisation has failed to pay a charge due in consideration of the subsistence of the authorisation, it may, by notice in writing served on the holder, revoke the authorisation.
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The foregoing provisions of this section shall not apply to Scotland.
In Scotland, the chief inspector may make to a river purification authority and a river purification authority may make to the chief inspector payments of such amounts as are appropriate to meet their estimated relevant expenditure attributable to authorisations, such amounts to be determined by the Secretary of State if the chief inspector and the authority fail to agree on an appropriate amount of payment.
An authorisation for the carrying on of any prescribed process may be transferred by the holder to a person who proposes to carry on the process in the holder’s place.
Where an authorisation is transferred under this section, the person to whom it is transferred shall notify the enforcing authority in writing of that fact not later than the end of the period of twenty-one days beginning with the date of the transfer.
An authorisation which is transferred under this section shall have effect on and after the date of the transfer as if it had been granted to that person under section 6 above, subject to the same conditions as were attached to it immediately before that date.
The enforcing authority may at any time, subject to the requirements of section 7 above, and, in cases to which they apply, the requirements of Part II of Schedule 1 to this Act, vary an authorisation and shall do so if it appears to the authority at that time that that section requires conditions to be included which are different from the subsisting conditions.
Where the enforcing authority has decided to vary an authorisation under subsection (1) above the authority shall notify the holder of the authorisation and serve a variation notice on him.
In this Part a “variation notice” is a notice served by the enforcing authority on the holder of an authorisation— and, unless the notice is withdrawn or is varied under subsection (3A) below, the variations specified in a variation notice shall take effect on the date or dates so specified.
specifying variations of the authorisation which the enforcing authority has decided to make; and
specifying the date or dates on which the variations are to take effect;
A variation notice served under subsection (2) above shall also—
require the holder of the authorisation, within such period as may be specified in the notice, to notify the authority what action (if any) he proposes to take to ensure that the process is carried on in accordance with the authorisation as varied by the notice; and
require the holder to pay, within such period as may be specified in the notice,—
in a case where the enforcing authority is the Environment Agency or SEPA, the charge (if any) prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; or
in any other case, the fee (if any) prescribed by a scheme under section 8 above.
An enforcing authority which has served a variation notice may vary that notice by serving on the holder of the authorisation in question a further notice— and any reference in this Part to a variation notice, or to a variation notice served under subsection (2) above, includes a reference to such a notice as varied by a further notice served under this subsection.
specifying the variations which the enforcing authority has decided to make to the variation notice; and
specifying the date or dates on which the variations specified in the variation notice, as varied by the further notice, are to take effect;
Where in the opinion of the enforcing authority any action to be taken by the holder of an authorisation in consequence of a variation notice served under subsection (2) above will involve a substantial change in the manner in which the process is being carried on, the enforcing authority shall notify the holder of its opinion.
The Secretary of State may, if he thinks fit in relation to authorisations of any description or particular authorisations, direct the enforcing authorities— and the Secretary of State shall have the corresponding power of direction in respect of the powers of the enforcing authorities to vary authorisations under section 11 below.
to exercise their powers under this section, or to do so in such circumstances as may be specified in the directions, in such manner as may be so specified; or
not to exercise those powers, or not to do so in such circumstances or such manner as may be so specified;
In this section and section 11 below a “substantial change”, in relation to a prescribed process being carried on under an authorisation, means a substantial change in the substances released from the process or in the amount or any other characteristic of any substance so released; and the Secretary of State may give directions to the enforcing authorities as to what does or does not constitute a substantial change in relation to processes generally, any description of process or any particular process.
In this section and section 11 below—
“substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour and it includes mixtures of substances.
“council” means a council established by section 128(1) of this Act.
A person carrying on a prescribed process under an authorisation who wishes to make a relevant change in the process may at any time— and a person making a request under paragraph (b) above shall furnish the enforcing authority with such information as may be prescribed or as the authority may by notice require.
notify the enforcing authority in the prescribed form of that fact, and
request the enforcing authority to make a determination, in relation to the proposed change, of the matters mentioned in subsection (2) below;
On receiving a request under subsection (1) above the enforcing authority shall determine— and the enforcing authority shall notify the holder of the authorisation of its determination of those matters.
whether the proposed change would involve a breach of any condition of the authorisation;
if it would not involve such a breach, whether the authority would be likely to vary the conditions of the authorisation as a result of the change;
if it would involve such a breach, whether the authority would consider varying the conditions of the authorisation so that the change may be made; and
whether the change would involve a substantial change in the manner in which the process is being carried on;
Where the enforcing authority has determined that the proposed change would not involve a substantial change, but has also determined under paragraph (b) or (c) of subsection (2) above that the change would lead to or require the variation of the conditions of the authorisation, then—
the enforcing authority shall (either on notifying its determination under that subsection or on a subsequent occasion) notify the holder of the authorisation of the variations which the authority is likely to consider making; and
the holder may apply in the prescribed form to the enforcing authority for the variation of the conditions of the authorisation so that he may make the proposed change.
Where the enforcing authority has determined that a proposed change would involve a substantial change that would lead to or require the variation of the conditions of the authorisation, then—
the authority shall (either on notifying its determination under subsection (2) above or on a subsequent occasion) notify the holder of the authorisation of the variations which the authority is likely to consider making; and
the holder of the authorisation shall, if he wishes to proceed with the change, apply in the prescribed form to the enforcing authority for the variation of the conditions of the authorisation.
The holder of an authorisation may at any time, unless he is carrying on a prescribed process under the authorisation and wishes to make a relevant change in the process, apply to the enforcing authority in the prescribed form for the variation of the conditions of the authorisation.
A person carrying on a process under an authorisation who wishes to make a relevant change in the process may, where it appears to him that the change will require the variation of the conditions of the authorisation, apply to the enforcing authority in the prescribed form for the variation of the conditions of the authorisation specified in the application.
A person who makes an application for the variation of the conditions of an authorisation shall furnish the authority with such information as may be prescribed or as the authority may by notice require.
On an application for variation of the conditions of an authorisation under any provision of this section—
the enforcing authority may, having fulfilled the requirements of Part II of Schedule 1 to this Act in cases to which they apply, as it thinks fit either refuse the application or, subject to the requirements of section 7 above, vary the conditions or, in the case of an application under subsection (6) above, treat the application as a request for a determination under subsection (2) above; and
if the enforcing authority decides to vary the conditions, it shall serve a variation notice on the holder of the authorisation.
Any application to the enforcing authority under this section shall be accompanied—
in a case where the enforcing authority is the Environment Agency or SEPA, by the charge (if any) prescribed for the purpose by a charging scheme under section 41 of the Environment Act 1995; or
in any other case, by the fee (if any) prescribed by a scheme under section 8 above.
This section applies to any provision other than a condition which is contained in an authorisation as it applies to a condition with the modification that any reference to the breach of a condition shall be read as a reference to acting outside the scope of the authorisation.
For the purposes of this section a relevant change in a prescribed process is a change in the manner of carrying on the process which is capable of altering the substances released from the process or of affecting the amount or any other characteristic of any substance so released.
The enforcing authority may at any time revoke an authorisation by notice in writing to the person holding the authorisation.
Without prejudice to the generality of subsection (1) above, the enforcing authority may revoke an authorisation where it has reason to believe that a prescribed process for which the authorisation is in force has not been carried on or not for a period of twelve months.
The revocation of an authorisation under this section shall have effect from the date specified in the notice; and the period between the date on which the notice is served and the date so specified shall not be less than twenty-eight days.
The enforcing authority may, before the date on which the revocation of an authorisation takes effect, withdraw the notice or vary the date specified in it.
The Secretary of State may, if he thinks fit in relation to an authorisation, give to the enforcing authority directions as to whether the authority should revoke the authorisation under this section.
If the enforcing authority is of the opinion that the person carrying on a prescribed process under an authorisation is contravening any condition of the authorisation, or is likely to contravene any such condition, the authority may serve on him a notice (“an enforcement notice”).
An enforcement notice shall—
state that the authority is of the said opinion;
specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;
specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be; and
specify the period within which those steps must be taken.
The Secretary of State may, if he thinks fit in relation to the carrying on by any person of a prescribed process, give to the enforcing authority directions as to whether the authority should exercise its powers under this section and as to the steps which are to be required to be taken under this section.
The enforcing authority may, as respects any enforcement notice it has issued to any person, by notice in writing served on that person, withdraw the notice.
If the enforcing authority is of the opinion, as respects the carrying on of a prescribed process under an authorisation, that the continuing to carry it on, or the continuing to carry it on in a particular manner, involves an imminent risk of serious pollution of the environment the authority shall serve a notice (a “prohibition notice”) on the person carrying on the process.
A prohibition notice may be served whether or not the manner of carrying on the process in question contravenes a condition of the authorisation and may relate to any aspects of the process, whether regulated by the conditions of the authorisation or not.
A prohibition notice shall— and where the direction applies to part only of the process it may impose conditions to be observed in carrying on the part which is authorised to be carried on.
state the authority’s opinion;
specify the risk involved in the process;
specify the steps that must be taken to remove it and the period within which they must be taken; and
direct that the authorisation shall, until the notice is withdrawn, wholly or to the extent specified in the notice cease to have effect to authorise the carrying on of the process;
The Secretary of State may, if he thinks fit in relation to the carrying on by any person of a prescribed process, give to the enforcing authority directions as to—
whether the authority should perform its duties under this section; and
the matters to be specified in any prohibition notice in pursuance of subsection (3) above which the authority is directed to issue.
The enforcing authority shall, as respects any prohibition notice it has issued to any person, by notice in writing served on that person, withdraw the notice when it is satisfied that the steps required by the notice have been taken.
The following persons, namely— may appeal against the decision of the enforcing authority to the Secretary of State (except where the decision implements a direction of his).
a person who has been refused the grant of an authorisation under section 6 above;
a person who is aggrieved by the conditions attached, under any provision of this Part, to his authorisation;
a person who has been refused a variation of an authorisation on an application under section 11 above;
a person whose authorisation has been revoked under section 12 above;
A person on whom a variation notice, an enforcement notice or a prohibition notice is served may appeal against the notice to the Secretary of State (except where the notice implements a direction of his)..
This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).
the Secretary of State may refer any matter involved in the appeal to a person appointed by him for the purpose; or
the Secretary of State may, instead of determining the appeal himself, direct that the appeal or any matter involved in it shall be determined by a person appointed by him for the purpose;
An appeal under this section shall, if and to the extent required by regulations under subsection (10) below, be advertised in such manner as may be prescribed by regulations under that subsection.
Before determining an appeal under this section, the Secretary of State may, if he thinks fit— and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by either party to the appeal to be heard with respect to the appeal.
cause the appeal to take or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private); or
cause a local inquiry to be held;
On determining an appeal against a decision of an enforcing authority under subsection (1) above, the Secretary of State— and where he exercises any of the powers in paragraphs (b), (c) or (d) above, he may give directions as to the conditions to be attached to the authorisation.
may affirm the decision;
where the decision was a refusal to grant an authorisation or a variation of an authorisation, may direct the enforcing authority to grant the authorisation or to vary the authorisation, as the case may be;
where the decision was as to the conditions attached to an authorisation, may quash all or any of the conditions of the authorisation;
where the decision was to revoke an authorisation, may quash the decision;
On the determination of an appeal under subsection (2) above the Secretary of State may either quash or affirm the notice and, if he affirms it, may do so either in its original form or with such modifications as he may in the circumstances think fit.
Where an appeal is brought under subsection (1) above against the revocation of an authorisation, the revocation shall not take effect pending the final determination or the withdrawal of the appeal.
Where an appeal is brought under subsection (2) above against a notice, the bringing of the appeal shall not have the effect of suspending the operation of the notice.
Provision may be made by the Secretary of State by regulations with respect to appeals under this section and in particular—
as to the period within which and the manner in which appeals are to be brought; and
as to the manner in which appeals are to be considered.and any such regulations may make different provision for different cases or different circumstances.
The Secretary of State may appoint as inspectors (under whatever title he may determine) such persons having suitable qualifications as he thinks necessary for carrying this Part into effect in relation to prescribed processes designated for central control or for the time being transferred under section 4(4) above to central control, and may terminate any appointment made under this subsection.
The Secretary of State may make to or in respect of any person so appointed such payments by way of remuneration, allowances or otherwise as he may with the approval of the Treasury determine.
In relation to England and Wales the Secretary of State shall constitute one of the inspectors appointed under subsection (1) above to be the chief inspector for England and Wales and in relation to Scotland the Secretary of State shall constitute one of the said inspectors to be the chief inspector for Scotland.
The functions conferred or imposed by or under this Part on the chief inspector as the enforcing authority may, to any extent, be delegated by him to any other inspector appointed under subsection (1) above.
A river purification authority may appoint as inspectors (under whatever title the authority may determine) such persons having suitable qualifications as the authority thinks necessary for carrying this Part into effect in relation to prescribed processes designated for central control and may terminate any appointment made under this subsection.
Any local authority may appoint as inspectors (under whatever title the authority may determine) such persons having suitable qualifications as the authority think necessary for carrying this Part into effect in the authority’s area in relation to prescribed processes designated for local control (and not so transferred), and may terminate any appointment made under this subsection.
An inspector shall not be liable in any civil or criminal proceedings for anything done in the purported performance of his functions under section 17 or 18 below if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.
In the following provisions of this Part “inspector” means a person appointed as an inspector under subsection (1), (5) or (6) above.
An inspector may, on production (if so required) of his authority, exercise any of the powers in subsection (3) below for the purposes of the discharge of the functions of the enforcing authority.
Those powers, so far as exercisable in relation to premises, are exercisable in relation—
to premises on which a prescribed process is, or is believed (on reasonable grounds) to be, carried on; and
to premises on which a prescribed process has been carried on (whether or not the process was a prescribed process when it was carried on) the condition of which is believed (on reasonable grounds) to be such as to give rise to a risk of serious pollution of the environment.
The powers of an inspector referred to above are— and in so far as any of the powers specified above are applicable in relation to mobile plant an inspector shall have, in circumstances corresponding to those specified in subsection (2) above, powers corresponding to those powers.
at any reasonable time (or, in a situation in which in his opinion there is an immediate risk of serious pollution of the environment, at any time) to enter premises which he has reason to believe it is necessary for him to enter;
on entering any premises by virtue of paragraph (a) above to take with him—
any person duly authorised by the chief inspector, the river purification authority or, as the case may be, the local enforcing authority and, if the inspector has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and
any equipment or materials required for any purpose for which the power of entry is being exercised;
to make such examination and investigation as may in any circumstances be necessary;
as regards any premises which he has power to enter, to direct that those premises or any part of them, or anything in them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (c) above;
to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (c) above;
to take samples of any articles or substances found in or on any premises which he has power to enter, and of the air, water or land in, on, or in the vicinity of, the premises;
in the case of any article or substance found in or on any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause pollution of the environment, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is necessary);
in the case of any such article or substance as is mentioned in paragraph (g) above, to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—
to examine it and do to it anything which he has power to do under that paragraph;
to ensure that it is not tampered with before his examination of it is completed;
to ensure that it is available for use as evidence in any proceedings for an offence under section 23 below or any other proceedings relating to a variation notice, an enforcement notice or a prohibition notice;
to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (c) above to answer (in the absence of persons other than a person nominated to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;
to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which are required to be kept under this Part or it is necessary for him to see for the purposes of an examination or investigation under paragraph (c) above and to inspect and take copies of, or of any entry in, the records;
to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any of the powers conferred on him by this section;
any other power for the purpose mentioned in subsection (1) above which is conferred by regulations made by the Secretary of State;
The Secretary of State may by regulations make provision as to the procedure to be followed in connection with the taking of, and the dealing with, samples under subsection (3)(f) above.
Where an inspector proposes to exercise the power conferred by subsection (3)(g) above in the case of an article or substance found on any premises, he shall, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.
Before exercising the power conferred by subsection (3)(g) above in the case of any article or substance, an inspector shall consult such persons as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under the power.
Where under the power conferred by subsection (3)(h) above an inspector takes possession of any article or substance found on any premises, he shall leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that he has taken possession of it under that power; and before taking possession of any such substance under that power an inspector shall, if it is practical for him to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.
No answer given by a person in pursuance of a requirement imposed under subsection (3)(i) above shall be admissible in evidence in England and Wales against that person in any proceedings, or in Scotland against that person in any criminal proceedings.
The powers conferred by subsection (3)(a), (b)(ii), (c), (e) and (f) above shall also be exercisable (subject to subsection (4) above) by any person authorised for the purpose in writing by the Secretary of State.
Nothing in this section shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, in relation to Scotland, on an order for the production of documents in an action in the Court of Session.
Where, in the case of any article or substance found by him on any premises which he has power to enter, an inspector has reasonable cause to believe that, in the circumstances in which he finds it, the article or substance is a cause of imminent danger of serious harm he may seize it and cause it to be rendered harmless (whether by destruction or otherwise).
Before there is rendered harmless under this section— the inspector shall, if it is practicable for him to do so, take a sample of it and give to a responsible person at the premises where the article or substance was found by him a portion of the sample marked in a manner sufficient to identify it.
any article that forms part of a batch of similar articles; or
any substance,
As soon as may be after any article or substance has been seized and rendered harmless under this section, the inspector shall prepare and sign a written report giving particulars of the circumstances in which the article or substance was seized and so dealt with by him, and shall— and if, where paragraph (b) above applies, the inspector cannot after reasonable inquiry ascertain the name or address of the owner, the copy may be served on him by giving it to the person to whom a copy was given under paragraph (a) above.
give a signed copy of the report to a responsible person at the premises where the article or substance was found by him; and
unless that person is the owner of the article or substance, also serve a signed copy of the report on the owner;
For the purposes of the discharge of his functions under this Part, the Secretary of State may, by notice in writing served on an enforcing authority, require the authority to furnish such information about the discharge of its functions as an enforcing authority under this Part as he may require.
For the purposes of the discharge of their respective functions under this Part, the following authorities, that is to say— may, by notice in writing served on any person, require that person to furnish to the authority such information which the authority reasonably considers that it needs as is specified in the notice, in such form and within such period following service of the notice , or at such time, as is so specified.
the Secretary of State,
a local enforcing authority,
the Environment Agency, and
SEPA,
For the purposes of this section the discharge by the Secretary of State of an obligation of the United Kingdom under ... any international agreement relating to environmental protection shall be treated as a function of his under this Part.
It shall be the duty of each enforcing authority, as respects prescribed processes for which it is the enforcing authority, to maintain, in accordance with regulations made by the Secretary of State, a register containing prescribed particulars of or relating to— but that duty is subject to sections 21 and 22 below.
applications for authorisations made to that authority;
the authorisations which have been granted by that authority or in respect of which the authority has functions under this Part;
variation notices, enforcement notices and prohibition notices issued by that authority;
revocations of authorisations effected by that authority;
appeals under section 15 above;
convictions for such offences under section 23(1) below as may be prescribed;
information obtained or furnished in pursuance of the conditions of authorisations or under any provision of this Part;
directions given to the authority under any provision of this Part by the Secretary of State; and
such other matters relating to the carrying on of prescribed processes or any pollution of the environment caused thereby as may be prescribed;
Subject to subsection (4) below, the register maintained by a local enforcing authority in England and Wales shall also contain prescribed particulars of such information contained in any register maintained by the Environment Agency as relates to the carrying on in the area of the authority of prescribed processes in relation to which the Environment Agency has functions under this Part; and the Environment Agency shall furnish each authority with the particulars which are necessary to enable it to discharge its duty under this subsection.
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the chief inspector shall also contain prescribed particulars of such information contained in any register maintained by a river purification authority as relates to the carrying on in the area of the authority of prescribed processes in relation to which the authority has functions under this Part, and each authority shall furnish the chief inspector with the particulars which are necessary to enable him to discharge his duty under this section;
each river purification authority shall also contain prescribed particulars of such information contained in any register maintained by the chief inspector as relates to the carrying on in the area of the authority of prescribed processes in relation to which the chief inspector has functions under this Part, and the chief inspector shall furnish each authority with the particulars which are necessary to enable them to discharge their duty under this section.
Subsection (2) above does not apply to port health authorities but each local enforcing authority in England and Wales whose area adjoins that of a port health authority shall include corresponding information in the register maintained by it; and the Environment Agency shall furnish each such local enforcing authority with the particulars which are necessary to enable it to discharge its duty under this subsection.
Where information of any description is excluded from any register by virtue of section 22 below, a statement shall be entered in the register indicating the existence of information of that description.
The Secretary of State may give to enforcing authorities directions requiring the removal from any register of theirs of any specified information not prescribed for inclusion under subsection (1) or (2) above or which, by virtue of section 21 or 22 below, ought to have been excluded from the register.
It shall be the duty of each enforcing authority—
to secure that the registers maintained by them under this section are available, at all reasonable times, for inspection by the public free of charge; and (b) to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges.and, for the purposes of this subsection, places may be prescribed by the Secretary of State at which any such registers or facilities as are mentioned in paragraph (a) or (b) above are to be available or afforded to the public in pursuance of the paragraph in question.
Registers under this section may be kept in any form.
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In this section “prescribed” means prescribed in regulations under this section.
No information shall be included in a register maintained under section 20 above if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or information of that description, would be contrary to the interests of national security.
The Secretary of State may, for the purpose of securing the exclusion from registers of information to which subsection (1) above applies, give to enforcing authorities directions— and no information referred to the Secretary of State in pursuance of paragraph (b) above shall be included in any such register until the Secretary of State determines that it should be so included.
specifying information, or descriptions of information, to be excluded from their registers; or
specifying descriptions of information to be referred to the Secretary of State for his determination;
The enforcing authority shall notify the Secretary of State of any information it excludes from the register in pursuance of directions under subsection (2) above.
A person may, as respects any information which appears to him to be information to which subsection (1) above may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so—
he shall notify the enforcing authority that he has done so; and
no information so notified to the Secretary of State shall be included in any such register until the Secretary of State has determined that it should be so included.
No information relating to the affairs of any individual or business shall be included in a register maintained under section 20 above, without the consent of that individual or the person for the time being carrying on that business, if and so long as the information— but information is not commercially confidential for the purposes of this section unless it is determined under this section to be so by the enforcing authority or, on appeal, by the Secretary of State.
is, in relation to him, commercially confidential; and
is not required to be included in the register in pursuance of directions under subsection (7) below;
Where information is furnished to an enforcing authority for the purpose of— then, if the person furnishing it applies to the authority to have the information excluded from the register on the ground that it is commercially confidential (as regards himself or another person), the authority shall determine whether the information is or is not commercially confidential.
an application for an authorisation or for the variation of an authorisation;
complying with any condition of an authorisation; or
complying with a notice under section 19(2) above;
A determination under subsection (2) above must be made within the period of fourteen days beginning with the date of the application and if the enforcing authority fails to make a determination within that period it shall be treated as having determined that the information is commercially confidential.
Where it appears to an enforcing authority that any information (other than information furnished in circumstances within subsection (2) above) which has been obtained by the authority under or by virtue of any provision of this Part might be commercially confidential, the authority shall—
give to the person to whom or whose business it relates notice that that information is required to be included in the register unless excluded under this section; and
give him a reasonable opportunity— and, if any representations are made, the enforcing authority shall, having taken the representations into account, determine whether the information is or is not commercially confidential.
of objecting to the inclusion of the information on the ground that it is commercially confidential; and
of making representations to the authority for the purpose of justifying any such objection;
Where, under subsection (2) or (4) above, an authority determines that information is not commercially confidential— and, where an appeal is brought in respect of any information, the information shall not be entered in the register until the end of the period of seven days following the day on which the appeal is finally determined or withdrawn.
the information shall not be entered in the register until the end of the period of twenty-one days beginning with the date on which the determination is notified to the person concerned;
that person may appeal to the Secretary of State against the decision;
Subsections (5) and (10) of section 15 above shall apply in relation to an appeal under subsection (5) above as they apply in relation to an appeal under that section, but—
subsection (5) of that section shall have effect for the purposes of this subsection with the substitution for the words from “(which may” onwards of the words “(which must be held in private)”; and
subsection (5) above is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).
The Secretary of State may give to the enforcing authorities directions as to specified information, or descriptions of information, which the public interest requires to be included in registers maintained under section 20 above notwithstanding that the information may be commercially confidential.
Information excluded from a register shall be treated as ceasing to be commercially confidential for the purposes of this section at the expiry of the period of four years beginning with the date of the determination by virtue of which it was excluded; but the person who furnished it may apply to the authority for the information to remain excluded from the register on the ground that it is still commercially confidential and the authority shall determine whether or not that is the case.
Subsections (5) and (6) above shall apply in relation to a determination under subsection (8) above as they apply in relation to a determination under subsection (2) or (4) above.
The Secretary of State may, by order, substitute for the period for the time being specified in subsection (3) above such other period as he considers appropriate.
Information is, for the purposes of any determination under this section, commercially confidential, in relation to any individual or person, if its being contained in the register would prejudice to an unreasonable degree the commercial interests of that individual or person.
It is an offence for a person—
to contravene section 6(1) above;
to fail to give the notice required by section 9(2) above;
to fail to comply with or contravene any requirement or prohibition imposed by an enforcement notice or a prohibition notice;
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to fail, without reasonable excuse, to comply with any requirement imposed by a notice under section 19(2) above;
to make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made—
in purported compliance with a requirement to furnish any information imposed by or under any provision of this Part; or
for the purpose of obtaining the grant of an authorisation to himself or any other person or the variation of an authorisation;
intentionally to make a false entry in any record required to be kept under section 7 above;
with intent to deceive, to forge or use a document issued or authorised to be issued under section 7 above or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be likely to deceive;
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to fail to comply with an order made by a court under section 26 below.
A person guilty of an offence under paragraph (a), (c) or (l) of subsection (1) above shall be liable:
on summary conviction, to a fine or to imprisonment for a term not exceeding three months, or to both;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
A person guilty of an offence under paragraph (b), (g), (h), (i) or (j) of subsection (1) above shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
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If the enforcing authority is of the opinion that proceedings for an offence under section 23(1)(c) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of an enforcement notice or a prohibition notice, the authority may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction for the purpose of securing compliance with the notice.
It is an offence for a person—
to contravene section 6(1) above;
to fail to give the notice required by section 9(2) above;
to fail to comply with or contravene any requirement or prohibition imposed by an enforcement notice or a prohibition notice;
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to fail, without reasonable excuse, to comply with any requirement imposed by a notice under section 19(2) above;
to make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made—
in purported compliance with a requirement to furnish any information imposed by or under any provision of this Part; or
for the purpose of obtaining the grant of an authorisation to himself or any other person or the variation of an authorisation;
intentionally to make a false entry in any record required to be kept under section 7 above;
with intent to deceive, to forge or use a document issued or authorised to be issued under section 7 above or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be likely to deceive;
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to fail to comply with an order made by a court under section 26 below.
A person guilty of an offence under paragraph (a), (c) or (l) of subsection (1) above shall be liable:
on summary conviction, to a fine not exceeding £40,000or to imprisonment for a term not exceeding three months, or to both;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
A person guilty of an offence under paragraph (b), (g), (h), (i) or (j) of subsection (1) above shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
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In any proceedings for an offence under section 23(1)(a) above consisting in a failure to comply with the general condition implied in every authorisation by section 7(4) above, it shall be for the accused to prove that there was no better available technique not entailing excessive cost than was in fact used to satisfy the condition.
Where—
an entry is required under section 7 above to be made in any record as to the observance of any condition of an authorisation; and
the entry has not been made;
Where a person is convicted of an offence under section 23(1)(a) or (c) above in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying those matters.
The time fixed by an order under subsection (1) above may be extended or further extended by order of the court on an application made before the end of the time as originally fixed or as extended under this subsection, as the case may be.
Where a person is ordered under subsection (1) above to remedy any matters, that person shall not be liable under section 23 above in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under subsection (2) above.
Where the commission of an offence under section 23(1)(a) or (c) above causes any harm which it is possible to remedy, the appropriate Agency may, subject to subsection (2) below—
arrange for any reasonable steps to be taken towards remedying the harm; and
recover the cost of taking those steps from any person convicted of that offence.
The Environment Agency or SEPA, as the case may be, shall not exercise its powers under this section except with the approval in writing of the Secretary of State and, where any of the steps are to be taken on or will affect land in the occupation of any person other than the person on whose land the prescribed process is being carried on, with the permission of that person.
No condition shall at any time be attached to an authorisation so as to regulate the final disposal by deposit in or on land of controlled waste (within the meaning of Part II), nor shall any condition apply to such a disposal; . . .
Where any of the activities comprising a prescribed process are regulated both by an authorisation granted by the enforcing authority under this Part and by an environmental permit granted under the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) in relation to a radioactive substances activity within the meaning of those Regulations, then, if different obligations are imposed as respects the same matter by a condition attached to the authorisation under this Part and a condition attached to the environmental permit, the condition imposed by the authorisation under this Part shall be treated as not binding the person carrying on the process.
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the enforcing authority shall not grant an authorisation under this Part if the National Rivers Authority certifies to the enforcing authority its opinion that the release will result in or contribute to a failure to achieve any water quality objective in force under Part III of that Act; and
any authorisation that is granted shall, as respects such releases, include (with or without others appearing to the enforcing authority to be appropriate) such conditions as appear to the National Rivers Authority to be appropriate for the purposes of this Part as that Authority requires by notice in writing given to the enforcing authority;
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No condition shall at any time be attached to an authorisation so as to regulate the final disposal by deposit in or on land of controlled waste (within the meaning of Part II), nor shall any condition apply to such a disposal; . . .
Where any of the activities comprising a prescribed process are regulated both by an authorisation granted by the enforcing authority under this Part and by a registration or authorisation under the Radioactive Substances Act 1993, then, if different obligations are imposed as respects the same matter by a condition attached to the authorisation under this Part and a condition attached to the registration or authorisation under that Act, the condition imposed by the authorisation under this Part shall be treated as not binding the person carrying on the process.
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The following provisions have effect for the interpretation of this Part.
The “environment” consists of all, or any, of the following media, namely land, water and the air.
“Appropriate person” means—
in relation to England, the Secretary of State;
in relation to Wales, the National Assembly for Wales.
“Pollution of the environment” means pollution of the environment due to the release or escape (into any environmental medium) from— of substances or articles constituting or resulting from the waste and capable (by reason of the quantity or concentrations involved) of causing harm to man or any other living organisms supported by the environment.
the land on which controlled waste or extractive waste is treated,
the land on which controlled waste or extractive waste is kept,
the land in or on which controlled waste or extractive waste is deposited,
fixed plant by means of which controlled waste or extractive waste is treated, kept or disposed of,
Subsection (3) above applies in relation to mobile plant by means of which controlled waste or extractive waste is treated or disposed of as it applies to plant on land by means of which controlled waste or extractive waste is treated or disposed of.
For the purposes of subsections (3) and (4) above “harm” means harm to the health of living organisms or other interference with the ecological systems of which they form part and in the case of man includes offence to any of his senses or harm to his property; and “harmless” has a corresponding meaning.
The “disposal” of waste includes its disposal by way of deposit in or on land has the meaning given by regulation 2(1) of the Waste Management Licensing (Scotland) Regulations 2011 and, subject to subsection (7) below, waste is “treated” when it is subjected to any process, including making it re-usable or reclaiming substances from it and “recycle” (and cognate expressions) shall be construed accordingly.
Regulations made by the Secretary of State may prescribe activities as activities which constitute the treatment of waste for the purposes of this Part or any provision of this Part prescribed in the regulations.
In relation to controlled waste— and cognate expressions shall be construed accordingly.
a reference to the management of such waste is a reference to the collection, transport, recovery and disposal of such waste and includes—
the supervision of such operations;
the after-care of disposal sites; and
actions taken as a broker or dealer;
“collection” means the gathering of such waste, including the preliminary sorting and preliminary storage of such waste for the purposes of transport to a waste treatment facility; and
“separate collection” means that waste is presented for collection, and collected, in a manner that ensures that—
dry recyclable waste is kept separate from other waste;
waste from one dry waste stream is kept separate from waste in another such stream; and
food waste is kept separate from other waste;
“recovery” refers to any of the operations listed in Part III of Schedule 4 to the Waste Management Licensing (Scotland) Regulations 2011, and any other operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in a plant or in the wider economy,
“Land” includes land covered by waters where the land is above the low water mark of ordinary spring tides and references to land on which controlled waste or extractive waste is treated, kept or deposited are references to the surface of the land (including any structure set into the surface).
“Mobile plant” means, subject to subsection (10) below, plant which is designed to move or be moved whether on roads or other land.
Regulations made by the Secretary of State may prescribe descriptions of plant which are to be treated as being, or as not being, mobile plant for the purposes of this Part.
“Substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour.
“The Environmental Permitting Regulations” means the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154).
The following expressions have the same meaning as in the Environmental Permitting Regulations— “environmental permit”; “exempt waste operation”; “extractive waste”; “mining waste operation”; “the Mining Waste Directive”; “waste operation”.
Any reference in this Part to a waste regulation authority— and any reference in this Part to the area of a waste regulation authority shall accordingly be taken as a reference to the area over which the Environment Agency , the Natural Resources Body for Wales or the Scottish Environment Protection Agency, as the case may be, exercises its functions or, in the case of any particular function, the function in question.
in relation to England ..., is a reference to the Environment Agency; ...
in relation to Scotland, is a reference to the Scottish Environment Protection Agency;
in relation to Wales, is a reference to the Natural Resources Body for Wales; and
for the metropolitan county of Greater Manchester, the authority constituted as the Greater Manchester Waste Disposal Authority;
for the metropolitan county of Merseyside, the authority constituted as the Merseyside Waste Disposal Authority;
for any district in any other metropolitan county in England, the council of the district;
for any district in Wales, the council of the district;
in Scotland, an islands or district council;
For the purposes of this Part the following authorities are waste disposal authorities, namely—
for any non-metropolitan county in England, the county council;
in Greater London, the following—
for the area of a London waste disposal authority, the authority constituted as the waste disposal authority for that area;
for the City of London, the Common Council;
for any other London borough, the council of the borough;
in the metropolitan county of Greater Manchester, the following—
for the metropolitan district of Wigan, the district council;
for all other areas in the county, the authority constituted as the Greater Manchester Waste Disposal Authority;
for the metropolitan county of Merseyside, the authority constituted as the Merseyside Waste Disposal Authority;
for any district in any other metropolitan county in England, the council of the district;
for any county or county borough in Wales, the council of the county or county borough;
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
For the purposes of this Part the following authorities are waste collection authorities—
for any district in England . . . not within Greater London, the council of the district;
in Greater London, the following—
for any London borough, the council of the borough;
for the City of London, the Common Council;
for the Temples, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple respectively;
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
for any county or county borough in Wales, the council of the county or county borough;
In this section references to particular authorities having been constituted as waste disposal . . . are references to their having been so constituted by the Waste Regulation and Disposal (Authorities) Order 1985 made by the Secretary of State under section 10 of the Local Government Act 1985 and the reference to London waste disposal authorities is a reference to the authorities named in Parts I, II, III, IV and V of Schedule 1 to that Order and this section has effect subject to any order made under the said section 10 . . ..
In this Part “waste disposal contractor” means a person who in the course of a business collects, keeps, treats or disposes of waste, being either— and “company”means a company as defined in section 1(1) of the Companies Act 2006 and “formed”, in relation to a company formed by other persons, includes the alteration of the company's articles so as to add, remove or alter a statement of the company's objects.
a company formed for all or any of those purposes by a waste disposal authority whether in pursuance of section 32 below or otherwise; or
either a company formed for all or any of those purposes by other persons or a partnership or an individual;
In this Part—
the council of a London borough;
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to make administrative arrangements for keeping its functions as a waste regulation authority separate from its functions as a waste disposal authority; and
to submit details of the arrangements which it has made to the Secretary of State.
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If it appears to the Secretary of State in the case of any two or more of the authorities mentioned in section 30(1) above that those authorities (in this section referred to as “relevant authorities”) could with advantage make joint arrangements for the discharge of all or any of their functions as waste regulation authorities, he may by order establish a single authority (a “regional authority”) to discharge such of those functions as may be specified in the order for the area comprising the areas of those authorities.
A regional authority shall exercise the functions specified in the order establishing it on and after a day specified in the order and, so far as the exercise of those functions (if not withdrawn) and any subsequently-conferred functions is concerned, shall (in place of the relevant authorities) be the waste regulation authority for the purposes of this Part.
The members of a regional authority shall be appointed by the relevant authorities in accordance with the order establishing it and no person shall be such a member unless he is a member of one of the relevant authorities.
The Secretary of State may by order made with respect to any regional authority— and functions may be so conferred or imposed or withdrawn as respects the whole or any part of the authority’s area.
confer or impose on it further functions;
withdraw from it any functions previously conferred or imposed; or
dissolve it;
An order under this section may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provision for the transfer of property, staff, rights and liabilities.
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In this section “existing disposal authority” means any authority (including any joint authority) constituted as a waste disposal authority for any area before the day appointed for this section to come into force.
The Secretary of State shall, subject to subsection (3) below, give directions to existing disposal authorities or, in the case of joint authorities, to the constituent authorities requiring them, before specified dates, to— and a waste disposal authority shall accordingly have power to form, and hold securities in, any company so established.
form or participate in forming waste disposal companies; and
transfer to the companies so formed, by and in accordance with a scheme made in accordance with Schedule 2 to this Act, the relevant part of their undertakings;
Subject to subsection (4) below, the Secretary of State shall not give any direction under subsection (2) above to an existing disposal authority, or to the constituent authorities of an existing disposal authority, as respects which or each of which he is satisfied that the authority—
has formed or participated in forming a waste disposal company and transferred to it the relevant part of its undertaking;
has, in pursuance of arrangements made with other persons, ceased to carry on itself the relevant part of its undertaking;
has made arrangements with other persons to cease to carry on itself the relevant part of its undertaking; or
has, in pursuance of arrangements made with other persons, ceased to provide places at which and plant and equipment by means of which controlled waste can be disposed of or deposited for the purposes of disposal.
Subsection (3) above does not apply in a case falling within paragraph (a) unless it appears to the Secretary of State that— and “satisfactory” means satisfactory by reference to the corresponding arrangements to which he would give his approval for the purposes of a transfer scheme under Schedule 2 to this Act.
the form of the company and the undertaking transferred are satisfactory; and
the requirements of subsections (8) and (9) below are fulfilled;
Where the Secretary of State is precluded from giving a direction under subsection (2) above to any authority by reason of his being satisfied as to the arrangements mentioned in subsection (3)(c) above, then, if those arrangements are not implemented within what appears to him to be a reasonable time, he may exercise his power to give directions under subsection (2) above as respects that authority.
Part I of Schedule 2 to this Act has effect for the purposes of this section and Part II for regulating the functions of waste disposal authorities and the activities of waste disposal contractors.
Subject to subsection (8) below, the activities of a company which a waste disposal authority has formed or participated in forming (whether in pursuance of subsection (2)(a) above or otherwise) may include activities which are beyond the powers of the authority to carry on itself, but, in the case of a company formed otherwise than in pursuance of subsection (2)(a) above, only if the Secretary of State has determined under subsection (4)(a) above that the form of the company and the undertaking transferred to it are satisfactory.
A waste disposal authority shall, for so long as it controls a company which it has formed or participated in forming (whether in pursuance of subsection (2)(a) above or otherwise), so exercise its control as to secure that the company does not engage in activities other than the following activities or any activities incidental or conducive to, or calculated to facilitate, them, that is to say, the disposal, keeping or treatment of waste and the collection of waste.
Subject to subsection (10) below, a waste disposal authority shall, for so long as it controls a company which it has formed or participated in forming (whether in pursuance of subsection (2)(a) above or otherwise), so exercise its control as to secure that, for the purposes of Part V of the Local Government and Housing Act 1989, the company is an arm’s length company.
Subsection (9) above shall not apply in the case of a company which a waste disposal authority has formed or participated in forming in pursuance of subsection (2)(a) above until after the vesting date for that company.
In this section and Schedule 2 to this Act— and in this section “securities” and “vesting date” have the same meaning as in Schedule 2.
“specified area” means the area specified in a notice under subsection (3)(b); and
“related right”, in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation.
fails, without reasonable excuse, to comply with a requirement imposed under subsection (2) or (2A) above; . . .
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This section shall not apply to Scotland.
Subject to subsections (1A), (1B), (2) and (3) below and, in relation to Scotland, to section 54 below, a person shall not—
deposit controlled waste or extractive waste, or knowingly cause or knowingly permit controlled waste or extractive waste to be deposited in or on any land unless an environmental permit authorising the deposit is in force and the deposit is in accordance with the licence;
submit controlled waste, or knowingly cause or knowingly permit controlled waste to be submitted, to any listed operation (other than an operation within subsection (1)(a)) that—
is carried out in or on any land, or by means of any mobile plant, and
is not carried out under and in accordance with an environmental permit.
treat, keep or dispose of controlled waste or extractive waste in a manner likely to cause pollution of the environment or harm to human health.
Subject to subsection (2A) below, paragraphs (a) and (b) of subsection (1) above do not apply in relation to household waste from a domestic property which is treated, kept or disposed of within the curtilage of the property.
Paragraphs (a) and (b) of subsection (1) above do not apply in relation to a waste operation that is an exempt waste operation.
Subsection (1)(a), (b) or (c) above do not apply in cases prescribed in regulations made by the Secretary of State and the regulations may make different exceptions for different areas.
Subsection (1) does not apply in relation to any part of a waste operation that—
is the subject of a marine licence under the Marine and Coastal Access Act 2009; or
does not require such a licence by virtue of any provision made by or under section 74, 75 or 77 of that Act and does not involve the dismantling of a ship that is waste.
The Secretary of State, in exercising his power under subsection (3) above, shall have regard in particular to the expediency of excluding from the prohibitions in subsection (1)—
any deposits which are small enough or of such a temporary nature that they may be so excluded;
any means of treatment or disposal which are innocuous enough to be so excluded;
cases for which adequate controls are provided by another enactment than this section.
Where controlled waste is carried in and deposited from a motor vehicle, the person who controls or is in a position to control the use of the vehicle shall, for the purposes of subsection (1)(a) above, be treated as knowingly causing the waste to be deposited whether or not he gave any instructions for this to be done.
Subsection (2) above does not apply to the treatment, keeping or disposal of household waste by an establishment or undertaking.
A person who contravenes subsection (1) above . . . commits an offence.
It shall be a defence for a person charged with an offence under this section to prove—
that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; or
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that the acts alleged to constitute the contravention were done in an emergency in order to avoid danger to human health in a case where—
he took all such steps as were reasonably practicable in the circumstances for minimising pollution of the environment and harm to human health; and
particulars of the acts were furnished to the waste regulation authority as soon as reasonably practicable after they were done.
A person who commits an offence under this section is liable—
Subject to subsection (9) below, on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine or both;
on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.
A person (other than an establishment or undertaking) who commits a relevant offence shall be liable on summary conviction, or on conviction on indictment, to a fine.
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000 or both;
on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.
In this section, “relevant offence” means an offence under this section in respect of a contravention of subsection (1)(c) above consisting of the treatment, keeping or disposal within the curtillage of a domestic property of household waste from that property.
For the purposes of subsection (1)(a) above, the deposit of waste in or on land includes any listed operation involving such a deposit.
For the purposes of subsection (1)(c) above, treating, keeping or disposing of controlled waste includes submitting it to any listed operation.
For the purposes of this section, a “listed operation” is an operation listed in Annex I or II of the Waste Framework Directive.
Subject to subsection (2) , (2B) and (3) below ... a person shall not—
deposit controlled waste, or knowingly cause or knowingly permit controlled waste to be deposited in or on any land unless an authorisation under the Environmental Authorisations (Scotland) Regulations 2018 authorising the deposit is in force and the deposit is in accordance with the authorisation;
treat, keep or dispose of controlled waste, or knowingly cause or knowingly permit controlled waste to be treated, kept or disposed of— except under and in accordance with an authorisation under the Environmental Authorisations (Scotland) Regulations 2018 ;
in or on any land, or
by means of any mobile plant,
keep or manage controlled waste in a manner likely to cause pollution of the environment or harm to human health.
Subject to subsection (2A) below, paragraphs (a) and (b) of subsection (1) above do not apply in relation to household waste from a domestic property which is treated, kept or disposed of within the curtilage of the dwelling.
Subsection (2) above does not extend to the treatment, keeping or disposal of household waste by an establishment or undertaking.
Paragraphs (a) and (b) of subsection (1) above do not apply to the deposit or keeping of a waste portable battery or accumulator at a collection point set up to comply with Article 8(1)(a) of Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators as last amended by Directive (EU) 2018/849 of the European Parliament and of the Council (in this section, “the Batteries Directive”).
In subsection (2B) above, “portable battery or accumulator” has the meaning given by Article 3(3) of the Batteries Directive, but does not include any battery or accumulator excluded from the scope of that Directive by Article 2(2).
When interpreting the Batteries Directive for the purposes of this section, Article 2(2) is to be read as though for the words “Member States'” there were substituted “the United Kingdom's”.
Subsection (1)(a), (b) or (c) above do not apply in cases prescribed in regulations made by the Secretary of State and the regulations may make different exceptions for different areas.
The Secretary of State, in exercising his power under subsection (3) above, shall have regard in particular to the expediency of excluding from the controls imposed by authorisations under the Environmental Authorisations (Scotland) Regulations 2018—
any deposits which are small enough or of such a temporary nature that they may be so excluded;
any means of treatment or disposal which are innocuous enough to be so excluded;
cases for which adequate controls are provided by another enactment than this section.
Where controlled waste is carried in and deposited from a motor vehicle, the person who controls or is in a position to control the use of the vehicle shall, for the purposes of subsection (1)(a) above, be treated as knowingly causing the waste to be deposited whether or not he gave any instructions for this to be done.
A person who contravenes subsection (1) above or any condition of an authorisation under the Environmental Authorisations (Scotland) Regulations 2018 commits an offence.
It shall be a defence for a person charged with an offence under this section to prove—
that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; or
that he acted under instructions from his employer and neither knew nor had reason to suppose that the acts done by him constituted a contravention of subsection (1) above; or
that the acts alleged to constitute the contravention were done in an emergency in order to avoid danger to human health in a case where—
he took all such steps as were reasonably practicable in the circumstances for minimising pollution of the environment and harm to human health; and
particulars of the acts were furnished to the waste regulation authority as soon as reasonably practicable after they were done.
Except in a case falling within subsection (9) or (10) below, a person who commits an offence under this section shall be liable—
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £40,000 or both; and
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
A person who commits an offence under this section in relation to special waste (other than household waste of the description specified in subsection (10) below) shall be liable—
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £40,000 or both;
on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.
A person who commits an offence under subsection (1)(c) above in relation to household waste from a domestic property within the curtilage of the dwelling shall be liable–
on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
In subsection (4)(c) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
Where an authorised officer of an English waste collection authority has reason to believe that a person has committed a waste deposit offence in the area of the authority, the officer may give the person a notice under this section in respect of the offence.
In subsection (1), “waste deposit offence” means an offence under section 33 in respect of a contravention of subsection (1)(a) of that section.
A notice under this section is a notice offering the opportunity of discharging any liability to conviction for the offence to which it relates by payment of a fixed penalty.
Where a person is given a notice under this section in respect of an offence—
no proceedings may be instituted for the offence before the end of the period of 14 days following the date of the notice; and
the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.
A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence and must state—
the period during which, by virtue of subsection (4)(a), proceedings will not be taken for the offence;
the amount of the fixed penalty; and
the person to whom and the address at which the fixed penalty may be paid.
If an authorised officer proposes to give a person a notice under this section, the officer may require the person to give the person’s name and address.
It is an offence to—
fail to give a name or address when required to do so under subsection (6), or
give a false or inaccurate name or address in response to a requirement under that subsection.
A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The fixed penalty payable in pursuance of a notice under this section—
is an amount not less than £150 and not more than £1000, as specified by the English waste collection authority whose authorised officer gave the notice, or
if no amount is specified by that authority, is £200.
An English waste collection authority to whom a fixed penalty is payable pursuant to a notice under this section may make provision for treating the fixed penalty as having been paid if a lesser amount of not less than £120 is paid before the end of a period specified by the authority.
The Secretary of State may by regulations substitute different amounts for the amounts for the time being specified in subsections (9) and (10).
In any proceedings a certificate which— is evidence of the facts stated.
purports to be signed by or on behalf of the chief finance officer of an English waste collection authority to whom a fixed penalty is payable pursuant to a notice under this section, and
states that the payment of a fixed penalty was or was not received by a date specified in the certificate,
In this section—
“public place” means— as respects England and Wales, any highway and any other place to which the public are entitled or permitted to have access; as respects Scotland, any road (within the meaning of the Roads (Scotland) Act 1984) and any other place to which the public are entitled or permitted to have access; and, for the purposes of section 160 below in its application to this section, the proper address of the owner of a dog which wears a collar includes the address given on the collar.
Where an authorised officer of a Welsh waste collection authority has reason to believe that a person has committed a waste deposit offence in the area of the authority, the officer may give the person a notice under this section in respect of the offence.
In subsection (1), “waste deposit offence” means an offence under section 33 in respect of a contravention of subsection (1)(a) of that section.
A notice under this section is a notice offering the opportunity of discharging any liability to conviction for the offence to which it relates by payment of a fixed penalty.
Where a person is given a notice under this section in respect of an offence—
no proceedings may be instituted for the offence before the end of the period of 14 days following the date of the notice, and
the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.
A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence and must state—
the period during which, by virtue of subsection (4)(a), proceedings will not be taken for the offence,
the amount of the fixed penalty, and
the person to whom and the address at which the fixed penalty may be paid.
If an authorised officer proposes to give a person a notice under this section, the officer may require the person to give the person’s name and address.
It is an offence to—
fail to give a name or address when required to do so under subsection (6), or
give a false or inaccurate name or address in response to a requirement under that subsection.
A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The fixed penalty payable in pursuance of a notice under this section—
is an amount not less than £150 and not more than £400, as specified by the Welsh waste collection authority whose authorised officer gave the notice, or
if no amount is specified by that authority, is £200.
A Welsh waste collection authority to whom a fixed penalty is payable pursuant to a notice under this section may make provision for treating the fixed penalty as having been paid if a lesser amount of not less than £120 is paid before the end of the period of 10 days following the date of the notice.
In any proceedings, a certificate which— is evidence of the facts stated.
purports to be signed by or on behalf of the chief finance officer of a Welsh waste collection authority to whom a fixed penalty is payable pursuant to a notice under this section, and
states that the payment of a fixed penalty was or was not received by a date specified in the certificate,
In this section—
This section applies where a person is convicted of an offence—
under section 33 above, in respect of a contravention of subsection (1) of that section;
under regulation 38(1) of the Environmental Permitting Regulations, in respect of a waste operation or a mining waste operation.
The court by or before which the offender is convicted may make an order requiring him to pay to an enforcement authority a sum which appears to the court not to exceed the costs arising from—
investigations of the enforcement authority which resulted in the conviction; and
the seizure by the enforcement authority under section 34B below of a vehicle involved in the offence.
The costs arising from the seizure of a vehicle as specified in subsection (2)(b) above may include the cost of disposing of the contents of the vehicle.
The power of a court to make an order under this section is in addition to its power to make an order under section 18 of the Prosecution of Offences Act 1985 (award of costs against accused).
In this section “enforcement authority” means the Environment Agency , the Natural Resources Body for Wales or a waste collection authority.
Where— he may give that person a notice under this section in respect of the offence.
an authorised person or a constable has reason to believe that a person has committed a relevant offence ...
...
In subsection (1) above, “relevant offence” means an offence under section 33 above in respect of a contravention of subsection (1)(a) or (c) of that section.
A notice under this section is a notice offering the opportunity, by paying a fixed penalty, of discharging any liability to conviction for the offence to which it relates.
Where— gives a notice under this section to a person, he shall, no later than 24 hours after the giving of the notice, send a copy of it to the local authority in whose area the offence was committed.
a constable; ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a person is given a notice under this section in respect of an offence—
no proceedings shall be instituted for that offence before the expiration of fourteen days following the date of the notice; and
he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period.
A notice under this section shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence and shall state— and without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).
the period during which, by virtue of subsection (5)(a) above, proceedings will not be taken for the offence;
the amount of the fixed penalty; and
the person to whom and the address at which the fixed penalty may be paid;
Where a letter is sent in accordance with subsection (6) above payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
The form of notices under this section shall be such as the Scottish Ministers may by order prescribe.
If an authorised person proposes to give a person a notice under this section, the authorised person may require the person to give him his name and address.
A person commits an offence if he fails to give his name and address when required to do so under subsection (8A) above.
A person who commits an offence under subsection (8B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The fixed penalty payable in pursuance of a notice under this section shall, subject to subsection (10) below, be £500.
The Scottish Ministers may by order—
substitute a different amount (not exceeding level 3 on the standard scale) for the amount for the time being specified as the amount of the fixed penalty in subsection (9) above.
substitute different amounts (not exceeding level 3 on the standard scale) in relation to different cases or descriptions of case.
In any proceedings a certificate which— shall be evidence of the facts stated.
purports to be signed by or on behalf of a proper officer ; and
states that the payment of a fixed penalty was or was not received by a date specified in the certificate,
In subsection (11) above, “proper officer” means—
in a case where a notice under this section is given by an officer of a local authority authorised as mentioned in paragraph (a) of the definition of “authorised person” in subsection (13) below, the officer who has, as respects the authority, the responsibility mentioned in section 95 of the Local Government (Scotland) Act 1973 (financial administration);
in a case where a notice under this section is given by an officer of Loch Lomond and The Trossachs National Park Authority authorised as mentioned in paragraph (b) of that definition, the proper officer for that Authority appointed under paragraph 12(3) of schedule 2 to the National Parks (Scotland) Act 2000.
A fixed penalty payable in pursuance of a notice under this section shall be payable—
in a case such as is mentioned in paragraph (a) of subsection (11A) above, to the local authority in whose area the offence was committed; and as respects the sums received by a local authority, those sums shall accrue to that authority.
in a case such as is mentioned in paragraph (b) of that subsection, to Loch Lomond and The Trossachs National Park Authority; and as respects the sums received by that Authority, those sums shall accrue to that Authority.
In this section—
The Scottish Ministers may by order make such modifications of this section as they consider necessary or expedient in connection with the specification of a person by an order under paragraph (c) of the definition of “authorised person” in subsection (13) above.
An order under subsection (13A) above may include provision—
applying any provision of this section to such a person with such modifications as may be specified in the order;
for any such provision not to apply in relation to such a person.
This section applies where a person is convicted of an offence—
under section 33 above, in respect of a contravention of subsection (1) of that section consisting of the deposit or disposal of controlled waste or extractive waste;
under regulation 38(1) of the Environmental Permitting Regulations, in respect of a contravention of regulation 12 of those Regulations consisting of the disposal of waste.
The reference in section 133(a) of the Sentencing Code (compensation orders) to loss or damage resulting from the offence includes costs incurred or to be incurred by a relevant person in—
removing the waste deposited or disposed of in or on the land;
taking other steps to eliminate or reduce the consequences of the deposit or disposal; or
both.
In subsection (2) above “relevant person” means—
the Environment Agency;
the Natural Resources Body for Wales;
a waste collection authority;
the occupier of the land;
the owner of the land (within the meaning of section 78A(9) below).
The reference in subsection (2) above to costs incurred does not, in the case of the Environment Agency , the Natural Resources Body for Wales or a waste collection authority, include any costs which the Agency , Body or authority has already recovered under section 59(8) below.
Subject to subsection (6) below, in relation to the costs referred to in subsection (2) above, a reference in section 139(2) or (3) of the Sentencing Code (limit on amount payable) to £5000 is instead to be construed as a reference to the amount of those costs (or, if the costs have not yet been incurred, the likely amount).
Subsection (5) above does not apply where a person (other than an establishment or undertaking) is convicted of a relevant offence within the meaning of section 33 above.
This section applies where—
subject to subsection (1A) below, a person is convicted of an offence under section 33 above in respect of a contravention of subsection (1) of that section consisting of the deposit or disposal of controlled waste;
a person is convicted of an offence under regulation 38(1) of the Environmental Permitting Regulations in respect of a contravention of regulation 12 of those Regulations consisting of the disposal of waste.
This section does not apply where a person (other than an establishment or undertaking) is convicted of a relevant offence within the meaning of section 33 above.
The court by or before which the offender is convicted may make an order under this section if—
the court is satisfied that a vehicle was used in or for the purposes of the commission of the offence; and
at the time of his conviction the offender has rights in the vehicle.
An order under this section operates to deprive the offender of his rights in the vehicle (including its fuel) at the time of his conviction and to vest those rights in the relevant enforcement authority.
In a case where a vehicle has been seized under section 34B below and the offender retains rights in any of the vehicle's contents, an order under this section may, if and to the extent that it so specifies, deprive the offender of those rights and vest them in the relevant enforcement authority.
Where an order under this section is made, the relevant enforcement authority may take possession of the vehicle (if it has not already done so under section 34C below).
The court may make an order under this section whether or not it also deals with the offender in any other way in respect of the offence of which he is convicted.
In considering whether to make an order under this section a court must in particular have regard to—
the value of the vehicle;
the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making);
the offender's need to use the vehicle for lawful purposes;
whether, in a case where it appears to the court that the offender is engaged in a business which consists wholly or partly in activities which are unlawful by virtue of section 33 above, or regulation 38(1) or (2) of the Environmental Permitting Regulations, the making of the order is likely to inhibit the offender from engaging in further such activities.
Section 153 of the Sentencing Code (power to deprive offender of property) does not apply in any case where this section applies.
For the purposes of this section, where a vehicle or its contents have been seized under section 34B below in connection with the offence referred to in subsection (1) above, any transfer by the offender after the seizure and before his conviction of any of his rights in the vehicle or its contents is of no effect.
In this section—
Subject to subsection (2) below, it shall be the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste or, as a dealer or broker, has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances—
to prevent any contravention by any other person of section 33 above;
to prevent the escape of the waste from his control or that of any other person; and
to prevent any contravention by any other person of regulation 12 of the Environmental Permitting Regulations or of a condition of an environmental permit;
on the transfer of the waste, to secure—
that the transfer is only to an authorised person or to a person for authorised transport purposes; and
that there is transferred such a written description of the waste as will enable other persons to avoid a contravention of that section or regulation 12 of the Environmental Permitting Regulations, or a contravention of a condition of an environmental permit, and to comply with the duty under this subsection as respects the escape of waste.
The duty imposed by subsection (1) above does not apply to an occupier of domestic property as respects the household waste produced on the property.
It shall be the duty of any person who is responsible for the management of extractive waste to take all such measures applicable to him in that capacity as are reasonable in the circumstances —
to prevent any contravention by any other person of section 33 above;
to prevent any contravention by another person of regulation 12 of the Environmental Permitting Regulations or of a condition of an environmental permit; and
to prevent the escape of the waste from his control or that of any other person.
The following are authorised persons for the purposes of subsections (1)(c) and (2A) above—
any authority which is a waste collection authority for the purposes of this Part;
any person who is the holder of a waste management licence under section 35 below or of a disposal licence under section 5 of the Control of Pollution Act 1974;
any person to whom section 33(1) above does not apply by virtue of regulations under subsection (3) of that section or by virtue of regulations under section 2 of the Pollution Prevention and Control Act 1999;
any person registered as a carrier of controlled waste under section 2 of the Control of Pollution (Amendment) Act 1989;
any person who is not required to be so registered by virtue of regulations under section 1(3) of that Act; and
a waste disposal authority in Scotland.
The following are authorised transport purposes for the purposes of subsections (1)(c) and (2A) above— and “transport” has the same meaning in this subsection as in the Control of Pollution (Amendment) Act 1989.
the transport of controlled waste within the same premises between different places in those premises;
the transport to a place in Great Britain of controlled waste which has been brought from a country or territory outside Great Britain not having been landed in Great Britain until it arrives at that place; and
the transport by air or sea of controlled waste from a place in Great Britain to a place outside Great Britain;
It shall be the duty of the occupier of any domestic property in England or Wales to take all such measures available to him as are reasonable in the circumstances to secure that any transfer by him of household waste produced on the property is only to an authorised person or to a person for authorised transport purposes.
The Secretary of State may, by regulations, make provision imposing requirements on any person who is subject to the duty imposed by subsection (1) above as respects the making and retention of documents and the furnishing of documents or copies of documents.
Any person who fails to comply with the duty imposed by subsection (1) , (1A) or (2A) above or with any requirement imposed under subsection (5) above shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum; and
on conviction on indictment, to a fine.
The Secretary of State may by regulations amend subsection (3) above so as to add, whether generally or in such circumstances as may be prescribed in the regulations, any person specified in the regulations, or any description of person so specified, to the persons who are authorised persons for the purposes of subsections (1)(c) and (2A) above.
The Secretary of State shall, after consultation with such persons or bodies as appear to him representative of the interests concerned, prepare and issue a code of practice for the purpose of providing to persons practical guidance on how to discharge the duty imposed on them by subsection (1) above.
The Secretary of State may from time to time revise a code of practice issued under subsection (7) above by revoking, amending or adding to the provisions of the code.
For the purposes of subsection (1)(c)(ii) above—
a transfer of waste in stages shall be treated as taking place when the first stage of the transfer takes place, and
a series of transfers between the same parties of waste of the same description shall be treated as a single transfer taking place when the first of the transfers in the series takes place.
A code of practice prepared in pursuance of subsection (7) above shall be laid
before both Houses of Parliament ; or
if it relates only to Scotland before the Scottish Parliament.
A code of practice issued under subsection (7) above shall be admissible in evidence and if any provision of such a code appears to the court to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.
Different codes of practice may be prepared and issued under subsection (7) above for different areas.
Subject to subsections (1A) and (2) below, it shall be the duty of any person who imports, produces, keeps or manages controlled waste or, as a broker or dealer , has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances—
to prevent any contravention by any other person of section 33 above;
to prevent a contravention by any other person of regulation 7 of the Environmental Authorisations (Scotland) Regulations 2018, or of a condition of an authorisation granted under those Regulations;
to prevent any contravention by any other person of subsection (2A), (2E), (2F), (2I) or (2K);
on the transfer of any waste oil, to ensure that it is collected separately from other types of waste so as to facilitate a specific treatment, unless doing so is not technically feasible, taking into account good practices; and
on the transfer of the waste, to secure—
that the transfer is only to an authorised person or to a person for authorised transport purposes; and
that there is transferred such a written description of the waste as will enable other persons to avoid a contravention of that section or regulation 7 of the Environmental Authorisations (Scotland) Regulations 2018, or of a condition of an authorisation granted under those Regulations and to comply with the duty under this subsection as respects the escape of waste.
The duty imposed by subsection (1) does not apply to an occupier of domestic property as respects the household waste produced on the property.
An occupier of domestic property–
shall, as respects the household waste produced on the property, take reasonable steps to secure that any transfer of waste is only to an authorised person or to a person for authorised transport purposes; and
shall not otherwise be subject to the duty imposed by subsection (1) above.
An occupier of domestic property must, as respects the household waste produced on the property, take reasonable steps to secure that any transfer of waste is only to an authorised person or to a person for authorised transport purposes.
It shall be the duty of any person who produces, keeps or manages controlled waste, or as a broker or dealer has control of such waste, to take all such measures available to that person as are reasonable in the circumstances to apply the waste hierarchy set out in Article 4(1) of the Waste Framework Directive.
The duty in subsection (2A)—
may be departed from where this is justified having regard to the overall impacts of the generation and management of such waste; and
does not apply to an occupier of domestic property as respects the household waste produced on the property.
The Scottish Ministers may give guidance on the discharge of the duty in subsection (2A), including the circumstances in which that duty may be departed from under subsection (2B)(a).
A person seeking to discharge the duty in subsection (2A) must, in doing so, have regard to any guidance given under subsection (2C).
It shall, from 1st January 2014, be the duty of any person who produces controlled waste (other than an occupier of domestic property as respects household waste produced on the property) to take all reasonable steps to ensure the separate collection of dry recyclable waste.
It shall, from 1st January 2014, be the duty of any person who controls or manages a food business that produces controlled waste to take all reasonable steps to ensure the separate collection of food waste produced by the business.
The duty in subsection (2F) does not apply to food waste—
produced on premises in a rural area;
produced in the period beginning on 1st January 2014 and ending on 31st December 2015—
on premises in use as a hospital (as defined in section 108 of the National Health Service (Scotland) Act 1978); or
by a business that produces less than 50 kilograms of food waste a week;
produced, on or after 1st January 2016, by a business that produces less than 5 kilograms of food waste a week;
that includes catering waste that originates from means of transport operating internationally.
The duty in subsection (2F) may be departed from where food waste is mixed with other biodegradable waste to the extent that the mixed waste is presented for collection in a manner that ensures that the amount of food waste collected is not significantly less than would be the case were the wastes not mixed.
It shall be the duty of any person who transports controlled waste to collect and transport separately from other waste any waste presented—
for collection in accordance with subsection (2E) or (2F);
for collection in a receptacle provided under an arrangement made in accordance with section 45C(2) or (5).
The duties in subsection (2E) or (2I) may be departed from where dry recyclable waste is managed in such a manner as will ensure that—
the output is of comparable quantity and quality to that achieved through separate collection, and
the waste is not mixed with other waste that cannot be recycled.
It shall, from 1st January 2016, be the duty of any person who produces food waste (other than an occupier of domestic property as respects household waste, or an occupier of property in a rural area as respects food waste, produced on such properties) to ensure that food waste is not deposited in a public drain or sewer, or in a drain or sewer that connects to a public drain or sewer.
It shall be the duty of any person who produces or manages controlled waste, or who as a broker or dealer has control of such waste, to take all reasonable steps to—
ensure that the waste meets any quality standard for the management of material included in the waste;
ensure that the waste is managed in a manner that promotes high quality recycling; and
prevent any contravention by another person of this subsection.
The following are authorised persons for the purpose of subsection (1)(c) above—
any authority which is a waste collection authority for the purposes of this Part;
any authorised person in respect of an authorisation under the Environmental Authorisations (Scotland) Regulations 2018, authorising waste management activities (excluding the transport of waste),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any authorised person in respect of a permit or registration under the Environmental Authorisations (Scotland) Regulations 2018, authorising the transport of another person’s waste.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a waste disposal authority in Scotland.
The Secretary of State may by regulations amend subsection (3) above so as to add, whether generally or in such circumstances as may be prescribed in the regulations, any person specified in the regulations, or any description of person so specified, to the persons who are authorised persons for the purposes of subsection (1)(c) above.
The following are authorised transport purposes for the purposes of subsection (1)(c) above— and “transport” has the same meaning in this subsection as in the Control of Pollution (Amendment) Act 1989.
the transport of controlled waste within the same premises between different places in those premises;
the transport to a place in Great Britain of controlled waste which has been brought from a country or territory outside Great Britain not having been landed in Great Britain until it arrives at that place; and
the transport by air or sea of controlled waste from a place in Great Britain to a place outside Great Britain;
For the purposes of subsection (1)(c)(ii) above—
a transfer of waste in stages shall be treated as taking place when the first stage of the transfer takes place, and
a series of transfers between the same parties of waste of the same description shall be treated as a single transfer taking place when the first of the transfers in the series takes place.
In subsection (1)(c), a reference to a written description of the waste includes a description that is—
transmitted by electronic means;
received in legible form; and
capable of being used for subsequent reference.
In this section—
The Secretary of State may, by regulations, make provision imposing requirements on any person who is subject to a duty imposed by subsection (1), (2E), (2F), (2I), (2K) or (2L) above as respects the making and retention of documents and the furnishing of documents or copies of documents.
Any person who fails without reasonable excuse to comply with the duties imposed by subsections (1) , (2), (2A), (2E), (2F), (2I), (2K) or (2L) above or with any requirement imposed under subsection (5) above shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum; and
on conviction on indictment, to a fine.
The Secretary of State shall, after consultation with such persons or bodies as appear to him representative of the interests concerned, prepare and issue a code of practice for the purpose of providing to persons practical guidance on how to discharge the duty imposed on them by subsection (1), (2), (2E), (2F), (2I), (2K) or (2L).
The Secretary of State may from time to time revise a code of practice issued under subsection (7) above by revoking, amending or adding to the provisions of the code.
A code of practice prepared in pursuance of subsection (7) above shall be laid
before both Houses of Parliament ; or
if it relates only to Scotland before the Scottish Parliament.
A code of practice issued under subsection (7) above shall be admissible in evidence and if any provision of such a code appears to the court to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.
Different codes of practice may be prepared and issued under subsection (7) above for different areas.
This section applies where it appears to an enforcement authority in England that a person has failed to comply with the duty relating to the transfer of household waste in section 34(2A) in England.
The authority may give to that person a notice offering the opportunity of discharging any liability to conviction for an offence under section 34(6) by payment of a fixed penalty.
An authority may not give a person a notice under subsection (2) if such a notice has already been given to that person (whether by the same or another authority) in respect of the same offence.
Where a waste collection authority (A) gives a notice to a person under subsection (2), A must, at the time of giving the notice—
give the Environment Agency a copy of the notice; and
where it appears to A that the failure to comply with the duty in section 34(2A) took place in the area of another waste collection authority (B), give B a copy of the notice.
Where the Environment Agency gives a notice to a person under subsection (2), the Agency must, at the time of giving the notice, give a copy of the notice to the waste collection authority in whose area the failure to comply with the duty in section 34(2A) took place.
Where a person is given a notice under subsection (2) in respect of an offence—
no proceedings may be instituted for that offence before the end of the period of 14 days following the date of the notice; and
the person may not be convicted of the offence if the fixed penalty is paid before the end of that period.
The fixed penalty payable to an enforcement authority under this section is—
the amount specified by the authority in respect of the offence; or
if no amount is specified by the authority, £200.
The amount specified by an authority in respect of the offence under subsection (7)(a) must not be less than £150 or more than £600.
The enforcement authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount of not less than £120 is paid before the end of a period specified by the authority.
The Secretary of State may by regulations substitute different amounts for the amounts for the time being specified in subsections (7)(b), (8) and (9).
A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
A notice under this section must also—
state the period during which, by virtue of subsection (6)(a), proceedings will not be instituted for the offence under section 34(6);
state the period during which, by virtue of subsection (6)(b), payment of the fixed penalty will discharge any liability to conviction for the offence;
state the amount of the fixed penalty;
state any lesser amount payment of which, by virtue of subsection (9), is treated as payment of the fixed penalty, and the period for payment of the lesser amount;
state the permissible methods of payment;
explain that—
the notice contains an offer to discharge liability to conviction for the offence by payment of a fixed penalty and that the person is not required to accept that offer; and
the person is entitled to make representations to the authority about the allegations contained in the notice;
state the address to which the person may send any representations;
explain that, by virtue of subsection (3), an authority may not give a person a notice under this section if such a notice has already been given to that person (whether by the same or another authority) in respect of the same offence;
state which other enforcement authorities the authority has sent a copy of the notice to in accordance with subsections (4) and (5).
An enforcement authority may authorise in writing a person (an “authorised officer”) to give a notice under this section on its behalf.
An authorised officer may require an occupier of domestic property to give the occupier’s name and address if the officer proposes to give the occupier a fixed penalty notice.
A person commits an offence if the person—
fails to give a name or address when required to do so under subsection (13), or
gives a false or inaccurate name or address in response to a requirement under that subsection.
A person guilty of an offence under subsection (14) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In any proceedings a certificate which— is evidence of the facts stated.
purports to be signed on behalf of the chief finance officer of the enforcement authority; and
states that payment of a fixed penalty was or was not received by a date specified in the certificate,
In this section—
This section applies where it appears to an enforcement authority in Wales that a person has failed to comply with the duty relating to the transfer of household waste in section 34(2A) in Wales.
The authority may give to that person a notice offering the opportunity of discharging any liability to conviction for an offence under section 34(6) by payment of a fixed penalty.
An authority may not give a person a notice under subsection (2) if such a notice has already been given to that person (whether by the same or another authority) in respect of the same offence.
Where a waste collection authority (A) gives a notice to a person under subsection (2) in relation to a failure to comply with the duty in section 34(2A) that took place in the area of another waste collection authority (B), A must, at the time of giving the notice, give a copy of the notice to B.
Where the Natural Resources Body for Wales gives a notice to a person under subsection (2), the Body must, at the time of giving the notice, give a copy of the notice to the waste collection authority in whose area the failure to comply with the duty in section 34(2A) took place.
Where a person is given a notice under subsection (2) in respect of an offence—
no proceedings may be instituted for that offence before the end of the period of 14 days following the date of the notice; and
the person may not be convicted of the offence if the fixed penalty is paid before the end of that period.
The fixed penalty payable to an enforcement authority under this section is £300.
An enforcement authority may make provision in a notice given under subsection (2) for treating the fixed penalty as having been paid if a lesser amount of £150 is paid before the end of the period of 10 days following the date of the notice.
A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
A notice under this section must also—
state the period during which, by virtue of subsection (6)(a), proceedings will not be instituted for the offence under section 34(6);
state the date on or before which, by virtue of subsection (6)(b), payment of the fixed penalty must be made in order to discharge any liability to conviction for the offence;
state the amount of the fixed penalty;
if the enforcement authority makes provision under subsection (8)—
state the lesser amount, the payment of which is treated, by virtue of that subsection, as payment of the fixed penalty, and
state the date on or before which payment of the lesser amount must be made for it to be so treated;
state the permissible methods of payment;
state the person to whom, and the address at which, payment may be made;
explain that—
the notice contains an offer to discharge liability to conviction for the offence by payment of a fixed penalty and that the person is not required to accept that offer, and
the person is entitled to make representations to the authority about the allegations contained in the notice;
state the address to which the person may send any representations;
explain that, by virtue of subsection (3), an authority may not give a person a notice under this section if such a notice has already been given to that person (whether by the same or another authority) in respect of the same offence;
state the other enforcement authorities to which the authority has sent a copy of the notice in accordance with subsections (4) and (5).
An enforcement authority may authorise in writing a person (an “authorised officer”) to give a notice under this section on its behalf.
Where an authorised officer proposes to give a person a notice under subsection (2), the officer may require that person to give their name and address.
A person commits an offence if the person—
fails to give a name or address when required to do so under subsection (12), or
gives a false or inaccurate name or address in response to a requirement under that subsection.
A person guilty of an offence under subsection (13) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In any proceedings a certificate which— is evidence of the facts stated.
purports to be signed by or on behalf of the chief finance officer of an enforcement authority to whom a fixed penalty is payable pursuant to a notice under this section; and
states that payment of a fixed penalty was or was not received by a date specified in the certificate,
In this section—
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).
The constable or authorised officer (as the case may be) may give to the person a notice offering the opportunity of discharging any liability to conviction for an offence under section 34(6) by payment of a fixed penalty.
A notice under subsection (2) may not be given if, in relation to the same circumstances—
such a notice has already been given to the person (including by the same or by another local authority), or
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.
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.
Where— the officer must at the same time give the other local authority a copy of the notice.
an authorised officer gives a notice to a person under subsection (2), and
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,
Where a person is given a notice under subsection (2) in respect of an offence—
no proceedings may be instituted for that offence before the end of the period of 14 days beginning with the date of the notice, and
the person may not be convicted of the offence if the fixed penalty is paid before the end of that period.
A notice under this section must—
state the particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence,
state the period during which, by virtue of subsection (6)(a), proceedings will not be instituted for the offence under section 34(6),
state the amount of the fixed penalty,
explain that the notice contains an offer to discharge liability to conviction for the offence by payment of a fixed penalty and that the person is not required to accept that offer,
state the person to whom the fixed penalty may be paid, and the address and website for doing so,
explain that, by virtue of subsection (3), an authorised officer may not give a person a notice under this section if such a notice has already been given to the person in respect of the same offence, and
state which other authorities have been sent a copy of the notice in accordance with subsections (4) and (5).
The fixed penalty payable under this section is £200.
The Scottish Ministers may by regulations substitute a different amount (not exceeding level 2 on the standard scale) for the amount for the time being specified as the amount of the fixed penalty in subsection (8).
A constable or an authorised officer may require an occupier of domestic property to give the occupier’s name, address and date of birth, if the constable or officer proposes to give the occupier a fixed penalty notice under this section.
A person commits an offence if the person—
fails to give a name, address or date of birth when required to do so under subsection (10), or
gives a false or inaccurate name, address or date of birth in response to a requirement under that subsection.
A person who commits an offence under subsection (11) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In any proceedings a certificate which— is evidence of the facts stated.
purports to be signed on the person having responsibility for the financial affairs of the authority to which the fixed penalty is to be paid, and
states that payment of a fixed penalty was or was not received by a date specified in the certificate,
A fixed penalty payable in pursuance of a notice under this section is to be paid—
in a case where the notice is given by a constable or by an authorised officer of a local authority, to the local authority in whose area the offence was committed,
in a case where the notice is given by an officer of Loch Lomond and The Trossachs National Park Authority, to that Authority.
In this section—
The Scottish Ministers may by regulations—
add another category of persons to the definition of “authorised officer” in subsection (15), and
modify this section as they consider appropriate in connection with making provision under paragraph (a).
This section applies where it appears to an enforcement authority that a person has failed to comply with a duty to furnish documents to that authority imposed under regulations made at any time under section 34(5) above.
The authority may serve on that person a notice offering him the opportunity of discharging any liability to conviction for an offence under section 34(6) above by payment of a fixed penalty.
Where a person is given a notice under this section in respect of an offence—
no proceedings may be instituted for that offence before expiration of the period of fourteen days following the date of the notice; and
he may not be convicted of that offence if he pays the fixed penalty before the expiration of the period.
A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
A notice under this section must also state—
the period during which, by virtue of subsection (3) above, proceedings will not be taken for the offence;
the amount of the fixed penalty; and
the person to whom and the address at which the fixed penalty may be paid.
Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (5)(c) above at the address so mentioned.
Where a letter is sent in accordance with subsection (6) above payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
The form of a notice under this section is to be such as the appropriate person may by order prescribe.
The fixed penalty payable to an enforcement authority under this section is, subject to subsection (10) below, £300.
The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (9) above.
The enforcement authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority.
The appropriate person may by regulations restrict the extent to which, and the circumstances in which, an enforcement authority may make provision under subsection (11) above.
In any proceedings a certificate which— is evidence of the facts stated.
purports to be signed on behalf of the chief finance officer of the enforcement authority, and
states that payment of a fixed penalty was or was not received by a date specified in the certificate,
In this section—
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A waste management licence is a licence granted by a waste regulation authority authorising the treatment, keeping or disposal of any specified description of controlled waste in or on specified land or the treatment or disposal of any specified description of controlled waste by means of specified mobile plant.
A licence shall be granted to the following person, that is to say—
in the case of a licence relating to the treatment, keeping or disposal of waste in or on land, to the person who is in occupation of the land; and
in the case of a licence relating to the treatment or disposal of waste by means of mobile plant, to the person who operates the plant.
A licence shall be granted on such terms and subject to such conditions as appear to the waste regulation authority to be appropriate and the conditions may relate— and accordingly requirements may be imposed in the licence which are to be complied with before the activities which the licence authorises have begun or after the activities which the licence authorises have ceased.
to the activities which the licence authorises, and
to the precautions to be taken and works to be carried out in connection with or in consequence of those activities;
Conditions may require the holder of a licence to carry out works or do other things notwithstanding that he is not entitled to carry out the works or do the thing and any person whose consent would be required shall grant, or join in granting, the holder of the licence such rights in relation to the land as will enable the holder of the licence to comply with any requirements imposed on him by the licence.
Conditions may relate, where waste other than controlled waste is to be treated, kept or disposed of, to the treatment, keeping or disposal of that other waste.
The Secretary of State may, by regulations, make provision as to the conditions which are, or are not, to be included in a licence; and regulations under this subsection may make different provision for different circumstances.
The Secretary of State may, as respects any licence for which an application is made to a waste regulation authority, give to the authority directions as to the terms and conditions which are, or are not, to be included in the licence; and it shall be the duty of the authority to give effect to the directions.
It shall be the duty of waste regulation authorities to have regard to any guidance issued to them by the Secretary of State with respect to the discharge of their functions in relation to licences.
A licence may not be surrendered by the holder except in accordance with section 39 below.
A licence is not transferable by the holder but the waste regulation authority may transfer it to another person under section 40 below.
A licence shall continue in force until it is revoked entirely by the waste regulation authority under section 38 below or it is surrendered or its surrender is accepted under section 39 below.
In this Part “licence” means a waste management licence and “site licence” and “mobile plant licence” mean, respectively, a licence authorising the treatment, keeping or disposal of waste in or on land and a licence authorising the treatment or disposal of waste by means of mobile plant.
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An application for a licence shall be made— and shall be made in the form prescribed by the Secretary of State in regulations and accompanied by the prescribed fee payable under section 41 below.
in the case of an application for a site licence, to the waste regulation authority in whose area the land is situated; and
in the case of an application for a mobile plant licence, to the waste regulation authority in whose area the operator of the plant has his principal place of business;
A licence shall not be issued for a use of land for which planning permission is required in pursuance of the Town and Country Planning Act 1990 or the Town and Country Planning (Scotland) Act 1972 unless—
such planning permission is in force in relation to that use of the land, or
an established use certificate is in force under section 192 of the said Act of 1990 or section 90 of the said Act of 1972 in relation to that use of the land.
Subject to subsection (2) above and subsection (4) below, a waste regulation authority to which an application for a licence has been duly made shall not reject the application if it is satisfied that the applicant is a fit and proper person unless it is satisfied that its rejection is necessary for the purpose of preventing— but paragraph (c) above is inapplicable where planning permission is in force in relation to the use to which the land will be put under the licence.
pollution of the environment;
harm to human health; or
serious detriment to the amenities of the locality;
Where the waste regulation authority proposes to issue a licence, the authority must, before it does so,—
refer the proposal to the National Rivers Authority and the Health and Safety Executive; and
consider any representations about the proposal which the Authority or the Executive makes to it during the allowed period.
If, following the referral of a proposal to the National Rivers Authority under subsection (4)(a) above, the Authority requests that the licence be not issued or disagrees about the conditions of the proposed licence either of them may refer the matter to the Secretary of State and the licence shall not be issued except in accordance with his decision.
Subsection (4) above shall not apply to Scotland, but in Scotland where a waste regulation authority (other than an islands council) proposes to issue a licence, the authority must, before it does so,— and if the river purification authority requests that the licence be not issued or disagrees with the waste regulation authority about the conditions of the proposed licence either of them may refer the matter to the Secretary of State and the licence shall not be issued except in accordance with his decision.
refer the proposal to—
the river purification authority whose area includes any of the relevant land;
the Health and Safety Executive;
where the waste regulation authority is not also a district planning authority within the meaning of section 172 of the Local Government (Scotland) Act 1973, the general planning authority within the meaning of that section whose area includes any of the relevant land; and
consider any representations about the proposal which the river purification authority, the Executive or the general planning authority makes to it during the allowed period,
Where any part of the land to be used is land which has been notified under section 28(1) of the Wildlife and Countryside Act 1981 (protection for certain areas) and the waste regulation authority proposes to issue a licence, the authority must, before it does so— and in this section any reference to the appropriate nature conservation body is a reference to the Nature Conservancy Council for England, the Nature Conservancy Council for Scotland or the Countryside Council for Wales, according as the land is situated in England, Scotland or Wales.
refer the proposal to the appropriate nature conservation body; and
consider any representations about the proposal which the body makes to it during the allowed period;
Until the date appointed under section 131(3) below any reference in subsection (7) above to the appropriate nature conservation body is a reference to the Nature Conservancy Council.
If within the period of four months beginning with the date on which a waste regulation authority received an application for the grant of a licence, or within such longer period as the authority and the applicant may at any time agree in writing, the authority has neither granted the licence in consequence of the application nor given notice to the applicant that the authority has rejected the application, the authority shall be deemed to have rejected the application.
The period allowed to the National Rivers Authority, the Health and Safety Executive, the appropriate nature conservancy body, a river purification authority or general planning authority for the making of representations under subsection (4), (6) or (7) above about a proposal is the period of twenty-one days beginning with that on which the proposal is received by the authority or such longer period as the waste regulation authority and the Authority, the Executive, the body, the river purification authority or the general planning authority, as the case may be, agree in writing.
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While a licence issued by a waste regulation authority is in force, the authority may, subject to regulations under section 35(6) above and to subsection (3) below,—
on its own initiative, modify the conditions of the licence to any extent which, in the opinion of the authority, is desirable and is unlikely to require unreasonable expense on the part of the holder; and
on the application of the licence holder accompanied by the prescribed fee payable under section 41 below, modify the conditions of his licence to the extent requested in the application.
While a licence issued by a waste regulation authority is in force, the authority shall, except where it revokes the licence entirely under section 38 below, modify the conditions of the licence—
to the extent which in the opinion of the authority is required for the purpose of ensuring that the activities authorised by the licence do not cause pollution of the environment or harm to human health or become seriously detrimental to the amenities of the locality affected by the activities; and
to the extent required by any regulations in force under section 35(6) above.
The Secretary of State may, as respects any licence issued by a waste regulation authority, give to the authority directions as to the modifications which are to be made in the conditions of the licence under subsection (1)(a) or (2)(a) above; and it shall be the duty of the authority to give effect to the directions.
Any modification of a licence under this section shall be effected by notice served on the holder of the licence and the notice shall state the time at which the modification is to take effect.
Section 36(4), (5), (6), (7), (8) and (10) above shall with the necessary modifications apply to a proposal by a waste regulation authority to modify a licence under subsection (1) or (2)(a) above as they apply to a proposal to issue a licence, except that—
the authority may postpone the reference so far as the authority considers that by reason of an emergency it is appropriate to do so; and
the authority need not consider any representations as respects a modification which, in the opinion of the waste regulation authority, will not affect any authority mentioned in the subsections so applied.
If within the period of two months beginning with the date on which a waste regulation authority received an application by the holder of a licence for a modification of it, or within such longer period as the authority and the applicant may at any time agree in writing, the authority has neither granted a modification of the licence in consequence of the application nor given notice to the applicant that the authority has rejected the application, the authority shall be deemed to have rejected the application.
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Where a licence granted by a waste regulation authority is in force and it appears to the authority— the authority may exercise, as it thinks fit, either of the powers conferred by subsections (3) and (4) below.
that the holder of the licence has ceased to be a fit and proper person by reason of his having been convicted of a relevant offence; or
that the continuation of the activities authorised by the licence would cause pollution of the environment or harm to human health or would be seriously detrimental to the amenities of the locality affected; and
that the pollution, harm or detriment cannot be avoided by modifying the conditions of the licence;
Where a licence granted by a waste regulation authority is in force and it appears to the authority that the holder of the licence has ceased to be a fit and proper person by reason of the management of the activities authorised by the licence having ceased to be in the hands of a technically competent person, the authority may exercise the power conferred by subsection (3) below.
The authority may, under this subsection, revoke the licence so far as it authorises the carrying on of the activities specified in the licence or such of them as the authority specifies in revoking the licence.
The authority may, under this subsection, revoke the licence entirely.
A licence revoked under subsection (3) above shall cease to have effect to authorise the carrying on of the activities specified in the licence or, as the case may be, the activities specified by the authority in revoking the licence but shall not affect the requirements imposed by the licence which the authority, in revoking the licence, specify as requirements which are to continue to bind the licence holder.
Where a licence granted by a waste regulation authority is in force and it appears to the authority— the authority may suspend the licence so far as it authorises the carrying on of the activities specified in the licence or such of them as the authority specifies in suspending the licence.
that the holder of the licence has ceased to be a fit and proper person by reason of the management of the activities authorised by the licence having ceased to be in the hands of a technically competent person; or
that serious pollution of the environment or serious harm to human health has resulted from, or is about to be caused by, the activities to which the licence relates or the happening or threatened happening of an event affecting those activities; and
that the continuing to carry on those activities, or any of those activities, in the circumstances will continue or, as the case may be, cause serious pollution of the environment or serious harm to human health;
The Secretary of State may, if he thinks fit in relation to a licence granted by a waste regulation authority, give to the authority directions as to whether and in what manner the authority should exercise its powers under this section; and it shall be the duty of the authority to give effect to the directions.
A licence suspended under subsection (6) above shall, while the suspension has effect, be of no effect to authorise the carrying on of the activities specified in the licence or, as the case may be, the activities specified by the authority in suspending the licence.
Where a licence is suspended under subsection (6) above, the authority, in suspending it or at any time while it is suspended, may require the holder of the licence to take such measures to deal with or avert the pollution or harm as the authority considers necessary.
A person who, without reasonable excuse, fails to comply with any requirement imposed under subsection (9) above otherwise than in relation to special waste shall be liable—
on summary conviction, to a fine of an amount not exceeding the statutory maximum; and
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
A person who, without reasonable excuse, fails to comply with any requirement imposed under subsection (9) above in relation to special waste shall be liable—
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both; and
on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.
Any revocation or suspension of a licence or requirement imposed during the suspension of a licence under this section shall be effected by notice served on the holder of the licence and the notice shall state the time at which the revocation or suspension or the requirement is to take effect and, in the case of suspension, the period at the end of which, or the event on the occurrence of which, the suspension is to cease.
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A licence may be surrendered by its holder to the authority which granted it but, in the case of a site licence, only if the authority accepts the surrender.
The following provisions apply to the surrender and acceptance of the surrender of a site licence.
The holder of a site licence who desires to surrender it shall make an application for that purpose to the authority in such form, giving such information and accompanied by such evidence as the Secretary of State prescribes by regulations and accompanied by the prescribed fee payable under section 41 below.
An authority which receives an application for the surrender of a site licence—
shall inspect the land to which the licence relates, and
may require the holder of the licence to furnish to it further information or further evidence.
The authority shall determine whether it is likely or unlikely that the condition of the land, so far as that condition is the result of the use of the land for the treatment, keeping or disposal of waste (whether or not in pursuance of the licence), will cause pollution of the environment or harm to human health.
If the authority is satisfied that the condition of the land is unlikely to cause the pollution or harm mentioned in subsection (5) above, the authority shall, subject to subsection (7) below, accept the surrender of the licence; but otherwise the authority shall refuse to accept it.
Where the authority proposes to accept the surrender of a site licence, the authority must, before it does so,— and if the Authority requests that the surrender of the licence be not accepted either of them may refer the matter to the Secretary of State and the surrender shall not be accepted except in accordance with his decision.
refer the proposal to the National Rivers Authority; and
consider any representations about the proposal which the Authority makes to it during the allowed period;
Subsection (7) above shall not apply to Scotland, but in Scotland where the authority (not being an islands council) proposes to accept the surrender of a licence, the authority must, before it does so,— and if the river purification authority requests that the surrender of the licence be not accepted by the waste regulation authority either of them may refer the matter to the Secretary of State and the surrender shall not be accepted except in accordance with his decision.
refer the proposal to—
the river purification authority whose area includes any of the relevant land;
where the waste regulation authority is not also a district planning authority within the meaning of section 172 of the Local Government (Scotland) Act 1973, the general planning authority within the meaning of that section whose area includes any of the relevant land; and
consider any representations about the proposal which the river purification authority or the general planning authority makes to it during the allowed period,
Where the surrender of a licence is accepted under this section the authority shall issue to the applicant, with the notice of its determination, a certificate (a “certificate of completion”) stating that it is satisfied as mentioned in subsection (6) above and, on the issue of that certificate, the licence shall cease to have effect.
If within the period of three months beginning with the date on which an authority receives an application to surrender a licence, or within such longer period as the authority and the applicant may at any time agree in writing, the authority has neither issued a certificate of completion nor given notice to the applicant that the authority has rejected the application, the authority shall be deemed to have rejected the application.
Section 36(10) above applies for the interpretation of the “allowed period” in subsections (7) and (8) above.
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A licence may be transferred to another person in accordance with subsections (2) to (6) below and may be so transferred whether or not the licence is partly revoked or suspended under any provision of this Part.
Where the holder of a licence desires that the licence be transferred to another person (“the proposed transferee”) the licence holder and the proposed transferee shall jointly make an application to the waste regulation authority which granted the licence for a transfer of it.
An application under subsection (2) above for the transfer of a licence shall be made in such form and shall include such information as the Secretary of State prescribes by regulations and shall be accompanied by the prescribed fee payable under section 41 below and the licence.
If, on such an application, the authority is satisfied that the proposed transferee is a fit and proper person the authority shall effect a transfer of the licence to the proposed transferee.
The authority shall effect a transfer of a licence under the foregoing provisions of this section by causing the licence to be endorsed with the name and other particulars of the proposed transferee as the holder of the licence from such date specified in the endorsement as may be agreed with the applicants.
If within the period of two months beginning with the date on which the authority receives an application for the transfer of a licence, or within such longer period as the authority and the applicants may at any time agree in writing, the authority has neither effected a transfer of the licence nor given notice to the applicants that the authority has rejected the application, the authority shall be deemed to have rejected the application.
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There shall be charged by and paid to waste regulation authorities, in respect of applications for licences or relevant applications in respect of licences, and in respect of the holding of licences, such fees and charges as may be provided for from time to time by a scheme under subsection (2) below.
The Secretary of State may, with the approval of the Treasury, make, and from time to time revise, a scheme prescribing— to waste regulation authorities by persons making applications for or in respect of licences, or holding licences, as the case may be.
fees payable in respect of applications for licences or relevant applications in respect of licences, and
charges payable in respect of the subsistence of licences,
The applications in respect of licences which are relevant for the purposes of this section are—
applications for a modification of the conditions of a licence;
applications to surrender a licence; and
applications for the transfer of a licence.
The Secretary of State shall, on making or revising a scheme under subsection (2) above, lay a copy of the scheme or of the modifications made in the scheme before each House of Parliament.
A waste regulation authority in England and Wales shall pay to the National Rivers Authority, and a waste regulation authority in Scotland shall pay to any river purification authority which it consults in relation to a licence, out of any fee or charge which— such amount as may be prescribed in the scheme in relation to fees or charges of that description.
is payable to the authority under a scheme under subsection (2) above; and
is of a description prescribed in such a scheme for the purposes of this subsection,
A scheme under subsection (2) above may in particular— and different schemes may be made and revised for different areas.
provide for different fees or charges to be payable according to the description of activities authorised by licences and the descriptions and amounts of controlled waste to which those activities relate;
provide for the times at which and manner in which payments of fees or charges are to be made; and
make such incidental, supplementary and transitional provision as appears to the Secretary of State to be appropriate;
If it appears to the waste regulation authority that the holder of a licence has failed to pay a charge due in consideration of the subsistence of the licence, the authority may, by notice in writing served on the holder, revoke the licence so far as it authorises the carrying on of the activities specified in the licence.
Section 38(5) above applies for the purposes of subsection (7) above as it applies for the purposes of subsection (3) of that section.
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While a licence is in force it shall be the duty of the waste regulation authority which granted the licence to take the steps needed—
for the purpose of ensuring that the activities authorised by the licence do not cause pollution of the environment or harm to human health or become seriously detrimental to the amenities of the locality affected by the activities; and
for the purpose of ensuring that the conditions of the licence are complied with.
Where, at any time during the subsistence of a licence, it appears to the waste regulation authority that pollution of water is likely to be caused by the activities to which the licence relates, it shall be the duty of the authority to consult the National Rivers Authority or, in Scotland, the river purification authority whose area includes any of the relevant land as to the discharge by the authority of the duty imposed on it by subsection (1) above.
For the purpose of performing the duty imposed on it by subsection (1) above, any officer of the authority authorised in writing for the purpose by the authority may, if it appears to him that by reason of an emergency it is necessary to do so, carry out work on the land or in relation to plant or equipment on the land to which the licence relates or, as the case may be, in relation to the mobile plant to which the licence relates.
Where a waste regulation authority incurs any expenditure by virtue of subsection (3) above, the authority may recover the amount of the expenditure from the holder of the licence or, if the licence has been surrendered, from the former holder of it, except where the holder or former holder of the licence shows that there was no emergency requiring any work or except such of the expenditure as he shows was unnecessary.
Where it appears to a waste regulation authority that a condition of a licence granted by it is not being complied with, then, without prejudice to any proceedings under section 33(6) above, the authority may—
require the licence holder to comply with the condition within a specified time; and
if in the opinion of the authority the licence holder has not complied with the condition within that time, exercise any of the powers specified in subsection (6) below.
The powers which become exercisable in the event mentioned in subsection (5)(b) above are the following—
to revoke the licence so far as it authorises the carrying on of the activities specified in the licence or such of them as the authority specifies in revoking the licence;
to revoke the licence entirely; and
to suspend the licence so far as it authorises the carrying on of the activities specified in the licence or, as the case may be, the activities specified by the authority in suspending the licence.
Where a licence is revoked or suspended under subsection (6) above, subsections (5) or (8) and (9), (10) and (12) of section 38 above shall apply with the necessary modifications as they respectively apply to revocations or suspensions of licences under that section; and the power to make a requirement under subsection (5)(a) above shall be exercisable by notice served on the holder of the licence (and “specified” shall be construed accordingly).
The Secretary of State may, if he thinks fit in relation to a licence granted by a waste regulation authority, give to the authority directions as to whether and in what manner the authority should exercise its powers under this section; and it shall be the duty of the authority to give effect to the directions.
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an application for a licence or a modification of the conditions of a licence is rejected;
a licence is granted subject to conditions;
the conditions of a licence are modified;
a licence is suspended;
a licence is revoked under section 38 or 42 above;
an application to surrender a licence is rejected; or
an application for the transfer of a licence is rejected;
Where an appeal is made to the Secretary of State—
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if a party to the appeal so requests, or the Secretary of State so decides, the appeal shall be or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held or held to any extent in private).
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if the appeal is still pending at the end of the day on which the determination is made, subsection (4) above shall apply to the decision from the end of that day; and
the holder or former holder of the licence shall be entitled to recover compensation from the authority in respect of any loss suffered by him in consequence of the exclusion of the application of that subsection or the suspension of the licence;
Provision may be made by the Secretary of State by regulations with respect to appeals under this section and in particular—
as to the period within which and the manner in which appeals are to be brought; and
as to the manner in which appeals are to be considered.
on summary conviction, to a fine not exceeding the statutory maximum; and
A person who— makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, commits an offence.
in purported compliance with a requirement to furnish any information imposed by or under any provision of this Part, or will need corrections
for the purpose of obtaining for himself or another any grant of a licence, any modification of the conditions of a licence, any acceptance of the surrender of a licence or any transfer of a licence,
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or both.
A person who intentionally makes a false entry in any record required to be kept by virtue of a licence commits an offence.
A person who commits an offence under this section shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
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This section applies where an authorised officer of an enforcement authority or a constable reasonably believes that the grounds in subsection (2) or (3) below exist.
The grounds in this subsection are that—
a relevant offence has been committed , or an offence under regulation 38(1) or (2) of the Environmental Permitting Regulations has been committed in relation to a waste operation
a vehicle was used in the commission of the offence, and
proceedings for the offence have not yet been brought against any person.
The grounds in this subsection are that—
a relevant offence is being or is about to be committed, or an offence under regulation 38(1) or (2) of the Environmental Permitting Regulations is being or is about to be committed in relation to a waste operation, and
a vehicle is being or is about to be used in the commission of the offence.
The authorised officer or constable may—
search the vehicle;
seize the vehicle and any of its contents.
In acting under subsection (4) above the authorised officer or constable may—
stop the vehicle (but only a constable in uniform may stop a vehicle on any road);
enter any premises for the purpose of searching or seizing the vehicle.
A vehicle or its contents seized under subsection (4) above—
by an authorised officer of an enforcement authority, are seized on behalf of that authority;
by a constable in the presence of or at the request of an authorised officer of an enforcement authority, are seized on behalf of that authority;
by a constable in any other case, are seized on behalf of the waste collection authority in whose area the seizure takes place.
A person commits an offence if—
he fails without reasonable excuse to give any assistance that an authorised officer or constable may reasonably request in the exercise of a power under subsection (4) or (5) above;
he otherwise intentionally obstructs an authorised officer or constable in exercising that power.
Where an authorised officer or constable has stopped a vehicle under subsection (5)(a) above, he may require any occupant of the vehicle to give him—
the occupant's name and address;
the name and address of the registered owner of the vehicle;
any other information he may reasonably request.
A person commits an offence if—
he fails without reasonable excuse to comply with a requirement under subsection (8) above;
he gives information required under that subsection that is—
to his knowledge false or misleading in a material way, or
given recklessly and is false or misleading in a material way.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In this section and section 34C below—
Where under section 34B above an authorised officer or constable seizes a vehicle or its contents (“seized property”) on behalf of an enforcement authority, the authority may remove the seized property to such a place as it considers appropriate.
An enforcement authority must deal with any seized property in accordance with regulations made by the appropriate person.
Regulations under subsection (2) above may in particular include provision as to—
the duties of enforcement authorities in relation to the safe custody of seized property;
the circumstances in which they must return any such property to a person claiming entitlement to it;
the manner in which such persons, and the seized property to which they are entitled, may be determined;
the circumstances in which an enforcement authority may sell, destroy or otherwise dispose of seized property;
the uses to which the proceeds of any such sale may be put.
Regulations making provision under subsection (3)(d) above—
must (subject to paragraph (c) below) require the enforcement authority to publish a notice in such form, and to take any other steps, as may be specified in the regulations for informing persons who may be entitled to the seized property that it has been seized and is available to be claimed;
must (subject to paragraph (c) below) prohibit the authority from selling, destroying or otherwise disposing of any seized property unless a period specified in the regulations has expired without any obligation arising under the regulations for the authority to return the property to any person;
may allow for the requirements in paragraphs (a) and (b) above to be dispensed with if the condition of the seized property requires its disposal without delay.
The appropriate person may issue guidance to enforcement authorities in relation to the performance of their functions under regulations under subsection (2) above.
It shall be the duty of each waste collection authority—
to arrange for the collection of household waste in its area except waste—
which is situated at a place which in the opinion of the authority is so isolated or inaccessible that the cost of collecting it would be unreasonably high, and
as to which the authority is satisfied that adequate arrangements for its disposal have been or can reasonably be expected to be made by a person who controls the waste; and
if requested by the occupier of premises in its area to collect any commercial waste from the premises, to arrange for the collection of the waste.; and
if requested by the occupier of premises in its area to collect from the premises dry recyclable waste or food waste presented for collection in accordance with section 34(2E) or (2F), to arrange for the collection of the waste.
Each waste collection authority may, if requested by the occupier of premises in its area to collect any industrial waste from the premises, arrange for the collection of the waste; but a collection authority in England and Wales shall not exercise the power except with the consent of the waste disposal authority whose area includes the area of the waste collection authority.
In subsection (1)(c), the reference to “dry recyclable waste or food waste” does not include—
household waste; and
food waste from premises in a rural area.
No charge shall be made for the collection of household waste except in cases prescribed in regulations made by the Secretary of State; and in any of those cases—
the duty to arrange for the collection of the waste shall not arise until a person who controls the waste requests the authority to collect it; and
the authority may recover a reasonable charge for the collection of the waste from the person who made the request.
A person at whose request waste other than household waste is collected under this section shall be liable to pay a reasonable charge for the collection and disposal of the waste to the authority which arranged for its collection; and it shall be the duty of that authority to recover the charge unless in the case of a charge in respect of commercial waste the authority considers it inappropriate to do so.
It shall be the duty of each waste collection authority—
to make such arrangements for the emptying, without charge, of privies serving one or more private dwellings in its area as the authority considers appropriate;
if requested by the person who controls a cesspool serving only one or more private dwellings in its area to empty the cesspool, to remove such of the contents of the cesspool as the authority considers appropriate on payment, if the authority so requires, of a reasonable charge.
A waste collection authority may, if requested by the person who controls any other privy or cesspool in its area to empty the privy or cesspool, empty the privy or, as the case may be, remove from the cesspool such of its contents as the authority consider appropriate on payment, if the authority so requires, of a reasonable charge.
A waste collection authority may—
construct, lay and maintain, within or outside its area, pipes and associated works for the purpose of collecting waste;
contribute towards the cost incurred by another person in providing or maintaining pipes or associated works connecting with pipes provided by the authority under paragraph (a) above.
A waste collection authority may contribute towards the cost incurred by another person in providing or maintaining plant or equipment intended to deal with commercial or industrial waste before it is collected under arrangements made by the authority under subsection (1)(b) or (2) above.
Subject to section 48(1) below, anything collected under arrangements made by a waste collection authority under this section shall belong to the authority and may be dealt with accordingly.
In relation to Scotland, sections 2, 3, 4 and 41 of the Sewerage (Scotland) Act 1968 (maintenance of public sewers etc.) shall apply in relation to pipes and associated works provided or to be provided under subsection (7)(a) above as those sections apply in relation to public sewers but as if— and the Pipe-lines Act 1962 shall not apply to pipes and associated works provided or to be provided under the said subsection (7)(a).
the said section 2 conferred a power on a waste collection authority rather than a duty on Scottish Water ;
in the said section 3—
references to Scottish Water were references to a waste collection authority; and
in references to public sewers and public sewage works the word “public” were omitted;
in the said section 4, the reference to Scottish Water were a reference to a waste collection authority and the words from “by virtue” to the end were omitted; and
in the said section 41, the reference to Scottish Water were a reference to a waste collection authority,
In the application of this section to Scotland, subsection (5)(b) and the references to a cesspool occurring in subsection (6) shall be omitted.
In this section “privy” means a latrine which has a moveable receptacle and “cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from buildings. In this section—
Where a waste collection authority, in the exercise of its powers under subsection (7)(a) above, proposes to execute works outside its area, it shall, in addition to any notice served under section 3(2) of the Sewerage (Scotland) Act 1968 as applied by virtue of subsection (10) above, serve notice of its intention on the waste collection authority within whose area it is proposed to execute the works together with a description of the proposed works and if, within two months after the service of the notice, the waste collection authority on whom it was served objects to the proposed works, and that objection is not withdrawn, the first-mentioned authority shall not proceed to execute the works without consent aftermentioned but may refer the matter for the determination of the Scottish Ministers who may grant consent to the proposed works either unconditionally or subject to such terms and conditions as they think just, or who may withhold their consent, and their decision on the matter shall be final.
The Secretary of State shall as soon as possible prepare a statement (“the strategy”) containing his policies in relation to the recovery and disposal of waste in England and Wales.
The strategy shall consist of or include—
a statement which relates to the whole of England and Wales; or
two or more statements which between them relate to the whole of England and Wales.
The Secretary of State may from time to time modify the strategy.
Without prejudice to the generality of what may be included in the strategy, the strategy must include—
a statement of the Secretary of State’s policies for attaining the objectives specified in Schedule 2A to this Act;
provisions relating to each of the following, that is to say—
the type, quantity and origin of waste to be recovered or disposed of;
general technical requirements; and
any special requirements for particular wastes.
In preparing the strategy or any modification of it, the Secretary of State—
shall consult the Environment Agency,
shall consult— as he may consider appropriate, and
such bodies or persons appearing to him to be representative of the interests of local government, and
such bodies or persons appearing to him to be representative of the interests of industry,
may consult such other bodies or persons as he considers appropriate.
Without prejudice to any power to give directions conferred by section 40 of the Environment Act 1995, the Secretary of State may give directions to the Environment Agency requiring it—
to advise him on the policies which are to be included in the strategy;
to carry out a survey of or investigation into— and to report its findings to him.
the kinds or quantities of waste which it appears to that Agency is likely to be situated in England and Wales,
the facilities which are or appear to that Agency likely to be available or needed in England and Wales for recovering or disposing of any such waste,
any other matter upon which the Secretary of State wishes to be informed in connection with his preparation of the strategy or any modification of it,
A direction under subsection (6)(b) above—
shall specify or describe the matters or the areas which are to be the subject of the survey or investigation; and
may make provision in relation to the manner in which—
the survey or investigation is to be carried out, or
the findings are to be reported or made available to other persons.
Where a direction is given under subsection (6)(b) above, the Environment Agency shall, in accordance with any requirement of the direction,—
before carrying out the survey or investigation, consult— as it may consider appropriate; and
such bodies or persons appearing to it to be representative of local planning authorities, and
such bodies or persons appearing to it to be representative of the interests of industry,
make its findings available to those authorities.
The Environment Agency shall publicise any direction given to it under subsection (6) above in such manner as it considers appropriate.
In this section—
This section makes provision for the purpose of implementing Article 7 of the directive of the Council of the European Union, dated 15th July 1975, on waste, as amended by—
the directive of that Council, dated 18th March 1991, amending directive 75/442/EEC on waste; and
the directive of that Council, dated 23rd December 1991, standardising and rationalising reports on the implementation of certain Directives relating to the environment.
Where a waste collection authority has a duty by virtue of section 45(1)(a) above to arrange for the collection of household waste from any premises, the authority may, by notice served on him, require the occupier to place the waste for collection in receptacles of a kind and number specified.
The kind and number of the receptacles required under subsection (1) above to be used shall be such only as are reasonable but —
subject to that, a waste collection authority whose area is in Wales may require separate receptacles or compartments of receptacles to be used for waste which is to be recycled and waste which is not;
an English waste collection authority may require separate receptacles or compartments of receptacles to be used for the purposes of complying with its duties under section 45A or 45AZA.
Where— the authority may require the occupier to place the waste for collection in receptacles identified by such means as may be specified.
subsection (1) applies to a waste collection authority, and
a waste reduction scheme under Schedule 2AA to this Act is in operation in the authority's area,
A requirement under subsection (1A)—
must be imposed by notice served on the occupier;
may be imposed instead of, or in addition to, any requirement imposed on the occupier under subsection (1).
In making requirements under subsection (1) above the authority may, as respects the provision of the receptacles—
determine that they be provided by the authority free of charge;
propose that they be provided, if the occupier agrees, by the authority on payment by him of such a single payment or such periodical payments as he agrees with the authority;
require the occupier to provide them if he does not enter into an agreement under paragraph (b) above within a specified period; or
require the occupier to provide them.
In making requirements as respects receptacles under subsection (1) above, the authority may, by the notice under that subsection, make provision with respect to—
the size, construction and maintenance of the receptacles;
the placing of the receptacles for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;
the placing of the receptacles for that purpose on highways or, in Scotland, roads;
the substances or articles which may or may not be put into the receptacles or compartments of receptacles of any description and the precautions to be taken where particular substances or articles are put into them; and
the steps to be taken by occupiers of premises to facilitate the collection of waste from the receptacles.
the removal of the receptacles placed for the purpose of facilitating the emptying of them; and
the time when the receptacles must be placed for that purpose and removed.
No requirement shall be made under subsection (1) above for receptacles to be placed on a highway or, as the case may be, road, unless—
the relevant highway authority or roads authority have given their consent to their being so placed; and
arrangements have been made as to the liability for any damage arising out of their being so placed.
A person who fails, without reasonable excuse, to comply with any requirements imposed by a waste collection authority in Scotland or Wales under subsection (1), (1A), (3)(c) or (d) or (4) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Where an occupier is required under subsection (1) above to provide any receptacles he may, within the period allowed by subsection (8) below, appeal to a magistrates’ court or, in Scotland, to the sheriff by way of summary application against any requirement imposed under subsection (1), subsection (3)(c) or (d) or (4) above on the ground that—
the requirement is unreasonable; or
the receptacles in which household waste is placed for collection from the premises are adequate.
The period allowed to the occupier of premises for appealing against such a requirement is the period of twenty-one days beginning—
in a case where a period was specified under subsection (3)(c) above, with the end of that period; and
where no period was specified, with the day on which the notice making the requirement was served on him.
A requirement imposed on an occupier by a waste collection authority in Wales by a notice under this section does not apply so far as the requirement duplicates or conflicts with a requirement imposed on the occupier under section 45AA(4).
Where an appeal against a requirement is brought under subsection (7) above—
the requirement shall be of no effect pending the determination of the appeal;
the court shall either quash or modify the requirement or dismiss the appeal; and
no question as to whether the requirement is, in any respect, unreasonable shall be entertained in any proceedings for an offence under subsection (6) above.
In this section—
acting as a broker of, or dealer in, hazardous waste;
A waste collection authority is not obliged to collect household waste that is placed for collection in contravention of a requirement under this section.
SEPA shall as soon as possible prepare a statement (“the strategy”) containing its policies in relation to the recovery and disposal of waste in Scotland.
SEPA may from time to time modify the strategy.
Without prejudice to the generality of what may be included in the strategy, the strategy must include—
a statement of SEPA’s policies for attaining the objectives specified in Schedule 2A to this Act;
provisions relating to each of the following, that is to say—
the type, quantity and origin of waste to be recovered or disposed of;
general technical requirements; and
any special requirements for particular wastes.
In preparing the strategy or any modification of it SEPA shall consult— and may consult such other bodies or persons as it considers appropriate.
such bodies or persons appearing to it to be representative of the interests of industry as it may consider appropriate;
such local authorities as appear to it to be likely to be affected by the strategy or modification,
Without prejudice to any power to give directions conferred by section 40 of the Environment Act 1995, the Secretary of State may give directions to SEPA—
as to the policies which are to be included in the strategy;
requiring it to carry out a survey or investigation into—
the kinds or quantities of waste which it appears to it is likely to be situated in Scotland,
the facilities which are or appear to it likely to be available or needed in Scotland for recovering or disposing of any such waste,
any other matter which the Secretary of State considers appropriate in connection with its preparation of the strategy or any modifications of it.
A direction under subsection (5)(b) above—
shall specify or describe the matters or the areas which are to be the subject of the survey or investigation; and
may make provision in relation to the manner in which—
the survey or investigation is to be carried out, or
the findings are to be reported or made available to other persons.
Where a direction is given under subsection (5)(b) above SEPA shall, in accordance with any requirement of the direction—
before carrying out the survey or investigation, consult— as it may consider appropriate; and
such bodies or persons appearing to it to be representative of planning authorities, and
such bodies or persons appearing to it to be representative of the interests of industry,
make its findings available to those authorities.
In this section—
This section makes provision for the purpose of implementing Article 7 of the directive of the Council of the European Union dated 15th July 1975 on waste, as amended by—
the directive of that Council dated 18th March 1991 amending directive 75/442/EEC on waste; and
the directive of that Council dated 23rd December 1991 standardising and rationalising reports on the implementation of certain Directives relating to the environment.
A waste collection authority may, at the request of any person, supply him with receptacles for commercial or industrial waste which he has requested the authority to arrange to collect and shall make a reasonable charge for any receptacle supplied unless in the case of a receptacle for commercial waste the authority considers it appropriate not to make a charge.
If it appears to a waste collection authority that there is likely to be situated, on any premises in its area, commercial waste or industrial waste of a kind which, if the waste is not stored in receptacles of a particular kind, is likely to cause a nuisance or to be detrimental to the amenities of the locality, the authority may, by notice served on him, require the occupier of the premises to provide at the premises receptacles for the storage of such waste of a kind and number specified.
The kind and number of the receptacles required under subsection (2) above to be used shall be such only as are reasonable , but an English waste collection authority may require separate receptacles or compartments of receptacles to be used for the purposes of complying with section 45AZB so far as it applies to waste of the kind in question.
In making requirements as respects receptacles under subsection (2) above, the authority may, by the notice under that subsection, make provision with respect to—
the size, construction and maintenance of the receptacles;
the placing of the receptacles for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;
the placing of the receptacles for that purpose on highways or, in Scotland, roads;
the substances or articles which may or may not be put into the receptacles and the precautions to be taken where particular substances or articles are put into them; and
the steps to be taken by occupiers of premises to facilitate the collection of waste from the receptacles.
the removal of the receptacles placed for the purpose of facilitating the emptying of them; and
the time when the receptacles must be placed for that purpose and removed.
No requirement shall be made under subsection (2) above for receptacles to be placed on a highway or, as the case may be, road unless—
the relevant highway authority or roads authority have given their consent to their being so placed; and
arrangements have been made as to the liability for any damage arising out of their being so placed.
A person who fails, without reasonable excuse, to comply with any requirements imposed under subsection (2) or (4) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A requirement imposed on an occupier by a waste collection authority in Wales by a notice under this section does not apply so far as the requirement duplicates or conflicts with a requirement imposed on the occupier under section 45AA(4).
Where an occupier is required under subsection (2) above to provide any receptacles he may, within the period allowed by subsection (8) below, appeal to a magistrates’ court or, in Scotland, to the sheriff by way of summary application against any requirement imposed under subsection (2) or (4) above on the ground that—
the requirement is unreasonable; or
the waste is not likely to cause a nuisance or be detrimental to the amenities of the locality.
The period allowed to the occupier of premises for appealing against such a requirement is the period of twenty-one days beginning with the day on which the notice making the requirement was served on him.
Where an appeal against a requirement is brought under subsection (7) above—
the requirement shall be of no effect pending the determination of the appeal;
the court shall either quash or modify the requirement or dismiss the appeal; and
no question as to whether the requirement is, in any respect, unreasonable shall be entertained in any proceedings for an offence under subsection (6) above.
In this section—
“descendant”, in relation to a genetically modified organism, means any other organism whose genes or other genetic material is derived, through any number of generations, from that organism by any process of reproduction;
“relevant”, in relation to anything done by or in relation to the Commission before the appointed day, means anything which, if it were to be done on or after the appointed day, would be done by or in relation to the Council or, as the case may be, by or in relation to both the Commission (so far as concerning England) and the Council (so far as concerning Wales).
Subject to subsections (2) and (6) below, it shall be the duty of each waste collection authority to deliver for disposal all waste which is collected by the authority under section 45 above to such places as the waste disposal authority for its area directs.
The duty imposed on a waste collection authority by subsection (1) above does not, except in cases falling within subsection (4) below, apply as respects household waste or commercial waste for which the authority decides to make arrangements for recycling the waste; and the authority shall have regard, in deciding what recycling arrangements to make, to its waste recycling plan under section 49 below.
A waste collection authority in England which is not also a waste disposal authority must discharge its duty under subsection (1) above in accordance with any directions about separation of waste given by the waste disposal authority for its area.
A waste collection authority which decides to make arrangements under subsection (2) above for recycling waste collected by it shall, as soon as reasonably practicable, by notice in writing, inform the waste disposal authority for the area which includes its area of the arrangements which it proposes to make.
Where a waste disposal authority has made . . . arrangements, as respects household waste or commercial waste in its area or any part of its area, . . . to recycle the waste, or any of it, the waste disposal authority may, by notice served on the waste collection authority, object to the waste collection authority having the waste recycled; and the objection may be made as respects all the waste, part only of the waste or specified descriptions of the waste.
Where an objection is made under subsection (4) above, subsection (2) above shall not be available to the waste collection authority to the extent objected to.
A waste collection authority may . . . provide plant and equipment for the sorting and baling of waste retained by the authority under subsection (2) above.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A waste collection authority may permit another person to use facilities provided by the authority under subsection (6) above and may provide for the use of another person any such facilities as the authority has power to provide under that subsection; and—
subject to paragraph (b) below, it shall be the duty of the authority to make a reasonable charge in respect of the use by another person of the facilities, unless the authority considers it appropriate not to make a charge;
no charge shall be made under this subsection in respect of household waste; and
anything delivered to the authority by another person in the course of using the facilities shall belong to the authority and may be dealt with accordingly.
This section shall not apply to Scotland.
This section applies in relation to arrangements made under section 45(1)(a) for an English waste collection authority to collect household waste, unless they are arrangements in relation to which section 45AZA applies.
The arrangements must meet the conditions in subsections (3) to (8) (subject to any provision in regulations under section 45AZC).
The first condition is that recyclable household waste must be collected separately from other household waste.
The second condition is that recyclable household waste must be collected for recycling or composting.
The third condition is that recyclable household waste in each recyclable waste stream must be collected separately, except so far as provided by subsection (6).
Recyclable household waste in two or more recyclable waste streams may be collected together where—
it is not technically or economically practicable to collect recyclable household waste in those recyclable waste streams separately, or
collecting recyclable household waste in those recyclable waste streams separately has no significant environmental benefit (having regard to the overall environmental impact of collecting it separately and of collecting it together).
But recyclable household waste within subsection (10)(a) to (d) may not be collected together with recyclable household waste within subsection (10)(e) or (f).
The fourth condition is that recyclable household waste which is food waste must be collected at least once a week.
Household waste is “recyclable household waste” if—
it is within any of the recyclable waste streams, and
it is of a description specified in regulations made by the Secretary of State.
For the purposes of this section the recyclable waste streams are—
glass;
metal;
plastic;
paper and card;
food waste;
garden waste.
This section applies in relation to arrangements for household waste to be collected from relevant non-domestic premises in England by a person who, in collecting the waste—
is acting in the course of a business (whether or not for profit), or
is exercising a public function (including a function under section 45(1)(a)).
The arrangements must meet the conditions in subsections (3) to (7) (subject to any provision in regulations under section 45AZC).
The first condition is that recyclable household waste must be collected separately from other household waste.
The second condition is that recyclable household waste must be collected for recycling or composting.
The third condition is that recyclable household waste in each recyclable waste stream must be collected separately, except so far as provided by subsection (6).
Recyclable household waste in two or more recyclable waste streams may be collected together where—
it is not technically or economically practicable to collect recyclable household waste in those recyclable waste streams separately, or
collecting recyclable household waste in those recyclable waste streams separately has no significant environmental benefit (having regard to the overall environmental impact of collecting it separately and of collecting it together).
But recyclable household waste within subsection (10)(a) to (d) may not be collected together with recyclable household waste within subsection (10)(e).
The person who presents household waste from the premises for collection under the arrangements must present it separated in accordance with the arrangements. This subsection does not apply so far as the person is subject to an equivalent duty by virtue of a notice under section 46.
Household waste is “recyclable household waste” if—
it is within any of the recyclable waste streams, and
it is of a description specified in regulations made by the Secretary of State.
For the purposes of this section the “recyclable waste streams” are—
glass;
metal;
plastic;
paper and card;
food waste.
For the purposes of this section “relevant non-domestic premises” means—
a residential home;
premises forming part of a university or school or other educational establishment;
premises forming part of a hospital or nursing home;
premises of a description specified in regulations made by the Secretary of State.
Regulations under subsection (11)(d) may not specify domestic properties (within the meaning of section 75(5)(a)).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
It shall be the duty of each waste collection authority, as respects household and commercial waste arising in its area—
to carry out an investigation with a view to deciding what arrangements are appropriate for dealing with the waste by separating, baling or otherwise packaging it for the purpose of recycling it;
to decide what arrangements are in the opinion of the authority needed for that purpose;
to prepare a statement (“the plan”) of the arrangements made and proposed to be made by the authority and other persons for dealing with waste in those ways;
to carry out from time to time further investigations with a view to deciding what changes in the plan are needed; and
to make any modification of the plan which the authority thinks appropriate in consequence of any such further investigation.
In considering any arrangements or modification for the purposes of subsection (1)(c) or (e) above it shall be the duty of the authority to have regard to the effect which the arrangements or modification would be likely to have on the amenities of any locality and the likely cost or saving to the authority attributable to the arrangements or modification.
It shall be the duty of a waste collection authority to include in the plan information as to—
the kinds and quantities of controlled waste which the authority expects to collect during the period specified in the plan;
the kinds and quantities of controlled waste which the authority expects to purchase during that period;
the kinds and quantities of controlled waste which the authority expects to deal with in the ways specified in subsection (1)(a) above during that period;
the arrangements which the authority expects to make during that period with waste disposal contractors or, in Scotland, waste disposal authorities and waste disposal contractors for them to deal with waste in those ways;
the plant and equipment which the authority expects to provide under section 48(6) above or 53 below; and
the estimated costs or savings attributable to the methods of dealing with the waste in the ways provided for in the plan.
It shall be the duty of a waste collection authority, before finally determining the content of the plan or a modification, to send a copy of it in draft to the Secretary of State for the purpose of enabling him to determine whether subsection (3) above has been complied with; and, if the Secretary of State gives any directions to the authority for securing compliance with that subsection, it shall be the duty of the authority to comply with the direction.
When a waste collection authority has determined the content of the plan or a modification it shall be the duty of the authority—
to take such steps as in the opinion of the authority will give adequate publicity in its area to the plan or modification; and
to send to the waste disposal authority and waste regulation authority for the area which includes its area a copy of the plan or, as the case may be, particulars of the modification.
It shall be the duty of each waste collection authority to keep a copy of the plan and particulars of any modifications to it available at all reasonable times at its principal offices for inspection by members of the public free of charge and to supply a copy of the plan and of the particulars of any modifications to it to any person who requests one, on payment by that person of such reasonable charge as the authority requires.
The Secretary of State may give to any waste collection authority directions as to the time by which the authority is to perform any duty imposed by this section specified in the direction; and it shall be the duty of the authority to comply with the direction.
It shall be the duty of each waste regulation authority—
to carry out an investigation with a view to deciding what arrangements are needed for the purpose of treating or disposing of controlled waste which is situated in its area and controlled waste which is likely to be so situated so as to prevent or minimise pollution of the environment or harm to human health;
to decide what arrangements are in the opinion of the authority needed for that purpose and how it should discharge its functions in relation to licences;
to prepare a statement (“the plan”) of the arrangements made and proposed to be made by waste disposal contractors, or, in Scotland, waste disposal authorities and waste disposal contractors, for the treatment or disposal of such waste;
to carry out from time to time further investigations with a view to deciding what changes in the plan are needed; and
to make any modification of the plan which the authority thinks appropriate in consequence of any such further investigation.
In considering any arrangements or modification for the purposes of subsection (1)(c) or (e) above it shall be the duty of the authority to have regard both to the likely cost of the arrangements or modification and to their likely beneficial effects on the environment.
It shall be the duty of the authority to include in the plan information as to— but provision may be made by the Secretary of State by regulations for modifying the foregoing paragraphs and for requiring waste regulation authorities to take into account in preparing plans and any modifications of plans under this section such factors as may be prescribed in the regulations.
the kinds and quantities of controlled waste which the authority expects to be situated in its area during the period specified in the plan;
the kinds and quantities of controlled waste which the authority expects to be brought into or taken for disposal out of its area during that period;
the kinds and quantities of controlled waste which the authority expects to be disposed of within its area during that period;
the methods and the respective priorities for the methods by which in the opinion of the authority controlled waste in its area should be disposed of or treated during that period;
the policy of the authority as respects the discharge of its functions in relation to licences and any relevant guidance issued by the Secretary of State;
the sites and equipment which persons are providing and which during that period are expected to provide for disposing of controlled waste; and
the estimated costs of the methods of disposal or treatment provided for in the plan;
In considering what information to include in the plan under subsection (3)(d) above, it shall be the duty of the authority to have regard to the desirability, where reasonably practicable, of giving priority to recycling waste.
It shall be the duty of the authority—
in preparing the plan and any modification of it, to consult—
the National Rivers Authority or, in Scotland, any river purification authority any part of whose area is included in the area of the waste regulation authority;
the waste collection authorities whose areas are included in the area of the authority;
in a case where the plan or modification is prepared by a waste regulation authority in Wales, the county council whose area includes that of the authority;
in a case where the plan or modification is prepared by a Scottish waste regulation authority other than an islands council, the council of the region in which the area of the authority is included;
in a case where provisions of the plan or modification relate to the taking of waste for disposal or treatment into the area of another waste regulation authority, that other authority; and
in any case, such persons as the authority considers it appropriate to consult from among persons who in the opinion of the authority are or are likely to be, or are representative of persons who are or are likely to be, engaged by way of trade or business in the disposal or treatment of controlled waste situated in the area of the authority; and
before finally determining the content of the plan or modification, to take, subject to subsection (6) below, such steps as in the opinion of the authority will— and to consider any representations made by the public and make any change in the plan or modification which the authority considers appropriate.
give adequate publicity in its area to the plan or modification; and
provide members of the public with opportunities of making representations to the authority about it;
No steps need be taken under subsection (5)(b) above in respect of a modification which in the opinion of the waste regulation authority is such that no person will be prejudiced if those steps are not taken.
Without prejudice to the duty of authorities under subsection (5) above, it shall be the duty of the authority, in preparing the plan and any modification of it, to consider, in consultation with the waste collection authorities in its area and any other persons,—
what arrangements can reasonably be expected to be made for recycling waste; and
what provisions should be included in the plan for that purpose.
An authority shall not finally determine the content of the plan or modification in a case falling within subsection (5)(a)(v) above except with the consent of the other waste regulation authority or, if the other authority withholds its consent, with the consent of the Secretary of State.
It shall be the duty of the authority, before finally determining the content of the plan or modification, to send a copy of it in draft to the Secretary of State for the purpose of enabling him to determine whether subsection (3) above has been complied with; and, if the Secretary of State gives any directions to the authority for securing compliance with that subsection, it shall be the duty of the authority to comply with the direction.
When an authority has finally determined the content of the plan or a modification it shall be the duty of the authority—
to take such steps as in the opinion of the authority will give adequate publicity in its area to the plan or modification; and
to send to the Secretary of State a copy of the plan or, as the case may be, particulars of the modification.
The Secretary of State may give to any waste regulation authority directions as to the time by which the authority is to perform any duty imposed by this section specified in the direction; and it shall be the duty of the authority to comply with the direction.
This section applies in relation to arrangements for industrial or commercial waste to be collected from premises in England by a person who, in collecting the waste—
is acting in the course of a business (whether or not for profit), or
is exercising a public function (including a function under section 45(1)(b) or (2)).
So far as they relate to waste which is similar in nature and composition to household waste (“relevant waste”) the arrangements must meet the conditions in subsections (3) to (7). This is subject to any provision in regulations under section 45AZC.
The first condition is that recyclable relevant waste must be collected separately from other relevant waste.
The second condition is that recyclable relevant waste must be collected for recycling or composting.
The third condition is that recyclable relevant waste in each recyclable waste stream must be collected separately, except so far as provided by subsection (6).
Recyclable relevant waste in two or more recyclable waste streams may be collected together where—
it is not technically or economically practicable to collect recyclable relevant waste in those recyclable waste streams separately, or
collecting recyclable relevant waste in those recyclable waste streams separately has no significant environmental benefit (having regard to the overall environmental impact of collecting it separately and of collecting it together).
But recyclable relevant waste within subsection (10)(a) to (d) may not be collected together with recyclable relevant waste within subsection (10)(e).
The person who presents relevant waste from the premises for collection under the arrangements must present it separated in accordance with the arrangements. This subsection does not apply so far as the person is subject to an equivalent duty by virtue of a notice under section 47.
Relevant waste is “recyclable relevant waste” if—
it is within any of the recyclable waste streams, and
it is of a description specified in regulations made by the Secretary of State.
For the purposes of this section the “recyclable waste streams” are—
glass;
metal;
plastic;
paper and card;
food waste.
The Secretary of State may by regulations provide—
for exemptions from the condition in section 45A(5), 45AZA(5) or 45AZB(5);
for exemptions from the application of section 45AZA or 45AZB;
for exemptions from the application of section 45AZA or 45AZB in relation to household waste or relevant waste in recyclable waste streams specified in the regulations.
The Secretary of State may exercise the power in subsection (1)(a) in relation to two or more recyclable waste streams only if satisfied that doing so will not significantly reduce the potential for recyclable household waste or recyclable relevant waste in those waste streams to be recycled or composted.
The Secretary of State may by regulations amend sections 45A to 45AZB so as to—
add further recyclable waste streams, and
make provision about the extent to which recyclable household waste or recyclable relevant waste in any of those waste streams may or may not be collected together with recyclable household waste or recyclable relevant waste in another recyclable waste stream.
The Secretary of State may exercise the power in subsection (3)(a) in relation to a waste stream only if satisfied that—
there is waste in that waste stream which is suitable for recycling or composting, and recycling or composting it will have an environmental benefit,
all English waste collection authorities can make arrangements for collecting waste in that waste stream which comply with the conditions in section 45A, 45AZA or 45AZB (as appropriate), taking account of any amendments to be made under subsection (3)(b), and
there is a market for it after its collection.
Before making regulations under this section the Secretary of State must consult—
the Environment Agency,
English waste collection authorities,
English waste disposal authorities, and
anyone else the Secretary of State considers appropriate.
The requirement in subsection (5) may be met by consultation carried out before this section comes into force.
It shall be the duty of each waste disposal authority to arrange— . . . .
for the disposal of the controlled waste collected in its area by the waste collection authorities; and
for places to be provided at which persons resident in its area may deposit their household waste and for the disposal of waste so deposited;
The arrangements made by a waste disposal authority under subsection (1)(b) above shall be such as to secure that— but the arrangements may restrict the availability of specified places to specified descriptions of waste.
each place is situated either within the area of the authority or so as to be reasonably accessible to persons resident in its area;
each place is available for the deposit of waste at all reasonable times (including at least one period on the Saturday or following day of each week except a week in which the Saturday is 25th December or 1st January);
each place is available for the deposit of waste free of charge by persons resident in the area;
A waste disposal authority may include in arrangements made under subsection (1)(b) above arrangements for the places provided for its area for the deposit of household waste free of charge by residents in its area to be available for the deposit of household or other controlled waste by other persons on such terms as to payment (if any) as the authority determines.
For the purpose of discharging its duty under subsection (1)(a) above as respects controlled waste collected as mentioned in that paragraph a waste disposal authority—
shall give directions to the waste collection authorities within its area as to the persons to whom and places at which such waste is to be delivered;
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may contribute towards the cost incurred by persons who produce commercial or industrial waste in providing and maintaining plant or equipment intended to deal with such waste before it is collected; and
may contribute towards the cost incurred by persons who produce commercial or industrial waste in providing or maintaining pipes or associated works connecting with pipes provided by a waste collection authority within the area of the waste disposal authority.
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may arrange for the provision, within or outside its area, by waste disposal contractors of places at which such waste may be treated or kept prior to its removal for treatment or disposal;
may make available to waste disposal contractors (and accordingly own) plant and equipment for the purpose of enabling them to keep such waste prior to its removal for disposal or to treat such waste in connection with so keeping it or for the purpose of facilitating its transportation; and
may make available to waste disposal contractors (and accordingly hold) land for the purpose of enabling them to treat, keep or dispose of such waste in or on the land.
A waste disposal authority in England which is not also a waste collection authority may in directions under subsection (4)(a) above include requirements about separation that relate to waste as delivered, but may do so only if it considers it necessary for assisting it to comply with any obligation imposed on it by or under any enactment.
Before exercising its power to include requirements about separation in directions under subsection (4)(a) above, a waste disposal authority shall consult the waste collection authorities within its area.
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Subsection (1) above is subject to section 77.
In exercising its power to include requirements about separation in directions under subsection (4)(a) above, a waste disposal authority shall have regard to any guidance given by the Secretary of State as to the exercise of that power.
A waste disposal authority which includes requirements about separation in directions given under subsection (4)(a) above shall notify the waste collection authorities to which the directions are given of its reasons for including the requirements.
This section shall not apply to Scotland.
Where, under section 48(2) above, a waste collection authority retains for recycling waste collected by it under section 45 above, the waste disposal authority for the area which includes the area of the waste collection authority shall make to that authority payments, in respect of the waste so retained of such amounts representing its net saving of expenditure on the disposal of the waste as the authority determines.
in the case of a waste disposal authority in England, of such amounts as may be determined in accordance with regulations made by the Secretary of State; and
in the case of a waste disposal authority in Wales,
Where, by reason of the discharge by a waste disposal authority of its functions, waste arising in its area does not fall to be collected by a waste collection authority under section 45 above, the waste collection authority shall make to the waste disposal authority payments, in respect of the waste not falling to be so collected, of such amounts representing its net saving of expenditure on the collection of the waste as the authority determines.
The Secretary of State may by order disapply subsection (1) above in relation to any waste disposal authority constituted under section 10 of the Local Government Act 1985 (joint arrangements for waste disposal in London and metropolitan counties) ....
A waste disposal authority is not required to make payments to a waste collection authority under subsection (1) above where, on the basis of arrangements involving the two authorities, the waste collection authority has agreed that such payments need not be made.
Where a person other than a waste collection authority, for the purpose of recycling it, collects waste arising in the area of a waste disposal authority which would fall to be collected under section 45 above, the waste disposal authority may make to that person payments, in respect of the waste so collected of such amounts representing its net saving of expenditure on the disposal of the waste as the authority determines.
in the case of a waste disposal authority in England, of such amounts as may be determined in accordance with regulations made by the Secretary of State; and
in the case of a waste disposal authority in Wales,
Where a person other than a waste collection authority, for the purpose of recycling it, collects waste which would fall to be collected under section 45 above, the waste collection authority may make to that person payments, in respect of the waste so collected, of such amounts representing its net saving of expenditure on the collection of the waste as the authority determines.
The Secretary of State may, by regulations, impose on waste disposal authorities in Wales a duty to make payments corresponding to the payments which are authorised by subsection (3)(b) above to such persons in such circumstances and in respect of such descriptions or quantities of waste as are specified in the regulations.
For the purposes of subsections (1)(b), (3)(b) and (5) above the net saving of expenditure of a waste disposal authority on the disposal of any waste retained or collected for recycling is the amount of the expenditure which the authority would, but for the retention or collection, have incurred in having it disposed of less any amount payable by the authority to any person in consequence of the retention or collection for recycling (instead of the disposal) of the waste.
For the purposes of subsections (2) and (4) above the net saving of expenditure of a waste collection authority on the collection of any waste not falling to be collected by it is the amount of the expenditure which the authority would, if it had had to collect the waste, have incurred in collecting it .
The Secretary of State may by regulations impose on waste disposal authorities in England a duty to make payments corresponding to the payments which are authorised by subsection (3)(a) above to such persons in such circumstances and in respect of such descriptions or quantities of waste as are specified in the regulations.
The Secretary of State shall, by regulations, make provision for the determination of the net saving of expenditure for the purposes of subsections (1)(b), (2)(b), (3)(b), (4)(b) and (5) above.
A waste disposal authority shall be entitled to receive from a waste collection authority such sums as are needed to reimburse the waste disposal authority the reasonable cost of making arrangements under section 51(1) above for the disposal of commercial and industrial waste collected in the area of the waste disposal authority.
A waste disposal authority shall pay to a waste collection authority a reasonable contribution towards expenditure reasonably incurred by the waste collection authority in delivering waste, in pursuance of a direction under section 51(4)(a) above, to a place which is unreasonably far from the waste collection authority’s area.
Any question arising under subsection (9) or (10) above shall, in default of agreement between the two authorities in question, be determined by arbitration.
The Secretary of State may give guidance—
to a waste disposal authority in England, for the purposes of determining whether to exercise the power in subsection (3) above;
to a waste collection authority in England, for the purposes of determining whether to exercise the power in subsection (4) above.
In this section, references to recycling waste include re-using it (whether or not the waste is subjected to any process).
Subsection (2) applies where—
a person collects or proposes to collect waste under arrangements to which section 45A, 45AZA or 45AZB applies, and
the arrangements include arrangements to collect recyclable household waste or recyclable relevant waste in two or more recyclable waste streams together in reliance on section 45A(6), 45AZA(6) or 45AZB(6).
The person must prepare a written assessment of why the person considers that the section relied on applies.
The Secretary of State may issue guidance about the duties imposed by sections 45 to 45AZD.
The guidance may in particular deal with—
the circumstances in which it may not be technically or economically practicable to collect recyclable household waste or recyclable relevant waste in recyclable waste streams separately, or in which separate collection may not have significant environmental benefit;
the frequency with which household waste other than recyclable household waste which is food waste should be collected;
the kinds of waste which are relevant waste for the purposes of section 45AZB;
assessments under section 45AZD.
The guidance may make different provision in relation to sections 45A, 45AZA and 45AZB.
Before issuing guidance under this section the Secretary of State must consult—
the Environment Agency,
English waste collection authorities,
English waste disposal authorities, and
anyone else the Secretary of State considers appropriate.
The requirement in subsection (4) may be met by consultation carried out before this section comes into force.
A waste collection authority, and any party to arrangements to which section 45AZA or 45AZB applies, must have regard to the guidance
The Secretary of State must lay before Parliament, and publish, the guidance.
It shall be the duty of each waste disposal authority to arrange for the disposal of any waste collected by it, in its capacity as a waste collection authority, under section 45 above; and without prejudice to the authority’s powers apart from the following provisions of this subsection, the powers exercisable by the authority for the purpose of performing that duty shall include power—
to provide, within or outside its area, places at which to deposit waste before the authority transfers it to a place or plant or equipment provided under the following paragraph; and
to provide, within or outside its area, places at which to dispose of or recycle the waste and plant or equipment for processing, recycling or otherwise disposing of it.
Subsections (7) , (10) and (10A) of section 45 above shall have effect in relation to a waste disposal authority as if the reference in paragraph (a) of the said subsection (7) to the collection of waste included the disposal of waste under this section and the disposal of anything produced from waste belonging to the authority.
A waste disposal authority may permit another person to use facilities provided by the authority under the preceding provisions of this section and may provide for the use of another person any such facilities as the authority has power to provide under those provisions, and—
subject to the following paragraph, it shall be the duty of the authority to make a reasonable charge in respect of the use by another person of the facilities unless the authority considers it appropriate not to make a charge;
no charge shall be made under this section in respect of household waste; and
anything delivered to the authority by another person in the course of using the facilities shall belong to the authority and may be dealt with accordingly.
References to waste in subsection (1) above do not include matter removed from privies under section 45(5)(a) or (6) above, and it shall be the duty of a waste collection authority . . . by which matter is so removed—
to deliver the matter, in accordance with any directions of Scottish Water, at a place specified in the directions (which must be in or within a reasonable distance from the waste collection authority’s area), to Scottish Water or another person so specified;
to give to Scottish Water from time to time a notice stating the quantity of the matter which the waste collection authority expects to deliver to or as directed by Scottish Water under the preceding paragraph during a period specified in the notice.
Any question arising under paragraph (a) of the preceding subsection as to whether a place is within a reasonable distance from a waste collection authority’s area shall, in default of agreement between the waste collection authority and Scottish Water in question, be determined by a single arbiter appointed, in default of agreement between the parties concerned, by the Secretary of State on the application of any of the parties; and anything delivered to Scottish Water under that subsection shall belong to Scottish Water and may be dealt with accordingly.
This section applies to Scotland only.
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Nothing in subsection (1)(a) and (b) of section 33 above shall apply to—
the deposit of controlled waste in or on land in the area of a waste disposal authority which is occupied by the authority; or
the treating, keeping or disposing of controlled waste— if the requirements of subsection (3) below are satisfied.
in or on land so occupied;
by means of any mobile plant operated by the waste disposal authority,
If any land occupied by a waste disposal authority is used by the authority as a site in or on which to deposit, treat, keep or dispose of or permit other persons to deposit, treat, keep or dispose of controlled waste or if the authority operates their mobile plant for the purpose aforesaid, it shall be the duty of the waste regulation authority to ensure that the land is used and the mobile plant operated in accordance with conditions which are—
calculated to prevent the use from causing pollution of the environment or harm to human health or serious detriment to the amenities of the locality in which the land is situated or the mobile plant may be operated; and
specified in a resolution passed by the waste regulation authority in accordance with the following provisions of this section.
The requirements mentioned in subsection (1) above are, where the deposit is made, or the treating, keeping or disposing is carried out—
by the waste disposal authority that, as respects the land or as the case may be the mobile plant, conditions have been specified by the waste regulation authority by virtue of subsection (2)(b) above and (in so far as current) are complied with;
by another person, that it is with the consent of the waste disposal authority and in accordance with any conditions to which the consent is subject.
Where a waste disposal authority proposes that any land which the waste disposal authority occupies or intends to occupy should be used by that authority or that any mobile plant should be operated by the authority as mentioned in the preceding subsection, it shall be the duty of the waste regulation authority before it gives effect to the proposal—
to prepare a statement of the conditions which the waste regulation authority intends to specify in a resolution to be passed by that authority under paragraph (d) below;
to refer the proposal and the statement—
to the river purification authority whose area includes any of the land in question;
to the Health and Safety Executive;
where the waste regulation authority is not also a district planning authority (within the meaning of section 172 of the Local Government (Scotland) Act 1973), to the general planning authority (within the meaning of that section) whose area includes any of the land; and
in the case of a proposal to operate mobile plant, to the river purification authority whose area includes the area of the waste disposal authority;
to consider any representations about the proposal and statement which the river purification authority, the Health and Safety Executive or the general planning authority makes to it during the allowed period;
subject to subsection (7) of this section, to pass a resolution—
authorising the deposit, keeping, treatment or disposal of any specified description of controlled waste in or on specified land occupied or to be occupied by the waste disposal authority or the treatment or disposal of any specified description of controlled waste by means of specified mobile plant;
specifying the conditions in accordance with which the land in question or the mobile plant is to be used by the waste disposal authority as mentioned in the preceding subsection;
where any part of the land to be used is land which has been notified under section 28(1) of the Wildlife and Countryside Act 1981, to— and in this subsection and subsection (13) of this section any reference to the appropriate nature conservation body is a reference, until the date appointed under section 131(3) below, to the Nature Conservancy Council or, after that date, to the Nature Conservancy Council for Scotland.
refer the proposal and the statement to the appropriate nature conservation body, and
consider any representations about the proposal and the statement which that body makes to it during the allowed period,
In subsection (4) above, paragraphs (a) to (c), and in paragraph (d) the words “subject to subsection (7) of this section”, shall have effect only in a case where the proposal is made by a waste disposal authority other than an islands council.
A separate resolution under subsection (4)(d) above shall be passed by the authority—
in respect of each item of mobile plant; and
in relation to each site.
If a river purification authority to which a proposal is referred by a waste regulation authority under paragraph (b) of subsection (4) of this section requests the authority not to proceed with the resolution or disagrees with the authority as to the conditions to be specified in the resolution under paragraph (d) of that subsection, either of them may refer the matter to the Secretary of State and it shall be the duty of the authority not to pass a resolution under that paragraph except in accordance with his decision.
A waste regulation authority by which a resolution has been passed under paragraph (d) of subsection (4) of this section or this subsection may vary or rescind the resolution by a subsequent resolution of the authority.
Paragraphs (a) to (c) of subsection (4) and subsection (7) of this section shall with the necessary modifications apply to a proposal to pass a resolution under subsection (8) above and to such a resolution as they apply to such a proposal as is mentioned in those provisions and to a resolution under the said paragraph (d), except that—
those provisions shall not apply to a resolution, or to a proposal to pass a resolution, which only rescinds a previous resolution; and
the waste regulation authority may postpone the reference under the said subsection (4) so far as the authority considers that by reason of an emergency it is appropriate to do so; and
the waste regulation authority may disregard any other authority or the Health and Safety Executive for the purposes of the preceding provisions of this subsection in relation to a resolution which, in the opinion of the waste regulation authority, will not affect the other authority.
If while a resolution is in force under the preceding provisions of this section it appears to the authority which passed the resolution— it shall be the duty of the waste disposal authority to discontinue the activities and of the waste regulation authority to rescind the resolution.
that the continuation of activities to which the resolution relates would cause pollution of the environment or harm to human health or would be seriously detrimental to the amenities of the locality affected; and
that the pollution, harm or detriment cannot be avoided by modifying the conditions relating to the carrying on of the activities,
If it appears to a river purification authority that activities to which a resolution under this section relates are causing or likely to cause pollution to controlled waters (within the meaning of Part II of the Control of Pollution Act 1974) in the area of the authority, the authority may, without prejudice to the provisions of the preceding subsection or the said Part II, request the Secretary of State to direct the waste regulation authority which passed the resolution to rescind it and the waste disposal authority to discontinue the activities; and it shall be the duty of a waste disposal authority and a waste regulation authority to comply with a direction given to it under this subsection.
It shall be the duty of waste regulation authorities to have regard to any guidance issued to them by the Secretary of State with regard to the discharge of their functions under this section.
The period allowed to the river purification authority, the Health and Safety Executive and the general planning authority for the making of representations under subsection (4)(c) above or to the appropriate nature conservation body for the making of representations under subsection (4)(e) above about a proposal is the period of twenty-one days beginning with that on which the proposal is received by that body or such longer period as the waste regulation authority and that body agree in writing.
The Secretary of State may, by regulations, make provision as to conditions which are, or are not, to be included in a resolution; and regulations under this subsection may make different provision for different circumstances.
The Secretary of State may as respects any resolution made or to be made by the authority give to the authority directions— and it shall be the duty of the authority to give effect to the directions.
as to the conditions which are or are not to be included in the resolution;
as to the modifications which it would be appropriate to make in the conditions included in a resolution by virtue of subsection (7) above;
as to the rescinding of the resolution;
Any resolution of a waste disposal authority under Part I of the Control of Pollution Act 1974 effective immediately before the commencement of this section shall have effect as if it were a resolution of a waste regulation authority under this section.
This section applies to Scotland only.
This section applies where the Environment Agency considers that a person other than an English waste collection authority—
is a party to arrangements for the collection of household waste which fail to comply with section 45AZA,
is a party to arrangements for the collection of relevant waste which fail to comply with section 45AZB, or
is failing to comply with section 45AZA(8) or 45AZB(8).
It may give that person a notice (a “compliance notice”) requiring them to take specified steps within a specified period to secure that the failure does not continue or recur.
A compliance notice must—
specify the failures to comply with section 45AZA or 45AZB,
specify the steps which must be taken for the purpose of preventing the failure continuing or recurring,
specify the period within which those steps must be taken, and
give information as to the rights of appeal (including the period within which an appeal must be brought).
A person who fails to comply with a compliance notice commits an offence.
A person who commits an offence under subsection (4) is liable on summary conviction or conviction on indictment to a fine.
A person who is given a compliance notice may appeal to the First-tier Tribunal against—
the notice, or
any requirement in the notice.
The notice or requirement has effect pending the determination of the appeal, unless the tribunal decides otherwise.
The tribunal may—
quash the notice or requirement,
confirm the notice or requirement,
vary the notice or requirement,
take any steps the Environment Agency could take in relation to the failure giving rise to the notice or requirement, or
remit any matter relating to the notice or requirement to the Environment Agency.
This section has effect for conferring on waste disposal authorities and waste collection authorities powers for the purposes of recycling waste.
A waste disposal authority may—
make arrangements . . . to recycle waste as respects which the authority has duties under section 51(1) above or agrees with another person for its disposal or treatment;
make arrangements . . . to use waste for the purpose of producing from it heat or electricity or both;
buy or otherwise acquire waste with a view to its being recycled;
use, sell or otherwise dispose of waste as respects which the authority has duties under section 51(1) above or anything produced from such waste.
A waste collection authority may—
buy or otherwise acquire waste with a view to recycling it;
use, or dispose of by way of sale or otherwise to another person, waste belonging to the authority or anything produced from such waste.
This section shall not apply to Scotland.
Without prejudice to the powers of waste disposal authorities apart from this section, a waste disposal authority may—
do such things as the authority considers appropriate for the purpose of—
enabling waste belonging to the authority, or belonging to another person who requests the authority to deal with it under this section, to be recycled; or
enabling waste to be used for the purpose of producing from it heat or electricity or both;
buy or otherwise acquire waste with a view to its being recycled;
use, sell or otherwise dispose of waste belonging to the authority or anything produced from such waste.
This section applies to Scotland only.
Where a waste collection authority in Wales arranges for the collection of controlled waste in its area under section 45, it must arrange for the waste to be collected in accordance with any applicable separation requirements.
A person acting in the course of a business who— must do so in accordance with any applicable separation requirements.
collects controlled waste from premises in Wales, or
receives, keeps, treats or transports controlled waste in Wales,
For the purposes of subsection (2), a person is acting in the course of a business if the person is—
carrying on any business or undertaking, whether for profit or not, or
exercising any functions of a public nature.
An occupier of premises in Wales who presents controlled waste for collection (whether by a waste collection authority or by any other person) must do so in accordance with any applicable separation requirements.
Subsection (4) does not apply to an occupier of premises within paragraph (a) or (b) of section 75(5) (domestic property and caravans).
A separation requirement is a requirement to take steps specified in regulations made by the Welsh Ministers for the purpose of ensuring or maintaining the separation of one or more types of waste from other types of waste or from other substances or articles.
A separation requirement is applicable in the circumstances specified in relation to that requirement in regulations made by the Welsh Ministers.
A person commits an offence if the person fails without reasonable excuse to comply with subsection (2) or (4).
A person who commits an offence under subsection (8) is liable on summary conviction, or on conviction on indictment, to a fine.
The Welsh Ministers may by regulations make provision (which may include provision amending this section)—
for subsection (1) or (2) to apply subject to exceptions;
for subsection (4) to apply subject to exceptions in addition to those in subsection (5).
Regulations under this section may make different provision for different purposes, different cases (including different persons, premises or types of waste) and different areas.
The Welsh Ministers may issue one or more codes of practice for the purpose of giving practical guidance about how to comply with requirements imposed by or under section 45AA.
The Welsh Ministers may revoke or revise a code of practice issued under this section.
Before issuing a code of practice (or revised code), the Welsh Ministers must consult such persons as they think appropriate.
Where the Welsh Ministers issue a code of practice (or revised code) they must—
publish the code, and
lay a copy before the National Assembly for Wales.
A code of practice issued under this section is admissible in evidence in any proceedings and must be taken into account by a court in determining any question to which it appears to the court to be relevant.
The Secretary of State may, by notice in writing, direct the holder of any environmental permit authorising a waste operation to accept and keep, or accept and treat or dispose of, waste at specified places on specified terms.
The Secretary of State may, by notice in writing, direct any person who is keeping waste on any land to deliver the waste to a specified person on specified terms ....
A direction under this section may impose a requirement as respects waste of any specified kind or as respects any specified consignment of waste.
The appropriate Minister may, by notice in writing—
direct a registered waste carrier to collect waste which is being kept on specified land and deliver it to a specified person on specified terms;
direct any person who— to facilitate collection of the waste by a specified registered waste carrier to whom a direction in respect of the waste is given under paragraph (a).
is keeping waste on any land, or
owns or occupies land on which waste is being kept,
A direction under subsection (2) above may require the person who is directed to deliver the waste to pay to the specified person his reasonable costs in relation to the waste.
A person who fails, without reasonable excuse, to comply with a direction under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
A person shall not be guilty of an offence under any other enactment prescribed by the Secretary of State by regulations made for the purposes of this subsection by reason only of anything necessarily done or omitted in order to comply with a direction under this section.
A direction under subsection (2A)(b) may require the person to whom it is given—
to pay to the specified registered waste carrier the reasonable costs of collecting and delivering the waste;
to pay to the specified person to whom the waste is delivered (“P”) the reasonable costs incurred by P in relation to the waste (including any costs P is required by a direction under this section to pay to another person).
The Secretary of State may pay any costs mentioned in subsection (4).
In this section—
The appropriate Minister may pay any costs mentioned in subsection (4A).
In relation to Scotland, the Secretary of State may give directions to a waste disposal authority to accept and keep, or accept and treat or dispose of, controlled waste at specified places on specified terms; and it shall be the duty of the authority to give effect to the directions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies to a waste collection authority whose area is in Scotland (an “authority”) when the authority is making an arrangement in accordance with section 45(1)(a).
An authority must, from 1st January 2014, arrange for there to be provided to the occupier of every domestic property in its area such receptacles as will enable the separate collection of dry recyclable waste from the property.
An authority need not arrange for a receptacle to be provided under subsection (2) if—
the property is in a rural area, and the authority considers that the separate collection of dry recyclable waste from the property would not be environmentally or economically practicable; or
the authority considers that dry recyclable waste if not presented in a receptacle will be deposited at a bring site.
An authority need not comply with subsection (2) to the extent that—
it considers that—
such non-compliance will not affect the potential of the waste to undergo preparing for re-use, recycling or other recovery operations, and
the resulting output will be of comparable quantity and quality to that achieved if subsection (2) were complied with, and
it is satisfied that dry recyclable waste will not be mixed with other waste that cannot be recycled.
An authority must, from 1st January 2016, arrange for there to be provided to the occupier of every domestic property in its area (apart from a property in a rural area)—
a receptacle which enables the separate collection of food waste from the property; or
where an authority is satisfied that the amount of food waste that will be collected is not significantly less than would be collected in a receptacle provided under paragraph (a), a receptacle which enables the occupier to present food waste and other biodegradable waste for collection.
An authority must, from 1st January 2014, take such steps as the authority considers reasonable to—
promote separate collection (including the making of arrangements for the provision of a food waste receptacle); and
promote recycling in any other manner.
In this section—
If any controlled waste or extractive waste is deposited in or on any land in the area of a waste regulation authority or waste collection authority in contravention of section 33(1) above or regulation 12 of the Environmental Permitting Regulations, the authority may, by notice served on him, require the occupier to do either or both of the following, that is—
to remove the waste from the land within a specified period not less than a period of twenty-one days beginning with the service of the notice;
to take within such a period specified steps with a view to eliminating or reducing the consequences of the deposit of the waste.
A person on whom any requirements are imposed under subsection (1) above may, within the period of twenty-one days mentioned in that subsection, appeal against the requirement to a magistrates’ court or, in Scotland, to the sheriff by way of summary applicationthe Scottish Ministers.
A waste regulation authority or waste collection authority may only impose a requirement under subsection (1) on an occupier of land if the authority is satisfied that the occupier—
deposited the waste, or
knowingly caused or knowingly permitted the deposit of the waste.
On any appeal under subsection (2) above the court or the Scottish Ministers (as the case may be) shall quash the requirement if it is or they are satisfied that— and in any other case shall either modify the requirement or dismiss the appeal.
the appellant neither deposited nor knowingly caused nor knowingly permitted the deposit of the waste; or
there is a material defect in the notice;
Where a person appeals against any requirement imposed under subsection (1) above, the requirement shall be of no effect pending the determination of the appeal; and where the court or the Scottish Ministers (as the case may be) modifies the requirement or dismisses the appeal it or they may extend the period specified in the notice.
If a person on whom a requirement imposed under subsection (1) above fails, without reasonable excuse, to comply with the requirement he shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale and to a further fine of an amount equal to one-tenth of level 5 on the standard scale one-tenth of the greater of £5,000 or level 4 on the standard scale for each day on which the failure continues after conviction of the offence and before the authority has begun to exercise its powers under subsection (6) below.
Where a person on whom a requirement has been imposed under subsection (1) above by an authority fails to comply with the requirement the authority may do what that person was required to do and may recover from him any expenses reasonably incurred by the authority in doing it.
If it appears to a waste regulation authority or waste collection authority that waste has been deposited in or on any land in contravention of section 33(1) above or regulation 12 of the Environmental Permitting Regulations, and that— the authority may remove the waste from the land or take other steps to eliminate or reduce the consequences of the deposit or, as the case may require, to remove the waste and take those steps.
in order to remove or prevent pollution of land, water or air or harm to human health it is necessary that the waste be forthwith removed or other steps taken to eliminate or reduce the consequences of the deposit or both; or
there is no occupier of the land or the occupier cannot be found without the authority incurring unreasonable expense; or
the occupier neither made nor knowingly permitted the deposit of the waste;
Where an authority exercises any of the powers conferred on it by subsection (7) above it shall be entitled to recover the cost incurred by it in removing the waste or taking the steps or both and in disposing of the waste— except such of the cost as the occupier or that person shows was incurred unnecessarily.
in a case falling within subsection (7)(a) above, from the occupier of the land unless he proves that he neither made nor knowingly caused nor knowingly permitted the deposit of the waste;
in any case, from any person who deposited or knowingly caused or knowingly permitted the deposit of any of the waste;
Any waste removed by an authority under subsection (7) above shall belong to that authority and may be dealt with accordingly.
An authority may not recover costs under subsection (8) above if a compensation order (within the meaning given by section 133 of the Sentencing Code) has been made in favour of the authority in respect of any part of those costs.
Subsection (8A) does not apply if the order is set aside on appeal.
An authority may not recover costs under subsection (8) above if a compensation order has been made under section 249 of the Criminal Procedure (Scotland) Act 1995 in favour of the authority in respect of any part of those costs.
Subsection (8C) does not apply if the compensation order is set aside on appeal.
The Scottish Ministers may by regulations make further provision about appeals to them under subsection (2), including—
provision about the manner in which appeals are to be brought,
provision about the manner in which appeals are to be considered,
transitional, transitory or saving provision.
The Scottish Ministers may issue guidance for waste regulation authorities and waste collection authorities on the operation of this section.
Waste regulation authorities and waste collection authorities must have regard to any guidance issued under subsection (11).
This section is subject to section 114 of the Environment Act 1995 (delegating or referring of appeals etc).
No person shall sort over or disturb— unless he has the relevant consent or right to do so specified in subsection (2) below.
anything deposited at a place for the deposit of waste provided by a waste collection authority, by or under arrangements made with a waste disposal authority or by any other local authority or person ;
anything deposited in a receptacle for waste, whether for public or private use, provided by a waste collection authority, by or under arrangements made with a waste disposal authority, by a parish or community council or by a holder of a waste management licence; or
the contents of any receptacle for waste which, in accordance with a requirement under section 46 or 47 above, is placed on any highway or, in Scotland, road or in any other place with a view to its being emptied;
The consent or right that is relevant for the purposes of subsection (1)(a), (b) or (c) above is—
in the case of paragraph (a), the consent of the authority . . . or other person who provides the place for the deposit of the waste;
in the case of paragraph (b), the consent of the authority . . . or other person who provides the receptacle for the deposit of the waste;
in the case of paragraph (c), the right to the custody of the receptacle, the consent of the person having the right to the custody of the receptacle or the right conferred by the function by or under this Part of emptying such receptacles.
A person who contravenes subsection (1) above shall be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.
Except as respects land in relation to which a site licence is in force, it shall be the duty of every waste regulation authority to cause its area to be inspected from time to time to detect whether any land is in such a condition, by reason of the relevant matters affecting the land, that it may cause pollution of the environment or harm to human health.
The matters affecting land relevant for the purposes of this section are the concentration or accumulation in, and emission or discharge from, the land of noxious gases or noxious liquids caused by deposits of controlled waste in the land.
For the purpose of discharging the duty imposed by subsection (1) above on a waste regulation authority, the authority may enter and inspect any land— In this subsection “controlled waste” means household, industrial or commercial waste as defined in section 75(5), (6) and (7) below (subject, if the regulations so provide, to regulations under section 63(1) or 75(8) below).
in or on which controlled waste has been deposited at any time under the authority of a waste management licence or a disposal licence under section 5 of the Control of Pollution Act 1974; or
as respects which the authority has reason to believe that controlled waste has been deposited in the land at any time (whether before or after 1st January 1976); or
in which there are, or the authority has reason to believe there may be, concentrations or accumulations of noxious gases or noxious liquids.
Where it appears to a waste regulation authority that the condition of any land in its area is such as is specified in subsection (1) above it shall be the duty of the authority, from time to time during the period of its responsibility for the land, to enter and inspect the land for the purpose of keeping its condition under review.
Where, at any time during the period of its responsibility for any land, it appears to a waste regulation authority that the condition of the land is, by reason of the relevant matters affecting the land, such that pollution of water is likely to be caused, it shall be the duty of the authority to consult the National Rivers Authority or, in Scotland, the river purification authority whose area includes the land in question as to the discharge by the authority of the duty imposed on it in relation to the land by subsection (7) below.
The “period of responsibility” for any land for the purposes of subsections (4) and (5) above extends from the time at which the condition of the land first appears to the authority to be such as is referred to in that subsection until the authority is satisfied that no pollution of the environment or harm to human health will be caused by reason of the relevant matters affecting the land.
Where, on an inspection by a waste regulation authority of any land under this section, it appears to the authority that the condition of the land is, by reason of the relevant matters affecting the land, such that pollution of the environment or harm to human health is likely to be caused it shall be the duty of the authority to do such works and take such other steps (whether on the land affected or on adjacent land) as appear to the authority to be reasonable to avoid such pollution or harm.
Where an authority exercises in relation to waste on any land the duty imposed by subsection (7) above, the authority shall, except in a case falling within subsection (9) below, be entitled to recover the cost or part of the cost incurred in doing so from the person who is for the time being the owner of the land, except such of the cost as that person shows was incurred unreasonably.
Subsection (8) above does not apply in a case where the authority accepted the surrender under section 39 above of the waste management licence which authorised the activities in the course of which the waste was deposited.
In deciding whether to recover the cost and, if so, how much to recover of the cost which it is entitled to recover under subsection (8) above, the authority shall have regard to any hardship which the recovery may cause to the owner of the land.
It shall be the duty of waste regulation authorities to have regard to any guidance issued to them by the Secretary of State as respects the discharge of their functions under this section.
An authorised officer of a waste collection authority may give a written warning to a person if satisfied on the balance of probabilities that—
the person has failed without reasonable excuse to comply with a requirement imposed by the authority under section 46(1), (3)(c) or (d) or (4) (a “section 46 requirement”), and
the person's failure to comply—
has caused, or is or was likely to cause, a nuisance, or
has been, or is or was likely to be, detrimental to any amenities of the locality.
A written warning under subsection (1)—
must—
identify the section 46 requirement with which the person has failed to comply,
explain the nature of the failure to comply,
explain how the failure to comply has had, or is or was likely to have, the effect described in subsection (1)(b),
if the failure to comply is continuing, specify the period within which the requirement must be complied with and explain the consequences of the requirement not being complied with within that period, and
whether or not the failure to comply is continuing, explain the consequences of the person subsequently failing to comply with the same or a similar section 46 requirement, and
may contain such other provision as the waste collection authority considers appropriate.
An authorised officer of a waste collection authority may require a person to whom a written warning under subsection (1) has been given to pay a civil penalty charge to the authority, if satisfied on the balance of probabilities that the person continued to fail to comply with the section 46 requirement identified in the warning after the end of the period for compliance specified in the warning.
An authorised officer of a waste collection authority may require a person who has already been required to pay a civil penalty charge under subsection (3) to pay a further civil penalty charge to the authority, if satisfied on the balance of probabilities that the person’s original failure to comply still continues during the period of 12 months beginning with the day on which the written warning was given.
But a further civil penalty charge may not be required under subsection (4) where there is an appeal pending against the decision to require a charge under subsection (3).
An authorised officer of a waste collection authority may require a person to whom a written warning under subsection (1) has been given to pay a civil penalty charge to the authority, if satisfied on the balance of probabilities that, before the end of the period of 12 months beginning with the day on which the warning was given—
the person—
has again failed without reasonable excuse to comply with the section 46 requirement identified in the warning, or
has failed without reasonable excuse to comply with a section 46 requirement that is similar to the one identified in the warning, and
the person's failure to comply—
has caused, or is or was likely to cause, a nuisance, or
has been, or is or was likely to be, detrimental to any amenities of the locality.
An authorised officer may require a person to pay a civil penalty charge under subsection (4) or (6) each time that the authorised officer is satisfied on the balance of probabilities of the matters mentioned in the subsection.
An authorised officer may not give a person a written warning under subsection (1) where, in relation to the same circumstances—
the person has already been given a notice under section 46ZD(2), or
proceedings have already been instituted against the person for an alleged offence under section 46(6).
An authorised officer imposing a requirement to pay a civil penalty charge under subsection (3), (4) or (6) must act in accordance with section 46ZB.
A civil penalty charge under this section is recoverable in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff for any sheriffdom.
In this section and sections 46ZB to 46ZD—
Before requiring a person to pay a civil penalty charge under section 46ZA, an authorised officer must serve on the person notice of intention to do so (a “notice of intent”).
A notice of intent must contain information about—
the grounds for requiring payment of a civil penalty charge,
the amount of the civil penalty charge, and
the person’s entitlement to make representations under subsection (3).
A person on whom a notice of intent is served may, within a period specified in regulations under section 46ZC, make representations to the authorised officer as to why payment of a civil penalty charge should not be required.
In order to require a person to pay a civil penalty charge under section 46ZA, an authorised officer must serve on the person a further notice (the “final notice”) in accordance with subsections (5) to (7).
A final notice may not be served on a person by an authorised officer before the end of the period of 28 days beginning with the day service of the notice of intent on the person was effected.
Before serving a final notice on a person, an authorised officer must consider any representations made by the person under subsection (3).
A final notice must contain information about—
the grounds for requiring payment of a civil penalty charge,
the amount of the civil penalty charge,
how payment may be made,
the period within which payment is required to be made,
the right to appeal by virtue of section 46ZC(1)(i), and
the consequences of not paying the civil penalty charge.
The Scottish Ministers may by regulations make provision about—
the amount of the civil penalty charge that a person may be required to pay to a waste collection authority under section 46ZA,
discounts and surcharges relating to civil penalty charges under section 46ZA,
the procedure to be followed by an authorised officer in requiring payment of a civil penalty charge under section 46ZA,
the form and content of—
a notice of a civil penalty charge under section 46ZA,
a notice of intent and a final notice under section 46ZB,
the period within which representations in response to a notice of intent under section 46ZB may be given, and the form in which they may be given,
the matters to be considered by the authority in relation to such representations,
the period for payment of a civil penalty charge under section 46ZA(3), (4) and (6),
the circumstances in which the requirement of a civil penalty charge under section 46ZA may be withdrawn by a waste collection authority,
the appeal procedure in relation to the requirement of a civil penalty charge under section 46ZA.
Regulations under subsection (1) may—
make incidental, supplementary, consequential, transitional, transitory or saving provision,
make different provision for different purposes or for different waste collection authority areas.
This section applies where an authorised officer of a waste collection authority has reason to believe that a person has committed an offence under section 46(6) requirement in the area of that authority.
The authorised officer may give the person a notice offering the person the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the waste collection authority.
Where a person is given a notice under subsection (2) in respect of an offence—
no proceedings may be instituted for that offence before the end of the period of 14 days beginning with the date of the notice, and
the person may not be convicted of that offence if the person pays the fixed penalty before the end of that period.
Where a person has already been given a final notice under section 46ZB, and any subsequent civil penalty charge has been paid in full—
no notice may be given to the person under subsection (2) of this section in relation to the same circumstances,
no proceedings may be instituted under section 46(6) against the person in relation to the same circumstances.
A notice under subsection (2) must—
state the particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence,
state the period during which, by virtue of subsection (3), proceedings will not be instituted for the offence,
state the amount of the fixed penalty,
explain that the notice contains an offer to discharge liability to conviction for the offence by payment of a fixed penalty and the person is not required to accept that offer, and
state the person to whom the fixed penalty may be paid, and the address and website for doing so.
The Scottish Ministers may by regulations specify—
the amount of the fixed penalty payable under this section (not exceeding level 2 on the standard scale),
the form of a notice under subsection (2).
An authorised officer of a waste collection authority may require an occupier of domestic property to give the occupier’s name, address and date of birth, if the officer proposes to give the occupier a fixed penalty notice under this section.
A person commits an offence if the person—
fails to give a name, address or date of birth when required to do so under subsection (7), or
gives a false or inaccurate name, address or date of birth in response to a requirement under that subsection.
A person who commits an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In any proceedings a certificate which— is evidence of the facts stated.
purports to be signed on behalf of the person having responsibility for the financial affairs of the waste collection authority, and
states that payment of a fixed penalty was or was not received by a date specified in the certificate,
The Scottish Ministers must issue guidance on the operation of sections 46ZA to 46ZD.
In preparing guidance under subsection (1), the Scottish Ministers must consult waste collection authorities.
A waste collection authority, and an authorised officer of a waste collection authority, must have regard to any guidance issued under subsection (1).
This section applies where an authorised officer of a waste collection authority in England is satisfied that—
a person has failed without reasonable excuse to comply with a requirement imposed by the authority under section 46(1), (3)(c) or (d) or (4) (a “section 46 requirement”), and
the person's failure to comply—
has caused, or is or was likely to cause, a nuisance, or
has been, or is or was likely to be, detrimental to any amenities of the locality.
Where this section applies, the authorised officer may give a written warning to the person.
A written warning must—
identify the section 46 requirement with which the person has failed to comply,
explain the nature of the failure to comply,
explain how the failure to comply has had, or is or was likely to have, the effect described in subsection (1)(b),
if the failure to comply is continuing, specify the period within which the requirement must be complied with and explain the consequences of the requirement not being complied with within that period, and
whether or not the failure to comply is continuing, explain the consequences of the person subsequently failing to comply with the same or a similar section 46 requirement.
Where a written warning has been given in respect of a failure to comply that is continuing, an authorised officer of the waste collection authority may require the person to whom the written warning was given to pay a fixed penalty to the authority if satisfied that the person has failed to comply with the section 46 requirement identified in the warning within the period specified by virtue of subsection (3)(d).
Where a person has been required to pay a fixed penalty under subsection (4) and that requirement has not been withdrawn on appeal, an authorised officer of the authority may require the person to pay a further fixed penalty to the authority if satisfied that the failure to comply is still continuing at the end of a relevant period which falls within the period of one year beginning with the day the written warning was given.
For the purposes of subsection (5)—
a “relevant period” is a period beginning with the day a final notice is served on the person under section 46C(5) in respect of the failure to comply that is continuing and ending with—
where the person appeals against the requirement to pay a fixed penalty imposed by the final notice, the day on which the appeal that is the final appeal made by the person against the requirement is dismissed or withdrawn;
where the person does not appeal, the day on which the period for appealing expires;
there is no relevant period where the person appeals as mentioned in paragraph (a)(i) and the requirement to pay the fixed penalty is withdrawn on appeal.
Where a written warning has been given, whether or not in respect of a failure to comply that is continuing, an authorised officer of the waste collection authority may require the person to whom the written warning was given to pay a fixed penalty to the authority if satisfied that, within the period of one year beginning with the day the written warning was given —
the person has again failed without reasonable excuse to comply with the section 46 requirement identified in the warning and the person's failure to comply has had, or is or was likely to have, the effect described in subsection (1)(b), or
the person has failed without reasonable excuse to comply with a section 46 requirement that is similar to the one identified in the warning and the person's failure to comply has had, or is or was likely to have, the effect described in subsection (1)(b).
An authorised officer may require a person to pay a fixed penalty under subsection (5) or (7) each time that the authorised officer is satisfied of the matters mentioned in the subsection.
An authorised officer imposing a requirement to pay a fixed penalty under subsection (4), (5) or (7) must act in accordance with section 46C.
A “fixed penalty” means a monetary penalty of an amount determined in accordance with section 46B.
An “authorised officer”, in relation to a waste collection authority, means—
an employee of the authority who is authorised in writing by the authority for the purpose of giving written warnings and requiring payment of fixed penalties under this section;
any person who, under arrangements made with the authority, has the function of giving such warnings and requiring such payments and is authorised in writing by the authority to perform that function;
any employee of such a person who is authorised in writing by the authority for the purpose of giving such warnings and requiring such payments.
The amount of the monetary penalty that a person may be required to pay to a waste collection authority under section 46A is—
the amount specified by the waste collection authority in relation to the authority's area, or
if no amount is so specified, £60.
A waste collection authority may make provision for treating a fixed penalty under section 46A as having been paid if a lesser amount is paid before the end of a period specified by the authority.
The Secretary of State may by regulations make provision in connection with the powers conferred on waste collection authorities in England under subsections (1)(a) and (2).
Regulations under subsection (3) may (in particular)—
require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations;
restrict the extent to which, and the circumstances in which, a waste collection authority may make provision under subsection (2).
The Secretary of State may by order substitute a different amount for the amount for the time being specified in subsection (1)(b).
A fixed penalty under section 46A—
is recoverable summarily as a civil debt;
is recoverable as if it were payable under an order of the High Court or the county court, if the court in question so orders.
Before requiring a person to pay a fixed penalty under section 46A, an authorised officer must serve on the person notice of intention to do so (a “notice of intent”) in accordance with subsections (2) to (4).
A notice of intent must contain information about—
the grounds for proposing to require payment of a fixed penalty,
the amount of the penalty that the person would be required to pay, and
the right to make representations under subsection (3).
A person on whom a notice of intent is served may make representations to the authorised officer as to why payment of a fixed penalty should not be required.
Representations under subsection (3) must be made within the period of 28 days beginning with the day service of the notice of intent is effected.
In order to require a person to pay a fixed penalty under section 46A, an authorised officer must serve on the person a further notice (the “final notice”) in accordance with subsections (6) to (8).
A final notice may not be served on a person by an authorised officer before the expiry of the period of 28 days beginning with the day service of the notice of intent on the person was effected.
Before serving a final notice on a person, an authorised officer must consider any representations made by the person under subsection (3).
The final notice must contain information about—
the grounds for requiring payment of a fixed penalty,
the amount of the penalty,
how payment may be made,
the period within which payment is required to be made (which must not be less than the period of 28 days beginning with the day service of the final notice is effected),
any provision giving a discount for early payment made by virtue of section 46B(2),
the right to appeal under section 46D, and
the consequences of not paying the penalty.
A person on whom a final notice is served under section 46C may appeal to the First-tier Tribunal against the decision to require payment of a fixed penalty.
On an appeal under this section the First-tier Tribunal may withdraw or confirm the requirement to pay the fixed penalty.
The requirement to pay the fixed penalty is suspended pending the determination or withdrawal of the appeal that is the final appeal made by the person against the decision to require payment of the penalty. (This is subject to subsection (4).)
Where the requirement to pay the fixed penalty is confirmed at any stage in the proceedings on appeal, payment must be made before the end of the period of 28 days beginning with the day on which the requirement is so confirmed unless the person makes a further appeal before the end of that period.
The reference in subsection (4) to the requirement to pay the fixed penalty being confirmed on appeal includes a reference to an appeal decision confirming the requirement to pay the fixed penalty being upheld on a further appeal.
This section applies where on any occasion an authorised officer of a waste collection authority has reason to believe that a person has committed an offence under section 46 or 47 above in the area of that authority.
The authorised officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the waste collection authority.
Where a person is given a notice under this section in respect of an offence—
no proceedings may be instituted for that offence before the expiration of the period of fourteen days following the date of the notice; and
he may not be convicted of that offence if he pays the fixed penalty before the expiration of that period.
A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
A notice under this section must also state—
the period during which, by virtue of subsection (3) above, proceedings will not be taken for the offence;
the amount of the fixed penalty; and
the person to whom and the address at which the fixed penalty may be paid.
Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (5)(c) above at the address so mentioned.
Where a letter is sent in accordance with subsection (6) above payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
The form of a notice under this section is to be such as the appropriate person may by order prescribe.
In any proceedings a certificate which— is evidence of the facts stated.
purports to be signed on behalf of the chief finance officer of the waste collection authority, and
states that payment of a fixed penalty was or was not received by a date specified in the certificate,
In this section—
This section applies in relation to a fixed penalty payable to a waste collection authority in pursuance of a notice under section 47ZA above.
The amount of the fixed penalty—
is the amount specified by the waste collection authority in relation to the authority's area, or
if no amount is so specified —
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
... is £100.
The waste collection authority may make provision for treating the fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by the authority.
The appropriate person may by regulations make provision in connection with the powers conferred on waste collection authorities under subsections (2)(a) and (3) above.
Regulations under subsection (4) may (in particular)—
require an amount specified under subsection (2)(a) above to fall within a range prescribed in the regulations;
restrict the extent to which, and the circumstances in which, a waste collection authority can make provision under subsection (3) above.
The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (2)(b) above.
Not later than 31st October 2004, the Secretary of State shall lay before each House of Parliament a report of the performance—
of each English waste authority in meeting its recycling and composting standards (if any); and
of each English waste collection authority towards meeting the requirement imposed by section 45A(2) above.
In this section—
Where, under section 48(2) above, a waste collection authority retains for recycling waste collected by it under section 45 above, the waste disposal authority for the area which includes the area of the waste collection authority shall make to that authority payments, in respect of the waste so retained, of such amounts representing its net saving of expenditure on the disposal of the waste as the authority determines.
Where, by reason of the discharge by a waste disposal authority of its functions, waste arising in its area does not fall to be collected by a waste collection authority under section 45 above, the waste collection authority shall make to the waste disposal authority payments, in respect of the waste not falling to be so collected, of such amounts representing its net saving of expenditure on the collection of the waste as the authority determines.
Where a person other than a waste collection authority, for the purpose of recycling it, collects waste arising in the area of a waste disposal authority which would fall to be collected under section 45 above, the waste disposal authority may make to that person payments, in respect of the waste so collected, of such amounts representing its net saving of expenditure on the disposal of the waste as the authority determines.
Where a person other than a waste collection authority, for the purpose of recycling it, collects waste which would fall to be collected under section 45 above, the waste collection authority may make to that person payments, in respect of the waste so collected, of such amounts representing its net saving of expenditure on the collection of the waste as the authority determines.
The Secretary of State may, by regulations, impose on waste disposal authorities a duty to make payments corresponding to the payments which are authorised by subsection (3) above to such persons in such circumstances and in respect of such descriptions or quantities of waste as are specified in the regulations.
For the purposes of subsections (1), (3) and (5) above the net saving of expenditure of a waste disposal authority on the disposal of any waste retained or collected for recycling is the amount of the expenditure which the authority would, but for the retention or collection, have incurred in having it disposed of less any amount payable by the authority to any person in consequence of the retention or collection for recycling (instead of the disposal) of the waste.
For the purposes of subsections (2) and (4) above the net saving of expenditure of a waste collection authority on the collection of any waste not falling to be collected by it is the amount of the expenditure which the authority would, if it had had to collect the waste, have incurred in collecting it .
The Secretary of State shall, by regulations, make provision for the determination of the net saving of expenditure for the purposes of subsections (1), (2), (3), (4) and (5) above.
A waste disposal authority shall be entitled to receive from a waste collection authority such sums as are needed to reimburse the waste disposal authority the reasonable cost of making arrangements under section 51(1) above for the disposal of commercial and industrial waste collected in the area of the waste disposal authority.
A waste disposal authority shall pay to a waste collection authority a reasonable contribution towards expenditure reasonably incurred by the waste collection authority in delivering waste, in pursuance of a direction under section 51(4)(a) above, to a place which is unreasonably far from the waste collection authority’s area.
Any question arising under subsection (9) or (10) above shall, in default of agreement between the two authorities in question, be determined by arbitration.
A waste disposal authority in England which is not also a waste collection authority shall pay to a waste collection authority within its area such amounts as are needed to ensure that the collection authority is not financially worse off as a result of having to comply with any separation requirements.
A waste disposal authority in England which is not also a waste collection authority may pay to a waste collection authority within its area— contributions of such amounts as the disposal authority may determine towards expenditure of the collection authority that is attributable to its delivering the waste in that state.
which performs its duty under section 48(1) above by delivering waste in a state of separation, but
which is not subject to any separation requirements as respects the delivery of that waste,
The Secretary of State may by regulations make provision about how amounts to be paid under subsection (1) above are to be determined.
Regulations under subsection (3) above may include provision for amounts to be less than they would otherwise be (or to be nil) if conditions specified in the regulations are not satisfied.
Any question arising under subsection (1) above shall, in default of agreement between the paying and receiving authorities, be determined by arbitration.
A waste collection authority in England which is not also a waste disposal authority shall supply the waste disposal authority for its area with such information as the disposal authority may reasonably require—
for the purpose of determining amounts under this section, or
for the purpose of estimating any amounts that would fall to be determined under this section were the collection authority to be subject to particular separation requirements.
In this section “separation requirements”, in relation to a waste collection authority, means requirements about separation included in directions given to it under section 51(4)(a) above.
The Secretary of State may, by notice in writing, direct any waste management operator to accept and keep, or accept and treat or dispose of, controlled waste at specified places on specified terms.
The Secretary of State may, by notice in writing, direct any person who is keeping controlled waste on any land to deliver the waste to a specified person on specified terms with a view to its being treated or disposed of by that other person.
A direction under this section may impose a requirement as respects waste of any specified kind or as respects any specified consignment of waste.
A direction under subsection (1) may only be given for the purpose of protecting the environment or human health.
A direction under subsection (2) above may require the person who is directed to deliver the waste to pay to the specified person his reasonable costs of treating or disposing of the waste.
A person who fails, without reasonable excuse, to comply with a direction under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
A person shall not be guilty of an offence under any other enactment prescribed by the Secretary of State by regulations made for the purposes of this subsection by reason only of anything necessarily done or omitted in order to comply with a direction under this section.
The Secretary of State may, where the costs of the treatment or disposal of waste are not paid or not fully paid in pursuance of subsection (4) above to the person treating or disposing of the waste, pay the costs or the unpaid costs, as the case may be, to that person.
In subsection (6) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
In this section—
“authorisation” includes—
any authorisation, permit, licence, registration or notification;
an exemption (whether or not subject to conditions or limitations) from a requirement to have or make an authorisation, permit, licence, registration or notification;
a requirement to comply with general binding rules, conditions or limitations;
“specified” means specified in a direction under this section;
“waste management operation” means the deposit, disposal, management, recovery or treatment of waste;
“waste management operator” means a person—
to whom an authorisation to carry on a waste management operation has been granted or transferred; or
carrying on a waste management operation in accordance with an authorisation.
Where the grounds in subsection (2), (3) or (4) below are met, a waste regulation authority or waste collection authority may, by notice served on him, require the owner of any land in its area to comply with either or both of the requirements mentioned in subsection (1)(a) and (b) of section 59 above.
The grounds in this subsection are that it appears to the authority that waste has been deposited in or on the land in contravention of section 33(1) above or regulation 12 of the Environmental Permitting Regulations, and—
there is no occupier of the land, or
the occupier cannot be found without the authority incurring unreasonable expense.
The grounds in this subsection are that—
the authority has served a notice under subsection (1) of section 59 above imposing a requirement on the occupier of the land,
the occupier of the land is not the same person as the owner of the land, and
the occupier has failed to comply with the requirement mentioned in paragraph (a) above within the period specified in the notice.
The grounds in this subsection are that—
the authority has served a notice under subsection (1) of section 59 above imposing a requirement on the occupier of the land,
the occupier of the land is not the same person as the owner of the land, and
the requirement mentioned in paragraph (a) above has been quashed on the ground specified in subsection (3)(a) of that section.
Subsections (2) to (6) of section 59 above apply in relation to requirements imposed under this section on the owner of the land as they apply in relation to requirements imposed under that section on the occupier of the land but as if in subsection (3) there were inserted after paragraph (a)— .
In this section “owner” has the meaning given to it in section 78A(9) below.
Subsection (2) applies if any controlled waste or extractive waste is kept or disposed of in or on any land in the area of an authority in contravention of section 33(1) or regulation 12 of the Environmental Permitting Regulations.
The authority may, by notice served on the occupier, require the occupier to do one or both of the following—
remove the waste from the land within a specified period of not less than 21 days beginning with the service of the notice;
take within such a period specified steps with a view to eliminating or reducing the consequences of the keeping or disposal of the waste.
A person on whom a requirement is imposed under subsection (2) may, within 21 days beginning with the service of the notice, appeal against the requirement to a magistrates’ court.
On any appeal under subsection (3), the court must quash the requirement if it is satisfied that— and in any other case may modify the requirement or dismiss the appeal.
the appellant did not keep or dispose of, or knowingly cause or knowingly permit the keeping or disposal of, the waste, or
there is a material defect in the notice,
Where a person appeals against a requirement imposed under subsection (2), the requirement has no effect pending the determination of the appeal; and where the court modifies the requirement or dismisses the appeal it may extend the period specified in the notice.
If a person on whom a requirement imposed under subsection (2) fails, without reasonable excuse, to comply with the requirement, that person is liable, on summary conviction, to a fine.
Where a person on whom a requirement has been imposed under subsection (2) by an authority fails to comply with the requirement, the authority may do what that person was required to do and may recover from that person any expenses reasonably incurred by the authority in doing it.
If it appears to an authority that controlled waste or extractive waste has been kept or disposed of in or on any land in the authority’s area in contravention of section 33(1) or regulation 12 of the Environmental Permitting Regulations, and that— the authority may remove the waste from the land, or take steps to eliminate or reduce the consequences of the keeping or disposal of the waste, or both.
in order to remove or prevent pollution of land, water or air or harm to human health, it is necessary that the waste be forthwith removed, or that steps are taken to eliminate or reduce the consequences of the keeping or disposal, or both,
there is no occupier of the land or the occupier cannot be found without the authority incurring unreasonable expense, or
the occupier did not keep or dispose of, or knowingly cause or knowingly permit the keeping or disposal of, the waste,
Where an authority exercises any of the powers conferred on it by subsection (8), it is entitled to recover the cost incurred by it in removing the waste or taking the steps or both, and in disposing of the waste— except such of the cost as the occupier or that person shows was incurred unnecessarily.
in a case falling within subsection (8)(a), from the occupier of the land, unless the occupier proves that the occupier did not keep or dispose of, or knowingly cause or knowingly permit the keeping or disposal of, the waste,
in any case, from any person who kept or disposed of, or knowingly caused or knowingly permitted the keeping or disposal of, the waste,
An authority may not recover costs under subsection (9) if a compensation order (within the meaning given by section 133 of the Sentencing Code) has been made in favour of the authority in respect of any part of those costs.
Subsection (10) does not apply if the compensation order is set aside on appeal.
Any waste removed by an authority under subsection (8) belongs to that authority and may be dealt with accordingly.
Subsections (2) and (8) do not apply in relation to household waste from a domestic property which is kept or disposed of within the curtilage of that property by a person other than an establishment or undertaking.
In this section and section 59ZC, “authority” means—
a waste regulation authority in England or Wales, or
a waste collection authority in England or Wales.
Where the grounds in subsection (2) or (3) are met, an authority may, by notice served on the owner of any land in its area, require the owner to comply with one or both of the requirements mentioned in section 59ZB(2)(a) or (b).
The grounds in this subsection are that it appears to the authority that controlled waste or extractive waste has been kept or disposed of in or on the land in contravention of section 33(1) or regulation 12 of the Environmental Permitting Regulations, and—
there is no occupier of the land, or
the occupier cannot be found without the authority incurring unreasonable expense.
The grounds in this subsection are that—
the authority has served a notice under section 59ZB(2) imposing a requirement on the occupier of the land,
the occupier of the land is not the same person as the owner of the land, and
either—
the occupier has failed to comply with the requirement mentioned in paragraph (a) within the period specified in the notice, or
the requirement mentioned in paragraph (a) has been quashed on the ground specified in section 59ZB(4)(a).
Section 59ZB(3) to (7) apply in relation to a requirement imposed under this section on the owner of the land as they apply in relation to a requirement imposed under that section on the occupier of land but as if in section 59ZB(4) there were inserted after paragraph (a)—.
Subsection (1) does not apply in relation to household waste from a domestic property which is kept or disposed of within the curtilage of that property by a person other than an establishment or undertaking.
In this section, “owner” has the meaning given by section 78A(9).
The Secretary of State may issue directions setting out categories of waste to which a waste regulation authority or waste collection authority in England and Wales should give priority for the purposes of exercising its powers under section 59 , 59ZA, 59ZB or 59ZC above.
Priorities set out in directions under subsection (1) above may be different for different authorities or areas.
But nothing in this section or in any directions issued under it affects any power of an authority under section 59 , 59ZA, 59ZB or 59ZC above.
A waste regulation authority shall publicise any direction given to it under subsection (1) above in such manner as it considers appropriate.
No person shall sort over or disturb— unless he has the relevant consent or right to do so specified in subsection (2) below.
anything deposited at a place for the deposit of waste provided by a waste collection authority, by a waste disposal contractor under arrangements made with a waste disposal authority or by any other local authority or person or, in Scotland, by a waste disposal authority;
anything deposited in a receptacle for waste, whether for public or private use, provided by a waste collection authority, by a waste disposal contractor under arrangements made with a waste disposal authority, by a parish or community council or by a holder of a waste management licence or, in Scotland, by a waste disposal authority or a roads authority; or
the contents of any receptacle for waste which, in accordance with a requirement under section 46 or 47 above, is placed on any highway or, in Scotland, road or in any other place with a view to its being emptied;
The consent or right that is relevant for the purposes of subsection (1)(a), (b) or (c) above is—
in the case of paragraph (a), the consent of the authority, contractor or other person who provides the place for the deposit of the waste;
in the case of paragraph (b), the consent of the authority, contractor or other person who provides the receptacle for the deposit of the waste;
in the case of paragraph (c), the right to the custody of the receptacle, the consent of the person having the right to the custody of the receptacle or the right conferred by the function by or under this Part of emptying such receptacles.
A person who contravenes subsection (1) above shall be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.
An occupier of premises in Wales must not— into a public sewer or a sewer or drain communicating with a public sewer.
discharge food waste produced on or brought onto the premises, or
knowingly cause or knowingly permit food waste produced on or brought onto the premises to be discharged,
Subsection (1) does not apply to an occupier of premises within paragraph (a) or (b) of section 75(5) (domestic property and caravans).
A person commits an offence if, without reasonable excuse, the person contravenes subsection (1).
A person who commits an offence under subsection (3) is liable on summary conviction, or on conviction on indictment, to a fine.
In subsection (1)—
The Welsh Ministers may by regulations—
provide for subsection (1) to apply only in circumstances specified in the regulations;
make provision (which may include provision amending this section) for subsection (1) to apply subject to exceptions in addition to those in subsection (2);
amend the definition of “food waste” in subsection (5).
Regulations under subsection (6)(a) or (b) may make different provision for different purposes, different cases (including different persons, premises or types of food waste) and different areas.
If the Secretary of State considers that controlled waste of any kind is or may be so dangerous or difficult to treat, keep or dispose of that special provision is required for dealing with it he shall make provision by regulations for the treatment, keeping or disposal of waste of that kind (“special waste”).
Without prejudice to the generality of subsection (1) above, the regulations may include provision—
for the giving of directions by waste regulation authorities with respect to matters connected with the treatment, keeping or disposal of special waste;
for securing that special waste is not, while awaiting treatment or disposal in pursuance of the regulations, kept at any one place in quantities greater than those which are prescribed and in circumstances which differ from those which are prescribed;
in connection with requirements imposed on consignors or consignees of special waste, imposing, in the event of non-compliance, requirements on any person carrying the consignment to re-deliver it as directed;
for requiring the occupier of premises on which special waste is situated to give notice of that fact and other prescribed information to a prescribed authority;
for the keeping of records by waste regulation authorities and by persons who import, export, produce, keep, treat or dispose of special waste or deliver it to another person for treatment or disposal, for the inspection of the records and for the furnishing by such persons to waste regulation authorities of copies of or information derived from the records;
for the keeping in the register under section 64(1) below under regulation 38 of the Environmental Authorisations (Scotland) Regulations 2018 of copies of such of those records, or such information derived from those records, as may be prescribed;
providing that a contravention of the regulations shall be an offence and prescribing the maximum penalty for the offence, which shall not exceed, on summary conviction, a fine at level 5 on the standard scale and, on conviction on indictment, imprisonment for a term of two years or a fine or both.
Without prejudice to the generality of subsection (1) above, the regulations may include provision—
for the supervision by waste regulation authorities— and for the recovery from persons falling within sub-paragraph (ii) above of the costs incurred by waste regulation authorities in performing functions conferred upon those authorities by the regulations;
of activities authorised by virtue of the regulations or of activities by virtue of carrying on which persons are subject to provisions of the regulations, or
of persons who carry on activities authorised by virtue of the regulations or who are subject to provisions of the regulations,
as to the recovery of expenses or other charges for the treatment, keeping or disposal or the re-delivery of special waste in pursuance of the regulations;
as to appeals to the Secretary of State from decisions of waste regulation authorities under the regulations.
In the application of this section to Northern Ireland “waste regulation authority” means the Department of the Environment for Northern Ireland.
This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).
The Secretary of State may, after consultation with such bodies as he considers appropriate, make regulations providing that prescribed provisions of this Part shall have effect in a prescribed area— and the regulations may make such modifications of other enactments as the Secretary of State considers appropriate.
as if references in those provisions to controlled waste or controlled waste of a kind specified in the regulations included references to such waste as is mentioned in section 75(7)(c) below which is of a kind so specified; and
with such modifications as may be prescribed;
A person who deposits, or knowingly causes or knowingly permits the deposit of, any waste— in a case where he would be guilty of an offence under section 33 above if the waste were special waste and any waste management licence were not in force, shall, subject to subsection (3) below, be guilty of that offence and punishable as if the waste were special waste.
deposits any waste other than controlled waste, or
which is not controlled waste, but
which, if it were controlled waste, would be special waste,
knowingly causes or knowingly permits the deposit of any waste other than controlled waste,
No offence is committed by virtue of subsection (2) above if the act charged was done under and in accordance with any consent, licence, approval or authority granted under any enactment (excluding any planning permission under the enactments relating to town and country planning).
Section 45(2) and section 47(1) above shall apply to waste other than controlled waste as they apply to controlled waste.
In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
The relevant national authority may, by regulations, make provision for, about or connected with the regulation of hazardous waste in England and Wales.
Provision that may be made in the regulations includes provision—
prohibiting or restricting any activity in relation to hazardous waste;
for the giving of directions by waste regulation authorities with respect to matters connected with any activity in relation to hazardous waste;
imposing requirements about how hazardous waste may be kept (including requirements about the quantities of hazardous waste which may be kept at any place);
about hazardous waste that originated outside England or Wales;
about the registration of hazardous waste controllers or places where activities in relation to hazardous waste are carried out;
for the keeping of records by hazardous waste controllers;
for the inspection of those records by waste regulation authorities or specified persons;
for the provision by hazardous waste controllers of copies of, or information derived from, those records to waste regulation authorities or specified persons;
for hazardous waste controllers to inform waste regulation authorities, or specified persons, when carrying out activities in relation to hazardous waste;
about the circumstances in which waste which is not hazardous waste, but which shares characteristics with hazardous waste, is to be treated as hazardous waste;
for, about or connected with criminal offences;
for, about or connected with the imposition of civil sanctions.
The regulations may not provide for an offence to be punishable—
on summary conviction, by imprisonment, or
on conviction on indictment, by a term of imprisonment exceeding two years.
For the purposes of this section “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).
The regulations may make provision for, about or connected with the imposition of a sanction of that kind whether or not—
the conduct in respect of which the sanction is imposed constitutes an offence, or
the person imposing it is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008.
The regulations may also include provision—
for the supervision by waste regulation authorities—
of activities in relation to hazardous waste, or
of hazardous waste controllers;
about the keeping of records (which may include registers of hazardous waste controllers and places where hazardous waste may be kept or processed) by waste regulation authorities;
as to the recovery of expenses or other charges for the treatment, keeping or disposal or the re-delivery of hazardous waste by waste regulation authorities or hazardous waste controllers;
as to appeals to the relevant national authority from decisions of waste regulation authorities.
This section is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).
Regulations under this section may confer functions (including functions involving the exercise of a discretion) on the relevant national authority or a waste regulation authority.
The regulations may—
make different provision for different purposes;
make incidental, supplementary, consequential, transitional or saving provision.
For the purposes of this section “mixing” in relation to hazardous waste means—
diluting it (with any substance);
mixing it with other hazardous waste of a different type, or that has different characteristics;
mixing it with any other substance or material (whether waste or not).
In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The relevant national authority may by regulations make provision for the purpose of tracking relevant waste, including provision about the establishment of an electronic system (“the system”) for that purpose.
The regulations may impose requirements on relevant waste controllers, or a waste regulation authority, to take specified steps to secure the entry into the system of specified information about, or which is relevant to the tracking or regulation of, specified relevant waste.
The information which may be specified includes information about—
the processing, movement or transfer to another person of relevant waste or waste processing products;
persons to whom relevant waste or waste processing products have been transferred;
the carrying out of any activity by relevant waste controllers in relation to, or in connection with, relevant waste or waste processing products;
relevant waste controllers.
The regulations may impose requirements on relevant waste controllers to take specified steps to enable physical identification of specified relevant waste or waste processing products.
The regulations may allow relevant waste controllers, or a waste regulation authority, to make arrangements for other persons to discharge their obligations under the regulations, and may impose requirements on such persons in connection with such arrangements.
The regulations must provide for an exemption for digitally excluded persons from any requirement that would involve the use of electronic communications or the keeping of electronic records, but may impose alternative requirements on those persons that do not involve either.
The regulations may designate a person to establish, operate or maintain the system and may confer functions on such a person.
The regulations may make provision about how information held on the system is to be used including provision—
about who may access the information;
permitting, or requiring, the disclosure, publication or transfer to another electronic system of such information;
imposing requirements on persons who obtain such information not to further disclose it.
The regulations may impose fees or charges, payable to a person designated by, or in accordance with, the regulations, on persons subject to any requirement imposed by the regulations.
The amount of such fees or charges may reflect the costs of establishing, operating or maintaining the system and any other costs incurred in connection with the tracking of relevant waste by a person designated to establish, operate or maintain the system.
The relevant national authority may provide grants or loans to a person designated to establish, operate or maintain the system.
In this section—
Regulations under section 34CA(1) may make provision about the enforcement of requirements imposed by or under the regulations.
The regulations may include provision—
creating criminal offences punishable with a fine in respect of failures to comply with the regulations;
about such offences.
The regulations may include provision—
for, about or connected with the imposition of civil sanctions by an enforcement authority;
in the case of a civil sanction that requires the payment of an amount, for that amount—
to be specified in the regulations;
to be determined by an enforcement authority in accordance with the regulations;
for such a determination to be made by reference to factors specified or described in the regulations which may include, for example, the turnover of a business or the costs of complying with the requirement being enforced (and the regulations may provide that the amount to be paid may exceed the amount of those costs);
about appeals against the imposition of a civil sanction.
In this section “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).
The regulations may include provision for the imposition of sanctions of that kind whether or not—
the conduct in respect of which the sanction is imposed constitutes an offence,
the enforcement authority is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008, or
the relevant national authority may make provision for the imposition of sanctions under that Part.
The regulations may make different provision for different purposes.
The regulations may make consequential, supplementary, incidental, transitional or saving provision, including provision amending, repealing or revoking primary legislation or assimilated direct legislation.
In this section—
Subject to sections 65 and 66 below, it shall be the duty of each waste regulation authority to maintain a register containing prescribed particulars of or relating to— and any other document or information required to be kept in the register under any provision of this Act.
current or recently current licences (“licences”) granted by the authority;
current or recently current applications to the authority for licences;
applications made to the authority under section 37 above for the modification of licences;
notices issued by the authority under section 37 above effecting the modification of licences;
notices issued by the authority under section 38 above effecting the revocation or suspension of licences or imposing requirements on the holders of licences;
appeals under section 43 above relating to decisions of the authority;
certificates of completion issued by the authority under section 39(9) above;
notices issued by the authority imposing requirements on the holders of licences under section 42(5) above;
convictions of the holders of licences granted by the authority for any offence under this Part (whether in relation to a licence so granted or not);
the occasions on which the authority has discharged any function under section 42 or 61 above;
directions given to the authority under any provision of this Part by the Secretary of State;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
such matters relating to the treatment, keeping or disposal of waste in the area of the authority or any pollution of the environment caused thereby as may be prescribed;
Where information of any description is excluded from any register by virtue of section 66 below, a statement shall be entered in the register indicating the existence of information of that description.
For the purposes of subsection (1) above licences are “recently” current for the period of twelve months after they cease to be in force and applications for licences are “recently” current if they relate to a licence which is current or recently current or, in the case of an application which is rejected, for the period of twelve months beginning with the date on which the waste regulation authority gives notice of rejection or, as the case may be, on which the application is deemed by section 36(9) above to have been rejected.
The Secretary of State may give to a waste regulation authority directions requiring the removal from any register of its of any specified information not prescribed for inclusion under subsection (1) above or which, by virtue of section 65 or 66 below, ought to be excluded from the register.
It shall be the duty of each waste collection authority in England or Wales. . . to maintain a register containing prescribed particulars of such information contained in any register maintained under subsection (1) above as relates to the treatment, keeping or disposal of controlled waste in the area of the authority.
The waste regulation authority in relation to England and Wales shall furnish any waste collection authorities in its area with the particulars necessary to enable them to discharge their duty under subsection (4) above.
Each waste regulation authority and waste collection authority (a)shall secure that any register maintained under this section is open to inspection . . . by members of the public free of charge at all reasonable hours and (b)shall afford to members of the public reasonable facilities for obtaining, on payment of reasonable charges, copies of entries in the register and, for the purposes of this subsection, places may be prescribed by the Secretary of State at which any such registers or facilities as are mentioned in paragraph (a) or (b) above are to be available or afforded to the public in pursuance of the paragraph in question.
Registers under this section may be kept in any form.
In this section “prescribed” means prescribed in regulations by the Secretary of State.
No information shall be included in a register maintained under section 64 above (a “register”) if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or information of that description, would be contrary to the interests of national security.
The Secretary of State may, for the purpose of securing the exclusion from registers of information to which subsection (1) above applies, give to the authorities maintaining registers directions— and no information referred to the Secretary of State in pursuance of paragraph (b) above shall be included in any such register until the Secretary of State determines that it should be so included.
specifying information, or descriptions of information, to be excluded from their registers; or
specifying descriptions of information to be referred to the Secretary of State for his determination;
An authority maintaining a register shall notify the Secretary of State of any information it excludes from the register in pursuance of directions under subsection (2) above.
A person may, as respects any information which appears to him to be information to which subsection (1) above may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so—
he shall notify the authority concerned that he has done so; and
no information so notified to the Secretary of State shall be included in the register kept by that authority until the Secretary of State has determined that it should be so included.
No information relating to the affairs of any individual or business shall be included in a register maintained under section 64 above (a “register”), without the consent of that individual or the person for the time being carrying on that business, if and so long as the information— but information is not commercially confidential for the purposes of this section unless it is determined under this section to be so by the authority maintaining the register or, on appeal, by the Secretary of State.
is, in relation to him, commercially confidential; and
is not required to be included in the register in pursuance of directions under subsection (7) below;
Where information is furnished to an authority maintaining a register for the purpose of— then, if the person furnishing it applies to the authority to have the information excluded from the register on the ground that it is commercially confidential (as regards himself or another person), the authority shall determine whether the information is or is not commercially confidential.
an application for, or for the modification of, a licence;
complying with any condition of a licence; or
complying with a notice under section 71(2) below;
A determination under subsection (2) above must be made within the period of fourteen days beginning with the date of the application and if the authority fails to make a determination within that period it shall be treated as having determined that the information is commercially confidential.
Where it appears to an authority maintaining a register that any information (other than information furnished in circumstances within subsection (2) above) which has been obtained by the authority under or by virtue of any provision of this Part might be commercially confidential, the authority shall—
give to the person to whom or whose business it relates notice that that information is required to be included in the register unless excluded under this section; and
give him a reasonable opportunity— and, if any representations are made, the authority shall, having taken the representations into account, determine whether the information is or is not commercially confidential.
of objecting to the inclusion of the information on the grounds that it is commercially confidential; and
of making representations to the authority for the purpose of justifying any such objection;
Where, under subsection (2) or (4) above, an authority determines that information is not commercially confidential— and, where an appeal is brought in respect of any information, the information shall not be entered in the register until the end of the period of seven days following the day on which the appeal is finally determined or withdrawn.
the information shall not be entered in the register until the end of the period of twenty-one days beginning with the date on which the determination is notified to the person concerned;
that person may appeal to the Secretary of State against the decision;
Subsections (2) and (8) of section 43 above shall apply in relation to appeals under subsection (5) above as they apply in relation to appeals under that section; but
subsection (2)(c) of that section shall have effect for the purposes of this subsection with the substitution for the words from “(which may” onwards of the words “(which must be held in private)”; and
subsection (5) above is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).
The Secretary of State may give to the authorities maintaining registers directions as to specified information, or descriptions of information, which the public interest requires to be included in the registers notwithstanding that the information may be commercially confidential.
Information excluded from a register shall be treated as ceasing to be commercially confidential for the purposes of this section at the expiry of the period of four years beginning with the date of the determination by virtue of which it was excluded; but the person who furnished it may apply to the authority for the information to remain excluded from the register on the ground that it is still commercially confidential and the authority shall determine whether or not that is the case.
Subsections (5) and (6) above shall apply in relation to a determination under subsection (8) above as they apply in relation to a determination under subsection (2) or (4) above.
The Secretary of State may, by order, substitute for the period for the time being specified in subsection (3) above such other period as he considers appropriate.
Information is, for the purposes of any determination under this section, commercially confidential, in relation to any individual or person, if its being contained in the register would prejudice to an unreasonable degree the commercial interests of that individual or person.
Each waste regulation authority shall, for each financial year of the authority, prepare and publish a report on the discharge by the authority of its functions under this Part or under any relevant instrument.
A report under subsection (1) above shall include information as respects—
the licences respectively applied for, granted, in force, modified, revoked, suspended, surrendered or transferred during the year and the appeals made against decisions taken in respect of them;
the exercise by the authority of its powers under sections 42, 54, 61 or 62 of this Act or any relevant instrument;
the implementation of the authority’s plan under section 50 above, with particular reference to recycling waste;
the number and description of prosecutions brought under this Part; and
the cost incurred, and the sums received, by the authority in discharging its functions under this Part.
Each waste regulation authority shall—
arrange for the report for any year under subsection (1) above to be published not later than the end of the period of six months following the end of the year to which the report relates; and
when it publishes it, send a copy of the report to the Secretary of State.
In subsections (1) and (2) above “relevant instrument” means any instrument under section 2(2) of the European Communities Act 1972 under which waste regulation authorities have functions.
The Secretary of State shall have the function of keeping under review the discharge by waste regulation authorities of their functions under this Part.
The Secretary of State may appoint as inspectors (under whatever title he may determine) such persons having suitable qualifications as he thinks necessary for assisting him in discharging his functions under this Part, and may terminate any appointment made under this subsection.
Any waste regulation authority having functions under this Part may appoint as inspectors (under whatever title the authority may determine) such persons having suitable qualifications as the authority thinks necessary for carrying this Part into effect in the authority’s area, and may terminate any appointment made under this subsection.
An inspector shall not be liable in any civil or criminal proceedings for anything done in the purported performance of his functions under section 69 or 70 below if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.
In the following provisions of this Part “inspector” means a person appointed as an inspector under subsection (2) or (3) above.
An inspector may, on production (if so required) of his authority, exercise any of the powers specified in subsection (3) below for the purpose of—
discharging any functions conferred or imposed by or under this Part on the Secretary of State or, as the case may be, a waste regulation authority or on the inspector;
determining whether, and if so in what manner, such a function should be discharged; or
determining whether any provision of this Part or of an instrument under it is being complied with.
Those powers are exercisable in relation to— and in this section “premises” means any such land or any such vessel.
land in or on which, or vessels in or by means of which, controlled waste is being or has been deposited, treated, kept or disposed of;
land in or on which, or vessels in or by means of which, controlled waste is (on reasonable grounds) believed to be being, or to have been, deposited, treated, kept or disposed of;
land which is or is (on reasonable grounds) believed to be affected by the deposit, treatment, keeping or disposal of controlled waste on other land;
The powers of an inspector referred to above are—
at any reasonable time (or, in a situation in which in his opinion there is an immediate risk of serious pollution of the environment or serious harm to human health, at any time) to enter premises which he has reason to believe it is necessary for him to enter;
on entering any premises by virtue of paragraph (a) above to take with him—
any person duly authorised by the Secretary of State or, as the case may be, the waste regulation authority and, if the inspector has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and
any equipment or materials required for any purpose for which the power of entry is being exercised;
to make such examination and investigation as may in any circumstances be necessary;
as regards any premises which he has power to enter, to direct that those premises or any part of them, or anything in them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (c) above;
to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (c) above;
to take samples of any articles or substances found on any premises which he has power to enter, and of the air, water or land in, on, or in the vicinity of, the premises;
in the case of any article or substance found in any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause pollution of the environment or harm to human health, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is necessary);
in the case of any such article or substance as is mentioned in paragraph (g) above, to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—
to examine it and do to it anything which he has power to do under that paragraph;
to ensure that it is not tampered with before his examination of it is completed;
to ensure that it is available for use as evidence in any proceedings under this Part;
to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (c) above to answer (in the absence of persons other than a person nominated to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;
to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which are required to be kept under this Part or it is necessary for him to see for the purposes of an examination or investigation under paragraph (c) above and to inspect, and takes copies of, or of any entry in, the records;
to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any of the powers conferred on him by this section.
The Secretary of State may by regulations make provision as to the procedure to be followed in connection with the taking of, and the dealing with, samples under subsection (3)(f) above.
Where an inspector proposes to exercise the power conferred by subsection (3)(g) above in the case of an article or substance found on any premises, he shall, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.
Before exercising the power conferred by subsection (3)(g) above in the case of any article or substance, an inspector shall consult such persons as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under the power.
Where under the power conferred by subsection (3)(h) above an inspector takes possession of any article or substance found on any premises, he shall leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that he has taken possession of it under that power; and before taking possession of any such substance under that power an inspector shall, if it is practical for him to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.
No answer given by a person in pursuance of a requirement imposed under subsection (3)(i) above shall be admissible in evidence in England and Wales against that person in any proceedings or in Scotland against that person in any criminal proceedings.
Any person who— shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
fails, without reasonable excuse, to comply with any requirement imposed under this section;
prevents any other person from appearing before or from answering any question to which an inspector may by virtue of subsection (3) above require an answer; or
intentionally obstructs an inspector in the exercise or performance of his powers or duties;
The powers conferred by subsection (3)(a), (c), (e) and (f) above shall also be exercisable by any person authorised for the purpose in writing by the Secretary of State.
Nothing in this section shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, in relation to Scotland, on an order for the production of documents in an action in the Court of Session.
Where, in the case of any article or substance found by him on any premises which he has power to enter, an inspector has reasonable cause to believe that, in the circumstances in which he finds it, the article or substance is a cause of imminent danger of serious pollution of the environment or serious harm to human health, he may seize it and cause it to be rendered harmless (whether by destruction or otherwise).
Before there is rendered harmless under this section— the inspector shall, if it is practicable for him to do so, take a sample of it and give to a responsible person at the premises where the article or substance was found by him a portion of the sample marked in a manner sufficient to identify it.
any article that forms part of a batch of similar articles; or
any substance,
As soon as may be after any article or substance has been seized and rendered harmless under this section, the inspector shall prepare and sign a written report giving particulars of the circumstances in which the article or substance was seized and so dealt with by him, and shall— and if, where paragraph (b) above applies, the inspector cannot after reasonable inquiry ascertain the name or address of the owner, the copy may be served on him by giving it to the person to whom a copy was given under paragraph (a) above.
give a signed copy of the report to a responsible person at the premises where the article or substance was found by him; and
unless that person is the owner of the article or substance, also serve a signed copy of the report on the owner;
Any person who intentionally obstructs an inspector in the exercise of his powers under this section shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
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For the purpose of the discharge of their respective functions under this Part— may, by notice in writing served on him, require any person to furnish such information specified in the notice as the Secretary of State or the authority, as the case may be, reasonably considers he or it needs, in such form and within such period following service of the notice , or at such time, as is so specified.
the Secretary of State, and
a waste regulation authority,
A waste collection authority has the power referred to in subsection (2) for the purpose of the discharge of its functions under sections 34B and 34C above.
The Secretary of State may, by notice in writing, require a waste regulation authority or waste collection authority in England and Wales to supply to him, or to such other person as may be specified in the notice, such information as may be so specified in respect of—
cases where the authority has exercised any powers under section 59 , 59ZA, 59ZB or 59ZC above, and
cases where the authority has taken action under any other enactment in respect of any deposit or other disposal of controlled waste in contravention of section 33(1) above.
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If the Secretary of State is satisfied that a waste regulation authority has failed, in any respect, to discharge any function under this Part which it ought to have discharged, he may make an order declaring the authority to be in default.
The failure to discharge any such function may be a failure in a class of case to which the function relates or a failure in a particular case.
An order made under subsection (1) above which declares an authority to be in default may, for the purpose of remedying the default, direct the authority (“the defaulting authority”) to perform any function specified in the order (whether in relation to a class of case or a particular case) and may specify the manner in which and the time or times within which the function is to be performed by the authority.
If the defaulting authority fails to comply with any direction contained in such an order the Secretary of State may, instead of enforcing the order by mandamus, make an order transferring to himself any function of the authority specified in the order, whether in relation to all the classes of case to which the function relates or to such of those classes or, as the case may be, such particular case as is specified in the order.
Where any function of a defaulting authority is transferred under subsection (4) above, the amount of any expenses which the Secretary of State certifies were incurred by him in performing the function shall on demand be paid to him by the defaulting authority.
Any expenses required to be paid by a defaulting authority under subsection (5) above shall be defrayed by the authority in like manner, and shall be debited to the like account, as if the functions had not been transferred and the expenses had been incurred by the authority in performing them.
The Secretary of State may by order vary or revoke any order previously made by him under this section.
An order transferring any functions of a defaulting authority may provide for the transfer to the Secretary of State of such of the property, rights, liabilities and obligations of the authority as he considers appropriate; and where such an order is revoked the Secretary of State may, by the revoking order or a subsequent order, make such provision as he considers appropriate with respect to the property, rights, liabilities and obligations held by him for the purposes of the transferred function.
Any order under this section may include such incidental, supplemental and transitional provisions as the Secretary of State considers appropriate.
This section shall not apply to Scotland.
The Scottish Ministers may require a relevant authority to provide them with such information as Ministers may specify about—
cases where the authority has exercised any of its functions under section 59, and
cases where the authority has exercised any of its functions in respect of any contravention of section 33(1)(a) or (c).
In requiring information under subsection (1), the Scottish Ministers may specify—
the period to which the information is to relate, and
the date by which the relevant authority is to provide the information.
The information required by Ministers under subsection (1) may include, in particular—
the number of contraventions of section 33(1)(a) or (c) reported to the relevant authority,
the location of contraventions of section 33(1)(a) or (c) reported to the authority,
what action (if any) has been taken by the authority in response to the reported contraventions,
the number of fixed penalty notices issued by the authority under section 33A in response to the reported contraventions,
the number of fixed penalties paid in response to such notices, and
the number of reports made by the authority of offences under section 33(1)(a) or (c).
The Scottish Ministers may not exercise their power under subsection (1) in relation to a particular relevant authority more than once in any period of 12 months.
In this section, “relevant authority” means—
in relation to functions under section 59, a waste collection authority,
in relation to functions in respect of contraventions of section 33(1)(a) or (c)—
a local authority,
Loch Lomond and The Trossachs National Park Authority, or
a person specified by order made by the Scottish Ministers under section 33A(13).
It shall be the duty of a local authority to—
prepare an integrated waste management plan; and
submit it to the Scottish Ministers for approval.
An integrated waste management plan is a plan which—
sets out, by reference to policies contained in national waste management plan , how the local authority intends to carry out its functions as waste disposal authority and waste collection authority (its “waste management functions”); and
without prejudice to the generality of paragraph (a) above, contains statements on such matters relating to the carrying out of those functions as the Scottish Ministers may specify in directions.
Directions under subsection (2)(b) above may, in particular, require integrated waste management plans to include statements setting out—
levels of performance (“performance targets”) which the local authority shall, in performing its waste management functions, endeavour to meet;
steps which the local authority proposes to take in endeavouring to meet performance targets;
arrangements which the local authority proposes to enter into with one or more other local authorities for the purpose of securing co-operation, in the carrying out of their respective waste management functions, between the local authorities.
Integrated waste management plans shall— as the Scottish Ministers may direct.
be prepared, and submitted, under subsection (1) above by such date; and
relate to such period of time,
A local authority shall, in preparing its integrated waste management plan, have regard to such matters as the Scottish Ministers may direct.
In this section, and in sections 44ZB to 44ZD below—
The Scottish Ministers shall—
approve an integrated waste management plan submitted to them under section 44ZA(1)(b) above without modification;
approve the plan with such modifications as they consider appropriate; or
refuse to approve the plan.
If the Scottish Ministers refuse to approve a plan which has been so submitted they shall—
notify the local authority in writing of that fact; and
require the local authority to prepare and submit, by such date as the Scottish Ministers may specify, a further integrated waste management plan.
The Scottish Ministers shall—
approve an integrated waste management plan submitted to them under subsection (2)(b) above without modification; or
approve the plan with such modifications as they consider appropriate.
The Scottish Ministers shall—
give written notice of their approval, under subsection (1) or (3) above, of an integrated waste management plan to the local authority; and
if they have modified the plan, send a copy of the plan as modified to the local authority.
The local authority shall, on receipt of notice given under subsection (4)(a) above—
give public notice of the approved integrated waste management plan; and
send a copy of it to SEPA.
It shall be the duty of a local authority to make arrangements for allowing any person to—
inspect its approved integrated waste management plan at its principal offices at any reasonable time;
obtain a copy of it, or any part of it, on payment of such reasonable fee (if any) as the local authority may determine.
It shall be the duty of a local authority—
to endeavour to carry out its waste management functions in accordance with its approved integrated waste management plan; and
if requested by the Scottish Ministers, to provide the Scottish Ministers, by the date specified in their request, with a statement setting out whether the local authority is so carrying out its waste management functions.
A statement provided under subsection (1)(b) above shall contain such information as the Scottish Ministers may direct.
Directions under subsection (2) above may, in particular, require a local authority to—
advise whether it has met, or is likely to meet, any performance targets set out in the plan; and
if it has not done so, or is not likely to do so, explain why it considers the performance targets have not been, or are not likely to be, met.
A local authority— modify its integrated waste management plan and submit it, as modified, to the Scottish Ministers for approval.
may, from time to time; and
shall, if requested by the Scottish Ministers,
Sections 44ZA to 44ZC apply in relation to a plan which is modified as they apply in relation to a plan prepared and submitted under section 44ZA(1) above.
An appeal against any decision of a magistrates’ court under this Part (other than a decision made in criminal proceedings) shall lie to the Crown Court at the instance of any party to the proceedings in which the decision was given if such an appeal does not lie to the Crown Court by virtue of any other enactment.
In Scotland an appeal against any decision of the sheriff under this Part (other than a decision made in criminal proceedings) shall lie to the Court of Session at the instance of any party to the proceedings in which the decision was given if such an appeal does not lie to the Court of Session by virtue of any other enactment.
Where a person appeals to the Crown Court or the Court of Session against a decision of a magistrates’ court or the sheriff dismissing an appeal against any requirement imposed under this Part which was suspended pending determination of that appeal, the requirement shall again be suspended pending the determination of the appeal to the Crown Court or Court of Session.
Where an appeal against a decision of any authority lies to a magistrates’ court or to the sheriff by virtue of any provision of this Part, it shall be the duty of the authority to include in any document by which it notifies the decision to the person concerned a statement indicating that such an appeal lies and specifying the time within which it must be brought.
Where on an appeal to any court against or arising out of a decision of any authority under this Part the court varies or reverses the decision it shall be the duty of the authority to act in accordance with the court’s decision.
Where any damage is caused by waste which has been deposited in or on land, any person who deposited it, or knowingly caused or knowingly permitted it to be deposited, in either case so as to commit an offence under section 33(1) or 63(2) above, is liable for the damage except where the damage— but without prejudice to any liability arising otherwise than under this subsection.
was due wholly to the fault of the person who suffered it; or
was suffered by a person who voluntarily accepted the risk of the damage being caused;
The matters which may be proved by way of defence under section 33(7) above may be proved also by way of defence to an action brought under subsection (6) above.
In subsection (6) above—
“registered keeper”, in relation to a registered vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994,
For the purposes of the following enactments— and for the purposes of any action of damages in Scotland arising out of the death of, or personal injury to, any person, any damage for which a person is liable under subsection (6) above shall be treated as due to his fault.
the Fatal Accidents Act 1976;
the Law Reform (Contributory Negligence) Act 1945; and
the Limitation Act 1980;
In subsection (2) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
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The following provisions apply for the purposes of the discharge by a waste regulation authority of any function under this Part which requires the authority to determine whether a person is or is not a fit and proper person to hold a waste management licence.
Whether a person is or is not a fit and proper person to hold a licence is to be determined by reference to the carrying on by him of the activities which are or are to be authorised by the licence and the fulfilment of the requirements of the licence.
Subject to subsection (4) below, a person shall be treated as not being a fit and proper person if it appears to the authority—
that he or another relevant person has been convicted of a relevant offence;
that the management of the activities which are or are to be authorised by the licence are not or will not be in the hands of a technically competent person; or
that the person who holds or is to hold the licence has not made and either has no intention of making or is in no position to make financial provision adequate to discharge the obligations arising from the licence.
The authority may, if it considers it proper to do so in any particular case, treat a person as a fit and proper person notwithstanding that subsection (3)(a) above applies in his case.
It shall be the duty of waste regulation authorities to have regard to any guidance issued to them by the Secretary of State with respect to the discharge of their functions of making the determinations to which this section applies.
The Secretary of State may, by regulations, prescribe the offences that are relevant for the purposes of subsection (3)(a) above and the qualifications and experience required of a person for the purposes of subsection (3)(b) above.
For the purposes of subsection (3)(a) above, another relevant person shall be treated, in relation to the licence holder or proposed licence holder, as the case may be, as having been convicted of a relevant offence if—
any person has been convicted of a relevant offence committed by him in the course of his employment by the holder or, as the case may be, the proposed holder of the licence or in the course of the carrying on of any business by a partnership one of the members of which was the holder or, as the case may be, the proposed holder of the licence;
a body corporate has been convicted of a relevant offence committed when the holder or, as the case may be, the proposed holder of the licence was a director, manager, secretary or other similar officer of that body corporate; or
where the holder or, as the case may be, the proposed holder of the licence is a body corporate, a person who is a director, manager, secretary or other similar officer of that body corporate—
has been convicted of a relevant offence; or
was a director, manager, secretary or other similar officer of another body corporate at a time when a relevant offence for which that other body corporate has been convicted was committed.
The Environment Agency must pay amounts received by it under section 34ZA or 34A to the Secretary of State.
A waste collection authority may use its fixed penalty receipts under section 33ZA or 34ZA only for the purposes of—
the employment or engagement of its authorised officers, as defined in section 33ZA(12) or 34ZA(12), or any of the functions of those officers,
its functions relating to offences under—
section 33(6), to the extent that it relates to a contravention of section 33(1)(a) (deposit of controlled waste),
section 33ZA(7) (failure to give name or address in response to request from an authorised officer proposing to issue a fixed penalty notice),
section 34(6), to the extent that it relates to a contravention of section 34(2A) (duty to secure that transfer of household waste is only to an authorised person), or
section 34ZA(14) (failure to give name or address in response to request from an authorised officer proposing to issue a fixed penalty notice),
its functions relating to the collection and disposal of controlled waste deposited in contravention of section 33(1)(a),
its functions relating to the restoration of land following the deposit of controlled waste in contravention of section 33(1)(a), and
such other of its functions as may be specified in regulations made by the Secretary of State.
A waste collection authority may use its fixed penalty receipts under section 34A, 46A or 47ZA only for the purposes of—
its functions under this Part (including functions relating to offences under this Part), and
such other of its functions as may be specified in regulations made by the Secretary of State.
Regulations under subsection (3)(b) may (in particular) have the effect that a waste collection authority may use its fixed penalty receipts under section 34A, 46A or 47ZA for the purposes of any of its functions.
A waste collection authority must supply the Secretary of State with such information relating to its use of its fixed penalty receipts as the Secretary of State may require.
The Secretary of State may by regulations make provision—
about what a waste collection authority must do with its fixed penalty receipts pending the use of those receipts for the purposes referred to in subsection (2) or (3);
about the period within which a waste collection authority must use those fixed penalty receipts for those purposes;
about what a waste collection authority must do with those fixed penalty receipts that are not used for those purposes within that period;
for accounting arrangements in respect of a waste collection authority’s fixed penalty receipts.
The provision that may be made under subsection (6)(c) includes (in particular) provision for the payment of sums to a person (including the Secretary of State) other than the waste collection authority.
Before making regulations under this section, the Secretary of State must consult—
the waste collection authorities to which the regulations are to apply;
such other persons as the Secretary of State thinks fit.
Regulations under this section may make different provision for different purposes (including different provision in relation to different waste collection authorities or different descriptions of authority).
In this section—
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The Natural Resources Body for Wales must pay amounts received by it under section 34ZB or 34A above to the Welsh Ministers.
A waste collection authority may use amounts received by it under section ... 33ZB, ... 34ZB, 34A... or 47ZA above (its “fixed penalty receipts”) only for the purposes of—
its functions under this Part (including functions relating to the enforcement of offences under this Part); and
such other of its functions as may be specified in regulations made by the Welsh Ministers.
Regulations under subsection (2)(b) above may (in particular) have the effect that a waste collection authority may use its fixed penalty receipts for the purposes of any of its functions.
A waste collection authority must supply the Welsh Ministers with such information relating to its use of its fixed penalty receipts as the Welsh Ministers may require.
The Welsh Ministers may by regulations—
make provision for what a waste collection authority is to do with its fixed penalty receipts—
pending their being used for the purposes of functions of the authority referred to in subsection (2) above;
if they are not so used before such time after their receipt as may be specified by the regulations;
make provision for accounting arrangements in respect of a waste collection authority's fixed penalty receipts.
The provision that may be made under subsection (5)(a)(ii) above includes (in particular) provision for the payment of sums to a person (including the Welsh Ministers) other than the waste collection authority.
Before making regulations under this section, the Welsh Ministers must consult—
the waste collection authorities to which the regulations are to apply;
such other persons as the Welsh Ministers think fit.
Regulations under this section may make different provision for different purposes (including different provision in relation to different authorities or different descriptions of authority).
The powers to make regulations conferred by this section are, for the purposes of subsection (1) of section 100 of the Local Government Act 2003, to be regarded as included among the powers mentioned in subsection (2) of that section.
In this section, “waste collection authority” means a waste collection authority in Wales.
The following provisions apply for the interpretation of this Part.
“Waste” means anything that is waste within the meaning of Article 3(1) of the Waste Framework Directive .
any substance which constitutes a scrap material or an effluent or other unwanted surplus substance arising from the application of any process; and
any substance or article which requires to be disposed of as being broken, worn out, contaminated or otherwise spoiled;
“Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851 , and read in accordance with section 75A.
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“Controlled waste” means household, industrial and commercial waste or any such waste.
Subject to subsection (8) below, “household waste” means waste from—
domestic property, that is to say, a building or self-contained part of a building which is used wholly for the purposes of living accommodation;
a caravan (as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960) which usually and for the time being is situated on a caravan site (within the meaning of that Act);
a residential home;
premises forming part of a university or school or other educational establishment;
premises forming part of a hospital or nursing home.
Subject to subsection (8) below, “industrial waste” means waste from any of the following premises—
any factory (within the meaning of the Factories Act 1961);
any premises used for the purposes of, or in connection with, the provision to the public of transport services by land, water or air;
any premises used for the purposes of, or in connection with, the supply to the public of gas, water or electricity or the provision of sewerage services; . . .
any premises used for the purposes of, or in connection with, the provision to the public of postal or telecommunications services; or
any mine or quarry or any premises used for agriculture within the meaning of the Agriculture Act 1947
Subject to subsection (8) below, “commercial waste” means waste from premises used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding—
household waste;
industrial waste; and
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waste of any other description prescribed by regulations made by the Secretary of State for the purposes of this paragraph.
Regulations made by the Secretary of State may provide that waste of a description prescribed in the regulations shall be treated for the purposes of provisions of this Part prescribed in the regulations as being or not being household waste or industrial waste or commercial waste; . . . and references to waste in subsection (7) above and this subsection do not include sewage (including matter in or from a privy) except so far as the regulations provide otherwise.
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In the application of this Part to England, “hazardous waste” means—
any waste identified as hazardous waste in—
the waste list as it applies in relation to England, or
regulations made by the Secretary of State under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), and
any other waste that is treated as hazardous waste for the purposes of—
regulations made by the Secretary of State under section 62ZA, or
the Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894).
In the application of this Part to Wales, “hazardous waste” means—
any waste identified as hazardous waste in—
the waste list as it applies in relation to Wales, or
regulations made by the Welsh Ministers under regulation 3 of the Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), and
any other waste that is treated as hazardous waste for the purposes of—
regulations made by the Welsh Ministers under section 62ZA, or
the Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806 (W.138)).
In subsections (8A) and (8B) “the waste list” means the list of waste contained in the Annex to Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (2000/532/EC).
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Subject to the provisions of any order under this section, this Part shall not apply in relation to the Isles of Scilly.
The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Part to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order.
An order under this section may—
make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.
This section has effect for the purposes of the transition from the provisions of Part I of the Control of Pollution Act 1974 (“the 1974 Act”) to the corresponding provisions of this Part of this Act and in this section—
“local authority”, in relation to England . . ., means a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly in relation to Wales, means a county council or a county borough council and, in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“prescribed” means prescribed in regulations made by the Secretary of State; and
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in the case of an authority which transfers the relevant part of its undertaking in accordance with a scheme under Schedule 2 to this Act, the date which is the vesting date for that authority; and
in any other case, the date on which the authority transfers, or ceases itself to carry on, the relevant part of its undertaking or ceases to provide places at which and plant and equipment by means of which controlled waste can be disposed of or deposited for the purposes of disposal.
Any existing disposal plan of an existing disposal authority shall, on and after the relevant appointed day for plans, be treated as the plan of that authority under section 50 above and that section shall accordingly have effect as if references in it to “the plan” included the existing disposal plan of that authority.
Subsection (4) above applies to Scotland and, for the purposes of that application, “existing disposal authority” means any authority constituted as a disposal authority for any area before the day appointed for this section to come into force and “that authority” means the waste disposal authority for that area under section 30(2) above.
Subject to subsection (7) below, as respects any existing disposal authority—
the restriction imposed by section 51(1) of this Act on the means whereby the authority arranges for the disposal of controlled waste shall not apply to the authority—
in the case of an authority which transfers the relevant part of its undertaking in accordance with a scheme under Schedule 2 to this Act, until the date which is the vesting date for that authority; and
in any other case, until the date on which the authority transfers, or ceases itself to carry on, the relevant part of its undertaking or ceases to provide places at which and plant and equipment by means of which controlled waste can be disposed of or deposited for the purposes of disposal; and
on and after that date, section 14(4) of the 1974 Act shall not authorise the authority to arrange for the disposal of controlled waste except by means of arrangements made (in accordance with Part II of Schedule 2 to this Act) with waste disposal contractors.
The Secretary of State may, as respects any existing disposal authority, direct that the restriction imposed by section 51(1) above shall not apply in the case of that authority until such date as he specifies in the direction and where he does so paragraph (a) of subsection (6) above shall not apply and paragraph (b) shall be read as referring to the date so specified.
In section 14(4) of the 1974 Act, after the words “this subsection”, there shall be inserted the words “but subject to subsection (6) of section 77 of the Environmental Protection Act 1990 as respects any time after the date applicable to the authority under paragraph (a) or (b) of that subsection”.
As respects any existing disposal authority, until the date which is, under subsection (6)(a) above, the date until which the restriction imposed by section 51(1) of this Act is disapplied,—
the powers conferred on a waste disposal authority by section 55(2)(a) and (b) of this Act as respects the recycling of waste and the use of waste to produce heat or electricity shall be treated as powers which the authority may exercise itself; and
the power conferred on a waste disposal authority by section 48(4) of this Act to object to a waste collection authority having waste recycled where the disposal authority has made arrangements with a waste disposal contractor for the contractor to recycle the waste shall be available to the waste disposal authority where it itself has the waste recycled.
Except as provided by regulations made by the Secretary of State under this section, nothing in this Part applies to radioactive waste within the meaning of the Schedule 23 to the Environmental Permitting Regulations (radioactive substances activities); but regulations may—
provide for prescribed provisions of this Part to have effect with such modifications as the Secretary of State considers appropriate for the purposes of dealing with such radioactive waste;
make such modifications of the Environmental Permitting Regulations in relation to such radioactive waste, and any Act or other enactment, as the Secretary of State considers appropriate.
The following provisions apply for the interpretation of this Part.
“Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851 , and read in accordance with section 75A.
“Waste” means—
anything that is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6, and which is not excluded from the scope of that Directive by Article 2(1), (2) or (3);
radioactive waste, as defined in paragraph 5 of schedule 8 of the Environmental Authorisations (Scotland) Regulations 2018, the disposal of which falls within one of the activities specified in column 1 of Part 1 of schedule 9 of those Regulations and can be carried on in accordance with the rules specified for that activity;
where land is undergoing on-site remediation of contamination, that land including unexcavated contaminated soil and any contaminated buildings permanently connected with that land.
“Broker” means any undertaking arranging the recovery or disposal of waste on behalf of others, whether or not such arrangements involve the broker taking physical possession of the waste; and “dealer” means any undertaking which acts in the role of principal to purchase and subsequently sell waste, whether or not this involves the dealer taking physical possession of the waste.
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“Controlled waste” means household, industrial and commercial waste or any such waste.
Subject to subsection (8) below, “household waste” means waste from—
domestic property, that is to say, a building or self-contained part of a building which is used wholly for the purposes of living accommodation;
a caravan (as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960) which usually and for the time being is situated on a caravan site (within the meaning of that Act);
a residential home;
premises forming part of a university or school or other educational establishment;
premises forming part of a hospital or which are used to provide a care home service (as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8)).
Subject to subsection (8) below, “industrial waste” means waste from any of the following premises—
any factory (within the meaning of the Factories Act 1961);
any premises used for the purposes of, or in connection with, the provision to the public of transport services by land, water or air;
any premises used for the purposes of, or in connection with, the supply to the public of gas, water or electricity or the provision of sewerage services; . . .
any premises used for the purposes of, or in connection with, the provision to the public of postal or telecommunications services ; or
any mine or quarry.
Subject to subsection (8) below, “commercial waste” means waste from premises (including premises used for agriculture within the meaning of the Agriculture (Scotland) Act 1948) used wholly or mainly for the purposes of a trade or business or the purposes of sport, recreation or entertainment excluding—
household waste;
industrial waste; and
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waste of any other description prescribed by regulations made by the Secretary of State for the purposes of this paragraph.
“Dry recyclable waste” means controlled waste that is— and dry recyclable waste of the same type (such as glass) is referred to as a “dry waste stream”.
glass;
metals;
plastics;
paper; or
card (including cardboard),
“Food waste” means controlled waste that was at any time food intended for human consumption (even if of no nutritional value), and includes biodegradable waste produced as consequence of the processing or preparation of food, but does not include drink.
Regulations made by the Secretary of State may provide that waste of a description prescribed in the regulations shall be treated for the purposes of provisions of this Part prescribed in the regulations as being or not being household waste or industrial waste or commercial waste; . . . and references to waste in subsection (7) above and this subsection do not include sewage (including matter in or from a privy) except so far as the regulations provide otherwise.
“Special waste” means controlled waste as respects which regulations are in force under section 62 above.
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For the purposes of this Part, the Waste Framework Directive is to be read in accordance with this section.
A reference to one or more member States in a provision of the Waste Framework Directive imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority, waste regulation authority or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of England, Wales or Scotland.
Article 2 is to be read as if—
in paragraph 2—
in the words before point (a), for “other Community legislation” there were substituted “assimilated law”;
in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;
in point (d), as it extends to England and Wales, for the words from “Directive 2006/21/EC” to the end there were substituted “ the Mining Waste Directive ”;
for point (d), as it extends to Scotland, there were substituted—;
in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;
paragraph 4 were omitted.
Article 5 is to be read as if—
in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;
after paragraph 1 there were inserted—;
paragraphs 2 and 3 were omitted.
Article 6 is to be read as if—
in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;
after paragraph 1 there were inserted—;
in paragraph 2—
the first subparagraph were omitted;
in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;
the third and fourth subparagraphs were omitted;
paragraph 3 were omitted;
in paragraph 4—
in the first subparagraph—
in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the waste regulation authority”;
the second sentence were omitted;
in the second subparagraph—
for “Member States” there were substituted “The waste regulation authority”;
“by competent authorities” were omitted.
Article 7 is to be read as if—
before paragraph 1 there were inserted—;
in paragraph 1—
the first and second sentences were omitted;
for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;
paragraphs 2, 3, 6 and 7 were omitted.
Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.
In this section—
Except as provided by regulations made by the Secretary of State under this section, nothing in this Part applies to radioactive waste within the meaning of the Radioactive Substances Act 1993; but regulations may—
provide for prescribed provisions of this Part to have effect with such modifications as the Secretary of State considers appropriate for the purposes of dealing with such radioactive waste;
make such modifications of the Radioactive Substances Act 1993 and any other Act as the Secretary of State considers appropriate.
A waste collection authority whose area is in England may make a waste reduction scheme in accordance with Schedule 2AA to this Act.
A relevant authority may do, or arrange for the doing of, or contribute towards the expenses of the doing of, anything which in its opinion is necessary or expedient for the purpose of minimising the quantities of controlled waste, or controlled waste of any description, generated in its area.
Where a relevant authority in England (“the first authority”) proposes to exercise any of its powers under subsection (1), it shall before doing so consult about the proposal every other relevant authority whose area includes all or part of the area of the first authority.
In this section “relevant authority” means a waste collection authority or a waste disposal authority.
Subject to subsections (1A) to (6A) below, the following matters constitute “statutory nuisances” for the purposes of this Part, that is to say— and it shall be the duty of every local authority to cause its area to be inspected from time to time to detect any statutory nuisances which ought to be dealt with under section 80 below or sections 80 and 80A below and, where a complaint of a statutory nuisance is made to it by a person living within its area, to take such steps as are reasonably practicable to investigate the complaint.
any premises in such a state as to be prejudicial to health or a nuisance;
smoke emitted from premises so as to be prejudicial to health or a nuisance;
fumes or gases emitted from premises so as to be prejudicial to health or a nuisance;
any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance;
any accumulation or deposit which is prejudicial to health or a nuisance;
any animal kept in such a place or manner as to be prejudicial to health or a nuisance;
noise emitted from premises so as to be prejudicial to health or a nuisance;
any insects emanating from relevant industrial, trade or business premises and being prejudicial to health or a nuisance;
artificial light emitted from premises so as to be prejudicial to health or a nuisance;
any other matter declared by any enactment to be a statutory nuisance;
noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street or in Scotland, road;
Subsection (1)(b) , (fb) and (g) above do not apply in relation to premises— and “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952.
occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or
occupied by or for the purposes of a visiting force;
No matter shall constitute a statutory nuisance to the extent that it consists of, or is caused by, any land being in a contaminated state.
Land is in a “contaminated state” for the purposes of subsection (1A) above if, and only if, it is in such a condition, by reason of substances in, on or under the land, that— and in this subsection “harm”, “pollution of controlled waters” and “substance” have the same meaning as in Part IIA of this Act.
harm is being caused or there is a possibility of harm being caused; or
pollution of controlled waters is being, or is likely to be, caused;
Subsection (1)(b) above does not apply to—
smoke emitted from a chimney of a private dwelling within a smoke control area in Wales,
dark smoke emitted from a chimney of a building or a chimney serving the furnace of a boiler or industrial plant attached to a building or for the time being fixed to or installed on any land,
smoke emitted from a railway locomotive steam engine, or
dark smoke emitted otherwise than as mentioned above from industrial or trade premises.
Subsection (1)(c) above does not apply in relation to premises other than private dwellings.
Subsection (1)(d) above does not apply to steam emitted from a railway locomotive engine.
Subsection (1)(g) above does not apply to noise caused by aircraft other than model aircraft.
In this Part— and any expressions used in this section and in the Clean Air Act 1993 have the same meaning in this section as in that Act and section 3 of the Clean Air Act 1993 shall apply for the interpretation of the expression “dark smoke” and the operation of this Part in relation to it.
“related right”, in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation.
Where, by an order under section 2 of the Public Health (Control of Disease) Act 1984, a port health authority has been constituted for any port health district, or in Scotland where by an order under section 172 of the Public Health (Scotland) Act 1897 a port local authority or a joint port local authority has been constituted for the whole or part of a port, the port health authority , port local authority or joint port local authority, as the case may be shall have by virtue of this subsection, as respects its district, the functions conferred or imposed by this Part in relation to statutory nuisances other than a nuisance falling within paragraph (fb),(g) or (ga) of subsection (1) above and no such order shall be made assigning those functions; and “local authority” and “area” shall be construed accordingly.
Subsection (1)(fa) does not apply to insects that are wild animals included in Schedule 5 to the Wildlife and Countryside Act 1981 (animals which are protected), unless they are included in respect of section 9(5) of that Act only.
Subsection (1)(fb) does not apply to artificial light emitted from—
an airport;
harbour premises;
railway premises, not being relevant separate railway premises;
tramway premises;
a bus station and any associated facilities;
a public service vehicle operating centre;
a goods vehicle operating centre;
a lighthouse;
a prison.
In this Part “best practicable means” is to be interpreted by reference to the following provisions— and, in circumstances where a code of practice under section 71 of the Control of Pollution Act 1974 (noise minimisation) is applicable, regard shall also be had to guidance given in it.
“practicable” means reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications;
the means to be employed include the design, installation, maintenance and manner and periods of operation of plant and machinery, and the design, construction and maintenance of buildings and structures;
the test is to apply only so far as compatible with any duty imposed by law;
the test is to apply only so far as compatible with safety and safe working conditions, and with the exigencies of any emergency or unforeseeable circumstances;
A local authority shall not without the consent of the Secretary of State institute summary proceedings under this Part in respect of a nuisance falling within paragraph (b), (d) , (e) , (fb) or (g)and, in relation to Scotland, paragraph (ga), of subsection (1) above if proceedings in respect thereof might be instituted under Part I of the Alkali &c. Works Regulation Act 1906 or section 5 of the Health and Safety at Work etc. Act 1974.or under regulations under section 2 of the Pollution Prevention and Control Act 1999.
The area of a local authority which includes part of the seashore shall also include for the purposes of this Part the territorial sea lying seawards from that part of the shore; and subject to subsection (12) and , in relation to England and Wales, section 81A(9) below, this Part shall have effect, in relation to any area included in the area of a local authority by virtue of this subsection—
as if references to premises and the occupier of premises included respectively a vessel and the master of a vessel; and
with such other modifications, if any, as are prescribed in regulations made by the Secretary of State.
Subsection (1)(ga) above does not apply to noise made—
by traffic,
by any naval, military or air force of the Crown or by a visiting force (as defined in subsection (2) above), or
by a political demonstration or a demonstration supporting or opposing a cause or campaign.
A vessel powered by steam reciprocating machinery is not a vessel to which this Part of this Act applies.
Railway premises are relevant separate railway premises if—
they are situated within—
premises used as a museum or other place of cultural, scientific or historical interest, or
premises used for the purposes of a funfair or other entertainment, recreation or amusement, and
they are not associated with any other railway premises.
For the purposes of subsection (7A)— In this subsection “light maintenance depot”, “network”, “railway services”, “station” and “track” have the same meaning as in Part 1 of the Railways Act 1993.
a network situated as described in subsection (7A)(a) is associated with other railway premises if it is connected to another network (not being a network situated as described in subsection (7A)(a));
track that is situated as described in subsection (7A)(a) but is not part of a network is associated with other railway premises if it is connected to track that forms part of a network (not being a network situated as described in subsection (7A)(a));
a station or light maintenance depot situated as described in subsection (7A)(a) is associated with other railway premises if it is used in connection with the provision of railway services other than services provided wholly within the premises where it is situated.
In this Part “relevant industrial, trade or business premises” means premises that are industrial, trade or business premises as defined in subsection (7), but excluding— and excluding land covered by, and the waters of, any river or watercourse, that is neither a sewer nor a drain, or any lake or pond.
land used as arable, grazing, meadow or pasture land,
land used as osier land, reed beds or woodland,
land used for market gardens, nursery grounds or orchards,
land forming part of an agricultural unit, not being land falling within any of paragraphs (a) to (c), where the land is of a description prescribed by regulations made by the appropriate person, and
land included in a site of special scientific interest (as defined in section 52(1) of the Wildlife and Countryside Act 1981),
For the purposes of subsection (7C)—
Subject to subsection (2A) where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, in the area of the authority, the local authority shall serve a notice (“an abatement notice”) imposing all or any of the following requirements— and the notice shall specify the time or times within which the requirements of the notice are to be complied with.
requiring the abatement of the nuisance or prohibiting or restricting its occurrence or recurrence;
requiring the execution of such works, and the taking of such other steps, as may be necessary for any of those purposes,
Subject to section 80A(1) below, the abatement notice shall be served—
except in a case falling within paragraph (b) or (c) below, on the person responsible for the nuisance;
where the nuisance arises from any defect of a structural character, on the owner of the premises;
where the person responsible for the nuisance cannot be found or the nuisance has not yet occurred, on the owner or occupier of the premises.
A person served with an abatement notice may appeal against the notice to a magistrates’ court or in Scotland, the sheriff within the period of twenty-one days beginning with the date on which he was served with the notice.
Where a local authority is satisfied that a statutory nuisance falling within paragraph (g) of section 79(1) above exists, or is likely to occur or recur, in the area of the authority, the authority shall—
serve an abatement notice in respect of the nuisance in accordance with subsections (1) and (2) above; or
take such other steps as it thinks appropriate for the purpose of persuading the appropriate person to abate the nuisance or prohibit or restrict its occurrence or recurrence.
If a local authority has taken steps under subsection (2A)(b) above and either of the conditions in subsection (2C) below is satisfied, the authority shall serve an abatement notice in respect of the nuisance.
If a person on whom an abatement notice is served, without reasonable excuse, contravenes or fails to comply with any requirement or prohibition imposed by the notice, he shall be guilty of an offence.
Except in a case falling within subsection (6) below, a person who commits an offence under subsection (4) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale together with a further fine of an amount equal to one-tenth of the greater of £5,000 or level 4 on the standard scale for each day on which the offence continues after the conviction.
The conditions are—
that the authority is satisfied at any time before the end of the relevant period that the steps taken will not be successful in persuading the appropriate person to abate the nuisance or prohibit or restrict its occurrence or recurrence;
that the authority is satisfied at the end of the relevant period that the nuisance continues to exist, or continues to be likely to occur or recur, in the area of the authority.
The relevant period is the period of seven days starting with the day on which the authority was first satisfied that the nuisance existed, or was likely to occur or recur.
A person who commits an offence under subsection (4) above on industrial, trade or business premises shall be liable on summary conviction to a fine.
Subject to subsection (8) below, in any proceedings for an offence under subsection (4) above in respect of a statutory nuisance it shall be a defence to prove that the best practicable means were used to prevent, or to counteract the effects of, the nuisance.
The appropriate person is the person on whom the authority would otherwise be required under subsection (2A)(a) above to serve an abatement notice in respect of the nuisance.
The defence under subsection (7) above is not available—
in the case of a nuisance falling within paragraph (a), (d), (e), (f) , (fa) or (g) of section 79(1) above except where the nuisance arises on industrial, trade or business premises;
in the case of a nuisance falling within paragraph (b) of section 79(1) above except where the smoke is emitted from a chimney; and
in the case of a nuisance falling within paragraph (fb) of section 79(1) above except where—
the artificial light is emitted from industrial, trade or business premises, or
the artificial light (not being light to which sub-paragraph (i) applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility;
in the case of a nuisance falling within paragraph (ga) of section 79(1) above except where the noise is emitted from or caused by a vehicle, machinery or equipment being used for industrial, trade or business purposes;
in the case of a nuisance falling within paragraph (c) or (h) of section 79(1) above.
In proceedings for an offence under subsection (4) above in respect of a statutory nuisance falling within paragraph (g) or (ga)of section 79(1) above where the offence consists in contravening requirements imposed by virtue of subsection (1)(a) above it shall be a defence to prove—
that the alleged offence was covered by a notice served under section 60 or a consent given under section 61 or 65 of the Control of Pollution Act 1974 (construction sites, etc); or
where the alleged offence was committed at a time when the premises were subject to a notice under section 66 of that Act (noise reduction notice), that the level of noise emitted from the premises at that time was not such as to a constitute a contravention of the notice under that section; or
where the alleged offence was committed at a time when the premises were not subject to a notice under section 66 of that Act, and when a level fixed under section 67 of that Act (new buildings liable to abatement order) applied to the premises, that the level of noise emitted from the premises at that time did not exceed that level.
Paragraphs (b) and (c) of subsection (9) above apply whether or not the relevant notice was subject to appeal at the time when the offence was alleged to have been committed.
For the purposes of subsection (8)(aza) a relevant sports facility is an area, with or without structures, that is used when participating in a relevant sport, but does not include such an area comprised in domestic premises.
For the purposes of subsection (8A) “relevant sport” means a sport that is designated for those purposes by order made by the Secretary of State, in relation to England, or the National Assembly for Wales, in relation to Wales. A sport may be so designated by reference to its appearing in a list maintained by a body specified in the order.
In subsection (8A) “domestic premises” means—
premises used wholly or mainly as a private dwelling, or
land or other premises belonging to, or enjoyed with, premises so used.
Subject to subsections (1ZA) to (6A) below, the following matters constitute “statutory nuisances” for the purposes of this Part, that is to say— and it shall be the duty of every local authority to cause its area to be inspected from time to time to detect any statutory nuisances which ought to be dealt with under section 80 below or sections 80 and 80A below and, where a complaint of a statutory nuisance is made to it by a person living within its area, to take such steps as are reasonably practicable to investigate the complaint.
any premises in such a state as to be prejudicial to health or a nuisance;
smoke emitted from premises so as to be prejudicial to health or a nuisance;
fumes or gases emitted from premises so as to be prejudicial to health or a nuisance;
any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance;
any accumulation or deposit which is prejudicial to health or a nuisance;
any water covering land or land covered with water which is in such a state as to be prejudicial to health or a nuisance;
any animal kept in such a place or manner as to be prejudicial to health or a nuisance;
any insects emanating from premises and being prejudicial to health or a nuisance;
artificial light emitted from— so as to be prejudicial to health or a nuisance;
premises;
any stationary object,
noise emitted from premises so as to be prejudicial to health or a nuisance;
noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street or in Scotland, road;
any other matter declared by any enactment to be a statutory nuisance;
The Scottish Ministers may by regulations—
amend this section so as to—
prescribe additional matters which constitute statutory nuisances for the purposes of this Part;
vary the description of any matter which constitutes a statutory nuisance;
in relation to an amendment under paragraph (a), amend this Act and any other enactment to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Scottish Ministers consider appropriate.
Before making regulations under subsection (1ZA) above, the Scottish Ministers must consult, in so far as it is reasonably practicable to do so, the persons mentioned in subsection (1ZC) below.
Those persons are— as the Scottish Ministers consider appropriate.
such associations of local authorities; and
such other persons,
No matter shall constitute a statutory nuisance to the extent that it consists of, or is caused by, any land being in a contaminated state.
Land is in a “contaminated state” for the purposes of sub section (1A) above if, and only if, it is in such a condition, by reason of substances in, on or under the land, that– and in this subsection “harm”, “pollution” in relation to the water environment, “substance” and “the water environment” have the same meanings as in Part IIA of this Act.
significant harm is being caused or there is a significant possibility of such harm being caused; or
significant pollution of the water environment is being caused or there is a significant possibility of such pollution being caused;
Subsection (1)(b) , (fba) and (g) above do not apply in relation to premises (or, in respect of paragraph (fba)(ii) above, a stationary object located on premises)— and “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952.
occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or
occupied by or for the purposes of a visiting force;
Subsection (1)(b) above does not apply to—
smoke emitted from a chimney of a private dwelling within a smoke control area,
dark smoke emitted from a chimney of a building or a chimney serving the furnace of a boiler or industrial plant attached to a building or for the time being fixed to or installed on any land,
smoke emitted from a railway locomotive steam engine, or
dark smoke emitted otherwise than as mentioned above from industrial or trade premises.
Subsection (1)(c) above does not apply in relation to premises other than private dwellings.
Subsection (1)(d) above does not apply to steam emitted from a railway locomotive engine.
For the purposes of subsection (1)(ea) above, “land”—
includes structures (other than buildings) in, on or over land;
does not include—
mains or other pipes used for carrying a water supply;
any part of the public sewerage system;
any other sewers, drains or other pipes used for carrying sewage;
the foreshore, that is to say, the land between the high and low water marks of ordinary spring tides;
the seabed.
In subsection (5ZA) above—
Subsection (1)(faa) above does not apply to insects that are wild animals included in Schedule 5 to the Wildlife and Countryside Act 1981 (c. 69).
For the purposes of subsection (1)(faa) above, “premises” does not include—
a site of special scientific interest (within the meaning of section 3(6) of the Nature Conservation (Scotland) Act 2004 (asp 6));
such other place (or type of place) as may be prescribed in regulations made by the Scottish Ministers.
Before making regulations under subsection (5AB)(b) above, the Scottish Ministers must consult, in so far as it is reasonably practicable to do so, the persons mentioned in subsection (5AD) below.
Those persons are— as the Scottish Ministers consider appropriate.
such associations of local authorities; and
such other persons,
Subsection (1)(fba) above does not apply to artificial light emitted from a lighthouse (within the meaning of Part 8 of the Merchant Shipping Act 1995 (c. 21)).
Subsection (1)(g) above does not apply to noise caused by aircraft other than model aircraft.
Subsection (1)(ga) above does not apply to noise made—
by traffic,
by any naval, military or air force of the Crown or by a visiting force (as defined in subsection (2) above), or
by a political demonstration or a demonstration supporting or opposing a cause or campaign.
In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
In this Part— and any expressions used in this section and in the Clean Air Act 1993 have the same meaning in this section as in that Act and section 3 of the Clean Air Act 1993 shall apply for the interpretation of the expression “dark smoke” and the operation of this Part in relation to it.
Where, by an order under section 2 of the Public Health (Control of Disease) Act 1984, a port health authority has been constituted for any port health district, . . . the port health authority . . . shall have by virtue of this subsection, as respects its district, the functions conferred or imposed by this Part in relation to statutory nuisances other than a nuisance falling within paragraph (g) or (ga) of subsection (1) above and no such order shall be made assigning those functions; and “local authority” and “area” shall be construed accordingly.
In this Part “best practicable means” is to be interpreted by reference to the following provisions— and, in circumstances where a code of practice under section 71 of the Control of Pollution Act 1974 (noise minimisation) is applicable, regard shall also be had to guidance given in it.
“practicable” means reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications;
the means to be employed include the design, installation, maintenance and manner and periods of operation of plant and machinery, and the design, construction and maintenance of buildings and structures;
the test is to apply only so far as compatible with any duty imposed by law;
the test is to apply only so far as compatible with safety and safe working conditions, and with the exigencies of any emergency or unforeseeable circumstances;
A local authority shall not without the consent of the Secretary of State institute summary proceedings under this Part in respect of a nuisance falling within paragraph (b), (d) , (e) or (g) and, in relation to Scotland, paragraph (ga), of subsection (1) above if proceedings in respect thereof might be instituted under ... regulations under section 2 of the Pollution Prevention and Control Act 1999 or section 18 of the Regulatory Reform (Scotland) Act 2014.
The area of a local authority which includes part of the seashore shall also include for the purposes of this Part the territorial sea lying seawards from that part of the shore; and subject to subsection (12) and , in relation to England and Wales, section 81A(9) below, this Part shall have effect, in relation to any area included in the area of a local authority by virtue of this subsection—
as if references to premises and the occupier of premises included respectively a vessel and the master of a vessel; and
with such other modifications, if any, as are prescribed in regulations made by the Secretary of State.
A vessel powered by steam reciprocating machinery is not a vessel to which this Part of this Act applies.
Subject to subsection (1A) below, where more than one person is responsible for a statutory nuisance section 80 above shall apply to each of those persons whether or not what any one of them is responsible for would by itself amount to a nuisance.
Where a statutory nuisance which exists or has occurred within the area of a local authority, or which has affected any part of that area, appears to the local authority to be wholly or partly caused by some act or default committed or taking place outside the area, the local authority may act under section 80 above as if the act or default were wholly within that area, except that any appeal shall be heard by a magistrates’ court or in Scotland, the sheriff having jurisdiction where the act or default is alleged to have taken place.
In relation to a statutory nuisance within section 79(1)(ga) above for which more than one person is responsible (whether or not what any one of those persons is responsible for would by itself amount to such a nuisance), section 80(2)(a) above shall apply with the substitution of “any one of the persons” for “the person”.
In relation to a statutory nuisance within section 79(1)(ga) above caused by noise emitted from or caused by an unattended vehicle or unattended machinery or equipment for which more than one person is responsible, section 80A above shall apply with the substitution—
in subsection (2)(a), of “any of the persons” for “the person” and of “one such person” for “that person”,
in subsection (2)(b), of “such a person” for “that person”,
in subsection (3), of “any of the persons” for “the person” and of “one such person” for “that person”,
in subsection (5), of “any person” for “the person”, and
in subsection (7), of “a person” for “the person” and of “such a person” for “that person”.
Where an abatement notice has not been complied with the local authority may, whether or not they take proceedings for an offence or, in Scotland, whether or not proceedings have been taken for an offence, under section 80(4) above, abate the nuisance and do whatever may be necessary in execution of the notice.
Any expenses reasonably incurred by a local authority in abating, or preventing the recurrence of, a statutory nuisance under subsection (3) above may be recovered by them from the person by whose act or default the nuisance was caused and, if that person is the owner of the premises, from any person who is for the time being the owner thereof; and the court or sheriff may apportion the expenses between persons by whose acts or defaults the nuisance is caused in such manner as the court consider or sheriff considers fair and reasonable.
If a local authority is of opinion that proceedings for an offence under section 80(4) above would afford an inadequate remedy in the case of any statutory nuisance , they may, subject to subsection (6) below, take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction, for the purpose of securing the abatement, prohibition or restriction of the nuisance, and the proceedings shall be maintainable notwithstanding the local authority have suffered no damage from the nuisance.
In any proceedings under subsection (5) above in respect of a nuisance falling within paragraph (g) or (ga)of section 79(1) above, it shall be a defence to prove that the noise was authorised by a notice under section 60 or a consent under section 61 (construction sites) of the Control of Pollution Act 1974.
The further supplementary provisions in Schedule 3 to this Act shall have effect.
A magistrates’ court may act under this section on a complaint or, in Scotland, the sheriff may act under this section on a summary application, made by any person on the ground that he is aggrieved by the existence of a statutory nuisance.
If the magistrates’ court or, in Scotland, the sheriff is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises or, in the case of a nuisance within section 79(1)(ga) above, in the same street or, in Scotland, road, the court or the sheriff shall make an order for either or both of the following purposes— and , in England and Wales, may also impose on the defendant a fine not exceeding level 5 on the standard scale.
requiring the defendant or, in Scotland, defender to abate the nuisance, within a time specified in the order, and to execute any works necessary for that purpose;
prohibiting a recurrence of the nuisance, and requiring the defendant or defender, within a time specified in the order, to execute any works necessary to prevent the recurrence;
If the magistrates’ court or the sheriff is satisfied that the alleged nuisance exists and is such as, in the opinion of the court or of the sheriff, to render premises unfit for human habitation, an order under subsection (2) above may prohibit the use of the premises for human habitation until the premises are, to the satisfaction of the court or of the sheriff, rendered fit for that purpose.
Proceedings for an order under subsection (2) above shall be brought—
except in a case falling within paragraph (b), (c) or (d) below, against the person responsible for the nuisance;
where the nuisance arises from any defect of a structural character, against the owner of the premises;
where the person responsible for the nuisance cannot be found, against the owner or occupier of the premises.
in the case of a statutory nuisance within section 79(1)(ga) above caused by noise emitted from or caused by an unattended vehicle or unattended machinery or equipment, against the person responsible for the vehicle, machinery or equipment.
Subject to subsection (5A) below, where more than one person is responsible for a statutory nuisance, subsections (1) to (4) above shall apply to each of those persons whether or not what any one of them is responsible for would by itself amount to a nuisance.
Before instituting proceedings for an order under subsection (2) above against any person, the person aggrieved by the nuisance shall give to that person such notice in writing of his intention to bring the proceedings as is applicable to proceedings in respect of a nuisance of that description and the notice shall specify the matter complained of.
In relation to a statutory nuisance within section 79(1)(ga) above for which more than one person is responsible (whether or not what any one of those persons is responsible for would by itself amount to such a nuisance), subsection (4)(a) above shall apply with the substitution of “each person responsible for the nuisance who can be found” for “the person responsible for the nuisance”.
In relation to a statutory nuisance within section 79(1)(ga) above caused by noise emitted from or caused by an unattended vehicle or unattended machinery or equipment for which more than one person is responsible, subsection (4)(d) above shall apply with the substitution of “any person” for “the person”.
The notice of the bringing of proceedings in respect of a statutory nuisance required by subsection (6) above which is applicable is— but the Secretary of State may, by order, provide that this subsection shall have effect as if such period as is specified in the order were the minimum period of notice applicable to any description of statutory nuisance specified in the order.
in the case of a nuisance falling within paragraph (g) or (ga) of section 79(1) above, not less than three days’ notice; and
in the case of a nuisance of any other description, not less than twenty-one days’ notice;
A person who, without reasonable excuse, contravenes any requirement or prohibition imposed by an order under subsection (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale together with a further fine of an amount equal to one-tenth of that level one-tenth of the greater of £5,000 or level 4 on the standard scale for each day on which the offence continues after the conviction.
Subject to subsection (10) below, in any proceedings for an offence under subsection (8) above in respect of a statutory nuisance it shall be a defence to prove that the best practicable means were used to prevent, or to counteract the effects of, the nuisance.
The defence under subsection (9) above is not available—
in the case of a nuisance falling within paragraph (a), (d), (e), (f) , (fa) or (g) of section 79(1) above except where the nuisance arises on industrial, trade or business premises;
in the case of a nuisance falling within paragraph (b) of section 79(1) above except where the smoke is emitted from a chimney;
in the case of a nuisance falling within paragraph (fb) of section 79(1) above except where—
the artificial light is emitted from industrial, trade or business premises, or
the artificial light (not being light to which sub-paragraph (i) applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility;
in the case of a nuisance falling within paragraph (ga) of section 79(1) above except where the noise is emitted from or caused by a vehicle, machinery or equipment being used for industrial, trade or business purposes;
in the case of a nuisance falling within paragraph (c) or (h) of section 79(1) above; and
in the case of a nuisance which is such as to render the premises unfit for human habitation.
If a person is convicted of an offence under subsection (8) above, a magistrates’ court or the sheriff may, after giving the local authority in whose area the nuisance has occurred an opportunity of being heard, direct the authority to do anything which the person convicted was required to do by the order to which the conviction relates.
Where on the hearing of proceedings for an order under subsection (2) above it is proved that the alleged nuisance existed at the date of the making of the complaint or summary application, then, whether or not at the date of the hearing it still exists or is likely to recur, the court or the sheriff shall order the defendant or defender (or defendants or defenders in such proportions as appears fair and reasonable) to pay to the person bringing the proceedings such amount as the court or the sheriff considers reasonably sufficient to compensate him for any expenses properly incurred by him in the proceedings.
If it appears to the magistrates’ court or to the sheriff that neither the person responsible for the nuisance nor the owner or occupier of the premises or (as the case may be) the person responsible for the vehicle, machinery or equipment can be found the court or the sheriff may, after giving the local authority in whose area the nuisance has occurred an opportunity of being heard, direct the authority to do anything which the court or the sheriff would have ordered that person to do.
For the purposes of subsection (10)(aza) “relevant sports facility” has the same meaning as it has for the purposes of section 80(8)(aza).
Where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, in the area of the authority, the local authority shall serve a notice (“an abatement notice”) imposing all or any of the following requirements— and the notice shall specify the time or times within which the requirements of the notice are to be complied with.
requiring the abatement of the nuisance or prohibiting or restricting its occurrence or recurrence;
requiring the execution of such works, and the taking of such other steps, as may be necessary for any of those purposes,
Subject to section 80A(1) below, the abatement notice shall be served—
except in a case falling within paragraph (b) or (c) below, on the person responsible for the nuisance;
where the nuisance arises from any defect of a structural character, on the owner of the premises;
where the person responsible for the nuisance cannot be found or the nuisance has not yet occurred, on the owner or occupier of the premises.
A person served with an abatement notice may appeal against the notice to a magistrates’ court or in Scotland, the sheriff within the period of twenty-one days beginning with the date on which he was served with the notice.
If a person on whom an abatement notice is served, without reasonable excuse, contravenes or fails to comply with any requirement or prohibition imposed by the notice, he shall be guilty of an offence.
Where a local authority have reason to believe that a person has committed an offence under subsection (4) above, the local authority may give that person a notice (a “fixed penalty notice”) in accordance with section 80ZA offering the person the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.
Except in a case falling within subsection (6) below, a person who commits an offence under subsection (4) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale together with a further fine of an amount equal to one-tenth of that level for each day on which the offence continues after the conviction.
A person who commits an offence under subsection (4) above on industrial, trade or business premises shall be liable on summary conviction to a fine not exceeding £40,000.
Subject to subsection (8) below, in any proceedings for an offence under subsection (4) above in respect of a statutory nuisance it shall be a defence to prove that the best practicable means were used to prevent, or to counteract the effects of, the nuisance.
The defence under subsection (7) above is not available—
in the case of a nuisance falling within paragraph (a), (d), (e), (f) or (g) of section 79(1) above except where the nuisance arises on industrial, trade or business premises;
in the case of a nuisance falling within paragraph (ga) of section 79(1) above except where the noise is emitted from or caused by a vehicle, machinery or equipment being used for industrial, trade or business purposes;
in the case of a nuisance falling within paragraph (b) of section 79(1) above except where the smoke is emitted from a chimney; and
in the case of a nuisance falling within paragraph (c) or (h) of section 79(1) above.
In proceedings for an offence under subsection (4) above in respect of a statutory nuisance falling within paragraph (g) or (ga)of section 79(1) above where the offence consists in contravening requirements imposed by virtue of subsection (1)(a) above it shall be a defence to prove—
that the alleged offence was covered by a notice served under section 60 or a consent given under section 61 ... of the Control of Pollution Act 1974 (construction sites, etc); ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies to a fixed penalty notice given under section 80(4A).
A fixed penalty notice must give reasonable particulars of the circumstances alleged to constitute the offence.
A fixed penalty notice must also state—
the amount of the fixed penalty;
the period within which it may be paid;
the— payment may be made;
person to whom; and
address at which,
the method or methods by which payment may be made;
the consequences of not making a payment within the period for payment.
The amount of the fixed penalty under section 80(4A) is—
in the case of a nuisance relating to industrial, trade or business premises, £400;
in any other case, £150.
The period for payment of the fixed penalty is 14 days beginning with the day after the day on which the notice is given.
The local authority may extend the period for paying the fixed penalty in any particular case if they consider it appropriate to do so by sending notice to the person to whom the fixed penalty notice was given.
No proceedings for an offence under section 80(4) may be commenced before the end of the period for payment of the fixed penalty.
In proceedings for an offence under section 80(4), a certificate which— is sufficient evidence of the facts stated.
purports to be signed by or on behalf of a person having responsibility for the financial affairs of the local authority; and
states that payment of the amount specified in the fixed penalty notice was or was not received by the expiry of the period within which that fixed penalty may be paid,
Where proceedings for an offence in respect of which a fixed penalty notice has been given are commenced, the notice is to be treated as withdrawn.
Any sum received by a local authority under section 80(4A) accrues to that authority.
The Scottish Ministers may, by regulations—
provide that fixed penalty notices may not be given in such circumstances as may be prescribed;
provide for the form of a fixed penalty notice;
provide for the method or methods by which fixed penalties may be paid;
modify subsection (4)(a) or (b) above so as to substitute a different amount (not exceeding level 2 on the standard scale) for the amount for the time being specified there;
provide for the amount of the fixed penalty to be different in different cases or descriptions of case;
modify subsection (5) above so as to substitute a different period for the period for the time being specified there;
provide for the keeping of accounts, and the preparation and publication of statements of account relating to fixed penalties under section 80(4A).
Before making regulations under subsection (11) above, the Scottish Ministers must consult, in so far as it is reasonably practicable to do so, the persons mentioned in subsection (13) below.
Those persons are— as the Scottish Ministers consider appropriate.
such associations of local authorities; and
such other persons,
In the case of a statutory nuisance within section 79(1)(ga) above that— the abatement notice shall be served in accordance with subsection (2) below.
has not yet occurred, or
arises from noise emitted from or caused by an unattended vehicle or unattended machinery or equipment,
The notice shall be served—
where the person responsible for the vehicle, machinery or equipment can be found, on that person;
where that person cannot be found or where the local authority determines that this paragraph should apply, by fixing the notice to the vehicle, machinery or equipment.
Where— a copy of the notice shall be served on that person accordingly.
an abatement notice is served in accordance with subsection (2)(b) above by virtue of a determination of the local authority, and
the person responsible for the vehicle, machinery or equipment can be found and served with a copy of the notice within an hour of the notice being fixed to the vehicle, machinery or equipment,
Where an abatement notice is served in accordance with subsection (2)(b) above by virtue of a determination of the local authority, the notice shall state that, if a copy of the notice is subsequently served under subsection (3) above, the time specified in the notice as the time within which its requirements are to be complied with is extended by such further period as is specified in the notice.
Where an abatement notice is served in accordance with subsection (2)(b) above, the person responsible for the vehicle, machinery or equipment may appeal against the notice under section 80(3) above as if he had been served with the notice on the date on which it was fixed to the vehicle, machinery or equipment.
Section 80(4) above shall apply in relation to a person on whom a copy of an abatement notice is served under subsection (3) above as if the copy were the notice itself.
A person who removes or interferes with a notice fixed to a vehicle, machinery or equipment in accordance with subsection (2)(b) above shall be guilty of an offence, unless he is the person responsible for the vehicle, machinery or equipment or he does so with the authority of that person.
A person who commits an offence under subsection (7) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Subject to subsection (1A) below, where more than one person is responsible for a statutory nuisance section 80 above shall apply to each of those persons whether or not what any one of them is responsible for would by itself amount to a nuisance.
In relation to a statutory nuisance within section 79(1)(ga) above for which more than one person is responsible (whether or not what any one of those persons is responsible for would by itself amount to such a nuisance), section 80(2)(a) above shall apply with the substitution of “any one of the persons” for “the person”.
In relation to a statutory nuisance within section 79(1)(ga) above caused by noise emitted from or caused by an unattended vehicle or unattended machinery or equipment for which more than one person is responsible, section 80A above shall apply with the substitution—
in subsection (2)(a), of “any of the persons” for “the person” and of “one such person” for “that person”,
in subsection (2)(b), of “such a person” for “that person”,
in subsection (3), of “any of the persons” for “the person” and of “one such person” for “that person”,
in subsection (5), of “any person” for “the person”, and
in subsection (7), of “a person” for “the person” and of “such a person” for “that person”.
Where a statutory nuisance which exists or has occurred within the area of a local authority, or which has affected any part of that area, appears to the local authority to be wholly or partly caused by some act or default committed or taking place outside the area, the local authority may act under section 80 above as if the act or default were wholly within that area, except that any appeal shall be heard by a magistrates’ court or in Scotland, the sheriff having jurisdiction where the act or default is alleged to have taken place.
Where an abatement notice has not been complied with, the local authority may, whether or not— abate the nuisance and do whatever may be necessary in execution of the abatement notice.
proceedings have been taken for an offence under section 80(4); or
a fixed penalty notice has been given under section 80(4A) in respect of that offence (regardless of whether the fixed penalty notice is accepted),
The power under subsection (3) above shall, where the matter to be abated is a statutory nuisance by virtue of section 79(1)(g) above, include power to seize and remove any equipment which it appears to the authority is being or has been used in the emission of the noise in question.
A person who wilfully obstructs any person exercising, by virtue of subsection (3A) above, the power conferred by subsection (3) above shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
Schedule 1 to the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) shall have effect in relation to equipment seized by virtue of subsection (3A) above as it does in relation to equipment seized under section 47(2) of that Act, subject to the following modifications—
in paragraph 1(a), “noise offence” means an offence under section 80(4) above in respect of a statutory nuisance falling within section 79(1)(g) above; and
in paragraph 1(b), “seized equipment” means equipment seized by virtue of subsection (3A) above.
Any expenses reasonably incurred by a local authority in abating, or preventing the recurrence of, a statutory nuisance under subsection (3) above may be recovered by them from the person by whose act or default the nuisance was caused and, if that person is the owner of the premises, from any person who is for the time being the owner thereof; and the court or sheriff may apportion the expenses between persons by whose acts or defaults the nuisance is caused in such manner as the court consider or sheriff considers fair and reasonable.
If a local authority is of opinion that proceedings for an offence under section 80(4) above would afford an inadequate remedy in the case of any statutory nuisance , they may, subject to subsection (6) below, take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction, for the purpose of securing the abatement, prohibition or restriction of the nuisance, and the proceedings shall be maintainable notwithstanding the local authority have suffered no damage from the nuisance.
In any proceedings under subsection (5) above in respect of a nuisance falling within paragraph (g) or (ga)of section 79(1) above, it shall be a defence to prove that the noise was authorised by a notice under section 60 or a consent under section 61 (construction sites) of the Control of Pollution Act 1974.
The further supplementary provisions in Schedule 3 to this Act shall have effect.
Where any expenses are recoverable under section 81(4) above from a person who is the owner of the premises there mentioned and the local authority serves a notice on him under this section—
the expenses shall carry interest, at such reasonable rate as the local authority may determine, from the date of service of the notice until the whole amount is paid, and
subject to the following provisions of this section, the expenses and accrued interest shall be a charge on the premises.
A notice served under this section shall—
specify the amount of the expenses that the local authority claims is recoverable,
state the effect of subsection (1) above and the rate of interest determined by the local authority under that subsection, and
state the effect of subsections (4) to (6) below.
On the date on which a local authority serves a notice on a person under this section the authority shall also serve a copy of the notice on every other person who, to the knowledge of the authority, has an interest in the premises capable of being affected by the charge.
Subject to any order under subsection (7)(b) or (c) below, the amount of any expenses specified in a notice under this section and the accrued interest shall be a charge on the premises— until the expenses and interest are recovered.
as from the end of the period of twenty-one days beginning with the date of service of the notice, or
where an appeal is brought under subsection (6) below, as from the final determination of the appeal,
For the purposes of subsection (4) above, the withdrawal of an appeal has the same effect as a final determination of the appeal.
A person served with a notice or copy of a notice under this section may appeal against the notice to the county court within the period of twenty-one days beginning with the date of service.
On such an appeal the court may—
confirm the notice without modification,
order that the notice is to have effect with the substitution of a different amount for the amount originally specified in it, or
order that the notice is to be of no effect.
A local authority shall, for the purpose of enforcing a charge under this section, have all the same powers and remedies under the Law of Property Act 1925, and otherwise, as if it were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.
In this section—
“luggage trolley” means a trolley provided by a person carrying on an undertaking mentioned in paragraph 1(2)(d) above to travellers for use by them for carrying their luggage to, from or within the premises used for the purposes of his undertaking, not being a trolley which is power-assisted; and
This section does not apply to Scotland.
Where any expenses are a charge on premises under section 81A above, the local authority may by order declare the expenses to be payable with interest by instalments within the specified period, until the whole amount is paid.
In subsection (1) above—
Subject to subsection (5) below, the instalments and interest, or any part of them, may be recovered from the owner or occupier for the time being of the premises.
Any sums recovered from an occupier may be deducted by him from the rent of the premises.
An occupier shall not be required to pay at any one time any sum greater than the aggregate of—
the amount that was due from him on account of rent at the date on which he was served with a demand from the local authority together with a notice requiring him not to pay rent to his landlord without deducting the sum demanded, and
the amount that has become due from him on account of rent since that date.
This section does not apply to Scotland.
Sections 79 to 82 above do not apply to Scotland.
In section 16 of the Public Health (Scotland) Act 1897 (definition of nuisances), after paragraph (5) there shall be inserted the following paragraphs—
Where a person carries on, in the area or part of the area of any local authority—
in England or Wales, a trade which—
is an offensive trade within the meaning of section 107 of the Public Health Act 1936 in that area or part of that area, and
constitutes a prescribed process designated for local control for the carrying on of which an authorisation is required under section 6 of this Act; or
in Scotland, a business which— subsection (2) below shall have effect in relation to that trade or business as from the date on which an authorisation is granted under section 6 of this Act or, if that person has not applied for such an authorisation within the period allowed under section 2(1) above for making applications under that section, as from the end of that period.
is mentioned in section 32(1) of the Public Health (Scotland) Act 1897 (or is an offensive business by virtue of that section) in that area or part of that area; and
constitutes a prescribed process designated for local control for the carrying on of which an authorisation is required under the said section 6,
Where this subsection applies in relation to the trade or business carried on by any person— but without prejudice to the continuance of, and imposition of any penalty in, any proceedings under the said section 107 or the said section 32 which were instituted before the date as from which this subsection has effect in relation to the trade or business.
nothing in section 107 of the Public Health Act 1936 or in section 32 of the Public Health (Scotland) Act 1897 shall apply in relation to it, and
no byelaws or further byelaws made under section 108(2) of the said Act of 1936, or under subsection (2) of the said section 32, with respect to a trade or business of that description shall apply in relation to it;
Subsection (2)(b) above shall apply in relation to the trade of fish frying as it applies in relation to an offensive trade.
When the Secretary of State considers it expedient to do so, having regard to the operation of Part I and the preceding provisions of this Part of this Act in relation to offensive trades or businesses, he may by order repeal— and different days may be so appointed in relation to trades or businesses which constitute prescribed processes and those which do not.
sections 107 and 108 of the Public Health Act 1936; and
section 32 of the Public Health (Scotland) Act 1897;
In this section—
The following provisions have effect for the interpretation of this Part.
“Contaminated land” is any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that— and, in determining whether any land appears to be such land, a local authority shall, subject to subsection (5) below, act in accordance with guidance issued by the Secretary of State in accordance with section 78YA below with respect to the manner in which that determination is to be made.
significant harm is being caused or there is a significant possibility of such harm being caused; or
significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused;
A “special site” is any contaminated land—
which has been designated as such a site by virtue of section 78C(7) or 78D(6) below; and
whose designation as such has not been terminated by the appropriate Agency under section 78Q(4) below.
“Harm” means harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes harm to his property.
The questions— shall be determined in accordance with guidance issued for the purpose by the Secretary of State in accordance with section 78YA below.
what harm or pollution of controlled waters is to be regarded as “significant”,
whether the possibility of significant harm or of significant pollution of controlled waters being caused is “significant”,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Without prejudice to the guidance that may be issued under subsection (5) above, guidance under paragraph (a) of that subsection may make provision for different degrees of importance to be assigned to, or for the disregard of,— and guidance under paragraph (b) of that subsection may make provision for different degrees of possibility to be regarded as “significant” (or as not being “significant”) in relation to different descriptions of significant harm or of significant pollution.
different descriptions of living organisms or ecological systems, or of poisonous, noxious or polluting matter or solid waste matter;
different descriptions of places or controlled waters, or different degrees of pollution; or
different descriptions of harm to health or property, or other interference;
“Remediation” means— and cognate expressions shall be construed accordingly.
the doing of anything for the purpose of assessing the condition of—
the contaminated land in question;
any controlled waters affected by that land; or
any land adjoining or adjacent to that land;
the doing of any works, the carrying out of any operations or the taking of any steps in relation to any such land or waters for the purpose—
of preventing or minimising, or remedying or mitigating the effects of, any significant harm, or any significant pollution of controlled waters, by reason of which the contaminated land is such land; or
of restoring the land or waters to their former state; or
the making of subsequent inspections from time to time for the purpose of keeping under review the condition of the land or waters;
Controlled waters are “affected by” contaminated land if (and only if) it appears to the enforcing authority that the contaminated land in question is, for the purposes of subsection (2) above, in such a condition, by reason of substances in, on or under the land, that significant pollution of those waters is being caused or there is a significant possibility of such pollution being caused.
The following expressions have the meaning respectively assigned to them—
The following provisions have effect for the interpretation of this Part.
“Contaminated land” is any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that— and, in determining whether any land appears to be such land, a local authority shall, subject to subsection (5) below, act in accordance with guidance issued by the Secretary of State in accordance with section 78YA below with respect to the manner in which that determination is to be made.
significant harm is being caused or there is a significant possibility of such harm being caused; or
significant pollution of the water environment is being caused or there is a significant possibility of such pollution being caused.
A “special site” is any contaminated land—
which has been designated as such a site by virtue of section 78C(7) or 78D(6) below; and
whose designation as such has not been terminated by the appropriate Agency under section 78Q(4) below.
Subject to sub section (4A), “harm” means harm to the health of living organisms or other interference with the ecological systems of which they form part and, in the case of man, includes harm to his property.
“Harm”, in relation to the water environment, means—
harm to the health of human beings or other living organisms,
harm to the quality of the water environment, including—
harm to the quality of the water environment taken as a whole,
other impairment of, or interference with, the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems,
offences to the senses of human beings,
damage to property, or
impairment of, or interference with, amenities or other legitimate uses of the water environment.
The questions— shall be determined in accordance with guidance issued for the purpose by the Secretary of State in accordance with section 78YA below.
what harm or pollution of the water environment is to be regarded as “significant”,
whether the possibility of significant harm or of significant pollution of the water environment being caused is “significant”,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Without prejudice to the guidance that may be issued under subsection (5) above, guidance under paragraph (a) of that subsection may make provision for different degrees of importance to be assigned to, or for the disregard of,— and guidance under paragraph (b) of that subsection may make provision for different degrees of possibility to be regarded as “significant” (or as not being “significant”) in relation to different descriptions of significant harm or of significant pollution.
different descriptions of living organisms or ecological systems or substances which may give rise to pollution;
different descriptions of places or of the water environment, or different degrees of pollution; or
different descriptions of harm to health or property, or other interference;
“Remediation” means— and cognate expressions shall be construed accordingly.
the doing of anything for the purpose of assessing the condition of—
the contaminated land in question;
the water environment affected by that land; or
any land adjoining or adjacent to that land;
the doing of any works, the carrying out of any operations or the taking of any steps in relation to any such land or the water environment for the purpose—
of preventing or minimising, or remedying or mitigating the effects of, any significant harm, or any significant pollution of the water environment, by reason of which the contaminated land is such land; or
of restoring the land or water environment to its former state; or
the making of subsequent inspections from time to time for the purpose of keeping under review the condition of the land or the water environment;
The water environment is“affected by” contaminated land if (and only if) it appears to the enforcing authority that the contaminated land in question is, for the purposes of subsection (2) above, in such a condition, by reason of substances in, on or under the land, that significant pollution of the water environment is being caused or there is a significant possibility of such pollution being caused.
The following expressions have the meaning respectively assigned to them—
Every local authority shall cause its area to be inspected from time to time for the purpose—
of identifying contaminated land; and
of enabling the authority to decide whether any such land is land which is required to be designated as a special site.
In performing its functions under subsection (1) above a local authority shall act in accordance with any guidance issued for the purpose by the Secretary of State in accordance with section 78YA below.
If a local authority identifies any contaminated land in its area, it shall give notice of that fact to— and any notice given under this subsection shall state by virtue of which of paragraphs (a) to (d) above it is given.
the appropriate Agency;
the owner of the land;
any person who appears to the authority to be in occupation of the whole or any part of the land; and
each person who appears to the authority to be an appropriate person;
If, at any time after a local authority has given any person a notice pursuant to subsection (3)(d) above in respect of any land, it appears to the enforcing authority that another person is an appropriate person, the enforcing authority shall give notice to that other person—
of the fact that the local authority has identified the land in question as contaminated land; and
that he appears to the enforcing authority to be an appropriate person.
If at any time it appears to a local authority that any contaminated land in its area might be land which is required to be designated as a special site, the authority—
shall decide whether or not the land is land which is required to be so designated; and
if the authority decides that the land is land which is required to be so designated, shall give notice of that decision to the relevant persons.
For the purposes of this section, “the relevant persons” at any time in the case of any land are the persons who at that time fall within paragraphs (a) to (d) below, that is to say—
the appropriate Agency;
the owner of the land;
any person who appears to the local authority concerned to be in occupation of the whole or any part of the land; and
each person who appears to that authority to be an appropriate person.
Before making a decision under paragraph (a) of subsection (1) above in any particular case, a local authority shall request the advice of the appropriate Agency, and in making its decision shall have regard to any advice given by that Agency in response to the request.
If at any time the appropriate Agency considers that any contaminated land is land which is required to be designated as a special site, that Agency may give notice of that fact to the local authority in whose area the land is situated.
Where notice under subsection (4) above is given to a local authority, the authority shall decide whether the land in question— and shall give notice of that decision to the relevant persons.
is land which is required to be designated as a special site, or
is not land which is required to be so designated,
Where a local authority makes a decision falling within subsection (1)(b) or (5)(a) above, the decision shall, subject to section 78D below, take effect on the day after whichever of the following events first occurs, that is to say— and where a decision takes effect by virtue of this subsection, the local authority shall give notice of that fact to the relevant persons.
the expiration of the period of twenty-one days beginning with the day on which the notice required by virtue of subsection (1)(b) or, as the case may be, (5)(a) above is given to the appropriate Agency; or
if the appropriate Agency gives notification to the local authority in question that it agrees with the decision, the giving of that notification;
Where a decision that any land is land which is required to be designated as a special site takes effect in accordance with subsection (6) above, the notice given under subsection (1)(b) or, as the case may be, (5)(a) above shall have effect, as from the time when the decision takes effect, as the designation of that land as such a site.
For the purposes of this Part, land is required to be designated as a special site if, and only if, it is land of a description prescribed for the purposes of this subsection.
Regulations under subsection (8) above may make different provision for different cases or circumstances or different areas or localities and may, in particular, describe land by reference to the area or locality in which it is situated.
Without prejudice to the generality of his power to prescribe any description of land for the purposes of subsection (8) above, the Secretary of State, in deciding whether to prescribe a particular description of contaminated land for those purposes, may, in particular, have regard to—
whether land of the description in question appears to him to be land which is likely to be in such a condition, by reason of substances in, on or under the land that—
serious harm would or might be caused, or
serious pollution of controlled waters would or might be caused ; or
whether the appropriate Agency is likely to have expertise in dealing with the kind of significant harm, or significant pollution of controlled waters, by reason of which land of the description in question is contaminated land.
If at any time it appears to a local authority that any contaminated land in its area might be land which is required to be designated as a special site, the authority—
shall decide whether or not the land is land which is required to be so designated; and
if the authority decides that the land is land which is required to be so designated, shall give notice of that decision to the relevant persons.
For the purposes of this section, “the relevant persons” at any time in the case of any land are the persons who at that time fall within paragraphs (a) to (d) below, that is to say—
the appropriate Agency;
the owner of the land;
any person who appears to the local authority concerned to be in occupation of the whole or any part of the land; and
each person who appears to that authority to be an appropriate person.
Before making a decision under paragraph (a) of subsection (1) above in any particular case, a local authority shall request the advice of the appropriate Agency, and in making its decision shall have regard to any advice given by that Agency in response to the request.
If at any time the appropriate Agency considers that any contaminated land is land which is required to be designated as a special site, that Agency may give notice of that fact to the local authority in whose area the land is situated.
Where notice under subsection (4) above is given to a local authority, the authority shall decide whether the land in question— and shall give notice of that decision to the relevant persons.
is land which is required to be designated as a special site, or
is not land which is required to be so designated,
Where a local authority makes a decision falling within subsection (1)(b) or (5)(a) above, the decision shall, subject to section 78D below, take effect on the day after whichever of the following events first occurs, that is to say— and where a decision takes effect by virtue of this subsection, the local authority shall give notice of that fact to the relevant persons.
the expiration of the period of twenty-one days beginning with the day on which the notice required by virtue of subsection (1)(b) or, as the case may be, (5)(a) above is given to the appropriate Agency; or
if the appropriate Agency gives notification to the local authority in question that it agrees with the decision, the giving of that notification;
Where a decision that any land is land which is required to be designated as a special site takes effect in accordance with subsection (6) above, the notice given under subsection (1)(b) or, as the case may be, (5)(a) above shall have effect, as from the time when the decision takes effect, as the designation of that land as such a site.
For the purposes of this Part, land is required to be designated as a special site if, and only if, it is land of a description prescribed for the purposes of this subsection.
Regulations under subsection (8) above may make different provision for different cases or circumstances or different areas or localities and may, in particular, describe land by reference to the area or locality in which it is situated.
Without prejudice to the generality of his power to prescribe any description of land for the purposes of subsection (8) above, the Secretary of State, in deciding whether to prescribe a particular description of contaminated land for those purposes, may, in particular, have regard to—
whether land of the description in question appears to him to be land which is likely to be in such a condition, by reason of substances in, on or under the land that—
serious harm would or might be caused, or
serious pollution of the water environment would or might be caused;
whether the appropriate Agency is likely to have expertise in dealing with the kind of significant harm, or significant pollution of the water environment, by reason of which land of the description in question is contaminated land.
In any case where— the authority shall refer the decision to the Secretary of State and shall send to him a statement of its reasons for reaching the decision.
a local authority gives notice of a decision to the appropriate Agency pursuant to subsection (1)(b) or (5)(b) of section 78C above, but
before the expiration of the period of twenty-one days beginning with the day on which that notice is so given, that Agency gives the local authority notice that it disagrees with the decision, together with a statement of its reasons for disagreeing,
Where the appropriate Agency gives notice to a local authority under paragraph (b) of subsection (1) above, it shall also send to the Secretary of State a copy of the notice and of the statement given under that paragraph.
Where a local authority refers a decision to the Secretary of State under subsection (1) above, it shall give notice of that fact to the relevant persons.
Where a decision of a local authority is referred to the Secretary of State under subsection (1) above, he—
may confirm or reverse the decision with respect to the whole or any part of the land to which it relates; and
shall give notice of his decision on the referral—
to the relevant persons; and
to the local authority.
Where a decision of a local authority is referred to the Secretary of State under subsection (1) above, the decision shall not take effect until the day after that on which the Secretary of State gives the notice required by subsection (4) above to the persons there mentioned and shall then take effect as confirmed or reversed by him.
Where a decision which takes effect in accordance with subsection (5) above is to the effect that at least some land is land which is required to be designated as a special site, the notice given under subsection (4)(b) above shall have effect, as from the time when the decision takes effect, as the designation of that land as such a site.
In this section “the relevant persons” has the same meaning as in section 78C above.
In any case where— the enforcing authority shall, in accordance with such procedure as may be prescribed and subject to the following provisions of this Part, serve on each person who is an appropriate person a notice (in this Part referred to as a “remediation notice”) specifying what that person is to do by way of remediation and the periods within which he is required to do each of the things so specified.
any land has been designated as a special site by virtue of section 78C(7) or 78D(6) above, or
a local authority has identified any contaminated land (other than a special site) in its area,
Different remediation notices requiring the doing of different things by way of remediation may be served on different persons in consequence of the presence of different substances in, on or under any land or waters.
Where two or more persons are appropriate persons in relation to any particular thing which is to be done by way of remediation, the remediation notice served on each of them shall state the proportion, determined under section 78F(7) below, of the cost of doing that thing which each of them respectively is liable to bear.
The only things by way of remediation which the enforcing authority may do, or require to be done, under or by virtue of this Part are things which it considers reasonable, having regard to—
the cost which is likely to be involved; and
the seriousness of the harm, or of the pollution of controlled waters, in question.
In determining for any purpose of this Part— the enforcing authority shall have regard to any guidance issued for the purpose by the Secretary of State.
what is to be done (whether by an appropriate person, the enforcing authority or any other person) by way of remediation in any particular case,
the standard to which any land is, or waters are, to be remediated pursuant to the notice, or
what is, or is not, to be regarded as reasonable for the purposes of subsection (4) above,
Regulations may make provision for or in connection with—
the form or content of remediation notices; or
any steps of a procedural nature which are to be taken in connection with, or in consequence of, the service of a remediation notice.
In any case where— the enforcing authority shall, in accordance with such procedure as may be prescribed and subject to the following provisions of this Part, serve on each person who is an appropriate person a notice (in this Part referred to as a “remediation notice”) specifying what that person is to do by way of remediation and the periods within which he is required to do each of the things so specified.
any land has been designated as a special site by virtue of section 78C(7) or 78D(6) above, or
a local authority has identified any contaminated land (other than a special site) in its area,
Different remediation notices requiring the doing of different things by way of remediation may be served on different persons in consequence of the presence of different substances in, on or under any land or the water environment.
Where two or more persons are appropriate persons in relation to any particular thing which is to be done by way of remediation, the remediation notice served on each of them shall state the proportion, determined under section 78F(7) below, of the cost of doing that thing which each of them respectively is liable to bear.
The only things by way of remediation which the enforcing authority may do, or require to be done, under or by virtue of this Part are things which it considers reasonable, having regard to—
the cost which is likely to be involved; and
the seriousness of the harm, or of the pollution of the water environment, in question.
In determining for any purpose of this Part— the enforcing authority shall have regard to any guidance issued for the purpose by the Secretary of State.
what is to be done (whether by an appropriate person, the enforcing authority or any other person) by way of remediation in any particular case,
the standard to which any land is, or waters are , or the water environment is, to be remediated pursuant to the notice, or
what is, or is not, to be regarded as reasonable for the purposes of subsection (4) above,
Regulations may make provision for or in connection with—
the form or content of remediation notices; or
any steps of a procedural nature which are to be taken in connection with, or in consequence of, the service of a remediation notice.
This section has effect for the purpose of determining who is the appropriate person to bear responsibility for any particular thing which the enforcing authority determines is to be done by way of remediation in any particular case.
Subject to the following provisions of this section, any person, or any of the persons, who caused or knowingly permitted the substances, or any of the substances, by reason of which the contaminated land in question is such land to be in, on or under that land is an appropriate person.
A person shall only be an appropriate person by virtue of subsection (2) above in relation to things which are to be done by way of remediation which are to any extent referable to substances which he caused or knowingly permitted to be present in, on or under the contaminated land in question.
If no person has, after reasonable inquiry, been found who is by virtue of subsection (2) above an appropriate person to bear responsibility for the things which are to be done by way of remediation, the owner or occupier for the time being of the contaminated land in question is an appropriate person.
If, in consequence of subsection (3) above, there are things which are to be done by way of remediation in relation to which no person has, after reasonable inquiry, been found who is an appropriate person by virtue of subsection (2) above, the owner or occupier for the time being of the contaminated land in question is an appropriate person in relation to those things.
But where the contaminated land is owned or occupied by the Crown by virtue of its having vested as bona vacantia in the Crown, or its having fallen to the Crown as ultimus haeres, the Crown is not an appropriate person under subsection (4) or (5) for the purposes of this Part.
Where two or more persons would, apart from this subsection, be appropriate persons in relation to any particular thing which is to be done by way of remediation, the enforcing authority shall determine in accordance with guidance issued for the purpose by the Secretary of State whether any, and if so which, of them is to be treated as not being an appropriate person in relation to that thing.
Where two or more persons are appropriate persons in relation to any particular thing which is to be done by way of remediation, they shall be liable to bear the cost of doing that thing in proportions determined by the enforcing authority in accordance with guidance issued for the purpose by the Secretary of State.
Any guidance issued for the purposes of subsection (6) or (7) above shall be issued in accordance with section 78YA below.
A person who has caused or knowingly permitted any substance (“substance A”) to be in, on or under any land shall also be taken for the purposes of this section to have caused or knowingly permitted there to be in, on or under that land any substance which is there as a result of a chemical reaction or biological process affecting substance A.
A thing which is to be done by way of remediation may be regarded for the purposes of this Part as referable to the presence of any substance notwithstanding that the thing in question would not have to be done—
in consequence only of the presence of that substance in any quantity; or
in consequence only of the quantity of that substance which any particular person caused or knowingly permitted to be present.
A remediation notice may require an appropriate person to do things by way of remediation, notwithstanding that he is not entitled to do those things.
Any person whose consent is required before any thing required by a remediation notice may be done shall grant, or join in granting, such rights in relation to any of the relevant land or waters as will enable the appropriate person to comply with any requirements imposed by the remediation notice.
Before serving a remediation notice, the enforcing authority shall reasonably endeavour to consult every person who appears to the authority— concerning the rights which that person may be so required to grant.
to be the owner or occupier of any of the relevant land or waters, and
to be a person who might be required by subsection (2) above to grant, or join in granting, any rights,
Subsection (3) above shall not preclude the service of a remediation notice in any case where it appears to the enforcing authority that the contaminated land in question is in such a condition, by reason of substances in, on or under the land, that there is imminent danger of serious harm, or serious pollution of controlled waters, being caused.
A person who grants, or joins in granting, any rights pursuant to subsection (2) above shall be entitled, on making an application within such period as may be prescribed and in such manner as may be prescribed to such person as may be prescribed, to be paid by the appropriate person compensation of such amount as may be determined in such manner as may be prescribed.
Without prejudice to the generality of the regulations that may be made by virtue of subsection (5) above, regulations by virtue of that subsection may make such provision in relation to compensation under this section as may be made by regulations by virtue of subsection (4) of section 35A above in relation to compensation under that section.
In this section, “relevant land or waters” means—
the contaminated land in question;
any controlled waters affected by that land; or
any land adjoining or adjacent to that land or those waters.
A remediation notice may require an appropriate person to do things by way of remediation, notwithstanding that he is not entitled to do those things.
Any person whose consent is required before any thing required by a remediation notice may be done shall grant, or join in granting, such rights in relation to any of the relevant land or water environment as will enable the appropriate person to comply with any requirements imposed by the remediation notice.
Before serving a remediation notice, the enforcing authority shall reasonably endeavour to consult every person who appears to the authority— concerning the rights which that person may be so required to grant.
to be the owner or occupier of any of the relevant land or water environment, and
to be a person who might be required by subsection (2) above to grant, or join in granting, any rights,
Subsection (3) above shall not preclude the service of a remediation notice in any case where it appears to the enforcing authority that the contaminated land in question is in such a condition, by reason of substances in, on or under the land, that there is imminent danger of serious harm, or serious pollution of the water environment, being caused.
A person who grants, or joins in granting, any rights pursuant to subsection (2) above shall be entitled, on making an application within such period as may be prescribed and in such manner as may be prescribed to such person as may be prescribed, to be paid by the appropriate person compensation of such amount as may be determined in such manner as may be prescribed.
Without prejudice to the generality of the regulations that may be made by virtue of subsection (5) above, regulations by virtue of that subsection may make such provision in relation to compensation under this section as may be made by regulations by virtue of subsection (4) of section 35A above in relation to compensation under that section.
In this section, “relevant land or water environment” means–
the contaminated land in question;
the water environment affected by that land; or
any land adjoining or adjacent to that land or water environment.
Before serving a remediation notice, the enforcing authority shall reasonably endeavour to consult— concerning what is to be done by way of remediation.
the person on whom the notice is to be served,
the owner of any land to which the notice relates,
any person who appears to that authority to be in occupation of the whole or any part of the land, and
any person of such other description as may be prescribed,
Regulations may make provision for, or in connection with, steps to be taken for the purposes of subsection (1) above.
No remediation notice shall be served on any person by reference to any contaminated land during any of the following periods, that is to say—
the period—
beginning with the identification of the contaminated land in question pursuant to section 78B(1) above, and
ending with the expiration of the period of three months beginning with the day on which the notice required by subsection (3)(d) or, as the case may be, (4) of section 78B above is given to that person in respect of that land;
if a decision falling within paragraph (b) of section 78C(1) above is made in relation to the contaminated land in question, the period beginning with the making of the decision and ending with the expiration of the period of three months beginning with—
in a case where the decision is not referred to the Secretary of State under section 78D above, the day on which the notice required by section 78C(6) above is given, or
in a case where the decision is referred to the Secretary of State under section 78D above, the day on which he gives the notice required by subsection (4)(b) of that section;
if the appropriate Agency gives a notice under subsection (4) of section 78C above to a local authority in relation to the contaminated land in question, the period beginning with the day on which that notice is given and ending with the expiration of the period of three months beginning with—
in a case where notice is given under subsection (6) of that section, the day on which that notice is given;
in a case where the authority makes a decision falling within subsection (5)(b) of that section and the appropriate Agency fails to give notice under paragraph (b) of section 78D(1) above, the day following the expiration of the period of twenty-one days mentioned in that paragraph; or
in a case where the authority makes a decision falling within section 78C(5)(b) above which is referred to the Secretary of State under section 78D above, the day on which the Secretary of State gives the notice required by subsection (4)(b) of that section.
Neither subsection (1) nor subsection (3) above shall preclude the service of a remediation notice in any case where it appears to the enforcing authority that the land in question is in such a condition, by reason of substances in, on or under the land, that there is imminent danger of serious harm, or serious pollution of controlled waters, being caused.
The enforcing authority shall not serve a remediation notice on a person if and so long as any one or more of the following conditions is for the time being satisfied in the particular case, that is to say—
the authority is satisfied, in consequence of section 78E(4) and (5) above, that there is nothing by way of remediation which could be specified in a remediation notice served on that person;
the authority is satisfied that appropriate things are being, or will be, done by way of remediation without the service of a remediation notice on that person;
it appears to the authority that the person on whom the notice would be served is the authority itself; or
the authority is satisfied that the powers conferred on it by section 78N below to do what is appropriate by way of remediation are exercisable.
Where the enforcing authority is precluded by virtue of section 78E(4) or (5) above from specifying in a remediation notice any particular thing by way of remediation which it would otherwise have specified in such a notice, the authority shall prepare and publish a document (in this Part referred to as a “remediation declaration”) which shall record—
the reasons why the authority would have specified that thing; and
the grounds on which the authority is satisfied that it is precluded from specifying that thing in such a notice.
In any case where the enforcing authority is precluded, by virtue of paragraph (b), (c) or (d) of subsection (5) above, from serving a remediation notice, the responsible person shall prepare and publish a document (in this Part referred to as a “remediation statement”) which shall record—
the things which are being, have been, or are expected to be, done by way of remediation in the particular case;
the name and address of the person who is doing, has done, or is expected to do, each of those things; and
the periods within which each of those things is being, or is expected to be, done.
For the purposes of subsection (7) above, the “responsible person” is—
in a case where the condition in paragraph (b) of subsection (5) above is satisfied, the person who is doing or has done, or who the enforcing authority is satisfied will do, the things there mentioned; or
in a case where the condition in paragraph (c) or (d) of that subsection is satisfied, the enforcing authority.
If a person who is required by virtue of subsection (8)(a) above to prepare and publish a remediation statement fails to do so within a reasonable time after the date on which a remediation notice specifying the things there mentioned could, apart from subsection (5) above, have been served, the enforcing authority may itself prepare and publish the statement and may recover its reasonable costs of doing so from that person.
Where the enforcing authority has been precluded by virtue only of subsection (5) above from serving a remediation notice on an appropriate person but— the authority shall serve a remediation notice on that person; and any such notice may be so served without any further endeavours by the authority to consult persons pursuant to subsection (1) above, if and to the extent that that person has been consulted pursuant to that subsection concerning the things which will be specified in the notice.
none of the conditions in that subsection is for the time being satisfied in the particular case, and
the authority is not precluded by any other provision of this Part from serving a remediation notice on that appropriate person,
Before serving a remediation notice, the enforcing authority shall reasonably endeavour to consult— concerning what is to be done by way of remediation.
the person on whom the notice is to be served,
the owner of any land to which the notice relates,
any person who appears to that authority to be in occupation of the whole or any part of the land, and
any person of such other description as may be prescribed,
Regulations may make provision for, or in connection with, steps to be taken for the purposes of subsection (1) above.
No remediation notice shall be served on any person by reference to any contaminated land during any of the following periods, that is to say—
the period—
beginning with the identification of the contaminated land in question pursuant to section 78B(1) above, and
ending with the expiration of the period of three months beginning with the day on which the notice required by subsection (3)(d) or, as the case may be, (4) of section 78B above is given to that person in respect of that land;
if a decision falling within paragraph (b) of section 78C(1) above is made in relation to the contaminated land in question, the period beginning with the making of the decision and ending with the expiration of the period of three months beginning with—
in a case where the decision is not referred to the Secretary of State under section 78D above, the day on which the notice required by section 78C(6) above is given, or
in a case where the decision is referred to the Secretary of State under section 78D above, the day on which he gives the notice required by subsection (4)(b) of that section;
if the appropriate Agency gives a notice under subsection (4) of section 78C above to a local authority in relation to the contaminated land in question, the period beginning with the day on which that notice is given and ending with the expiration of the period of three months beginning with—
in a case where notice is given under subsection (6) of that section, the day on which that notice is given;
in a case where the authority makes a decision falling within subsection (5)(b) of that section and the appropriate Agency fails to give notice under paragraph (b) of section 78D(1) above, the day following the expiration of the period of twenty-one days mentioned in that paragraph; or
in a case where the authority makes a decision falling within section 78C(5)(b) above which is referred to the Secretary of State under section 78D above, the day on which the Secretary of State gives the notice required by subsection (4)(b) of that section.
Neither subsection (1) nor subsection (3) above shall preclude the service of a remediation notice in any case where it appears to the enforcing authority that the land in question is in such a condition, by reason of substances in, on or under the land, that there is imminent danger of serious harm, or serious pollution of the water environment, being caused.
The enforcing authority shall not serve a remediation notice on a person if and so long as any one or more of the following conditions is for the time being satisfied in the particular case, that is to say—
the authority is satisfied, in consequence of section 78E(4) and (5) above, that there is nothing by way of remediation which could be specified in a remediation notice served on that person;
the authority is satisfied that appropriate things are being, or will be, done by way of remediation without the service of a remediation notice on that person;
it appears to the authority that the person on whom the notice would be served is the authority itself; or
the authority is satisfied that the powers conferred on it by section 78N below to do what is appropriate by way of remediation are exercisable.
Where the enforcing authority is precluded by virtue of section 78E(4) or (5) above from specifying in a remediation notice any particular thing by way of remediation which it would otherwise have specified in such a notice, the authority shall prepare and publish a document (in this Part referred to as a “remediation declaration”) which shall record—
the reasons why the authority would have specified that thing; and
the grounds on which the authority is satisfied that it is precluded from specifying that thing in such a notice.
In any case where the enforcing authority is precluded, by virtue of paragraph (b), (c) or (d) of subsection (5) above, from serving a remediation notice, the responsible person shall prepare and publish a document (in this Part referred to as a “remediation statement”) which shall record—
the things which are being, have been, or are expected to be, done by way of remediation in the particular case;
the name and address of the person who is doing, has done, or is expected to do, each of those things; and
the periods within which each of those things is being, or is expected to be, done.
For the purposes of subsection (7) above, the “responsible person” is—
in a case where the condition in paragraph (b) of subsection (5) above is satisfied, the person who is doing or has done, or who the enforcing authority is satisfied will do, the things there mentioned; or
in a case where the condition in paragraph (c) or (d) of that subsection is satisfied, the enforcing authority.
If a person who is required by virtue of subsection (8)(a) above to prepare and publish a remediation statement fails to do so within a reasonable time after the date on which a remediation notice specifying the things there mentioned could, apart from subsection (5) above, have been served, the enforcing authority may itself prepare and publish the statement and may recover its reasonable costs of doing so from that person.
Where the enforcing authority has been precluded by virtue only of subsection (5) above from serving a remediation notice on an appropriate person but— the authority shall serve a remediation notice on that person; and any such notice may be so served without any further endeavours by the authority to consult persons pursuant to subsection (1) above, if and to the extent that that person has been consulted pursuant to that subsection concerning the things which will be specified in the notice.
none of the conditions in that subsection is for the time being satisfied in the particular case, and
the authority is not precluded by any other provision of this Part from serving a remediation notice on that appropriate person,
This section applies where any land is contaminated land by virtue of paragraph (b) of subsection (2) of section 78A above (whether or not the land is also contaminated land by virtue of paragraph (a) of that subsection).
Where this section applies, no remediation notice given in consequence of the land in question being contaminated land shall require a person who is an appropriate person by virtue of section 78F(4) or (5) above to do anything by way of remediation to that or any other land, or any waters, which he could not have been required to do by such a notice had paragraph (b) of section 78A(2) above (and all other references to pollution of controlled waters) been omitted from this Part.
If, in a case where this section applies, a person permits, has permitted, or might permit, water from an abandoned mine or part of a mine— no remediation notice shall require him in consequence to do anything by way of remediation (whether to the contaminated land in question or to any other land or waters) which he could not have been required to do by such a notice had paragraph (b) of section 78A(2) above (and all other references to pollution of controlled waters) been omitted from this Part.
to enter any controlled waters, or
to reach a place from which it is or, as the case may be, was likely, in the opinion of the enforcing authority, to enter such waters,
Subsection (3) above shall not apply to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999.
In determining for the purposes of subsection (4) above whether a mine or part of a mine became abandoned before, on or after 31st December 1999 in a case where the mine or part has become abandoned on two or more occasions, of which— the mine or part shall be regarded as becoming abandoned after that date (but without prejudice to the operation of subsection (3) above in relation to that mine or part at, or in relation to, any time before the first of those occasions which falls after that date).
at least one falls on or before that date, and
at least one falls after that date,
Where, immediately before a part of a mine becomes abandoned, that part is the only part of the mine not falling to be regarded as abandoned for the time being, the abandonment of that part shall not be regarded for the purposes of subsection (4) or (5) above as constituting the abandonment of the mine, but only of that part of it.
Nothing in subsection (2) or (3) above prevents the enforcing authority from doing anything by way of remediation under section 78N below which it could have done apart from that subsection, but the authority shall not be entitled under section 78P below to recover from any person any part of the cost incurred by the authority in doing by way of remediation anything which it is precluded by subsection (2) or (3) above from requiring that person to do.
In this section “mine” has the same meaning as in the Mines and Quarries Act 1954.
This section applies where any land is contaminated land by virtue of paragraph (b) of subsection (2) of section 78A above (whether or not the land is also contaminated land by virtue of paragraph (a) of that subsection).
Where this section applies, no remediation notice given in consequence of the land in question being contaminated land shall require a person who is an appropriate person by virtue of section 78F(4) or (5) above to do anything by way of remediation to that or any other land, or the water environment, which he could not have been required to do by such a notice had paragraph (b) of section 78A(2) above (and all other references to pollution of the water environment) been omitted from this Part.
If, in a case where this section applies, a person permits, has permitted, or might permit, water from an abandoned mine or part of a mine— no remediation notice shall require him in consequence to do anything by way of remediation (whether to the contaminated land in question or to any other land or the water environment) which he could not have been required to do by such a notice had paragraph (b) of section 78A(2) above (and all other references to pollution of the water environment) been omitted from this Part.
to enter the water environment, or
to reach a place from which it is or, as the case may be, was likely, in the opinion of the enforcing authority, to enter the water environment,
Subsection (3) above shall not apply to the owner or former operator of any mine or part of a mine if the mine or part in question became abandoned after 31st December 1999.
In determining for the purposes of subsection (4) above whether a mine or part of a mine became abandoned before, on or after 31st December 1999 in a case where the mine or part has become abandoned on two or more occasions, of which— the mine or part shall be regarded as becoming abandoned after that date (but without prejudice to the operation of subsection (3) above in relation to that mine or part at, or in relation to, any time before the first of those occasions which falls after that date).
at least one falls on or before that date, and
at least one falls after that date,
Where, immediately before a part of a mine becomes abandoned, that part is the only part of the mine not falling to be regarded as abandoned for the time being, the abandonment of that part shall not be regarded for the purposes of subsection (4) or (5) above as constituting the abandonment of the mine, but only of that part of it.
Nothing in subsection (2) or (3) above prevents the enforcing authority from doing anything by way of remediation under section 78N below which it could have done apart from that subsection, but the authority shall not be entitled under section 78P below to recover from any person any part of the cost incurred by the authority in doing by way of remediation anything which it is precluded by subsection (2) or (3) above from requiring that person to do.
In this section “mine” has the same meaning as in the Mines and Quarries Act 1954.
A person who has caused or knowingly permitted any substances to be in, on or under any land shall also be taken for the purposes of this Part to have caused or, as the case may be, knowingly permitted those substances to be in, on or under any other land to which they appear to have escaped.
Subsections (3) and (4) below apply in any case where it appears that any substances are or have been in, on or under any land (in this section referred to as “land A”) as a result of their escape, whether directly or indirectly, from other land in, on or under which a person caused or knowingly permitted them to be.
Where this subsection applies, no remediation notice shall require a person— to do anything by way of remediation to any land or waters (other than land or waters of which he is the owner or occupier) in consequence of land A appearing to be in such a condition, by reason of the presence of those substances in, on or under it, that significant harm, or significant pollution of controlled waters, is being caused, or there is a significant possibility of such harm or pollution being caused.
who is the owner or occupier of land A, and
who has not caused or knowingly permitted the substances in question to be in, on or under that land,
Where this subsection applies, no remediation notice shall require a person— to do anything by way of remediation in consequence of any further land in, on or under which those substances or any of them appear to be or to have been present as a result of their escape from land A (“land B”) appearing to be in such a condition, by reason of the presence of those substances in, on or under it, that significant harm, or significant pollution of controlled waters, is being caused, or there is a significant possibility of such harm or pollution being caused, unless he is also the owner or occupier of land B.
who is the owner or occupier of land A, and
who has not caused or knowingly permitted the substances in question to be in, on or under that land,
In any case where— no remediation notice shall require person B to do anything by way of remediation to that other land in consequence of the apparent acts or omissions of person A, except to the extent that person B caused or knowingly permitted the escape.
a person (“person A”) has caused or knowingly permitted any substances to be in, on, or under any land,
another person (“person B”) who has not caused or knowingly permitted those substances to be in, on or under that land becomes the owner or occupier of that land, and
the substances, or any of the substances, mentioned in paragraph (a) above appear to have escaped to other land,
Nothing in subsection (3), (4) or (5) above prevents the enforcing authority from doing anything by way of remediation under section 78N below which it could have done apart from that subsection, but the authority shall not be entitled under section 78P below to recover from any person any part of the cost incurred by the authority in doing by way of remediation anything which it is precluded by subsection (3), (4) or (5) above from requiring that person to do.
In this section, “appear” means appear to the enforcing authority, and cognate expressions shall be construed accordingly.
A person who has caused or knowingly permitted any substances to be in, on or under any land shall also be taken for the purposes of this Part to have caused or, as the case may be, knowingly permitted those substances to be in, on or under any other land to which they appear to have escaped.
Subsections (3) and (4) below apply in any case where it appears that any substances are or have been in, on or under any land (in this section referred to as “land A”) as a result of their escape, whether directly or indirectly, from other land in, on or under which a person caused or knowingly permitted them to be.
Where this subsection applies, no remediation notice shall require a person— to do anything by way of remediation to any land or the water environment (other than land or the water environment of which he is the owner or occupier) in consequence of land A appearing to be in such a condition, by reason of the presence of those substances in, on or under it, that significant harm , or significant pollution of the water environment, is being caused, or there is a significant possibility of such harm or pollution being caused.
who is the owner or occupier of land A, and
who has not caused or knowingly permitted the substances in question to be in, on or under that land,
Where this subsection applies, no remediation notice shall require a person— to do anything by way of remediation in consequence of any further land in, on or under which those substances or any of them appear to be or to have been present as a result of their escape from land A (“land B”) appearing to be in such a condition, by reason of the presence of those substances in, on or under it, that significant harm, or significant pollution of the water environment, is being caused, or there is a significant possibility of such harm or pollution being caused, unless he is also the owner or occupier of land B.
who is the owner or occupier of land A, and
who has not caused or knowingly permitted the substances in question to be in, on or under that land,
In any case where— no remediation notice shall require person B to do anything by way of remediation to that other land in consequence of the apparent acts or omissions of person A, except to the extent that person B caused or knowingly permitted the escape.
a person (“person A”) has caused or knowingly permitted any substances to be in, on, or under any land,
another person (“person B”) who has not caused or knowingly permitted those substances to be in, on or under that land becomes the owner or occupier of that land, and
the substances, or any of the substances, mentioned in paragraph (a) above appear to have escaped to other land,
Nothing in subsection (3), (4) or (5) above prevents the enforcing authority from doing anything by way of remediation under section 78N below which it could have done apart from that subsection, but the authority shall not be entitled under section 78P below to recover from any person any part of the cost incurred by the authority in doing by way of remediation anything which it is precluded by subsection (3), (4) or (5) above from requiring that person to do.
In this section, “appear” means appear to the enforcing authority, and cognate expressions shall be construed accordingly.
A person on whom a remediation notice is served may, within the period of twenty-one days beginning with the day on which the notice is served, appeal against the notice— and in the following provisions of this section “the appellate authority” means the Secretary of State or the National Assembly for Wales, as the case may be.
if it was served by a local authority in England or by the Environment Agency , to the Secretary of State;
if it was served by a local authority in Wales or by the Natural Resources Body for Wales , to the National Assembly for Wales;
On any appeal under subsection (1) above the appellate authority—
shall quash the notice, if it is satisfied that there is a material defect in the notice; but
subject to that, may confirm the remediation notice, with or without modification, or quash it.
Where an appellate authority confirms a remediation notice, with or without modification, it may extend the period specified in the notice for doing what the notice requires to be done.
Regulations may make provision with respect to—
the grounds on which appeals under subsection (1) above may be made;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the procedure on an appeal under subsection (1) above . . .
Regulations under subsection (4) above may (among other things)—
include provisions comparable to those in section 290 of the Public Health Act 1936 (appeals against notices requiring the execution of works);
prescribe the cases in which a remediation notice is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;
prescribe the cases in which the decision on an appeal may in some respects be less favourable to the appellant than the remediation notice against which he is appealing;
prescribe the cases in which the appellant may claim that a remediation notice should have been served on some other person and prescribe the procedure to be followed in those cases;
make provision as respects—
the particulars to be included in the notice of appeal;
the persons on whom notice of appeal is to be served and the particulars, if any, which are to accompany the notice; and
the abandonment of an appeal;
make different provision for different cases or classes of case.
This section, . . . , is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).
A person on whom a remediation notice is served may, within the period of twenty-one days beginning with the day on which the notice is served, appeal against the notice— and in the following provisions of this section “the appellate authority” means the magistrates’ court, the sheriff or the Secretary of State, as the case may be.
if it was served by a local authority, to a magistrates’ court or, in Scotland, to the sheriff by way of summary application; or
if it was served by the appropriate Agency, to the Secretary of State;
On any appeal under subsection (1) above the appellate authority—
shall quash the notice, if it is satisfied that there is a material defect in the notice; but
subject to that, may confirm the remediation notice, with or without modification, or quash it.
Where an appellate authority confirms a remediation notice, with or without modification, it may extend the period specified in the notice for doing what the notice requires to be done.
Regulations may make provision with respect to—
the grounds on which appeals under subsection (1) above may be made;
the cases in which, grounds on which, court or tribunal to which, or person at whose instance, an appeal against a decision of a magistrates’ court or sheriff court in pursuance of an appeal under subsection (1) above shall lie; or
the procedure on an appeal under subsection (1) above or on an appeal by virtue of paragraph (b) above.
Regulations under subsection (4) above may (among other things)—
include provisions comparable to those in section 290 of the Public Health Act 1936 (appeals against notices requiring the execution of works);
prescribe the cases in which a remediation notice is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;
prescribe the cases in which the decision on an appeal may in some respects be less favourable to the appellant than the remediation notice against which he is appealing;
prescribe the cases in which the appellant may claim that a remediation notice should have been served on some other person and prescribe the procedure to be followed in those cases;
make provision as respects—
the particulars to be included in the notice of appeal;
the persons on whom notice of appeal is to be served and the particulars, if any, which are to accompany the notice; and
the abandonment of an appeal;
make different provision for different cases or classes of case.
This section, so far as relating to appeals to the Secretary of State, is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).
If a person on whom an enforcing authority serves a remediation notice fails, without reasonable excuse, to comply with any of the requirements of the notice, he shall be guilty of an offence.
Where the remediation notice in question is one which was required by section 78E(3) above to state, in relation to the requirement which has not been complied with, the proportion of the cost involved which the person charged with the offence is liable to bear, it shall be a defence for that person to prove that the only reason why he has not complied with the requirement is that one or more of the other persons who are liable to bear a proportion of that cost refused, or was not able, to comply with the requirement.
Except in a case falling within subsection (4) below, a person who commits an offence under subsection (1) above shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale and to a further fine of an amount equal to one-tenth of level 5 on the standard scale one-tenth of the greater of £5,000 or level 4 on the standard scale for each day on which the failure continues after conviction of the offence and before the enforcing authority has begun to exercise its powers by virtue of section 78N(3)(c) below.
A person who commits an offence under subsection (1) above in a case where the contaminated land to which the remediation notice relates is industrial, trade or business premises shall be liable on summary conviction to a fine not exceeding £20,000 or such greater sum as the Secretary of State may from time to time by order substitute a fine and to a further fine of an amount equal to one-tenth of that sum for each day on which the failure continues after conviction of the offence and before the enforcing authority has begun to exercise its powers by virtue of section 78N(3)(c) below.
If the enforcing authority is of the opinion that proceedings for an offence under this section would afford an ineffectual remedy against a person who has failed to comply with any of the requirements of a remediation notice which that authority has served on him, that authority may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction, for the purpose of securing compliance with the remediation notice.
In this section, “industrial, trade or business premises” means premises used for any industrial, trade or business purposes or premises not so used on which matter is burnt in connection with any industrial, trade or business process, and premises are used for industrial purposes where they are used for the purposes of any treatment or process as well as where they are used for the purpose of manufacturing.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where this section applies, the enforcing authority shall itself have power, in a case falling within paragraph (a) or (b) of section 78E(1) above, to do what is appropriate by way of remediation to the relevant land or waters.
Subsection (1) above shall not confer power on the enforcing authority to do anything by way of remediation if the authority would, in the particular case, be precluded by section 78YB below from serving a remediation notice requiring that thing to be done.
This section applies in each of the following cases, that is to say—
where the enforcing authority considers it necessary to do anything itself by way of remediation for the purpose of preventing the occurrence of any serious harm, or serious pollution of controlled waters, of which there is imminent danger;
where an appropriate person has entered into a written agreement with the enforcing authority for that authority to do, at the cost of that person, that which he would otherwise be required to do under this Part by way of remediation;
where a person on whom the enforcing authority serves a remediation notice fails to comply with any of the requirements of the notice;
where the enforcing authority is precluded by section 78J or 78K above from including something by way of remediation in a remediation notice;
where the enforcing authority considers that, were it to do some particular thing by way of remediation, it would decide, by virtue of subsection (2) of section 78P below or any guidance issued under that subsection,—
not to seek to recover under subsection (1) of that section any of the reasonable cost incurred by it in doing that thing; or
to seek so to recover only a portion of that cost;
where no person has, after reasonable inquiry, been found who is an appropriate person in relation to any particular thing.
Subject to section 78E(4) and (5) above, for the purposes of this section, the things which it is appropriate for the enforcing authority to do by way of remediation are—
in a case falling within paragraph (a) of subsection (3) above, anything by way of remediation which the enforcing authority considers necessary for the purpose mentioned in that paragraph;
in a case falling within paragraph (b) of that subsection, anything specified in, or determined under, the agreement mentioned in that paragraph;
in a case falling within paragraph (c) of that subsection, anything which the person mentioned in that paragraph was required to do by virtue of the remediation notice;
in a case falling within paragraph (d) of that subsection, anything by way of remediation which the enforcing authority is precluded by section 78J or 78K above from including in a remediation notice;
in a case falling within paragraph (e) or (f) of that subsection, the particular thing mentioned in the paragraph in question.
In this section “the relevant land or waters” means—
the contaminated land in question;
any controlled waters affected by that land; or
any land adjoining or adjacent to that land or those waters.
Where this section applies, the enforcing authority shall itself have power, in a case falling within paragraph (a) or (b) of section 78E(1) above, to do what is appropriate by way of remediation to the relevant land or the water environment.
Subsection (1) above shall not confer power on the enforcing authority to do anything by way of remediation if the authority would, in the particular case, be precluded by section 78YB below from serving a remediation notice requiring that thing to be done.
This section applies in each of the following cases, that is to say—
where the enforcing authority considers it necessary to do anything itself by way of remediation for the purpose of preventing the occurrence of any serious harm, or serious pollution of the water environment, of which there is imminent danger;
where an appropriate person has entered into a written agreement with the enforcing authority for that authority to do, at the cost of that person, that which he would otherwise be required to do under this Part by way of remediation;
where a person on whom the enforcing authority serves a remediation notice fails to comply with any of the requirements of the notice;
where the enforcing authority is precluded by section 78J or 78K above from including something by way of remediation in a remediation notice;
where the enforcing authority considers that, were it to do some particular thing by way of remediation, it would decide, by virtue of subsection (2) of section 78P below or any guidance issued under that subsection,—
not to seek to recover under subsection (1) of that section any of the reasonable cost incurred by it in doing that thing; or
to seek so to recover only a portion of that cost;
where no person has, after reasonable inquiry, been found who is an appropriate person in relation to any particular thing.
Subject to section 78E(4) and (5) above, for the purposes of this section, the things which it is appropriate for the enforcing authority to do by way of remediation are—
in a case falling within paragraph (a) of subsection (3) above, anything by way of remediation which the enforcing authority considers necessary for the purpose mentioned in that paragraph;
in a case falling within paragraph (b) of that subsection, anything specified in, or determined under, the agreement mentioned in that paragraph;
in a case falling within paragraph (c) of that subsection, anything which the person mentioned in that paragraph was required to do by virtue of the remediation notice;
in a case falling within paragraph (d) of that subsection, anything by way of remediation which the enforcing authority is precluded by section 78J or 78K above from including in a remediation notice;
in a case falling within paragraph (e) or (f) of that subsection, the particular thing mentioned in the paragraph in question.
In this section “relevant land or water environment” means–
the contaminated land in question;
the water environment affected by that land; or
any land adjoining or adjacent to that land or that water environment.
Where, by virtue of section 78N(3)(a), (c), (e) or (f) above, the enforcing authority does any particular thing by way of remediation, it shall be entitled, subject to sections 78J(7) and 78K(6) above, to recover the reasonable cost incurred in doing it from the appropriate person or, if there are two or more appropriate persons in relation to the thing in question, from those persons in proportions determined pursuant to section 78F(7) above.
In deciding whether to recover the cost, and, if so, how much of the cost, which it is entitled to recover under subsection (1) above, the enforcing authority shall have regard—
to any hardship which the recovery may cause to the person from whom the cost is recoverable; and
to any guidance issued by the Secretary of State for the purposes of this subsection.
Subsection (4) below shall apply in any case where—
any cost is recoverable under subsection (1) above from a person—
who is the owner of any premises which consist of or include the contaminated land in question; and
who caused or knowingly permitted the substances, or any of the substances, by reason of which the land is contaminated land to be in, on or under the land; and
the enforcing authority serves a notice under this subsection (in this Part referred to as a “charging notice”) on that person.
Where this subsection applies—
the cost shall carry interest, at such reasonable rate as the enforcing authority may determine, from the date of service of the notice until the whole amount is paid; and
subject to the following provisions of this section, the cost and accrued interest shall be a charge on the premises mentioned in subsection (3)(a)(i) above.
A charging notice shall—
specify the amount of the cost which the enforcing authority claims is recoverable;
state the effect of subsection (4) above and the rate of interest determined by the authority under that subsection; and
state the effect of subsections (7) and (8) below.
On the date on which an enforcing authority serves a charging notice on a person, the authority shall also serve a copy of the notice on every other person who, to the knowledge of the authority, has an interest in the premises capable of being affected by the charge.
Subject to any order under subsection (9)(b) or (c) below, the amount of any cost specified in a charging notice and the accrued interest shall be a charge on the premises— until the cost and interest are recovered.
as from the end of the period of twenty-one days beginning with the service of the charging notice, or
where an appeal is brought under subsection (8) below, as from the final determination or (as the case may be) the withdrawal, of the appeal,
A person served with a charging notice or a copy of a charging notice may appeal against the notice to the county court within the period of twenty-one days beginning with the date of service.
On an appeal under subsection (8) above, the court may—
confirm the notice without modification;
order that the notice is to have effect with the substitution of a different amount for the amount originally specified in it; or
order that the notice is to be of no effect.
Regulations may make provision with respect to—
the grounds on which appeals under this section may be made; or
the procedure on any such appeal.
An enforcing authority shall, for the purpose of enforcing a charge under this section, have all the same powers and remedies under the Law of Property Act 1925, and otherwise, as if it were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.
Where any cost is a charge on premises under this section, the enforcing authority may by order declare the cost to be payable with interest by instalments within the specified period until the whole amount is paid.
In subsection (12) above—
Subsections (3) to (13) above do not extend to Scotland.
If, in a case where a local authority has served a remediation notice, the contaminated land in question becomes a special site, the appropriate Agency may adopt the remediation notice and, if it does so,—
it shall give notice of its decision to adopt the remediation notice to the appropriate person and to the local authority;
the remediation notice shall have effect, as from the time at which the appropriate Agency decides to adopt it, as a remediation notice given by that Agency; and
the validity of the remediation notice shall not be affected by—
the contaminated land having become a special site;
the adoption of the remediation notice by the appropriate Agency; or
anything in paragraph (b) above.
Where a local authority has, by virtue of section 78N above, begun to do any thing, or any series of things, by way of remediation—
the authority may continue doing that thing, or that series of things, by virtue of that section, notwithstanding that the contaminated land in question becomes a special site; and
section 78P above shall apply in relation to the reasonable cost incurred by the authority in doing that thing or those things as if that authority were the enforcing authority.
If and so long as any land is a special site, the appropriate Agency may from time to time inspect that land for the purpose of keeping its condition under review.
If it appears to the appropriate Agency that a special site is no longer land which is required to be designated as such a site, the appropriate Agency may give notice— terminating the designation of the land in question as a special site as from such date as may be specified in the notice.
to the Secretary of State, and
to the local authority in whose area the site is situated,
A notice under subsection (4) above shall not prevent the land, or any of the land, to which the notice relates being designated as a special site on a subsequent occasion.
In exercising its functions under subsection (3) or (4) above, the appropriate Agency shall act in accordance with any guidance given for the purpose by the Secretary of State.
Subsection (2) applies where—
a local authority has given notice under section 78B above that land in its area has been identified as contaminated land;
the land is not designated as a special site by virtue of section 78C(7) or 78D(6) above; and
the local authority is satisfied that the land is no longer contaminated land.
The local authority may give notice (a “non-contamination notice”) that the land is no longer contaminated land to—
the appropriate Agency;
the owner of the land;
any person who appears to the local authority to be in occupation of the land;
each person who appears to the authority to be an appropriate person.
Where a non-contamination notice is given in respect of land—
the notice mentioned in subsection (1) above ceases to have effect (and accordingly the land is no longer identified as contaminated land for the purposes of this Part);
no remediation notice may be served in respect of the land;
any remediation notice in force in respect of the land at the time the non-contamination notice is given ceases to have effect (except to the extent that the non-contamination notice provides otherwise); and
no proceedings may be begun against a person for an offence under section 78M(1) above in respect of such a remediation notice except in relation to a provision of the notice which continues to have effect by virtue of paragraph (c) above.
A non-contamination notice shall not prevent the land, or any of the land, to which the notice relates being identified as contaminated land on a subsequent occasion.
Where land, or any of the land, to which a non-contamination notice relates is subsequently identified as contaminated land, or is subsequently designated as a special site by virtue of section 78C(7) or 78D(6), subsection (3)(b) above does not prevent a remediation notice being served in respect of the land.
Where a local authority gives a non-contamination notice, it must keep (in such form as it thinks fit) a record of—
details of the land to which the notice relates;
its reasons for giving the notice; and
the date of—
the notice mentioned in subsection (1) above;
service of the non-contamination notice.
Subsection (8) of section 78R below applies to records kept under subsection (6) above as it applies to registers maintained by enforcing authorities under that section; and for that purpose, the reference to entries is to be read as if it were a reference to information in such records.
In performing its function under subsection (2) above, a local authority must have regard to any guidance issued by the Scottish Ministers in accordance with section 78YA below.
In this section, references to land in respect of which a non-contamination notice is given include references to part of that land.
Every enforcing authority shall maintain a register containing prescribed particulars of or relating to— but that duty is subject to sections 78S and 78T below.
remediation notices served by that authority;
appeals against any such remediation notices;
remediation statements or remediation declarations prepared and published under section 78H above;
in relation to an enforcing authority in England and Wales, appeals against charging notices served by that authority;
notices under subsection (1)(b) or (5)(a) of section 78C above which have effect by virtue of subsection (7) of that section as the designation of any land as a special site;
notices under subsection (4)(b) of section 78D above which have effect by virtue of subsection (6) of that section as the designation of any land as a special site;
notices given by or to the enforcing authority under section 78Q(4) above terminating the designation of any land as a special site;
notifications given to that authority by persons— of what they claim has been done by them by way of remediation;
on whom a remediation notice has been served, or
who are or were required by virtue of section 78H(8)(a) above to prepare and publish a remediation statement,
notifications given to that authority by owners or occupiers of land— of what they claim has been done on the land in question by way of remediation;
in respect of which a remediation notice has been served, or
in respect of which a remediation statement has been prepared and published,
convictions for such offences under section 78M above as may be prescribed;
such other matters relating to contaminated land as may be prescribed;
The form of, and the descriptions of information to be contained in, notifications for the purposes of subsection (1)(h) or (j) above may be prescribed by the Secretary of State.
No entry made in a register by virtue of subsection (1)(h) or (j) above constitutes a representation by the body maintaining the register or, in a case where the entry is made by virtue of subsection (6) below, the authority which sent the copy of the particulars in question pursuant to subsection (4) or (5) below—
that what is stated in the entry to have been done has in fact been done; or
as to the manner in which it has been done.
Where any particulars are entered on a register maintained under this section by the appropriate Agency, the appropriate Agency shall send a copy of those particulars to the local authority in whose area is situated the land to which the particulars relate.
In any case where— that authority shall send a copy of those particulars to the local authority in whose area the land is in fact situated.
any land is treated by virtue of section 78X(2) below as situated in the area of a local authority other than the local authority in whose area it is in fact situated, and
any particulars relating to that land are entered on the register maintained under this section by the local authority in whose area the land is so treated as situated,
Where a local authority receives a copy of any particulars sent to it pursuant to subsection (4) or (5) above, it shall enter those particulars on the register maintained by it under this section.
Where information of any description is excluded by virtue of section 78T below from any register maintained under this section, a statement shall be entered in the register indicating the existence of information of that description.
It shall be the duty of each enforcing authority— and, for the purposes of this subsection, places may be prescribed by the Secretary of State at which any such registers or facilities as are mentioned in paragraph (a) or (b) above are to be available or afforded to the public in pursuance of the paragraph in question.
to secure that the registers maintained by it under this section are available, at all reasonable times, for inspection by the public free of charge; and
to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges;
Registers under this section may be kept in any form.
No information shall be included in a register maintained under section 78R above if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or information of that description, would be contrary to the interests of national security.
The Secretary of State may, for the purpose of securing the exclusion from registers of information to which subsection (1) above applies, give to enforcing authorities directions— and no information referred to the Secretary of State in pursuance of paragraph (b) above shall be included in any such register until the Secretary of State determines that it should be so included.
specifying information, or descriptions of information, to be excluded from their registers; or
specifying descriptions of information to be referred to the Secretary of State for his determination;
The enforcing authority shall notify the Secretary of State of any information which it excludes from the register in pursuance of directions under subsection (2) above.
A person may, as respects any information which appears to him to be information to which subsection (1) above may apply, give a notice to the Secretary of State specifying the information and indicating its apparent nature; and, if he does so—
he shall notify the enforcing authority that he has done so; and
no information so notified to the Secretary of State shall be included in any such register until the Secretary of State has determined that it should be so included.
No information relating to the affairs of any individual or business shall be included in a register maintained under section 78R above, without the consent of that individual or the person for the time being carrying on that business, if and so long as the information— but information is not commercially confidential for the purposes of this section unless it is determined under this section to be so by the enforcing authority or, on appeal, by the Secretary of State.
is, in relation to him, commercially confidential; and
is not required to be included in the register in pursuance of directions under subsection (7) below;
Where it appears to an enforcing authority that any information which has been obtained by the authority under or by virtue of any provision of this Part might be commercially confidential, the authority shall— and, if any representations are made, the enforcing authority shall, having taken the representations into account, determine whether the information is or is not commercially confidential.
give to the person to whom or whose business it relates notice that that information is required to be included in the register unless excluded under this section; and
give him a reasonable opportunity—
of objecting to the inclusion of the information on the ground that it is commercially confidential; and
of making representations to the authority for the purpose of justifying any such objection;
Where, under subsection (2) above, an authority determines that information is not commercially confidential— and, where an appeal is brought in respect of any information, the information shall not be entered in the register until the end of the period of seven days following the day on which the appeal is finally determined or withdrawn.
the information shall not be entered in the register until the end of the period of twenty-one days beginning with the date on which the determination is notified to the person concerned;
that person may appeal to the Secretary of State against the decision;
An appeal under subsection (3) above shall, if either party to the appeal so requests or the Secretary of State so decides, take or continue in the form of a hearing (which must be held in private).
Subsection (10) of section 15 above shall apply in relation to an appeal under subsection (3) above as it applies in relation to an appeal under that section.
Subsection (3) above is subject to section 114 of the Environment Act 1995 (delegation or reference of appeals etc).
The Secretary of State may give to the enforcing authorities directions as to specified information, or descriptions of information, which the public interest requires to be included in registers maintained under section 78R above notwithstanding that the information may be commercially confidential.
Information excluded from a register shall be treated as ceasing to be commercially confidential for the purposes of this section at the expiry of the period of four years beginning with the date of the determination by virtue of which it was excluded; but the person who furnished it may apply to the authority for the information to remain excluded from the register on the ground that it is still commercially confidential and the authority shall determine whether or not that is the case.
Subsections (3) to (6) above shall apply in relation to a determination under subsection (8) above as they apply in relation to a determination under subsection (2) above.
Information is, for the purposes of any determination under this section, commercially confidential, in relation to any individual or person, if its being contained in the register would prejudice to an unreasonable degree the commercial interests of that individual or person.
For the purposes of subsection (10) above, there shall be disregarded any prejudice to the commercial interests of any individual or person so far as relating only to the value of the contaminated land in question or otherwise to the ownership or occupation of that land.
Subsection (2) applies where a local authority has entered in a register maintained under section 78R above particulars of or relating to notices mentioned in paragraph (e) or (f) of subsection (1) of that section.
The local authority may remove the particulars from the register.
Particulars may be removed under subsection (2) above only if—
the Scottish Environment Protection Agency has given the local authority a notice under section 78Q(4) above that the land to which the notices relate is no longer land which is required to be designated as a special site; and
the date specified in the notice given under that section has passed.
Where a local authority removes particulars from a register under subsection (2) above, it must keep (in such form as it thinks fit) a record of—
the particulars that have been removed;
its reasons for removing them; and
the date on which the particulars—
were originally entered in the register; and
were removed.
Subsection (8) of section 78R above applies to records kept under subsection (4) above as it applies to registers maintained by enforcing authorities under that section; and for that purpose, the reference to entries is to be read as if it were a reference to information in such records.
In performing its functions under subsection (4) above, a local authority must have regard to any guidance issued by the Scottish Ministers in accordance with section 78YA below.
Where a local authority removes particulars from a register under subsection (2) above, it must give notice of such removal to—
the Scottish Environment Protection Agency;
any person who is the owner of land designated as a special site by a notice to which the particulars relate;
any person who appears to the local authority to be in occupation of the whole or any part of that land;
each person—
who appears to the Scottish Environment Protection Agency to be an appropriate person in relation to that land; and
in respect of whom details have been given by the Scottish Environment Protection Agency to the local authority sufficient to enable notice of such removal to be given; and
each person who appears to the local authority to be an appropriate person in relation to that land.
Where a local authority removes particulars from a register under section 78TA(2) above—
any remediation notice relating to the land ceases to have effect; and
no proceedings may be begun against a person for an offence under section 78M(1) above in respect of any remediation notice relating to the land.
In subsection (1), “the land” means land designated as a special site by a notice to which the particulars mentioned in that subsection relate.
The appropriate Agency shall— prepare and publish a report on the state of contaminated land in England, Wales or Scotland , as the case may be.
from time to time, or
if the Secretary of State at any time so requests,
A local authority shall, at the written request of the appropriate Agency, furnish the appropriate Agency with such information to which this subsection applies as the appropriate Agency may require for the purpose of enabling it to perform its functions under subsection (1) above.
The information to which subsection (2) above applies is such information as the local authority may have, or may reasonably be expected to obtain, with respect to the condition of contaminated land in its area, being information which the authority has acquired or may acquire in the exercise of its functions under this Part.
The appropriate Agency may issue guidance to any local authority with respect to the exercise or performance of the authority’s powers or duties under this Part in relation to any particular contaminated land; and in exercising or performing those powers or duties in relation to that land the authority shall have regard to any such guidance so issued.
If and to the extent that any guidance issued under subsection (1) above to a local authority is inconsistent with any guidance issued under this Part by the Secretary of State, the local authority shall disregard the guidance under that subsection.
A local authority shall, at the written request of the appropriate Agency, furnish the appropriate Agency with such information to which this subsection applies as the appropriate Agency may require for the purpose of enabling it to issue guidance for the purposes of subsection (1) above.
The information to which subsection (3) above applies is such information as the local authority may have, or may reasonably be expected to obtain, with respect to any contaminated land in its area, being information which the authority has acquired, or may acquire, in the exercise of its functions under this Part.
The Secretary of State may issue guidance to the appropriate Agency with respect to the exercise or performance of that Agency’s powers or duties under this Part; and in exercising or performing those powers or duties the appropriate Agency shall have regard to any such guidance so issued.
The duty imposed on the appropriate Agency by subsection (1) above is without prejudice to any duty imposed by any other provision of this Part on that Agency to act in accordance with guidance issued by the Secretary of State.
Where it appears to a local authority that two or more different sites, when considered together, are in such a condition, by reason of substances in, on or under the land, that— this Part shall apply in relation to each of those sites, whether or not the condition of the land at any of them, when considered alone, appears to the authority to be such that significant harm, or significant pollution of controlled waters, is being caused, or there is a significant possibility of such harm or pollution being caused.
significant harm is being caused or there is a significant possibility of such harm being caused, or
significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused,
Where it appears to a local authority that any land outside, but adjoining or adjacent to, its area is in such a condition, by reason of substances in, on or under the land, that significant harm, or significant pollution of controlled waters, is being caused, or there is a significant possibility of such harm or pollution being caused within its area— but this subsection is without prejudice to the functions of the local authority in whose area the land is in fact situated.
the authority may, in exercising its functions under this Part, treat that land as if it were land situated within its area; and
except in this subsection, any reference— shall be construed accordingly;
to land within the area of a local authority, or
to the local authority in whose area any land is situated,
A person acting in a relevant capacity—
shall not thereby be personally liable, under this Part, to bear the whole or any part of the cost of doing any thing by way of remediation, unless that thing is to any extent referable to substances whose presence in, on or under the contaminated land in question is a result of any act done or omission made by him which it was unreasonable for a person acting in that capacity to do or make; and
shall not thereby be guilty of an offence under or by virtue of section 78M above unless the requirement which has not been complied with is a requirement to do some particular thing for which he is personally liable to bear the whole or any part of the cost.
In subsection (3) above, “person acting in a relevant capacity” means—
a person acting as an insolvency practitioner, within the meaning of section 388 of the Insolvency Act 1986 (including that section as it applies in relation to an insolvent partnership by virtue of any order made under section 421 of that Act);
the official receiver acting in a capacity in which he would be regarded as acting as an insolvency practitioner within the meaning of section 388 of the Insolvency Act 1986 if subsection (5) of that section were disregarded;
the official receiver acting as receiver or manager;
a person acting as a special manager under section 177 or 370 of the Insolvency Act 1986;
the Accountant in Bankruptcy acting as trustee or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 2016 );
a person acting as a receiver or receiver and manager—
under or by virtue of any enactment; or
by virtue of his appointment as such by an order of a court or by any other instrument.
Regulations may make different provision for different cases or circumstances.
Where it appears to a local authority that two or more different sites, when considered together, are in such a condition, by reason of substances in, on or under the land, that— this Part shall apply in relation to each of those sites, whether or not the condition of the land at any of them, when considered alone, appears to the authority to be such that significant harm , or significant pollution of the water environment, is being caused, or there is a significant possibility of such harm or pollution being caused.
significant harm is being caused or there is a significant possibility of such harm being caused, or
significant pollution of the water environment, is being caused, or there is a significant possibility of such pollution being caused,
Where it appears to a local authority that any land outside, but adjoining or adjacent to, its area is in such a condition, by reason of substances in, on or under the land, that significant harm , or significant pollution of the water environment, is being caused, or there is a significant possibility of such harm or pollution being caused within its area— but this subsection is without prejudice to the functions of the local authority in whose area the land is in fact situated.
the authority may, in exercising its functions under this Part, treat that land as if it were land situated within its area; and
except in this subsection, any reference— shall be construed accordingly;
to land within the area of a local authority, or
to the local authority in whose area any land is situated,
A person acting in a relevant capacity—
shall not thereby be personally liable, under this Part, to bear the whole or any part of the cost of doing any thing by way of remediation, unless that thing is to any extent referable to substances whose presence in, on or under the contaminated land in question is a result of any act done or omission made by him which it was unreasonable for a person acting in that capacity to do or make; and
shall not thereby be guilty of an offence under or by virtue of section 78M above unless the requirement which has not been complied with is a requirement to do some particular thing for which he is personally liable to bear the whole or any part of the cost.
In subsection (3) above, “person acting in a relevant capacity” means—
a person acting as an insolvency practitioner, within the meaning of section 388 of the Insolvency Act 1986 (including that section as it applies in relation to an insolvent partnership by virtue of any order made under section 421 of that Act);
the official receiver acting in a capacity in which he would be regarded as acting as an insolvency practitioner within the meaning of section 388 of the Insolvency Act 1986 if subsection (5) of that section were disregarded;
the official receiver acting as receiver or manager;
a person acting as a special manager under section 177 or 370 of the Insolvency Act 1986;
the Accountant in Bankruptcy acting as trustee or interim trustee in a sequestration (within the meaning of the Bankruptcy (Scotland) Act 2016);
a person acting as a receiver or receiver and manager—
under or by virtue of any enactment; or
by virtue of his appointment as such by an order of a court or by any other instrument.
in relation to property and rights that have vested as bona vacantia in the Crown, or that have fallen to the Crown as ultimus haeres, the Queen's and Lord Treasurer's Remembrancer.
In subsection (4)(f)(i) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
Regulations may make different provision for different cases or circumstances.
Subject to the provisions of any order under this section, this Part shall not apply in relation to the Isles of Scilly.
The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Part to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order.
An order under this section may—
make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.
Any power of the Secretary of State to issue guidance under this Part shall only be exercisable after consultation with the appropriate Agency and such other bodies or persons as he may consider it appropriate to consult in relation to the guidance in question.
A draft of any guidance proposed to be issued under section 78A(2) or (5), 78B(2) or 78F(6) or (7) above shall be laid before each House of Parliament and the guidance shall not be issued until after the period of 40 days beginning with the day on which the draft was so laid or, if the draft is laid on different days, the later of the two days.
If, within the period mentioned in subsection (2) above, either House resolves that the guidance, the draft of which was laid before it, should not be issued, the Secretary of State shall not issue that guidance.
In reckoning any period of 40 days for the purposes of subsection (2) or (3) above, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
Subsections (2) to (4) shall not apply in respect of a draft of any guidance to be issued under section 78A(2) or (5), 78B(2) or 78F(6) or (7) above which relates only to Scotland and such a draft, and a draft of any guidance referred to in section 78QA(8) or section 78TA(6) above, shall be laid before the Scottish Parliament and shall not be issued until after the end of the period of 40 days beginning with the day on which the draft was so laid.
If within the period mentioned in subsection (4A) above the Scottish Parliament resolves that the guidance, the draft of which was laid before it, should not be issued, the Scottish Ministers shall not issue that guidance.
In reckoning any period of 40 days for the purposes of subsection (4A) or (4B) above no account shall be taken of any time during which the Scottish Parliament is dissolved or is in recess for more than 4 days.
The Secretary of State shall arrange for any guidance issued by him under this Part to be published in such manner as he considers appropriate.
This Part shall not apply if and to the extent that—
any significant harm, or pollution of controlled waters, by reason of which land would otherwise fall to be regarded as contaminated, is attributable to the operation of a regulated facility; and
enforcement action may be taken in relation to that harm or significant pollution.
If, in a case falling within subsection (1) or (7) of section 59 , section 59ZA(1), 59ZB(1) or (8) or 59ZC(1) above, the land in question is contaminated land, or becomes such land by reason of the deposit , keeping or disposal of the controlled waste in question, a remediation notice shall not be served in respect of that land by reason of that waste or any consequences of its deposit , keeping or disposal, if and to the extent that it appears to the enforcing authority that the powers of a waste regulation authority or waste collection authority under section 59, 59ZA, 59ZB or 59ZC (as the case may be) may be exercised in relation to that waste or the consequences of its deposit , keeping or disposal.
No remediation notice shall require a person to do anything the effect of which would be to impede or prevent the making of a discharge in pursuance of an environmental permit or, in relation to Scotland, in pursuance of a consent given under Part II of the Control of Pollution Act 1974.
In this section—
A remediation notice shall not be served if and to the extent that it appears to the enforcing authority that the powers of the appropriate Agency under section 27 above may be exercised in relation to— by reason of which the contaminated land in question is such land.
the significant harm (if any), and
the significant pollution of the water environment (if any),
A remediation notice shall not be served if and to the extent that it appears to the enforcing authority that—
the significant harm (if any), or the significant harm to the water environment (if any), by reason of which the contaminated land in question is such land, is as a result of any activity to which the Environmental Authorisations (Scotland) Regulations 2018 (“the 2018 Regulations”) apply, and
one or more of the following sub-paragraphs apply—
the activity is authorised under the 2018 Regulations,
the Scottish Environment Protection Agency has served, or has advised the enforcing authority that it intends to serve, either a notice under regulation 31 (revocation notice), regulation 46(2) (regulatory notice), or paragraph 14(2) of schedule 1 (surrender notice of the 2018 Regulations requiring steps to be taken to prevent, mitigate or remedy the harm referred to in sub-paragraph (a)),
the Scottish Environment Protection Agency has taken, is taking or has advised the enforcing authority that it intends to take, steps to prevent, mitigate or remedy the harm in question (or has secured, is securing, or has advised the enforcing authority that it intends to secure, the taking of such steps) under regulation 62 (action by SEPA) of the 2018 Regulations,
an order has been made under regulation 75 (powers of the court to order offence to be remedied) of the 2018 Regulations requiring steps to be taken to remedy or mitigate the harm.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If, in a case falling within subsection (1) or (7) of section 59 above, the land in question is contaminated land, or becomes such land by reason of the deposit of the controlled waste in question, a remediation notice shall not be served in respect of that land by reason of that waste or any consequences of its deposit, if and to the extent that it appears to the enforcing authority that the powers of a waste regulation authority or waste collection authority under that section may be exercised in relation to that waste or the consequences of its deposit.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Except as provided by regulations, nothing in this Part applies in relation to harm, or pollution of controlled waters, so far as attributable to any radioactivity possessed by any substance; but regulations may—
provide for prescribed provisions of this Part to have effect with such modifications as the Secretary of State considers appropriate for the purpose of dealing with harm, or pollution of controlled waters, so far as attributable to any radioactivity possessed by any substances; or
make such modifications of the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) or any Act or other enactment as the Secretary of State considers appropriate.
Except as provided by regulations, nothing in this Part applies in relation to harm, or pollution of controlled waters, so far as attributable to any radioactivity possessed by any substance; but regulations may—
provide for prescribed provisions of this Part to have effect with such modifications as the Secretary of State considers appropriate for the purpose of dealing with harm, or pollution of the water environment, so far as attributable to any radioactivity possessed by any substances; or
make such modifications of the Radioactive Substances Act 1993 or any other Act as the Secretary of State considers appropriate.
The following provisions have effect for the purposes of this Part.
In England and Wales the following are “principal litter authorities”— but the Secretary of State may, by order, designate other descriptions of local authorities as litter authorities for the purposes of this Part; and any such authority shall also be a principal litter authority.
a county council,
a district council,
a county borough council,
a London borough council,
the Common Council of the City of London, and
the Council of the Isles of Scilly;
In Scotland the following are “principal litter authorities”—
a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994
a district or islands council; and
a joint board.
Subject to subsection (8) below, land is “relevant land” of a principal litter authority if, not being relevant land falling within subsection (7) below, it is open to the air and is land (but not a highway or in Scotland a public road) which is under the direct control of such an authority to which the public are entitled or permitted to have access with or without payment.
Land is “Crown land” if it is land— is “relevant Crown land” if it is Crown land which is open to the air and is land (but not a highway or in Scotland a public road) to which the public are entitled or permitted to have access with or without payment; and “the appropriate Crown authority” for any Crown land is the Crown Estate Commissioners, the Minister in charge of the government department or the body which occupies or manages the land on the Crown’s behalf, as the case may be.
occupied by the Crown Estate Commissioners as part of the Crown Estate,
occupied by or for the purposes of a government department or for naval, military or air force purposes, or
occupied or managed by any body acting on behalf of the Crown;
Subject to subsection (8) below, land is “relevant land” of a designated statutory undertaker if it is land which is under the direct control of any statutory undertaker or statutory undertaker of any description which may be designated by the Secretary of State, by order, for the purposes of this Part, being land to which the public are entitled or permitted to have access with or without payment or, in such cases as may be prescribed in the designation order, land in relation to which the public have no such right or permission.
Subject to subsection (8) below, land is “relevant land” of a designated educational institution if it is open to the air and is land which is under the direct control of the governing body of or, in Scotland, of such body or of the education authority responsible for the management of, any educational institution or educational institution of any description which may be designated by the Secretary of State, by order, for the purposes of this Part.
The Secretary of State may, by order, designate descriptions of land which are not to be treated as relevant Crown land or as relevant land of principal litter authorities, of designated statutory undertakers or of designated educational institutions or of any description of any of them.
Every highway maintainable at the public expense other than a trunk road which is a special road is a “relevant highway” and the local authority which is, for the purposes of this Part, “responsible” for so much of it as lies within its area is, subject to any order under subsection (11) below—
in Greater London, the council of the London borough or the Common Council of the City of London;
in Englandoutside Greater London, the council of the district;
the Council of the Isles of Scilly.
in Wales, the council of the county or county borough; and
In Scotland, every public road other than a trunk road which is a special road is a “relevant road” and the local authority which is, for the purposes of this Part, “responsible” for so much of it as lies within theirarea is, subject to any order under subsection (11) below, the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
The Secretary of State may, by order, as respects relevant highways or relevant roads, relevant highways or relevant roads of any class or any part of a relevant highway or relevant road specified in the order, transfer the responsibility for the discharge of the duties imposed by section 89 below from the local authority to the highway or roads authority; but he shall not make an order under this subsection unless— and where, by an order under this subsection, responsibility for the discharge of those duties is transferred, the authority to which the transfer is made is, for the purposes of this Part, “responsible” for the highway, road or part specified in the order.
(except where he is the highway or roads authority) he is requested to do so by the highway or roads authority;
he consults the local authority; and
it appears to him to be necessary or expedient to do so in order to prevent or minimise interference with the passage or with the safety of traffic along the highway or, in Scotland, road in question;
Land is “relevant land within a litter control area of a local authority” if it is land included in an area designated by the local authority under section 90 below to which the public are entitled or permitted to have access with or without payment.
A place on land shall be treated as “open to the air” notwithstanding that it is covered if it is open to the air on at least one side.
The Secretary of State may, by order, apply the provisions of this Part which apply to refuse to any description of animal droppings in all or any prescribed circumstances subject to such modifications as appear to him to be necessary.
Any power under this section may be exercised differently as respects different areas, different descriptions of land or for different circumstances.
A person is guilty of an offence if he throws down, drops or otherwise deposits any litter in any place to which this section applies and leaves it.
This section applies to any place in the area of a principal litter authority which is open to the air, subject to subsection (3) below.
authorised by law, or
done with the consent of the owner, occupier or other person or authority having control of the place in or into which that thing was deposited.
This section does not apply to a place which is “open to the air” for the purposes of this Part by virtue of section 86(13) above if the public does not have access to it, with or without payment.
any relevant highway or relevant road and any trunk road which is a special road;
any place on relevant land of a principal litter authority;
any place on relevant Crown land;
any place on relevant land of any designated statutory undertaker;
any place on relevant land of any designated educational institution;
any place on relevant land within a litter control area of a local authority.
It is immaterial for the purposes of this section whether the litter is deposited on land or in water.
A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
No offence is committed under subsection (1) above where the depositing of the litter is—
authorised by law; or
done by or with the consent of the owner, occupier or other person having control of the place where it is deposited.
A person may only give consent under subsection (4A)(b) above in relation to the depositing of litter in a lake or pond or watercourse if he is the owner, occupier or other person having control of—
all the land adjoining that lake or pond or watercourse; and
all the land through or into which water in that lake or pond or watercourse directly or indirectly discharges, otherwise than by means of a public sewer.
A local authority, with a view to promoting the abatement of litter, may take such steps as the authority think appropriate for making the effect of subsection (5) above known to the public in their area.
In any proceedings in Scotland for an offence under this section it shall be lawful to convict the accused on the evidence of one witness.
In subsection (4B) above, “lake or pond”, “watercourse” and “public sewer” have the same meanings as in section 104 of the Water Resources Act 1991.
No proceedings may be instituted for an offence under subsection (1) which is a littering offence in respect of a vehicle within the meaning of section 88A(2) if—
a penalty notice has been given under section 88A to the keeper of the vehicle in respect of which the offence was committed, and
the fixed penalty has been paid or recovered in full.
Where on any occasion an authorised officer of a litter authority finds a person who he has reason to believe has on that occasion committed an offence under section 87 above in the area of that authority, he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.
Where a person is given a notice under this section in respect of an offence—
no proceedings shall be instituted for that offence before the expiration of fourteen days following the date of the notice; and
he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period.
A notice under this section shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state— and, without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).
the period during which, by virtue of subsection (2) above, proceedings will not be taken for the offence;
the amount of the fixed penalty; and
the person to whom and the address at which the fixed penalty may be paid;
Where a letter is sent in accordance with subsection (3) above payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
The form of notices under this section shall be such as the Secretary of State may by order prescribe.
The fixed penalty payable in pursuance of a notice under this section is payable to the litter authority whose authorised officer gave the notice.
if received by an authority in England and Wales, shall be paid to the Secretary of State;
if received by an authority in Scotland, shall be treated as if the penalty were a fine imposed by a district court.
The litter authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority.
The amount of a fixed penalty payable in pursuance of a notice under this section—
is the amount specified by a principal litter authority in relation to its area (whether the penalty is payable to that or another authority), or
if no amount is so specified, is—
in England, £100, or
in Wales, £75.
The reference in subsection (6A) above to a principal litter authority does not include an English county council for an area for which there is also a district council.
In any proceedings a certificate which— shall be evidence of the facts stated.
purports to be signed by or on behalf of—
in England and Wales, the chief finance officer of the litter authority; or
in Scotland, the proper officer; and
states that payment of a fixed penalty was or was not received by a date specified in the certificate,
For the purposes of this section the following are “litter authorities”—
any principal litter authority, other than an English county council , a regional council or a joint board;
any English county council , regional council or joint board designated by the Secretary of State, by order, in relation to such area as is specified in the order (not being an area in a National Park);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Broads Authority.
a parish or community council.
In this section—
“the appointed day” means the day appointed under section 130(4) of this Act;
If an authorised officer of a litter authority proposes to give a person a notice under this section, the officer may require the person to give him his name and address.
A person commits an offence if—
he fails to give his name and address when required to do so under subsection (8A) above, or
he gives a false or inaccurate name or address in response to a requirement under that subsection.
A person guilty of an offence under subsection (8B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The appropriate person may by regulations provide that—
an authorised officer of a litter authority must meet such conditions as may be prescribed in the regulations;
if an authorised officer of a litter authority fails to meet any such condition, the authority must revoke the officer’s authorisation.
Regulations under subsection (11) may make different provision for different cases.
Before making regulations under subsection (11), the appropriate person must consult such persons as the appropriate person thinks appropriate.
If any person throws down, drops or otherwise deposits in, into or from any place to which this section applies, and leaves, any thing whatsoever in such circumstances as to cause, or contribute to, or tend to lead to, the defacement by litter of any place to which this section applies, he shall, subject to subsection (2) below, be guilty of an offence.
No offence is committed under this section where the depositing and leaving of the thing was—
authorised by law, or
done with the consent of the owner, occupier or other person or authority having control of the place in or into which that thing was deposited.
This section applies to any public open place and, in so far as the place is not a public open place, also to the following places—
any relevant highway or relevant road and any trunk road which is a special road;
any place on relevant land of a principal litter authority;
any place on relevant Crown land;
any place on relevant land of any designated statutory undertaker;
any place on relevant land of any designated educational institution;
any place on relevant land within a litter control area of a local authority.
In this section “public open place” means a place in the open air to which the public are entitled or permitted to have access without payment; and any covered place open to the air on at least one side and available for public use shall be treated as a public open place.
A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
A local authority, with a view to promoting the abatement of litter, may take such steps as the authority think appropriate for making the effect of subsection (5) above known to the public in their area.
In any proceedings in Scotland for an offence under this section it shall be lawful to convict the accused on the evidence of one witness.
It shall be the duty of— to ensure that the land is, so far as is practicable, kept clear of litter and refuse.
each local authority, as respects any relevant highway or, in Scotland, relevant road for which it is responsible,
the Secretary of State, as respects any trunk road which is a special road (other than one to which paragraph (ba)(i) applies) and any relevant highway or relevant road for which he is responsible,
a strategic highways company as respects—
any trunk road which is a special road for which it is the highway authority, and
any relevant highway for which it is responsible,
the appropriate Crown authority, as respects its relevant Crown land,
each principal litter authority, as respects its relevant land,
each designated statutory undertaker, as respects its relevant land, and
the governing body of each designated educational institution or in Scotland such body or, as the case may be, the education authority responsible for the management of the institution, as respects its relevant land, and
the occupier of any relevant land within a litter control area of a local authority,
Subject to subsection (6) below, it shall also be the duty of— to ensure that the highway or road is, so far as is practicable, kept clean.
each local authority, as respects any relevant highway or relevant road for which it is responsible,
the Secretary of State, as respects any trunk road which is a special road (other than one to which paragraph (c)(i) applies) and any relevant highway or relevant road for which he is responsible,
a strategic highways company as respects—
any trunk road which is a special road for which it is the highway authority, and
any relevant highway for which it is responsible,
In determining what standard is required, as respects any description of land, highway or road, for compliance with subsections (1) and (2) above, regard shall be had to the character and use of the land, highway or road as well as the measures which are practicable in the circumstances.
Matter of any description prescribed by regulations made by the Secretary of State for the purposes of subsections (1)(a) and (2) above shall be litter or refuse to which the duties imposed by those subsections apply as respects relevant highways or relevant roads whether or not it would be litter or refuse apart from this subsection.
It shall be the duty of a local authority, when discharging its duty under subsection (1)(a) or (2) above as respects any relevant highway or relevant road, to place and maintain on the highway or road such traffic signs and barriers as may be necessary for giving warning and preventing danger to traffic or for regulating it and afterwards to remove them as soon as they cease to be necessary for those purposes; but this subsection has effect subject to any directions given under subsection (6) below.
In discharging its duty under subsection (1)(a) or (2) above to keep clear of litter and refuse or to clean any relevant highway or relevant road for which it is responsible, the local authority shall comply with any directions given to it by the highway or roads authority with respect to— and for the purpose of enabling it to discharge its duty under subsection (1)(a) or (2) above as respects any relevant highway or relevant road the local authority may apply to the highway authority or roads authority for that authority to exercise its powers under section 14(1) or (2) of the Road Traffic Regulation Act 1984 (temporary prohibition or restriction of traffic).
the placing and maintenance of any traffic signs or barriers;
the days or periods during which clearing or cleaning shall not be undertaken or undertaken to any extent specified in the direction;
The Secretary of State shall prepare and issue a code of practice for the purpose of providing practical guidance on the discharge of the duties imposed by subsections (1) and (2) above.
The Scottish Ministers may give to any person subject to a duty imposed by subsection (1) or (2) above such directions as they consider necessary or expedient for securing compliance by such person with such duty.
A person to whom a direction is given under subsection (6A) shall comply with the direction.
Different codes of practice may be prepared and issued under subsection (7) above for different areas.
The Secretary of State may issue modifications of, or withdraw, a code issued under subsection (7) above; but where a code is withdrawn, he shall prepare and issue a new code under that subsection in substitution for it.
A direction under subsection (6A) may—
be given generally or to a specific person;
make different provision for different persons and different cases or circumstances;
include provision specifying, in relation to any factor by reference to which a person’s discharging of any such duty can be measured, standards to be met by the person.
The Scottish Ministers shall—
cause— to be published; and
any direction under subsection (6A) above; and
any variation or revocation of such a direction,
cause copies of each such direction, variation or revocation to be made available to the public.
Any person subject to any duty imposed by subsection (1) or (2) above shall have regard to the code of practice in force under subsection (7) above in discharging that duty.
A draft code prepared under subsection (7) above shall be laid before both Houses of Parliament and shall not be issued until after the end of the period of 40 days beginning with the day on which the code was so laid, or if the draft is laid on different days, the later of the two days.
If, within the period mentioned in subsection (11) above, either House resolves that the code the draft of which was laid before it should not be issued, the Secretary of State shall not issue that code.
No account shall be taken in reckoning any period of 40 days for the purposes of subsection (11) above of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
In this section “traffic sign” has the meaning given in section 64(1) of the Road Traffic Regulation Act 1984.
Subsections (11) to (13) shall not apply in respect of a draft code prepared under subsection (7) above which relates only to Scotland and such a code shall be laid before the Scottish Parliament and shall not be issued until after the end of the period of 40 days beginning with the day on which the code was so laid.
If within the period mentioned in subsection (13A) above the Scottish Parliament resolves that the code, the draft of which was laid before it, should not be issued the Scottish Ministers shall not issue that code.
No account shall be taken in reckoning any period of 40 days for the purposes of subsection (13A) above of any time during which the Scottish Parliament is dissolved or is in recess for more than 4 days.
The Secretary of State may, by order, prescribe descriptions of land which may be designated under subsection (3) below as, or as part of, a litter control area.
The power of the Secretary of State to prescribe descriptions of land under subsection (1) above includes power to describe land by reference to the ownership or occupation of the land or the activities carried on on it.
Any principal litter authority other than an English county council, a[regional council] or ajoint board may, in accordance with the following provisions of this section, by order designate any land in their area as, or as part of, a litter control area.
No order under subsection (3) above designating any land shall be made unless the authority is of the opinion that, by reason of the presence of litter or refuse, the condition of the land is, and unless they make a designation order is likely to continue to be, such as to be detrimental to the amenities of the locality.
The power to make a designation order under subsection (3) above shall be excluded from the functions to which section 101 of the Local Government Act 1972 (functions capable of delegation) applies.
An authority proposing to make a designation order in relation to any land shall—
notify persons who appear to the authority to be persons who will be affected by the proposed order;
give them an opportunity to make representations about it within the period of twenty-one days beginning with the service of the notice; and
take any representations so made into account in making their decision.
A designation order under subsection (3) above shall identify the land to which it applies and shall be in such form as the Secretary of State may by order prescribe.
Where . . . he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.
an authorised person or a constable . . . has reason to believe that a person has committed an offence under section 87 above ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a constable gives a notice under this section to a person, he shall, no later than 24 hours after the giving of the notice, send a copy of it to the litter authority in whose area the offence was committed.
Where a person is given a notice under this section in respect of an offence—
no proceedings shall be instituted for that offence before the expiration of fourteen days following the date of the notice; and
he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period.
A notice under this section shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state— and, without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).
the period during which, by virtue of subsection (2) above, proceedings will not be taken for the offence;
the amount of the fixed penalty; and
the person to whom and the address at which the fixed penalty may be paid;
Where a letter is sent in accordance with subsection (3) above payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
The form of notices under this section shall be such as the Secretary of State may by order prescribe.
A fixed penalty payable in pursuance of a notice under this section shall be payable
where the notice is given by an officer of a litter authority authorised as mentioned in paragraph (a) of the definition of “authorised person” in subsection (10) below, to that litter authority;
where the notice is given by an officer of Loch Lomond and The Trossachs National Park Authority authorised as mentioned in paragraph (b) of that definition, to that Authority.
The fixed penalty payable . . . in pursuance of a notice under this section shall, subject to subsection (7) below, be £80; and as respects the sums received by—
a litter authority, those sums if received by an authority in Scotland, shall accrue to the litter authority
Loch Lomond and The Trossachs National Park Authority, shall accrue to that Authority.
The Secretary of State may by order substitute a different amount (not exceeding level 2 on the standard scale) for the amount for the time being specified as the amount of the fixed penalty in subsection (6) above.
In any proceedings a certificate which— shall be evidence of the facts stated.
purports to be signed by or on behalf of—
in England and Wales, the chief finance officer of the litter authority; or
in Scotland, a proper officer; and
states that payment of a fixed penalty was or was not received by a date specified in the certificate,
In subsection (8) above, “proper officer” means—
in a case where a notice under this section is given as mentioned in paragraph (a) of subsection (5A) above, the officer who has, as respects the litter authority, the responsibility mentioned in section 95 of the Local Government (Scotland) Act 1973 (financial administration);
in a case where a notice is given as mentioned in paragraph (b) of that subsection, the proper officer for that Authorityappointed under paragraph 12(3) of schedule 2 to the National Parks (Scotland) Act 2000.
If an authorised person proposes to give a person a notice under this section, the authorised person may require the person to give him his name and address.
A person commits an offence if he fails to give his name and address when required to do so under subsection (8B) above.
A person who commits an offence under subsection (8C) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
For the purposes of this section the following are “litter authorities”—
any principal litter authority, other than an English county council , a regional council or a joint board;
any English county council , regional council or joint board designated by the Secretary of State, by order, in relation to such area as is specified in the order (not being an area in a National Park);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Broads Authority.
In this section—
The Scottish Ministers may by order make such modifications of this section as they consider necessary or expedient in connection with the specification of a person by an order under paragraph (c) of the definition of “authorised person” in subsection (10) above.
An order under subsection (10A) above may include—
provision applying any provision of this section to such a person with such modifications as may be specified in the order;
provision for any such provision not to apply in relation to such a person.
The Secretary of State may make regulations under which the keeper of a vehicle may be required to pay a fixed penalty to a litter authority where there is reason to believe that a littering offence in England has been committed in respect of the vehicle.
A littering offence is committed in respect of a vehicle if an offence under section 87(1) occurs as a result of litter being thrown, dropped or otherwise deposited from the vehicle (whether or not by the vehicle's keeper).
Regulations under this section must make provision—
setting the amount of fixed penalties or specifying how the amount is to be determined;
about the period within which fixed penalties must be paid;
for payment within that period of a fixed penalty imposed for a littering offence committed in respect of a vehicle to discharge any liability for conviction for the offence (whether on the part of the keeper or anybody else);
for a fixed penalty to be payable by the keeper of a vehicle only if a written notice is given to the keeper (“a penalty notice”);
about the persons authorised to give penalty notices;
about the procedure to be followed in giving penalty notices;
about the form and content of penalty notices;
conferring rights to make representations about, and to bring appeals against, penalty notices.
Provision under subsection (3)(e) may authorise a person to give a penalty notice for a littering offence committed in respect of a vehicle only if— and regulations under this section may include provision about the meaning of “authorised officer”.
the person is under a duty under section 89(1) in respect of the land where the offence is committed (and that person is a “litter authority” in relation to a fixed penalty payable under the regulations), or
the person is an authorised officer of a litter authority,
Regulations under this section may include provision—
for the enforcement of penalty notices (and such provision may in particular authorise an unpaid fixed penalty to be recovered summarily as a civil debt or as if payable under an order of a court if the court so orders);
about the application of sums paid under penalty notices (and such provision may in particular authorise sums paid to a litter authority to be applied for the purposes of such functions of the authority as the regulations may specify);
about the application of the regulations to keepers of vehicles in the public service of the Crown.
Regulations under this section may, in consequence of any provision contained in the regulations, amend—
this Part, or
Part 2 of the London Local Authorities Act 2007.
Regulations under this section may—
make provision corresponding or similar to any provision made by or under section 88;
make provision subject to exceptions;
include saving, transitional, transitory, supplementary or consequential provision.
Provision of the kind mentioned in subsection (7)(a) may include provision— but may not include provision conferring power on a person to make orders or regulations.
conferring a discretion on a litter authority, subject to such constraints or limitations as the regulations may specify (whether or not of a corresponding or similar kind to those mentioned in section 97A(2));
creating an offence of the kind mentioned in section 88(8B) and (8C),
In this section—
A magistrates’ court may act under this section on a complaint made by any person on the ground that he is aggrieved by the defacement, by litter or refuse, of—
any relevant highway;
any trunk road which is a special road;
any relevant land of a principal litter authority;
any relevant Crown land;
any relevant land of a designated statutory undertaker; or
any relevant land of a designated educational institution; or
any relevant land within a litter control area of a local authority.
A magistrates’ court may also act under this section on a complaint made by any person on the ground that he is aggrieved by the want of cleanliness of any relevant highway or any trunk road which is a special road.
A principal litter authority shall not be treated as a person aggrieved for the purposes of proceedings under this section.
Proceedings under this section shall be brought against the person who has the duty to keep the land clear under section 89(1) above or to keep the highway clean under section 89(2) above, as the case may be.
Before instituting proceedings under this section against any person, the complainant shall give to the person not less than five days written notice of his intention to make the complaint and the notice shall specify the matter complained of.
If the magistrates’ court is satisfied that the highway or land in question is defaced by litter or refuse or, in the case of a highway, is wanting in cleanliness, the court may, subject to subsections (7) and (8) below, make an order (“a litter abatement order”) requiring the defendant to clear the litter or refuse away or, as the case may be, clean the highway within a time specified in the order.
The magistrates’ court shall not make a litter abatement order if the defendant proves that he has complied, as respects the highway or land in question, with his duty under section 89(1) and (2) above.
The magistrates’ court shall not make a litter abatement order where it appears that the matter complained of is the result of directions given to the local authority under section 89(6) above by the highway authority.
A person who, without reasonable excuse, fails to comply with a litter abatement order shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale together with a further fine of an amount equal to one-twentieth of that level for each day on which the offence continues after the conviction.
In any proceedings for an offence under subsection (9) above it shall be a defence for the defendant to prove that he has complied, as respects the highway or land in question, with his duty under section 89(1) and (2) above.
A shall be admissible in evidence in any proceedings under this section and if any provision of such a direction or code appears to the court to be relevant to any question in the proceedings it shall be taken into account in determining that question.
direction under section 89(6A); or
code of practice under section 89(7)
Where a magistrates’ court is satisfied on the hearing of a complaint under this section— the court shall order the defendant to pay such reasonable sum to the complainant as the court may determine in respect of the expenses incurred by the complainant in bringing the complaint and the proceedings before the court.
that, when the complaint was made to it, the highway or land in question was defaced by litter or refuse or, as the case may be, was wanting in cleanliness, and
that there were reasonable grounds for bringing the complaint,
In the application of this section to Scotland— and any person against whom proceedings are brought may appeal on a point of law to the Court of Session against the making of a litter abatement order.
for any reference to a magistrates’ court there shall be substituted a reference to the sheriff;
for any reference to a complaint there shall be substituted a reference to a summary application, and “complainant” shall be construed accordingly;
for any reference to the defendant there shall be substituted a reference to the person against whom the proceedings are taken;
for any reference to a highway and a relevant highway there shall be substituted a reference to a road and a relevant road; and
for any reference to a highway authority there shall be substituted a reference to a roads authority,
Where a principal litter authority in Scotland other than a joint board is satisfied as respects— that it is defaced by litter or refuse or that defacement of it by litter or refuse is likely to recur, the authority shall serve a notice (a “litter abatement notice”) imposing either the requirement or the prohibition or both the requirement and the prohibition specified in subsection (2).
any relevant Crown land,
any relevant land of a designated statutory undertaker,
any relevant land of a designated educational institution, or
any relevant land within a litter control area of a local authority,
The requirement and prohibition referred to in subsection (1) are as follows, namely—
a requirement that the litter or refuse be cleared within a time specified in the notice;
a prohibition on permitting the land to become defaced by litter or refuse.
The litter abatement notice shall be served—
as respects relevant Crown land, on the appropriate Crown authority;
as respects relevant land of a designated statutory undertaker, on the undertaker;
as respects relevant land of a designated educational institution, on the governing body of the institution or on the education authority responsible for the management of the institution;
in any other case, on the occupier of the land or, if it is unoccupied, on the owner of the land.
The person served with the notice may appeal against the notice to the sheriff by way of application within the period of 21 days beginning with the date on which the notice was served.
If, on any appeal under subsection (4), the appellant proves that, as respects the land in question, he has complied with his duty under section 89(1), the court shall allow the appeal.
If a person on whom a litter abatement notice is served, without reasonable excuse, fails to comply with or contravenes the requirement or prohibition imposed by the notice, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale together with a further fine of an amount equal to one-twentieth of that level for each day on which the offence continues after the conviction.
In any proceedings for an offence under subsection (6), it shall be a defence for the person charged to prove that he has complied, as respects the land in question, with his duty under section 89(1).
A direction under section 89(6A) or a code of practice under section 89(7) shall be admissible in evidence in any proceedings under this section and, if any provision of such a direction or code appears to the court to be relevant to any question in the proceedings, it shall be taken into account in determining that question.
If a person on whom a litter abatement notice is served fails to comply with the requirement imposed by the notice in respect of any land, the authority may, subject to subsection (10)—
enter on the land and clear the litter or refuse, and
recover from that person the expenditure attributable to their having done so, except such of the expenditure as that person shows was unnecessary in the circumstances.
Subsection (9) does not apply in relation to relevant Crown land or relevant land of statutory undertakers.
The appropriate person may issue guidance to litter authorities on the exercise of littering enforcement functions by those authorities and authorised officers of those authorities.
A litter authority must have regard to that guidance when exercising any of its littering enforcement functions.
The appropriate person may revise any guidance issued under this section at any time.
Before issuing guidance, or revised guidance, under this section the appropriate person must consult such persons as the appropriate person thinks appropriate.
The Secretary of State must lay before Parliament and publish guidance, and any revised guidance, issued by the Secretary of State under this section.
The Welsh Ministers must lay before Senedd Cymru and publish guidance, and any revised guidance, issued by the Welsh Ministers under this section.
In this section—
An authorised officer of a litter authority may impose a civil penalty charge on the keeper of a vehicle if satisfied on the balance of probabilities that—
an offence of leaving litter under section 87 (“an act of littering”) has been committed from the vehicle, and
the vehicle was on land within the litter authority’s area at the time that the act of littering was committed.
For the purposes of this section, the keeper of a vehicle—
means the person by whom the vehicle is kept at the time when an act of littering occurs, and
in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper.
The keeper's liability to pay a civil penalty charge notice to the authority arises when an authorised officer of a litter authority gives to the keeper written notice requiring payment of the charge (“a civil penalty charge notice”).
No civil penalty charge notice may be given—
after the end of the period of 3 months beginning with the day on which the act of littering in question occurred, or
if action has been taken under section 87 or section 88 against a person in respect of the same act of littering, regardless of—
whether or not the person is the vehicle’s keeper,
whether or not the action is ongoing,
the outcome of the action.
The Scottish Ministers may by regulations make provision—
for the amount that may be imposed as a civil penalty charge,
for discounts and surcharges,
as to the purposes for which sums received by an authority by way of civil penalty charge may be used,
about the form and content of a civil penalty charge notice,
about the procedure to be followed in giving a civil penalty charge notice,
conferring rights to make representations about and to bring an appeal against a civil penalty charge notice,
about the circumstances in which a civil penalty charge notice may or must be cancelled,
about the procedure to be followed in cancelling a civil penalty charge notice,
about the refund of sums paid by way of civil penalty charge,
about exemptions from liability,
whether and how an authority must keep and publish accounts in respect of sums received by way of civil penalty charge.
In this section—
A principal litter authority in Scotland other than a joint board may, with a view to the prevention of accumulations of litter or refuse in and around any street or open land adjacent to any street, issue notices (“street litter control notices”) imposing requirements on occupiers of premises in relation to such litter or refuse, in accordance with this section and section 94.
If the authority is satisfied, in respect of any premises which are of a description prescribed under section 94(1)(a) and have a frontage on a street in their area, that— the authority may serve a street litter control notice on the occupier or, if the premises are unoccupied, on the owner of the premises.
there is recurrent defacement by litter or refuse of any land, being part of the street or open land adjacent to the street, which is in the vicinity of the premises,
the condition of any part of the premises which is open land in the vicinity of the frontage is, and if no notice is served is likely to continue to be, detrimental to the amenities of the locality by reason of the presence of litter or refuse, or
there is produced, as a result of the activities carried on on the premises, quantities of litter or refuse of such nature and in such amounts as are likely to cause the defacement of any part of the street, or of open land adjacent to the street, which is in the vicinity of the premises,
A notice shall, subject to section 94(2), (3) and (4)— and, for the purposes of paragraph (b), an area which includes land on both sides of the frontage of the premises shall be treated as an area adjoining that frontage.
identify the premises and state the grounds under subsection (2) on which it is issued;
specify an area of open land which adjoins or is in the vicinity of the frontage of the premises on the street;
specify, in relation to that area or any part of it, such reasonable requirements as the authority considers appropriate in the circumstances;
In this section and section 94—
“securities”, in relation to a company includes shares, debentures, bonds or other securities of the company, whether or not constituting a charge on the assets of the company; and
“crop residue” means straw or stubble or any other crop residue;
“vehicle” means a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle.
The Scottish Ministers may by order prescribe— and different descriptions or maximum dimensions may be prescribed under paragraph (b) or (c) for different cases or circumstances. An order under this subsection is subject to the negative procedure.
the descriptions of commercial or retail premises in respect of which a street litter control notice may be issued;
the descriptions of land which may be included in a specified area; and
the maximum area of land which may be included in a specified area;
The power to describe premises or land under subsection (1)(a) or (b) includes power to describe the premises or land by reference to occupation or ownership or to the activities carried on there.
The land comprised in a specified area— but a specified area shall not include any part of the premises which is or is part of a litter control area.
shall include only land of one or more of the descriptions prescribed under subsection (1)(b);
shall not include any land which is not—
part of the premises,
part of a street,
relevant land of a principal litter authority, or
land under the direct control of any other local authority; and
shall not exceed any applicable maximum area prescribed under subsection (1)(c);
The requirements which may be imposed by a notice shall relate to the clearing of litter or refuse from the specified area and may in particular require— but a notice may not require the clearing of litter or refuse from any carriageway, except at a time when the carriageway is closed to all vehicular traffic.
the provision or emptying of receptacles for litter or refuse;
the doing within a period specified in the notice of any such thing as may be so specified (including the standards to which any such thing must be done); or
the doing (while the notice remains in force) at such times or intervals, or within such period, of any such thing as may be so specified;
In relation to so much of the specified area as is not part of the premises the authority shall take account, in determining what requirements to impose, of their own duties under this Part or otherwise, and of any similar duties of any other local authority, in relation to that land.
An authority proposing to serve a notice shall—
inform the person on whom the notice is to be served;
give him the opportunity to make representations about the notice within the period of 21 days beginning with the day on which he is so informed; and
take any representations so made into account in making their decision.
A person on whom a notice is served may appeal against the notice to the sheriff by way of application; and the court may quash the notice or may quash, vary or add to any requirement imposed by the notice.
If it appears to the authority that a person has failed or is failing to comply with any requirement imposed by a notice, the authority may apply to the sheriff by way of application for an order requiring the person to comply with the requirement within such time as may be specified in the order.
A person who, without reasonable excuse, fails to comply with an order under subsection (8) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
No action may be taken under section 87 or section 88 against a person in respect of an act of littering for which a civil penalty charge notice has been given and paid in full, regardless of whether or not the person who paid it is the vehicle’s keeper.
After the end of the period of 28 days beginning with the day on which a civil penalty charge notice is given, any unpaid amount of the charge may be recovered in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff for any sheriffdom.
It shall be the duty of each principal litter authority other than an Englishcounty council, a [regional council or] a joint board to maintain, in accordance with this section, a register containing copies of—
all orders made by the authority under section 90(3) above; and
all street litter control notices issued under section 93(1) above. and
all orders made by the authority under paragraph 2(1) of Schedule 3A.
Where the requirements of a street litter control notice are varied or added to on an appeal under section 94(7) above a copy of the order making the variation or addition shall be included in the register.
Copies of the orders and notices required to be kept in the register shall be so kept for so long as the order or notice is in force.
It shall be the duty of each authority maintaining a register under this section—
to secure that the register is available, at all reasonable times, for inspection by the public free of charge; and
to afford to members of the public facilities for obtaining copies of the documents kept in the register, on payment of reasonable charges.
A register under this section need not be kept in documentary form.
This section applies to litter and refuse collected—
by any authority or person in pursuance of section 89(1) above;
by a principal litter authority in pursuance of section 92(9) or 92C(3) above; or
by any person in pursuance of section 93 above.
The Secretary of State may make regulations providing that prescribed provisions of Part II shall have effect, with such modifications (if any) as may be prescribed—
as if references to controlled waste or controlled waste of a prescribed description included references to litter and refuse to which this section applies or any description of such litter and refuse;
as if references to controlled waste or controlled waste of a prescribed description collected under section 45 above included references to litter and refuse collected as mentioned in subsection (1) above or any description of such litter and refuse.
The powers conferred by this section are exercisable in relation to litter and refuse to which it applies whether or not the circumstances are such that the litter or refuse would be treated as controlled waste apart from this section and this section is not to affect the interpretation of the expressions defined in section 75 above.
The Secretary of State may, for the purposes of the transition to the duties imposed by section 89 above on local authorities and educational bodies, by regulations, make provision—
modifying that section, or
modifying Part I of the Local Government Act 1988 (competition rules for functional work or works contracts).
Regulations under this section may make different provision for different descriptions of authorities, different areas or other different circumstances or cases.
In this section—
The following definitions apply for the interpretation of this Part.
“Educational institution”, in relation to England and Wales, means—
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the Open University;
any institution which provides higher education or further education (or both) which is full-time education being an institution which—
is maintained by grants made by the Secretary of State under section 485 of the Education Act 1996;
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is maintained by a local authority as defined in section 579(1) of the Education Act 1996;
any institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992
any city technology college , city college for the technology of the arts or Academy;
any community, foundation or voluntary school;
any community or foundation special school.
“Appropriate person” means—
in relation to England, the Secretary of State;
in relation to Wales, the Welsh Ministers.
“Educational institution”, in relation to Scotland, means—
any university within the meaning of the Education Reform Act 1988 funded by the Universities Funding Council under section 131 of that Act;
the Open University;
any educational establishment (not being a school) within the meaning of section 135(1) of the Education (Scotland) Act 1980 for the provision of any form of further education for the management of which establishment an education authority is responsible;
as defined in section 80(1) of the Self Governing Schools (Scotland) Act 1989 (“the 1989 Act”); or
managed by a company by virtue of section 65(1) of the 1989 Act;
a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;
any college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 managed by a board of management established under Part I of that Act;
a technology academy within the meaning of section 68(1) of the 1989 Act;
a public school as defined in section 135(1) of the Education (Scotland) Act 1980 (“the 1980 Act”);
any institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992
a grant-aided school as defined in section 135(1) of the 1980 Act;
a self-governing school within the meaning of section 1(3) of the 1989 Act.
“Joint board”, in relation to Scotland, has the meaning given by section 235(1) of the Local Government (Scotland) Act 1973.
“Highway” (and “highway maintainable at the public expense”), “highway authority”, “special road” and “trunk road”, in relation to England and Wales, have the same meaning as in the Highways Act 1980 and “public road”, “special road” and “trunk road”, in relation to Scotland, have the same meaning as in the Roads (Scotland) Act 1984.
“Statutory undertaker” means—
any person authorised by any enactment to carry on any railway, light railway, tramway or road transport undertaking;
any person authorised by any enactment to carry on any canal, inland navigation, dock, harbour or pier undertaking; or
any relevant airport operator (within the meaning of Part V of the Airports Act 1986).
“Litter” includes—
the discarded ends of cigarettes, cigars and like products, and
discarded chewing-gum and the discarded remains of other products designed for chewing.
Strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.
In subsection (6) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
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Schedule 3A (distribution of printed matter on designated land) has effect.
The appropriate person may by regulations make provision in connection with the powers conferred under—
section 88(6A)(a) and (7) above;
section 94A(4)(a) and (5) above;
paragraph 7(4)(a) and (5) of Schedule 3A.
Regulations under subsection (1) may (in particular)—
require an amount specified under section 88(6A)(a), 94A(4)(a) or paragraph 7(4)(a) of Schedule 3A to fall within a range prescribed in the regulations;
restrict the extent to which, and the circumstances in which, an authority can make provision under section 88(7), 94A(5) or paragraph 7(5) of Schedule 3A.
The appropriate person may by order substitute a different amount for the amount for the time being specified in section 88(6A)(b), 94A(4)(b) or paragraph 7(4)(b) of Schedule 3A.
Regulations or an order under this section may make different provision for different purposes.
None of the persons mentioned in subsection (2) below is to have any liability to an occupier or owner of land for damages or otherwise (whether at common law or otherwise) arising out of anything done or omitted to be done in the exercise or purported exercise of the power in section 92(9), 92A(9) or 92C(3) above.
Those persons are—
the principal litter authority and any employee of the authority; and
in the case of the power in section 92C(3) above, any person authorised by the authority under that provision and the employer or any employee of that person.
Subsection (1) above does not apply—
if the act or omission is shown to be in bad faith;
to liability arising out of a failure to exercise due care and attention;
so as to prevent an award of damages in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998.
This section does not affect any other exemption from liability (whether at common law or otherwise).
A local authority may, subject to subsection (3) below, resolve that Schedule 4 to this Act is to apply in its area; and if a local authority does so resolve, that Schedule shall come into force in its area on the day specified in the resolution, which must not be before the expiration of the period of three months beginning with the day on which the resolution is passed.
A local authority shall publish in at least one newspaper circulating in its area a notice that the authority has passed a resolution under this section and indicating the general effect of that Schedule.
It shall be the duty of a local authority, before making any resolution for the application of Schedule 4 to this Act in its area, to consult with the persons or representatives of persons who appear to the authority to be persons who will be affected by the application of that Schedule.
It shall be the duty of a local authority from time to time to consult about the operation of Schedule 4 to this Act with the persons or representatives of persons who appear to be affected by its operation.
In this section “local authority” means—
the council of a district;
the council of a London borough;
the Common Council of the City of London;
the council of the Isles of Scilly;
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
in Wales, the council of a county or county borough;and
In Schedule 4 to this Act “the local authority” means any local authority which has resolved that that Schedule is to apply in its area.
After section 11 of the Radioactive Substances Act 1960 (referred to in this Part as “the 1960 Act”) there shall be inserted the following section—.
In section 1, 2(3) and (4), 3, 5, 8(1) to (3) and 9 of the 1960 Act (which concern functions to be exercisable by the chief inspector) for the word “Minister” wherever it appears (otherwise than when referring to the Minister of Agriculture, Fisheries and Food) there shall be substituted the words “chief inspector”.
In section 2(6), 4(2), 6(5), 10, 12(2) and (5), 13(3), 15 and 18(6) of the 1960 Act (which concern functions which will continue to be exercisable by the Secretary of State) for the word “Minister” wherever it appears there shall be substituted the words “Secretary of State”.
This Part has effect for the purpose of ensuring that all appropriate measures are taken to avoid damage to the environment which may arise from the escape or release from human control of genetically modified organisms.
In this Part the term “organism” means any acellular, unicellular or multicellular entity (in any form), other than humans , human embryos or human admixed embryos ; and, unless the context otherwise requires, the term also includes any article or substance consisting of or including biological matter.
For the purpose of subsection (2) above “biological matter” means anything (other than an entity mentioned in that subsection) which consists of or includes— and it is immaterial, in determining if something is or is not an organism or biological matter, whether it is the product of natural or artificial processes of reproduction and, in the case of biological matter, whether it has ever been part of a whole organism.
tissue or cells (including gametes or propagules) or subcellular entities, of any kind, capable of replication or of transferring genetic material, or
genes or other genetic material, in any form, which are so capable,
For the purposes of this Part an organism is “genetically modified” if any of the genes or other genetic material in the organism—
have been artificially modified, or
are inherited or otherwise derived, through any number of replications, from genes or other genetic material (from any source) which were so modified.
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any technique for the modification of any genes or other genetic material by the recombination, insertion or deletion of, or of any component parts of, that material from its previously occurring state, and
any other technique for modifying genes or other genetic material which in the opinion of the Secretary of State would produce organisms which should for the purposes of this Part be treated as having been genetically modified,
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In this Part, where the context permits, a reference to “reproduction”, in relation to an organism, includes a reference to its replication or its transferring genetic material.
The following provisions have effect for the interpretation of this Part.
The “environment” includes land, air and water and living organisms supported by any of those media.
“Damage to the environment” is caused by the presence in the environment of genetically modified organisms which have (or of a single such organism which has) escaped or been released from a person’s control and are (or is) capable of causing harm to the living organisms supported by the environment.
An organism shall be regarded as present in the environment notwithstanding that it is present in or on any human or other organism, or any other thing, which is itself present in the environment.
Genetically modified organisms present in the environment are capable of causing harm if— and a single organism is capable of causing harm either if it is itself capable of causing harm or if it is able to produce descendants which will be so capable.
they are individually capable, or are present in numbers such that together they are capable, of causing harm; or
they are able to produce descendants which will be capable, or which will be present in numbers such that together they will be capable, of causing harm;
“Harm” means adverse effects as regards the health of humans or the environment.
“Harmful” and “harmless” mean respectively, in relation to genetically modified organisms, their being capable or their being incapable of causing harm.
The Secretary of State may by regulations provide, in relation to genetically modified organisms of any description specified in the regulations, that— shall be disregarded for such purposes of this Part as may be so specified.
the capacity of those organisms for causing harm of any description so specified, or
harm of any description so specified,
Organisms of any description are under the “control” of a person where he keeps them contained by measures designed to limit their contact with humans and the environment and to prevent or minimise the risk of harm.
for ensuring that the organisms do not enter the environment or produce descendants which are not so contained; or
for ensuring that any of the organisms which do enter the environment, or any descendants of the organisms which are not so contained, are harmless.
An organism under a person’s control is “released” if he deliberately causes or permits it to cease to be under his control or the control of any other person and to enter the environment; and such an organism “escapes” if, otherwise than by being released, it ceases to be under his control or that of any other person and enters the environment.
Genetically modified organisms of any description are “marketed” by a person when products consisting of or including such organisms are placed on the market by being made available to other persons, whether or not for consideration.
This Part has effect for the purpose of ensuring that all appropriate measures are taken to avoid damage to the environment which may arise from the escape or release from human control of genetically modified organisms.
In this Part the term “organism” means any acellular, unicellular or multicellular entity (in any form), other than humans , human embryos or human admixed embryos ; and, unless the context otherwise requires, the term also includes any article or substance consisting of or including biological matter.
For the purpose of subsection (2) above “biological matter” means anything (other than an entity mentioned in that subsection) which consists of or includes— and it is immaterial, in determining if something is or is not an organism or biological matter, whether it is the product of natural or artificial processes of reproduction and, in the case of biological matter, whether it has ever been part of a whole organism.
tissue or cells (including gametes or propagules) or subcellular entities, of any kind, capable of replication or of transferring genetic material, or
genes or other genetic material, in any form, which are so capable,
For the purposes of subsection (2) above—
“human embryo” means an embryo within the meaning given in the provisions of the Human Fertilisation and Embryology Act 1990 (apart from section 4A) by virtue of section 1(1) and (6) of that Act, and
“human admixed embryo” has the same meaning as it has in that Act by virtue of section 4A(6) and (11) of that Act.
For the purposes of this Part , subject to subsection (4C) below, an organism is “genetically modified” if any of the genes or other genetic material in the organism—
have been artificially modified, or
are inherited or otherwise derived, through any number of replications, from genes or other genetic material (from any source) which were so modified.
subject to subsections (4B) and (4C) below, genes or other genetic material in an organism are “artificially modified” for the purposes of subsection (4) above if they are altered otherwise than by a process which occurs naturally in mating or natural recombination.
For the purposes of subsection (4) above–
genes or other genetic material shall be taken to be artificially modified if they are altered using such techniques as may be prescribed for the purposes of this paragraph;
genes or other genetic material shall not be regarded as artificially modified by reason only of being altered by the use of such techniques as may be prescribed for the purposes of this paragraph.
An organism shall be taken not to be a genetically modified organism for the purposes of this Part if it is an organism of a prescribed description.
In subsections (4B) and (4C) above, “prescribed” means prescribed by regulations made by the Scottish Ministers.
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In this Part, where the context permits, a reference to “reproduction”, in relation to an organism, includes a reference to its replication or its transferring genetic material.
In this Part as it applies in relation to England, references to genetically modified organisms (except in this section and section 127)—
do not include references to precision bred organisms;
so far as they relate to marketing, also do not include references to gametes of precision bred organisms.
For the purposes of subsection (1), this Part applies in relation to England so far as it applies in relation to—
importing genetically modified organisms where their destination is in England;
acquiring genetically modified organisms which are in England;
keeping or releasing genetically modified organisms in England;
marketing a genetically modified organism so far as the organism (or, where the organism is marketed by virtue of a product consisting of or including the organism being made available to other persons, that product) is made available for delivery in England.
In this section “precision bred organism” and “gamete” have the same meanings as in the Genetic Technology (Precision Breeding) Act 2023.
The following provisions have effect for the interpretation of this Part.
The “environment” includes land, air and water and the living organisms supported by any of those media.
“Damage to the environment” is caused by the presence in the environment of genetically modified organisms which have (or of a single such organism which has) escaped or been released from a person’s control and are (or is) capable of causing harm . . . .
An organism shall be regarded as present in the environment notwithstanding that it is present in or on any human or other organism, or any other thing, which is itself present in the environment.
Genetically modified organisms present in the environment are capable of causing harm if— and a single organism is capable of causing harm either if it is itself capable of causing harm or if it is able to produce descendants which will be so capable.
they are individually capable, or are present in numbers such that together they are capable, of causing harm; or
they are able to produce descendants which will be capable, or which will be present in numbers such that together they will be capable, of causing harm;
“Harm” means adverse effects as regards the health of humans or the environment.
“Harmful” and “harmless” mean respectively, in relation to genetically modified organisms, their being capable or their being incapable of causing harm.
The Secretary of State may by regulations provide, in relation to genetically modified organisms of any description specified in the regulations, that— shall be disregarded for such purposes of this Part as may be so specified.
the capacity of those organisms for causing harm of any description so specified, or
harm of any description so specified,
Organisms of any description are under the “control” of a person where that person keeps them contained by specific measure designed to limit their contact with humans and the environment and to prevent or minimise the risk of harm.
An organism under a person’s control is “released” if he deliberately causes or permits it to cease to be under his control or the control of any other person and to enter the environment; and such an organism “escapes” if, otherwise than by being released, it ceases to be under his control or that of any other person and enters the environment.
Genetically modified organisms of any description are “marketed” when products consisting of or including such organisms are placed on the market by being made available to other persons, whether or not for consideration.
Subject to subsections (2) and (7) below, no person shall import or acquire, release or market any genetically modified organisms unless, before doing that act—
he has carried out an assessment of any risks there are (by reference to the nature of the organisms and the manner in which he intends to keep them after their importation or acquisition or, as the case may be, to release or market them) of damage to the environment being caused as a result of doing that act; and
in such cases and circumstances as may be prescribed, he has given the Secretary of State such notice of his intention of doing that act and such information as may be prescribed.
Subsection (1) above does not apply to a person proposing to do an act mentioned in that subsection who is required under section 111(1)(a) below to have a consent before doing that act.
Subject to subsections (4) and (7) below, a person who is keeping genetically modified organisms shall, in such cases or circumstances and at such times or intervals as may be prescribed—
carry out an assessment of any risks there are of damage to the environment being caused as a result of his continuing to keep them;
give the Secretary of State notice of the fact that he is keeping the organisms and such information as may be prescribed.
Subsection (3) above does not apply to a person who is keeping genetically modified organisms and is required under section 111(2) below to have a consent authorising him to continue to keep the organisms.
It shall be the duty of a person who carries out an assessment under subsection (1)(a) or (3)(a) above to keep, for the prescribed period, such a record of the assessment as may be prescribed.
A person required by subsection (1)(b) or (3)(b) above to give notice to the Secretary of State shall give the Secretary of State such further information as the Secretary of State may by notice in writing require.
Regulations under this section may provide for exemptions, or for the granting by the Secretary of State , or by the Secretary of State and the Food Standards Agency acting jointly, of exemptions to particular persons or classes of person, from the requirements of subsection (1) or (3) above in such cases or circumstances, and to such extent, as may be prescribed.
The Secretary of State may at any time— and a person given directions under paragraph (a) above shall then, and a person given directions under paragraph (b) above shall from the specified date, be subject to section 111 below in place of the requirements of this section.
give directions to a person falling within subsection (1) above requiring that person to apply for a consent before doing the act in question; or
give directions to a person falling within subsection (3) above requiring that person, before such date as may be specified in the direction, to apply for a consent authorising him to continue keeping the organisms in question;
Regulations under this section may— and the regulations may make different provision for different cases and different circumstances.
prescribe the manner in which assessments under subsection (1) or (3) above are to be carried out and the matters which must be investigated and assessed;
prescribe minimum periods of notice between the giving of a notice under subsection (1)(b) above and the doing of the act in question;
make provision allowing the Secretary of State to shorten or to extend any such period;
prescribe maximum intervals at which assessments under subsection (3)(a) above must be carried out;
In this section “prescribed” means prescribed by the Secretary of State in regulations under this section.
In the application of this section to Scotland, the reference in subsection (7) to the Food Standards Agency is to be read as a reference to Food Standards Scotland.
A person who— shall, subject to subsection (5) below, be subject to the duties specified in subsection (2), (3) or (4) below, as the case may be.
is proposing to import or acquire any genetically modified organisms, or
is keeping any such organisms, or
is proposing to release or market any such organisms,
A person who proposes to import or acquire genetically modified organisms—
shall take all reasonable steps to identify, by reference to the nature of the organisms and the manner in which he intends to keep them (including any precautions to be taken against their escaping or causing damage to the environment), what risks there are of damage to the environment being caused as a result of their importation or acquisition; and
shall not import or acquire the organisms if it appears that, despite any precautions which can be taken, there is a risk of damage to the environment being caused as a result of their importation or acquisition.
A person who is keeping genetically modified organisms— and where a person is required by paragraph (b) above to cease keeping the organisms he shall dispose of them as safely and as quickly as practicable and paragraph (c) above shall continue to apply until he has done so.
shall take all reasonable steps to keep himself informed of any damage to the environment which may have been caused as a result of his keeping the organisms and to identify what risks there are of damage to the environment being caused as a result of his continuing to keep them;
shall cease keeping the organisms if, despite any additional precautions which can be taken, it appears, at any time, that there is a risk of damage to the environment being caused as a result of his continuing to keep them; and
shall use the best available techniques not entailing excessive cost for keeping the organisms under his control and for preventing any damage to the environment being caused as a result of his continuing to keep the organisms;
A person who proposes to release genetically modified organisms— and this subsection applies, with the necessary modifications, to a person proposing to market organisms as it applies to a person proposing to release organisms.
shall take all reasonable steps to keep himself informed, by reference to the nature of the organisms and the extent and manner of the release (including any precautions to be taken against their causing damage to the environment), what risks there are of damage to the environment being caused as a result of their being released;
shall not release the organisms if it appears that, despite the precautions which can be taken, there is a risk of damage to the environment being caused as a result of their being released; and
subject to paragraph (b) above, shall use the best available techniques not entailing excessive cost for preventing any damage to the environment being caused as a result of their being released;
This section does not apply—
to persons proposing to import or acquire, to release or to market any genetically modified organisms, in cases or circumstances where, under section 108 above, they are not required to carry out a risk assessment before doing that act;
to persons who are keeping any genetically modified organisms and who—
were not required under section 108 above to carry out a risk assessment before importing or acquiring them;
have not been required under that section to carry out a risk assessment in respect of the keeping of those organisms since importing or acquiring them; or
to holders of consents, in the case of acts authorised by those consents.
The Secretary of State may serve a notice under this section (a “prohibition notice”) on any person he has reason to believe— if he is of the opinion that doing any such act in relation to those organisms or continuing to keep them, as the case may be, would involve a risk of causing damage to the environment.
is proposing to import or acquire, release or market any genetically modified organisms; or
is keeping any such organisms;
A prohibition notice may prohibit a person from doing an act mentioned in subsection (1)(a) above in relation to any genetically modified organisms or from continuing to keep them; and the prohibition may apply in all cases or circumstances or in such cases or circumstances as may be specified in the notice.
A prohibition notice shall— and a notice may be served on a person notwithstanding that he may have a consent authorising any act which is, or is to be, prohibited by the notice.
state that the Secretary of State is, in relation to the person on whom it is served, of the opinion mentioned in subsection (1) above;
specify what is, or is to be, prohibited by the notice; and
if the prohibition is not to be effective on being served, specify the date on which the prohibition is to take effect;
Where a person is prohibited by a prohibition notice from continuing to keep any genetically modified organisms, he shall dispose of them as quickly and safely as practicable or, if the notice so provides, as may be specified in the notice.
The Secretary of State may at any time withdraw a prohibition notice served on any person by notice given to that person.
Subject to subsection (7) below, no person shall import or acquire, release or market any genetically modified organisms— except in pursuance of a consent granted by the Secretary of State and in accordance with any limitations and conditions to which the consent is subject.
in such cases or circumstances as may be prescribed in relation to that act, or
in any case where he has been given directions under section 108(8)(a) above,
Subject to subsection (7) below, no person who has imported or acquired any genetically modified organisms (whether under a consent or not) shall continue to keep the organisms— except in pursuance of a consent granted by the Secretary of State and in accordance with any limitations or conditions to which the consent is subject.
in such cases or circumstances as may be prescribed, after the end of the prescribed period, or
if he has been given directions under section 108(8)(b) above, after the date specified in the directions,
A person who is required under subsection (2) above to cease keeping any genetically modified organisms shall dispose of them as quickly and safely as practicable.
An application for a consent must contain such information and be made and advertised in such manner as may be prescribed and shall be accompanied by the fee required under section 113 below.
The applicant shall, in prescribed circumstances, give such notice of his application to such persons as may be prescribed.
The Secretary of State may by notice to the applicant require him to furnish such further information specified in the notice, within such period and in such form and manner as may be so specified, as he may require for the purpose of determining the application; and if the applicant fails to furnish the information within the specified period and in the specified form and manner the Secretary of State may refuse to proceed with the application. A notice under this subsection must state the reasons for requiring the further information specified in the notice.
Regulations under this section may provide for exemptions, or for the granting by the Secretary of State , or by the Secretary of State and the Food Standards Agency acting jointly, of exemptions to particular persons or classes of person, from— in such cases or circumstances as may be prescribed.
any requirement under subsection (1) or (2) above to have a consent, or
any of the requirements to be fulfilled under the regulations by an applicant for a consent,
A notice under subsection (6) must state the reasons for requiring the further information specified in the notice.
Where an applicant for consent for releasing or marketing genetically modified organisms becomes aware, before his application is either granted or rejected, of any new information with regard to any risks there are of damage to the environment being caused as a result of the organisms being released or marketed, he shall notify the Secretary of State of that new information forthwith.
Where an application for a consent is duly made to him, the Secretary of State may grant the consent subject to such limitations and conditions as may be imposed under section 112 below or he may refuse the application.
The conditions attached to a consent may include conditions which are to continue to have effect notwithstanding that the holder has completed or ceased the act or acts authorised by the consent.
The Secretary of State may at any time, by notice given to the holder of a consent, revoke the consent or vary the consent (whether by attaching new limitations and conditions or by revoking or varying any limitations and conditions to which it is at that time subject).
Regulations under this section may make different provision for different cases and different circumstances; and in this section “prescribed” means prescribed in regulations under this section.
In the application of this section to Scotland, the reference in subsection (7) to the Food Standards Agency is to be read as a reference to Food Standards Scotland.
The Secretary of State may include in a consent such limitations and conditions as he may think fit for the purpose of ensuring that all appropriate measures are taken to avoid damage to the environment which may arise from the activity permitted by the consent; . . .
Without prejudice to the generality of subsection (1) above, the conditions included in a consent may— and where, under any condition, the holder of a consent is required to cease keeping any genetically modified organisms, he shall dispose of them, if no manner is specified in the conditions, as quickly and safely as practicable.
require the giving of notice of any fact to the Secretary of State; or
prohibit or restrict the keeping, releasing or marketing of genetically modified organisms under the consent in specified cases or circumstances;
Subject to subsection (6) below, there is implied in every consent for the importation or acquisition of genetically modified organisms a general condition that the holder of the consent shall—
take all reasonable steps to keep himself informed (by reference to the nature of the organisms and the manner in which he intends to keep them after their importation or acquisition) of any risks there are of damage to the environment being caused as a result of their importation or acquisition; and
if at any time it appears that any such risks are more serious than were apparent when the consent was granted, notify the Secretary of State forthwith.
Subject to subsection (6) below, there is implied in every consent for keeping genetically modified organisms a general condition that the holder of the consent shall—
take all reasonable steps to keep himself informed of any damage to the environment which may have been caused as a result of his keeping the organisms and of any risks there are of such damage being caused as a result of his continuing to keep them;
if at any time it appears that any such risks are more serious than were apparent when the consent was granted, notify the Secretary of State forthwith; and
use the best available techniques not entailing excessive cost for keeping the organisms under his control and for preventing any damage to the environment being caused as a result of his continuing to keep them.
Subject to subsection (6) below, there is implied in every consent for releasing or marketing genetically modified organisms a general condition that the holder of the consent shall—
take all reasonable steps to keep himself informed (by reference to the nature of the organisms and the extent and manner of the release or marketing) of any risks there are of damage to the environment being caused as a result of their being released or, as the case may be, marketed;
notify the Secretary of State forthwith of—
any new information which becomes available with regard to any risks there are of damage to the environment being so caused, and
the effects of any releases by him for the assessment of any risks there are of damage to the environment being so caused by such organisms being released or marketed;
any unforeseen event, occurring in connection with a release by him, which might affect the risks there are of damage to the environment being caused as a result of their being released;
take such measures as are necessary to prevent damage to the environment being caused as a result of the release or, as the case may be, the marketing of the organisms;
notify the Secretary of State or, in relation to Wales, the National Assembly for Wales of the measures (if any) taken as a result of new information becoming available or an unforeseen event occurring as described in paragraph (b)(iii) above; and
in a case where new information becomes available or an unforeseen event so occurs, revise the information contained in his application for a consent accordingly and supply the revised information to the Secretary of State or, in relation to Wales, the National Assembly for Wales.
The general condition implied into a consent under subsection (3), (4) or (5) above has effect subject to any conditions imposed under subsection (1) above; and the obligations imposed by virtue of subsection (4)(c) or (5)(c) above shall not apply to any aspect of an act authorised by a consent which is regulated by such a condition.
There shall be implied in every consent for keeping, releasing or marketing genetically modified organisms of any description a general condition that the holder of the consent— But this general condition shall have effect subject to any conditions imposed under subsection (1) above.
shall take all reasonable steps to keep himself informed of developments in the techniques which may be available in his case for preventing damage to the environment being caused as a result of the doing of the act authorised by the consent in relation to organisms of that description; and
if it appears at any time that any better techniques are available to him than is required by any condition included in the consent under subsection (1) above, shall notify the Secretary of State of that fact forthwith.
The Secretary of State may, with the approval of the Treasury, make and from time to time revise a scheme prescribing— and it shall be a condition of any such consent that any applicable prescribed charge is paid in accordance with that scheme.
fees payable in respect of applications for consents; and
charges payable by persons holding consents in respect of the subsistence of their consents;
A scheme under this section may, in particular—
provide for different fees or charges to be payable in different cases or circumstances;
provide for the times at which and the manner in which payments are to be made; and
make such incidental, supplementary and transitional provision as appears to the Secretary of State to be appropriate.
The Secretary of State shall so frame a scheme under this section as to secure, so far as practicable, that the amounts payable under it will be sufficient, taking one financial year with another, to cover the expenditure of the Secretary of State in discharging his functions under this Part in relation to consents.
The Secretary of State shall, on making or revising a scheme under this section, lay a copy of the scheme or of the scheme as revised before each House of Parliament.
The Scottish Ministers may, with the consent of the Secretary of State, provide in a scheme under this section for any functions under the scheme to be performed by a Minister of the Crown or government department where they consider it expedient to do so in relation to assimilated law which implemented Directive 2001/18/EC of the European Parliament and of the Council .
The Secretary of State may include in a consent such limitations and conditions as he may think fit for the purpose of ensuring that all appropriate measures are taken to avoid damage to the environment which may arise from the activity permitted by the consent; . . .
Without prejudice to the generality of subsection (1) above, the conditions included in a consent may— and where, under any condition, the holder of a consent is required to cease keeping any genetically modified organisms, he shall dispose of them, if no manner is specified in the conditions, as quickly and safely as practicable.
require the giving of notice of any fact to the Secretary of State; or
prohibit or restrict the keeping, releasing or marketing of genetically modified organisms under the consent in specified cases or circumstances;
Subject to subsection (6) below, there is implied in every consent for the importation or acquisition of genetically modified organisms a general condition that the holder of the consent shall—
take all reasonable steps to keep himself informed (by reference to the nature of the organisms and the manner in which he intends to keep them after their importation or acquisition) of any risks there are of damage to the environment being caused as a result of their importation or acquisition; and
if at any time it appears that any such risks are more serious than were apparent when the consent was granted, notify the Secretary of State forthwith.
Subject to subsection (6) below, there is implied in every consent for keeping genetically modified organisms a general condition that the holder of the consent shall—
take all reasonable steps to keep himself informed of any damage to the environment which may have been caused as a result of his keeping the organisms and of any risks there are of such damage being caused as a result of his continuing to keep them;
if at any time it appears that any such risks are more serious than were apparent when the consent was granted, notify the Secretary of State forthwith; and
use the best available techniques not entailing excessive cost for keeping the organisms under his control and for preventing any damage to the environment being caused as a result of his continuing to keep them.
Subject to subsection (6) below, there is implied in every consent for releasing or marketing genetically modified organisms a general condition that the holder of the consent shall—
take all reasonable steps to keep himself informed (by reference to the nature of the organisms and the extent and manner of the release or marketing) of any risks there are of damage to the environment being caused as a result of their being released or, as the case may be, marketed;
notify the Secretary of State forthwith of—
any new information which becomes available with regard to any risks there are of damage to the environment being so caused, and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any unforeseen event, occurring in connection with a release by him, which might affect the risks there are of damage to the environment being caused as a result of their being released;
take such measures as are necessary to prevent damage to the environment being caused as a result of the release, or, as the case may be, the marketing of the organisms;
notify the Scottish Ministers forthwith of the measures (if any) taken as a result of new information becoming available or an unforeseen event occurring as described in paragraph (b)(iii); and
in a case where new information becomes available or an unforeseen event so occurs, revise the information contained in his application for a consent accordingly and supply the revised information to the Scottish Ministers in such form and manner as they may specify.
The general condition implied into a consent under subsection (3), (4) or (5) above has effect subject to any conditions imposed under subsection (1) above; and the obligations imposed by virtue of subsection (4)(c) or (5)(c) above shall not apply to any aspect of an act authorised by a consent which is regulated by such a condition.
There shall be implied in every consent for keeping, releasing or marketing genetically modified organisms of any description a general condition that the holder of the consent— But this general condition shall have effect subject to any conditions imposed under subsection (1) above.
shall take all reasonable steps to keep himself informed of developments in the techniques which may be available in his case for preventing damage to the environment being caused as a result of the doing of the act authorised by the consent in relation to organisms of that description; and
if it appears at any time that any better techniques are available to him than is required by any condition included in the consent under subsection (1) above, shall notify the Secretary of State of that fact forthwith.
The Secretary of State may appoint as inspectors, for carrying this Part into effect, such number of persons appearing to him to be qualified for the purpose as he may consider necessary.
The Secretary of State may make to or in respect of any person so appointed such payments by way of remuneration, allowances or otherwise as he may with the approval of the Treasury determine.
An inspector shall not be personally liable in any civil or criminal proceedings for anything done in the purported exercise of any power under section 115 or 117 below if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.
In England and Wales an inspector, if authorised to do so by the Secretary of State, may, . . . prosecute before a magistrates’ court proceedings for an offence under section 118(1) below.
In this Part “inspector” means, subject to section 125 below, a person appointed as an inspector under subsection (1) above.
An inspector may, on production (if so required) of his authority, exercise any of the powers specified in subsection (3) below for the purposes of the discharge of the functions of the Secretary of State under this Part.
Those powers are exercisable— but they are not exercisable in relation to premises used wholly or mainly for domestic purposes.
in relation to premises—
on which the inspector has reason to believe a person is keeping or has kept any genetically modified organisms, or
from which he has reason to believe any such organisms have been released or have escaped; and
in relation to premises on which the inspector has reason to believe there may be harmful genetically modified organisms or evidence of damage to the environment caused by genetically modified organisms;
The powers of an inspector are—
at any reasonable time (or, in a situation in which in his opinion there is an immediate risk of damage to the environment, at any time)—
to enter premises which he has reason to believe it is necessary for him to enter and to take with him any person duly authorised by the Secretary of State and, if the inspector has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and
to take with him any equipment or materials required for any purpose for which the power of entry is being exercised;
to carry out such tests and inspections (and to make such recordings), as may in any circumstances be necessary;
to direct that any, or any part of, premises which he has power to enter, or anything in or on such premises, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any test or inspection;
to take samples of any organisms, articles or substances found in or on any premises which he has power to enter, and of the air, water or land in, on, or in the vicinity of, the premises;
in the case of anything found in or on any premises which he has power to enter, which appears to him to contain or to have contained genetically modified organisms which have caused or are likely to cause damage to the environment, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is necessary);
in the case of anything mentioned in paragraph (e) above or anything found on premises which he has power to enter which appears to be a genetically modified organism or to consist of or include genetically modified organisms, to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—
to examine it and do to it anything which he has power to do under that paragraph;
to ensure that it is not tampered with before his examination of it is completed; and
to ensure that it is available for use as evidence in any proceedings for an offence under section 118 below;
to require any person whom he has reasonable cause to believe to be able to give any information relevant to any test or inspection under this subsection to answer (in the absence of persons other than a person nominated to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;
to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which are required to be kept under this Part or it is necessary for him to see for the purposes of any test or inspection under this subsection and to inspect, and take copies of, or of any entry in, the records;
to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any of the powers conferred on him by this section;
any other power for the purpose mentioned in subsection (1) above which is conferred by regulations made by the Secretary of State.
The Secretary of State may by regulations make provision as to the procedure to be followed in connection with the taking of, and the dealing with, samples under subsection (3)(d) above.
Where an inspector proposes to exercise the power conferred by subsection (3)(e) above, he shall, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.
Before exercising the power conferred by subsection (3)(e) above, an inspector shall consult such persons as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under the power.
Where under the power conferred by subsection (3)(f) above an inspector takes possession of anything found on any premises, he shall leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars sufficient to identify what he has seized and stating that he has taken possession of it under that power; and before taking possession under that power of— an inspector shall, if it is practical and safe for him to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.
any thing that forms part of a batch of similar things, or
any substance,
No answer given by a person in pursuance of a requirement imposed under subsection (3)(g) above shall be admissible in evidence—
in any proceedings in England and Wales against that person; or
in any criminal proceedings in Scotland against that person.
The powers conferred by subsection (3)(a), (b), (c), (d), (e) and (h) above shall also be exercisable (subject to subsections (4), (5) and (6) above) by any person authorised for the purpose in writing by the Secretary of State.
Nothing in this section shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, in relation to Scotland, on an order for the production of documents in an action in the Court of Session.
For the purposes of the discharge of his functions under this Part, the Secretary of State may, by notice in writing served on any person who appears to him— require that person to furnish such relevant information available to him as is specified in the notice, in such form and within such period following service of the notice as is so specified.
to be involved in the importation, acquisition, keeping, release or marketing of genetically modified organisms; or
to be about to become, or to have been, involved in any of those activities;
For the purposes of this section “relevant information” means information concerning any aspects of the activities in question, including any damage to the environment which may be or have been caused thereby; and the discharge by the Secretary of State of a function under assimilated law or an obligation of the United Kingdom under ... any international agreement concerning the protection of the environment from harm caused by genetically modified organisms shall be treated as a function of his under this Part.
Where, in the case of anything found by him on any premises which he has power to enter, an inspector has reason to believe that it is a genetically modified organism or that it consists of or includes genetically modified organisms and that, in the circumstances in which he finds it, it is a cause of imminent danger of damage to the environment, he may seize it and cause it to be rendered harmless (whether by destruction, by bringing it under proper control or otherwise).
Before there is rendered harmless under this section— the inspector shall, if it is practicable and safe for him to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.
any thing that forms part of a batch of similar things, or
any substance,
As soon as may be after anything has been seized and rendered harmless under this section, the inspector shall prepare and sign a written report giving particulars of the circumstances in which it was seized and so dealt with by him, and shall— and if, where paragraph (b) above applies, the inspector cannot after reasonable inquiry ascertain the name or address of the owner, the copy may be served on him by giving it to the person to whom a copy was given under paragraph (a) above.
give a signed copy of the report to a responsible person at the premises where it was found by him; and
unless that person is the owner of it, also serve a signed copy of the report on the owner;
It is an offence for a person—
to do anything in contravention of section 108(1) above in relation to something which is, and which he knows or has reason to believe is, a genetically modified organism;
to fail to comply with section 108(3) above when keeping something which is, and which he knows or has reason to believe is, a genetically modified organism;
to do anything in contravention of section 111(1) or (2) above in relation to something which is, and which he knows or has reason to believe is, a genetically modified organism;
to fail to comply with any requirement of subsection (2), (3)(a), (b) or (c) or (4) of section 109 above in relation to something which is, and which he knows or has reason to believe is, a genetically modified organism;
to fail, without reasonable excuse, to comply with section 108(5) or (6) or section 111(6A) above;
to contravene any prohibition imposed on him by a prohibition notice;
without reasonable excuse, to fail to comply with any requirement imposed under section 115 above;
to prevent any other person from appearing before or from answering any question to which an inspector may, by virtue of section 115(3) above, require an answer;
intentionally to obstruct an inspector in the exercise or performance of his powers or duties, other than his powers or duties under section 117 above;
intentionally to obstruct an inspector in the exercise of his powers or duties under section 117 above;
to fail, without reasonable excuse, to comply with any requirement imposed by a notice under section 116 above;
to make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made—
in purported compliance with a requirement to furnish any information imposed by or under any provision of this Part; or
for the purpose of obtaining the grant of a consent to himself or any other person or the variation of a consent;
intentionally to make a false entry in any record required to be kept under section 108 or 111 above;
with intent to deceive, to forge or use a document purporting to be issued under section 111 above or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be likely to deceive;
falsely to pretend to be an inspector.
It shall be a defence for a person charged with an offence under paragraph (a), (b), (c), (d) or (f) of subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
A person guilty of an offence under paragraph (c) or (d) of subsection (1) above shall be liable—
on summary conviction, to a fine not exceeding £20,000 a fine or to imprisonment for a term not exceeding six months, or to both;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years, or to both.
A person guilty of an offence under paragraph (f) of subsection (1) above shall be liable—
on summary conviction, to a fine not exceeding £20,000 a fine or to imprisonment for a term not exceeding six months, or to both;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
A person guilty of an offence under paragraph (a) or (b) of subsection (1) above shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years, or to both.
A person guilty of an offence under paragraph (e), (j), (k), (l), (m) or (n) of subsection (1) above shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
A person guilty of an offence under paragraph (g), (h) or (i) of subsection (1) above shall be liable on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or to both.
A person guilty of an offence under paragraph (o) of subsection (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Where a person is convicted of an offence under paragraph (b) of subsection (1) above in respect of his keeping any genetically modified organism, then, if the contravention in respect of which he was convicted is continued after he was convicted he shall be guilty of a further offence and liable on summary conviction to a fine of one-fifth of level 5 on the standard scale one-fifth of the greater of £5,000 or level 4 on the standard scale for each day on which the contravention is so continued.
Proceedings in respect of an offence under this section shall not be instituted in England and Wales except by the Secretary of State or with the consent of the Director of Public Prosecutions or in Northern Ireland except with the consent of the Director of Public Prosecutions for Northern Ireland.
In any proceedings for either of the following offences, that is to say— it shall be for the accused to prove the matters described in subsection (1A) below.
an offence under section 118(1)(c) above consisting in a failure to comply with the general condition implied by section 112(4)(c) or (5)(c) above; or
an offence under section 118(1)(d) above consisting in a failure to comply with section 109(3)(c) or (4)(c) above;
Where an entry is required by a condition in a consent to be made in any record as to the observance of any other condition and the entry has not been made, that fact shall be admissible as evidence that that other condition has not been observed.
The matters referred to in subsection (1) above are—
in the case of an offence under section 118(1)(c) above consisting in a failure to comply with the general condition implied by section 112(5)(c) above—
that no measures, other than the measures taken by him, were necessary to prevent damage being caused to the environment from the release or, as the case may be, marketing of the organisms, or
in a case where he took no measures, that no measures were necessary; and
in any other case, that there was no better available technique not entailing excessive cost than was in fact used to satisfy the condition or to comply with that section.
Where a person is convicted of an offence under section 118(1)(a), (b), (c), (d), (e) or (f) above in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying those matters.
The time fixed by an order under subsection (1) above may be extended or further extended by order of the court on an application made before the end of the time as originally fixed or as extended under this subsection, as the case may be.
Where a person is ordered under subsection (1) above to remedy any matters, that person shall not be liable under section 118 above in respect of those matters, in so far as they continue during the time fixed by the order or any further time allowed under subsection (2) above.
Where the commission of an offence under section 118(1)(a), (b), (c), (d), (e) or (f) above causes any harm which it is possible to remedy, the Secretary of State may, subject to subsection (2) below—
arrange for any reasonable steps to be taken towards remedying the harm; and
recover the cost of taking those steps from any person convicted of that offence.
The Secretary of State shall not exercise his powers under this section, where any of the steps are to be taken on or will affect land in the occupation of any person other than a person convicted of the offence in question, except with the permission of that person.
The Secretary of State shall maintain a register (“the register”) containing prescribed particulars of or relating to— but that duty is subject to section 123 below.
notices given or other information furnished under section 108 above;
directions given under section 108(8) above;
prohibition notices;
applications for consents (and any further information furnished in connection with them) and any advice given by the committee appointed under section 124 below in relation to such applications;
consents granted by the Secretary of State and any information furnished to him in pursuance of consent conditions;
any other information obtained or furnished under any provision of this Part;
convictions for such offences under section 118 above as may be prescribed;
such other matters relating to this Part as may be prescribed;
It shall be the duty of the Secretary of State—
to secure that the register is open to inspection by members of the public free of charge at all reasonable hours; and
to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges.
The register may be kept in any form.
The Secretary of State may make regulations with respect to the keeping of the register; and in this section “prescribed” means prescribed in regulations made by the Secretary of State.
No information shall be included in the register under section 122 above if and so long as, in the opinion of the Secretary of State, the inclusion of the information would be contrary to the interests of national security.
No information shall be included in the register if and so long as, in the opinion of the Secretary of State, it ought to be excluded on the ground that its inclusion might result in damage to the environment.
No information relating to the affairs of any individual or business shall be included in the register without the consent of that individual or the person for the time being carrying on that business, if the Secretary of State has determined that the information— unless the Secretary of State is of the opinion that the information is no longer commercially confidential in relation to him.
is, in relation to him, commercially confidential; and
is not information of a description to which subsection (7) below applies;
Nothing in subsection (3) above requires the Secretary of State to determine whether any information is or is not commercially confidential except where the person furnishing the information applies to have it excluded on the ground that it is (in relation to himself or another person) commercially confidential.
Where an application has been made for information to be excluded under subsection (3) above, the Secretary of State shall make a determination and inform the applicant of it as soon as is practicable.
Where it appears to the Secretary of State that any information (other than information furnished by the person to whom it relates) which has been obtained under or by virtue of any provision of this Part might be commercially confidential, the Secretary of State shall—
give to the person to whom or to whose business it relates notice that the information is required to be included in the register unless excluded under subsection (3) above; and
give him a reasonable opportunity— and the Secretary of State shall take any representations into account before determining whether the information is or is not commercially confidential.
of objecting to the inclusion of the information on the ground that it is commercially confidential; and
of making representations to the Secretary of State for the purpose of justifying any such objection;
The prescribed particulars of or relating to the matters mentioned in section 122(1)(a), (c),(d) and (e) above shall be included in the register notwithstanding that they may be commercially confidential if and so far as they are of any of the following descriptions, namely— and the Secretary of State may by regulations prescribe any other description of information as information which the public interest requires to be included in the register notwithstanding that it may be commercially confidential.
the name and address of the person giving the notice or furnishing the information;
the general description of any genetically modified organisms to which the notice or other information relates;
the location at any time of those organisms;
the purpose for which those organisms are being imported, acquired, kept, released or marketed (according to whichever of those acts the notice or other information relates);
results of any assessment of the risks of damage to the environment being caused by the doing of any of those acts;
notices under section 112(3), (4), (5) or (7) above;
Information excluded from the register under subsection (3) above shall be treated as ceasing to be commercially confidential for the purposes of that subsection at the expiry of a period of four years beginning with the date of the determination by virtue of which it was excluded; but the person who furnished it or to whom or to whose business it relates may apply to the Secretary of State for the information to remain excluded on the ground that it is still commercially confidential.
The Secretary of State may by order substitute for the period for the time being specified in subsection (8) above such other period as he considers appropriate.
The Secretary of State shall appoint a committee to provide him with advice— and on such other matters concerning his functions under this Part as he may from time to time direct. For other functions of the committee, see Part 2 of the Genetic Technology (Precision Breeding) Act 2023.
on the exercise of his powers under sections 111, 112 and 113 above;
on the exercise of any power under this Part to make regulations;
The chairman and other members of the committee shall hold and vacate office in accordance with the terms of their appointment.
The Secretary of State shall pay to the members of the committee such remuneration (if any) and such allowances as he may, with the consent of the Treasury, determine.
The Secretary of State may, by an agreement made with any public authority, delegate to that authority or to any officer appointed by an authority exercising functions on behalf of that authority any of his enforcement functions under this Part, subject to such restrictions and conditions as may be specified in the agreement.
For the purposes of this section the following are “enforcement functions” of the Secretary of State, that is to say, his functions under— section 110; section 114(1) and (4); section 116; section 118(10); and section 121; and “inspector” in sections 115 and 117 includes, to the extent of the delegation, any inspector appointed by an authority other than the Secretary of State by virtue of an agreement under this section.
The Secretary of State shall, if and so far as an agreement under this section so provides, make payments to the authority to reimburse the authority the expenses incurred in the performance of functions delegated under this section; but no such agreement shall be made without the approval of the Treasury.
Any power of the Secretary of State to make regulations under this Part (other than the power conferred by section 113 above) is exercisable, where the regulations to be made relate to any matter with which the Minister is concerned, by the Secretary of State and the Minister acting jointly.
Any function of the Secretary of State under this Part (other than a power to make regulations) is exercisable, where the function is to be exercised in relation to a matter with which the Minister is concerned, by the Secretary of State and the Minister acting jointly (but subject to subsection (3) below).
Any function of the Secretary of State under sections 108(8) and 110 above is exercisable, where the function is to be exercised in relation to a matter with which the Agency is concerned—
if it is a matter with which the Minister is also concerned, by the Secretary of State, the Minister and the Agency acting jointly;
otherwise, by the Secretary of State and the Agency acting jointly.
Accordingly, references in this Part to the Secretary of State shall, where subsection (1), (2) or (3) above applies, be treated as references to the authorities in question acting jointly.
The Agency shall be consulted before—
any regulations are made under this Part, other than under section 113 above, or
any consent is granted or varied.
The reference in section 113 above to expenditure of the Secretary of State in discharging functions under this Part in relation to consents shall be taken to include a reference to the corresponding expenditure of the Minister in discharging those functions jointly with the Secretary of State.
The validity of anything purporting to be done in pursuance of the exercise of a function of the Secretary of State under this Part shall not be affected by any question whether that thing fell, by virtue of this section, to be done jointly with the Minister or the Agency (or both).
In this section—
In the application of this section to Scotland, the reference in subsection (8) to the Food Standards Agency is to be read as a reference to Food Standards Scotland.
In this Part—
This Part, except in so far as it relates to importations of genetically modified organisms, applies to the territorial sea adjacent to England as it applies in England and applies to the territorial sea adjacent to Wales as it applies in Wales and applies to any area for the time being designated under section 1(7) of the Continental Shelf Act 1964 as it applies in England .
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There shall be three councils, to be called the Nature Conservancy Council for England, the Nature Conservancy Council for Scotland, and the Countryside Council for Wales (in this Part referred to as “the Councils”).
The Councils shall have the following membership, that is to say— and those members shall be appointed by the Secretary of State.
the Nature Conservancy Council for England shall have not less than 10 nor more than 14 members;
the Nature Conservancy Council for Scotland shall have not less than 8 nor more than 12 members; and
the Countryside Council for Wales shall have not less than 8 nor more than 12 members;
The Secretary of State may by order amend paragraph (a), (b) or (c) of subsection (2) above so as to substitute for the number for the time being specified as the maximum membership of a Council such other number as he thinks appropriate.
The Councils shall establish a committee to be called the Joint Nature Conservation Committee (in this Part referred to as “the joint committee”).
Schedules 6 and 7 to this Act shall have effect with respect to the constitution and proceedings of the Councils and of the joint committee and related matters.
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The Secretary of State may with the approval of the Treasury make to the Councils grants of such amounts as the Secretary of State thinks fit.
A grant under this section may be made subject to such conditions (including in particular conditions as to the use of the money for purposes of the joint committee) as the Secretary of State may with the approval of the Treasury think fit.
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The Countryside Council for Wales shall, in place of the Commission established under section 1 of the National Parks and Access to the Countryside Act 1949 (so far as concerns Wales), have such of the functions under the Acts amended by Schedule 8 to this Act (which relates to countryside matters) as are assigned to them in accordance with the amendments effected by that Schedule.
The Countryside Council for Wales shall discharge those functions— and shall have regard to the social and economic interests of rural areas in Wales.
for the conservation and enhancement of natural beauty in Wales and of the natural beauty and amenity of the countryside in Wales, both in the areas designated under the National Parks and Access to the Countryside Act 1949 as National Parks or as areas of outstanding natural beauty and elsewhere;
for encouraging the provision or improvement, for persons resorting to the countryside in Wales, of facilities for the enjoyment thereof and for the enjoyment of the opportunities for open-air recreation and the study of nature afforded thereby;
The reference in subsection (2) above to the conservation of the natural beauty of the countryside includes the conservation of its flora, fauna and geological and physiographical features.
The Countryside Council for Wales and the Countryside Commission shall discharge their respective functions under those Acts (as amended by Schedule 8) on and after a day to be appointed by an order made by the Secretary of State.
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For the purposes of nature conservation, and fostering the understanding thereof, the Councils shall, in place of the Nature Conservancy Council established under the Nature Conservancy Council Act 1973, have the functions conferred on them by sections 132 to 134 below (which are in this Part referred to as “nature conservation functions”).
It shall be the duty of the Councils in discharging their nature conservation functions to take appropriate account of actual or possible ecological changes.
The Councils shall discharge their nature conservation functions on and after a day to be appointed by an order made by the Secretary of State.
The Secretary of State may give the Councils, or any of them, directions of a general or specific character with regard to the discharge of any of their nature conservation functions other than those conferred on them by section 132(1)(a) below.
Any reference in this section to the Councils includes a reference to the joint committee and, accordingly, directions under subsection (4) above may be given to the joint committee as respects any of the functions dischargeable by them (other than under section 133(2)(a)).
In this Part “nature conservation” means the conservation of flora, fauna or geological or physiographical features.
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The Councils shall each have the following functions, namely— and the Councils shall, in discharging their functions under this section, have regard to any advice given to them by the joint committee under section 133(3) below.
such of the functions previously discharged by the Nature Conservancy Council under the Acts amended by Schedule 9 to this Act as are assigned to them in accordance with the amendments effected by that Schedule;
the establishment, maintenance and management of nature reserves (within the meaning of section 15 of the National Parks and Access to the Countryside Act 1949) in their area;
the provision of advice for the Secretary of State or any other Minister on the development and implementation of policies for or affecting nature conservation in their area;
the provision of advice and the dissemination of knowledge to any persons about nature conservation in their area or about matters arising from the discharge of their functions under this section or section 134 below;
the commissioning or support (whether by financial means or otherwise) of research which in their opinion is relevant to any of their functions under this section or section 134 below;
The Councils shall each have power— and they may do all such other things as are incidental or conducive to those functions including (without prejudice to the generality of this provision) making charges and holding land or any interest in or right over land.
to accept any gift or contribution made to them for the purposes of any of the functions conferred on them by subsection (1) above or section 134 below and, subject to the terms of the gift or contribution, to apply it to those purposes;
to initiate and carry out such research directly related to those functions as it is appropriate that they should carry out instead of commissioning or supporting other persons under paragraph (e) of that subsection;
Nothing in this section shall be taken as preventing any of the Councils—
if consulted by another of the Councils about a matter relating to the functions of that other Council, from giving that other Council any advice or information which they are able to give; or
from giving advice or information to the joint committee about any matter relating to any of the functions conferred by section 133(2) and (3) below.
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The Councils shall jointly have the following functions which may, however, be discharged only through the joint committee; and in this section the functions so dischargeable are referred to as “special functions”.
The special functions of the Councils are— and section 132(2) above shall apply to the special functions as it applies to the functions conferred by subsection (1) of that section.
such of the functions previously discharged by the Nature Conservancy Council under the Wildlife and Countryside Act 1981 as are assigned to the Councils jointly as special functions in accordance with the amendments to that Act effected by Schedule 9 to this Act;
the provision of advice for the Secretary of State or any other Minister on the development and implementation of policies for or affecting nature conservation for Great Britain as a whole or nature conservation outside Great Britain;
the provision of advice and the dissemination of knowledge to any persons about nature conservation for Great Britain as a whole or nature conservation outside Great Britain;
the establishment of common standards throughout Great Britain for the monitoring of nature conservation and for research into nature conservation and the analysis of the resulting information;
the commissioning or support (whether by financial means or otherwise) of research which in the opinion of the joint committee is relevant to any matter mentioned in paragraphs (a) to (d) above;
The joint committee may give advice or information to any of the Councils on any matter arising in connection with the functions of that Council under section 132 above which, in the opinion of the committee, concerns nature conservation for Great Britain as a whole or nature conservation outside Great Britain.
For the purposes of this section, references to nature conservation for Great Britain as a whole are references to— and it is immaterial for the purposes of paragraph (a) above that a matter arises only in relation to England, to Scotland or to Wales.
any nature conservation matter of national or international importance or which otherwise affects the interests of Great Britain as a whole; or
any nature conservation matter which arises throughout Great Britain and raises issues common to England, Scotland and Wales,
The Secretary of State may, as respects any matter arising in connection with— give directions to any of the Councils requiring that Council (instead of the joint committee) to discharge that function in relation to that matter.
any special function of the Councils, or
the function of the joint committee under subsection (3) above,
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The Councils may each, with the consent of or in accordance with a general authorisation given by the Secretary of State, give financial assistance by way of grant or loan (or partly in one way and partly in the other) to any person in respect of expenditure incurred or to be incurred by him in doing anything which in their opinion is conducive to nature conservation or fostering the understanding of nature conservation.
No consent or general authorisation shall be given by the Secretary of State under subsection (1) above without the approval of the Treasury.
On making a grant or loan a Council may impose such conditions as they think fit, including (in the case of a grant) conditions for repayment in specified circumstances.
The Councils shall exercise their powers under subsection (3) above so as to ensure that any person receiving a grant or loan under this section in respect of premises to which the public are to be admitted (on payment or otherwise) shall, in the means of access both to and within the premises, and in the parking facilities and sanitary conveniences to be available (if any), make provision, so far as it is in the circumstances both practicable and reasonable, for the needs of members of the public visiting the premises who are disabled.
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The Nature Conservancy Council shall make one or more schemes (“transfer schemes”) for the division of all their property, rights and liabilities (other than rights and liabilities under the contracts of employment of their staff and in respect of the provision of pensions, allowances or gratuities) between the Councils.
On the date appointed by a transfer scheme, the property, rights and liabilities of the Nature Conservancy Council which are the subject of the scheme shall, by virtue of this subsection, become property, rights and liabilities of the Councils to which they are allocated by the scheme.
Part I of Schedule 10 to this Act shall have effect in relation to transfer schemes under this section.
The rights and liabilities of the Nature Conservancy Council in respect of the provision of pensions, allowances and gratuities for or in respect of their members and employees or their former members or employees shall, on the date appointed under section 131(3) above, by virtue of this subsection, become rights and liabilities of the Secretary of State.
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The Countryside Commission shall make one or more schemes (“transfer schemes”) for allocating to the Countryside Council for Wales so much of their property, rights and liabilities (other than rights and liabilities under the contracts of employment of their staff) as the Commission consider appropriate having regard to the countryside functions conferred on the Council by section 130 above.
On the date appointed by a transfer scheme, the property, rights and liabilities of the Countryside Commission which are the subject of the scheme shall, by virtue of this subsection, become property, rights and liabilities of the Countryside Council for Wales.
Part II of Schedule 10 to this Act shall have effect in relation to transfer schemes under this section.
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Any person who immediately before the date appointed under section 131(3) above is employed by the Nature Conservancy Council shall be entitled to receive an offer of employment from one of the Councils (to be determined in accordance with proposals made by the Nature Conservancy Council).
Subsection (1) above does not apply to a person whose contract of employment with the Nature Conservancy Council terminates on the day immediately preceding the date appointed under section 131(3) above.
The Countryside Council for Wales shall also make an offer of employment to any person who—
is, immediately before the date appointed under section 130(4) above, employed by the Countryside Commission; and
is a person the Commission has proposed should receive such an offer.
Part III of Schedule 10 to this Act shall have effect with respect to offers and proposals under this section.
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On the date appointed under section 131(3) above the chairman and other members of the Nature Conservancy Council shall cease to hold office and after that date—
the Council shall consist only of a chairman appointed by the Secretary of State and such one or more other persons as may be so appointed; and
the Council shall have only the following functions, namely— and such other functions as are necessary for winding up their affairs.
anything which falls to be done by the Council under any transfer scheme under section 135 above;
the preparation of such accounts and reports as the Secretary of State may direct;
The Secretary of State may, by order, after consultation with the Nature Conservancy Council and the Councils, dissolve the Nature Conservancy Council on a day specified in the order as soon as he is satisfied that nothing remains to be done by that Council.
The Secretary of State may pay to persons who cease to hold office by virtue of subsection (1) above such sums by way of compensation for loss of office, or loss or diminution of pension rights, as the Secretary of State may, with the approval of the Treasury, determine.
Schedule 11 to this Act (which contains transitional provisions and savings relating to this Part) shall have effect.
The Secretary of State may by regulations prohibit or restrict— of any specified substance or article if he considers it appropriate to do so for the purpose of preventing the substance or article from causing pollution of the environment or harm to human health or to the health of animals or plants.
the importation into and the landing and unloading in the United Kingdom,
the use for any purpose,
the supply for any purpose, and
the storage,
Any such prohibition or restriction may apply—
in all, or only in specified, areas;
in all, or only in specified, circumstances or if conditions imposed by the regulations are not complied with; and
to all, or only to specified descriptions of, persons.
Regulations under this section may—
confer on the Secretary of State power to direct that any substance or article whose use, supply or storage is prohibited or restricted is to be treated as waste or controlled waste of any description and in relation to any such substance or article—
to apply, with or without modification, specified provisions of Part II; or
to direct that it be disposed of or treated in accordance with the direction;
confer on the Secretary of State power, where a substance or article has been imported, landed or unloaded in contravention of a prohibition or restriction imposed under subsection (1)(a) above, to require that the substance or article be disposed of or treated in or removed from the United Kingdom;
confer powers corresponding to those conferred by section 108 of the Environment Act 1995 on persons authorised for any purpose of the regulations by the Secretary of State or any local or other authority; and
include such other incidental and supplemental, and such transitional provisions, as the Secretary of State considers appropriate.
The Secretary of State may, by regulations under this section, direct that, for the purposes of any power conferred on him under subsection (3)(b) above, any prohibition or restriction on the importation into or the landing and unloading in the United Kingdom imposed— shall be treated as imposed under subsection (1)(a) above and any power conferred on him under subsection (3)(b) above shall be exercisable accordingly.
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by or under any enactment,
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Subject to subsection (7) below, it shall be the duty of the Secretary of State before he makes any regulations under this section other than regulations under subsection (4) above—
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... to publish in the London Gazette and, if the regulations apply in Scotland or Northern Ireland, the Edinburgh Gazette or, as the case may be, Belfast Gazette and in any other publication which he considers appropriate, a notice indicating the effect of the proposed regulations and specifying—
the date on which it is proposed that the regulations will come into force;
a place where a draft of the proposed regulations may be inspected free of charge by members of the public during office hours; and
a period of not less than fourteen days, beginning with the date on which the notice is first published, during which representations in writing may be made to the Secretary of State about the proposed regulations; and
to consider any representations which are made to him in accordance with the notice.
The Secretary of State may make regulations under this section in relation to any substance or article without observing the requirements of subsection (6) above where it appears to him that there is an imminent risk, if those requirements are observed, that serious pollution of the environment will be caused.
The Secretary of State may, after performing the duty imposed on him by subsection (6) above with respect to any proposed regulations, make the regulations either— but the Secretary of State shall not make any regulations incorporating modifications unless he is of opinion that it is appropriate for the requirements of subsection (6) above to be disregarded.
in the form of the draft mentioned in subsection (6)(b) above, or
in that form with such modifications as he considers appropriate;
Regulations under this section may provide that a person who contravenes or fails to comply with a specified provision of the regulations or causes or permits another person to contravene or fail to comply with a specified provision of the regulations commits an offence and may prescribe the maximum penalty for the offence.
No offence under the regulations shall be made punishable with imprisonment for more than two years or punishable on summary conviction with a fine exceeding level 5 on the standard scale (if not calculated on a daily basis) or, in the case of a continuing offence, exceeding one-tenth of the level on the standard scale specified as the maximum penalty for the original offence. —
exceeding one-tenth of the level on the standard scale specified as the maximum penalty for the original offence, or
if there is no maximum penalty for the original offence, exceeding one-tenth of the greater of £5,000 or level 4 on the standard scale.
In this section—
“new council” means a council established by section 128(1) of this Act.
For the purposes of subsection (2) above—
“human embryo” means an embryo within the meaning given in the provisions of the Human Fertilisation and Embryology Act 1990 (apart from section 4A) by virtue of section 1(1) and (6) of that Act, and
“human admixed embryo” has the same meaning as it has in that Act by virtue of section 4A(6) and (11) of that Act.
Genes or other genetic material in an organism are “artificially modified” for the purposes of subsection (4) above if they are altered otherwise than by a process which occurs naturally in mating or natural recombination.
Regulations under this section may provide for an enforcement officer to give to a person whom the enforcement officer has reason to believe has committed an offence under the regulations a notice offering the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty not exceeding level 3 on the standard scale.
In subsection (10A), an “enforcement officer” means a person referred to in subsection (3)(c).
Where provision under subsection (10A) is made in regulations under this section, the regulations may—
provide for the amount of the fixed penalty to be different in different cases or descriptions of case,
impose requirements on persons to whom a fixed notice is given to provide their name, address and date of birth,
create offences for failure to comply with requirements mentioned in paragraph (b), subject to a maximum penalty, on summary conviction, of a fine not exceeding level 3 on the standard scale,
enable enforcement officers to give certificates as to proof of payment or non-payment of a fixed penalty and for such certificates to be evidence of the facts stated in them.
Where provision under subsection (10A) is made in regulations under this section, the regulations must require a fixed penalty notice—
to set out the particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence,
to set out the amount of the fixed penalty,
if the amount of the fixed penalty may be discounted in certain circumstances, to set out those circumstances and the amount of the discount,
to set out the period within which the fixed penalty is to be paid, the person to whom it is to be paid and the arrangements for doing so,
to set out the effect of paying the fixed penalty within the payment period and the consequences of not paying the fixed penalty within that period.
The Secretary of State may, by regulations, make provision for, about or connected with the regulation of the importation or exportation of waste or the transit of waste for export.
the importation into and the landing and unloading in the United Kingdom, or
the exportation, or the loading for exportation, from the United Kingdom,
Regulations under this section may make different provision for different descriptions of waste or waste of any description in different circumstances.
Provision that may be made in regulations under this section includes provision prohibiting or restricting—
the importation of waste;
the landing and unloading of waste in the United Kingdom;
the exportation of waste;
the loading of waste for exportation;
the transit of waste for export.
The provision that may be made by virtue of subsection (1A) includes provision which relates to—
the intended final destination of waste, or
the countries or territories it is intended to pass through before reaching that destination.
Regulations under this section may confer functions on the Secretary of State or a waste regulation authority, including functions—
involving the exercise of a discretion;
relating to enforcement.
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Regulations under this section may—
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make them exercisable in relation to individual consignments or consignments in a series by the same person but not in relation to consignments or descriptions of consignments generally; and
confer on the Secretary of State power, by direction to the authorities or any of them, to make the functions or any of them exercisable instead by him whether indefinitely or for any period;
impose or provide for the imposition of prohibitions either absolutely or only if conditions or procedures ... are not complied with;
provide for the Secretary of State to issue general directions as to the exercise by waste regulation authorities of their functions in connection with the regulation of the importation or exportation of waste or the transit of waste for export;
impose duties to be complied with before, on or after any importation or exportation of waste by persons who are, or are to be, consignors, consignees, carriers or holders of the waste or any waste derived from it;
confer powers corresponding, with or without modifications, to section 108(4) of the Environment Act 1995 (powers of entry and seizure) on persons authorised by the Secretary of State or a waste regulation authority;
provide for the charging by waste regulation authorities of fees or charges payable by persons involved in the importation or exportation of waste or the transit of waste for export;
provide that such fees or charges may be used by waste regulation authorities to meet costs incurred in exercising their functions in connection with the regulation of those activities;
provide for appeals to the Secretary of State from determinations made by waste regulation authorities;
provide for the keeping by the Secretary of State, waste regulation authorities and waste collection authorities of public registers of information relating to the importation and exportation of waste and for the transmission of such information between any of those persons;
create offences, subject to the limitation that no offence shall be punishable with imprisonment for more than two years or punishable on summary conviction with imprisonment for more than the prescribed term or a fine exceeding level 5 on the standard scale (if not calculated on a daily basis) or, in the case of a continuing offence, exceeding one-tenth of the level on the standard scale specified as the maximum penalty for the original offence. —
exceeding one-tenth of the level on the standard scale specified as the maximum penalty for the original offence, or
if there is no maximum penalty for the original offence, exceeding one-tenth of the greater of £5,000 or level 4 on the standard scale.
make provision authorising the disclosure of information by Officers of Revenue and Customs to waste regulation authorities;
confer, on persons designated as general customs officials under section 3(1) of the Borders, Citizenship and Immigration Act 2009, functions relating to the seizure and detention of waste that has arrived at, or entered into, the United Kingdom or is to leave the United Kingdom;
make provision for, about or connected with the imposition of civil sanctions.
In this section—
“direction” means a direction under section 32(2);
In the application of this section to Northern Ireland and the territorial sea of the United Kingdom adjacent to Northern Ireland “waste regulation authority” means the Department of the Environment for Northern Ireland.
In subsection (5)(g), “the prescribed term” means—
in relation to England and Wales, where the offence is a summary offence, 51 weeks;
in relation to England and Wales, where the offence is triable either way, the general limit in a magistrates’ court;
in relation to Scotland and Northern Ireland, six months.
Regulations under this section that— must also provide that, in relation to an offence committed before the day referred to in paragraph (b)(ii), any reference in the relevant provision to a term of imprisonment of more than 6 months is to be read as a reference to a term of imprisonment of 6 months.
make provision for a summary offence under the law of England and Wales to be punishable with imprisonment for more than 6 months (“the relevant provision”), and
are made—
on or after 2 May 2022, but
before the day on which section 281(5) of the Criminal Justice Act 2003 comes into force,
For the purposes of this section “civil sanction” means a sanction of a kind for which provision may be made under Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (fixed monetary penalties, discretionary requirements, stop notices and enforcement undertakings).
The regulations may make provision for, about or connected with the imposition of a sanction of that kind whether or not—
the conduct in respect of which the sanction is imposed constitutes an offence, or
the person imposing it is a regulator for the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008.
Regulations under this section may make provision in relation to any area of sea or seabed or its subsoil within the seaward limits of—
the area designated by Order in Council under section 1(7) of the Continental Shelf Act 1964 (designation of continental shelf), or
the area designated by Order in Council under section 41(3) of the Marine and Coastal Access Act 2009 (designation of exclusive economic zone).
Regulations under this section may make consequential, supplementary, incidental, transitional or saving provision, including provision amending, repealing or revoking primary legislation or assimilated direct legislation.
The Secretary of State may, for the purpose of assessing their potential for causing pollution of the environment or harm to human health, by regulations make provision for and in connection with the obtaining of relevant information relating to substances which may be specified by him by order for the purposes of this section.
The Secretary of State shall not make an order under subsection (1) above specifying any substance—
which was first supplied in any member State or in the United Kingdom on or after 18th September 1981; or
in so far as it is a regulated substance for the purposes of any relevant enactment.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations under this section may—
prescribe the descriptions of relevant information which are to be furnished under this section in relation to specified substances;
impose requirements on manufacturers, importers or suppliers generally to furnish information prescribed under paragraph (a) above;
provide for the imposition of requirements on manufacturers, importers or suppliers generally to furnish relevant information relating to products or articles containing specified substances in relation to which information has been furnished in pursuance of paragraph (b) above;
provide for the imposition of requirements on particular manufacturers, importers or suppliers to furnish further information relating to specified substances in relation to which information has been furnished in pursuance of paragraph (b) above;
provide for the imposition of requirements on particular manufacturers or importers to carry out tests of specified substances and to furnish information of the results of the tests;
authorise persons to comply with requirements to furnish information imposed on them by or under the regulations by means of representative persons or bodies;
impose restrictions on the disclosure of information obtained under this section and provide for determining what information is, and what information is not, to be treated as furnished in confidence;
create offences, subject to the limitation that no offence shall be punishable with imprisonment or punishable on summary conviction with a fine exceeding level 5 on the standard scale;
make any public authority designated by the regulations responsible for the enforcement of the regulations to such extent as may be specified in the regulations;
include such other incidental and supplemental, and such transitional, provisions as the Secretary of State considers appropriate.
The Secretary of State shall have regard, in imposing or providing for the imposition of any requirement under subsection (4)(b), (c), (d) or (e) above, to the cost likely to be involved in complying with the requirement.
In this section—
The enactments which are relevant for the purposes of subsection (2)(b) above are the following— the Explosives Regulations 2014; the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) in relation to radioactive material or radioactive waste; Parts 3 to 8 and 16 of the Human Medicines Regulations 2012; Part IV of the Agriculture Act 1970; the Misuse of Drugs Act 1971; Part III of the Food and Environment Protection Act 1985; . . . the Food Safety Act 1990; the Veterinary Medicines Regulations 2006; and a substance is a regulated substance for the purposes of any such enactment in so far as any prohibition, restriction or requirement is imposed in relation to it by or under the enactment for the purposes of that enactment.
For the purposes of the registers to be maintained under this section, the Secretary of State may, by regulations—
specify contaminative uses of land;
prescribe the form of the registers and the particulars to be included in them; and
make such other provision as appears to him to be appropriate in connection with the maintenance of the registers.
It shall be the duty of a local authority, as respects land in its area subject to contamination, to maintain, in accordance with the regulations, a register in the prescribed form and containing the prescribed particulars.
The duty imposed by subsection (2) above on a local authority is a duty to compile and maintain the register from the information available to the authority from time to time.
A local authority shall secure that the register is open to inspection at its principal office by members of the public free of charge at all reasonable hours and shall afford to members of the public reasonable facilities for obtaining, on payment of reasonable charges, copies of entries in the register.
Regulations under subsection (1)(c) above may prescribe the measures to be taken by local authorities for informing persons whose land is the subject of entries in a register about the entries or for enabling them to inform themselves about them.
In this section—
The Secretary of State may, for the purpose of assessing their potential for causing pollution of the environment or harm to human health, by regulations make provision for and in connection with the obtaining of relevant information relating to substances which may be specified by him by order for the purposes of this section.
The Secretary of State shall not make an order under subsection (1) above specifying any substance—
which was first supplied in any member State or in the United Kingdom on or after 18th September 1981; or
in so far as it is a regulated substance for the purposes of any relevant enactment.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations under this section may—
prescribe the descriptions of relevant information which are to be furnished under this section in relation to specified substances;
impose requirements on manufacturers, importers or suppliers generally to furnish information prescribed under paragraph (a) above;
provide for the imposition of requirements on manufacturers, importers or suppliers generally to furnish relevant information relating to products or articles containing specified substances in relation to which information has been furnished in pursuance of paragraph (b) above;
provide for the imposition of requirements on particular manufacturers, importers or suppliers to furnish further information relating to specified substances in relation to which information has been furnished in pursuance of paragraph (b) above;
provide for the imposition of requirements on particular manufacturers or importers to carry out tests of specified substances and to furnish information of the results of the tests;
authorise persons to comply with requirements to furnish information imposed on them by or under the regulations by means of representative persons or bodies;
impose restrictions on the disclosure of information obtained under this section and provide for determining what information is, and what information is not, to be treated as furnished in confidence;
create offences, subject to the limitation that no offence shall be punishable with imprisonment or punishable on summary conviction with a fine exceeding level 5 on the standard scale;
make any public authority designated by the regulations responsible for the enforcement of the regulations to such extent as may be specified in the regulations;
include such other incidental and supplemental, and such transitional, provisions as the Secretary of State considers appropriate.
The Secretary of State shall have regard, in imposing or providing for the imposition of any requirement under subsection (4)(b), (c), (d) or (e) above, to the cost likely to be involved in complying with the requirement.
In this section—
The enactments which are relevant for the purposes of subsection (2)(b) above are the following— the Explosives Regulations 2014; the Radioactive Substances Act 1993 Environmental Authorisations (Scotland) Regulations 2018; Parts 3 to 8 and 16 of the Human Medicines Regulations 2012; Part IV of the Agriculture Act 1970; the Misuse of Drugs Act 1971; Part III of the Food and Environment Protection Act 1985; . . . the Food Safety Act 1990; the Veterinary Medicines Regulations 2006; and a substance is a regulated substance for the purposes of any such enactment in so far as any prohibition, restriction or requirement is imposed in relation to it by or under the enactment for the purposes of that enactment.
Schedule 13 to this Act (which contains miscellaneous amendments to the legislation relating to hazardous substances) shall have effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 107(6) of the Water Act 1989 (penalties for offences of polluting controlled waters or contravening consent conditions), in paragraph (a), for the words “the statutory maximum” there shall be substituted “£20,000”.
In sections 31(7)(a), 31A(2)(c)(i) and 32(7)(a) of the Control of Pollution Act 1974 (corresponding penalties for Scotland), for the words “the statutory maximum” there shall be substituted “£20,000”.
Part II of the Food and Environment Protection Act 1985 (under which licences are required for deposits by British vessels etc at sea anywhere or by foreign vessels etc in United Kingdom waters or, in certain circumstances, within British fishery limits) shall be amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in paragraph (a), after the words “United Kingdom waters” there shall be inserted the words “or United Kingdom controlled waters”;
paragraphs (c) and (d) shall be omitted;
in paragraph (e)—
in sub-paragraph (i), after the words “United Kingdom waters” there shall be inserted the words “or United Kingdom controlled waters” and at the end there shall be inserted the word “or”; and
sub-paragraph (iii) shall be omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in sub-paragraph (i), after the words “United Kingdom waters” there shall be inserted the words “or United Kingdom controlled waters” and at the end there shall be inserted the word “or”; and
sub-paragraph (iii) shall be omitted.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (2)(b), for the words “British fishery limits” there shall be substituted the words “United Kingdom waters or United Kingdom controlled waters;”; and
in subsection (3)(a), for the words “British fishery limits” there shall be substituted the words “United Kingdom waters or United Kingdom controlled waters;”.
In section 21 (penalties for offences)—
in subsection (2), for the words “2(4) and 9(1)” there shall be substituted the words “and 2(4)”; and
after that subsection, there shall be inserted the following subsection—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 2 (powers in relation to vessels, aircraft, etc. for the purposes of Part I or Part II or both Parts of the Act), in paragraph 3(3) (removal to United Kingdom), after the words “Part I” there shall be inserted the words “or II”.
In Part II of the Food and Environment Protection Act 1985, for section 14 (registers of licences) there shall be substituted the following section—
Schedule 14 to this Act (which amends the provisions of the Prevention of Oil Pollution Act 1971) shall have effect.
Without prejudice to the generality of subsections (1), (3) and (4) of section 20 of the Merchant Shipping Act 1979, an Order under subsection (1) of that section may make in connection with offences created by or under any such Order provision corresponding to that made in connection with offences under section 2(2A) of the Prevention of Oil Pollution Act 1971 by any provision of— and may do so whether by applying (or making provision for the application of) any of those provisions, subject to such modifications as may be specified by or under the Order, or otherwise.
section 19(4A) of that Act, and
sections 19A and 20 of that Act,
This section (and Schedule 14) shall not apply in relation to any offence committed before this section comes into force.
Every local authority shall appoint an officer (under whatever title the authority may determine) for the purpose of discharging the functions imposed or conferred by this section for dealing with stray dogs found in the area of the authority.
The officer may delegate the discharge of his functions to another person but he shall remain responsible for securing that the functions are properly discharged.
Where the officer has reason to believe that any dog found in a public place or on any other land or premises is a stray dog, he shall (if practicable) seize the dog and detain it, but, where he finds it on land or premises which is not a public place, only with the consent of the owner or occupier of the land or premises.
Where any dog seized under this section wears a collar having inscribed thereon or attached thereto the address of any person, or the owner of the dog is known, the officer shall serve on the person whose address is given on the collar, or on the owner, a notice in writing stating that the dog has been seized and where it is being kept and stating that the dog will be liable to be disposed of if it is not claimed within seven clear days after the service of the notice and the amounts for which he would be liable under subsection (5) below are not paid.
A person claiming to be the owner of a dog seized under this section shall not be entitled to have the dog returned to him unless he pays all the expenses incurred by reason of its detention and such further amount as is for the time being prescribed.
Where any dog seized under this section has been detained for seven clear days after the seizure or, where a notice has been served under subsection (4) above, the service of the notice and the owner has not claimed the dog and paid the amounts due under subsection (5) above the officer may dispose of the dog— but no dog seized under this section shall be sold or given for the purposes of vivisection.
by selling it or giving it to a person who will, in his opinion, care properly for the dog;
by selling it or giving it to an establishment for the reception of stray dogs; or
by destroying it in a manner to cause as little pain as possible;
Where a dog is disposed of under subsection (6)(a) or (b) above to a person acting in good faith, the ownership of the dog shall be vested in the recipient.
The officer shall keep a register containing the prescribed particulars of or relating to dogs seized under this section and the register shall be available, at all reasonable times, for inspection by the public free of charge.
The officer shall cause any dog detained under this section to be properly fed and maintained.
Notwithstanding anything in this section, the officer may cause a dog detained under this section to be destroyed before the expiration of the period mentioned in subsection (6) above where he is of the opinion that this should be done to avoid suffering.
In this section—
Any person (in this section referred to as “the finder”) who takes possession of a stray dog shall forthwith either—
return the dog to its owner; or
take the dog— and shall inform the officer of the local authority . . . where the dog was found.
to the officer of the local authority for the area in which the dog was found; . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a dog has been taken under subsection (1) above to the officer of a local authority, then—
if the finder desires to keep the dog, he shall inform the officer of this fact and shall furnish his name and address and the officer shall, having complied with the procedure (if any) prescribed under subsection (6) below, allow the finder to remove the dog;
if the finder does not desire to keep the dog, the officer shall, unless he has reason to believe it is not a stray, treat it as if it had been seized by him under section 149 above.
Where the finder of a dog keeps the dog by virtue of this section he must keep it for not less than one month.
In Scotland a person who keeps a dog by virtue of this section for a period of two months without its being claimed by the person who has right to it shall at the end of that period become the owner of the dog.
If the finder of a dog fails to comply with the requirements of subsection (1) or (3) above he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
The Secretary of State may, by regulations, prescribe the procedure to be followed under subsection (2)(a) above.
In this section “local authority” and “officer” have the same meaning as in section 149 above.
Section 13 of the Animal Health Act 1981 (orders for control, etc. of dogs) shall be amended by the insertion, after subsection (2), of the following subsections—
In section 50(1) of that Act (meaning of “local authority”) at the end there shall be inserted the words “and to section 13(3) above”.
In section 60(1) of that Act (enforcement), at the end, there shall be inserted the words “but subject, in the case of orders under section 13, to any provision made under subsection (3) of that section.”
Any person (in this section referred to as “the finder”) who takes possession of a stray dog shall forthwith either—
return the dog to its owner; or
take the dog— and shall inform the officer of the local authority or the police officer in charge of the police station, as the case may be, where the dog was found.
to the officer of the local authority for the area in which the dog was found; or
to the police station which is nearest to the place where the dog was found;
Where a dog has been taken under subsection (1) above to the officer of a local authority, then—
if the finder desires to keep the dog, he shall inform the officer of this fact and shall furnish his name and address and the officer shall, having complied with the procedure (if any) prescribed under subsection (6) below, allow the finder to remove the dog;
if the finder does not desire to keep the dog, the officer shall, unless he has reason to believe it is not a stray, treat it as if it had been seized by him under section 149 above.
Where the finder of a dog keeps the dog by virtue of this section he must keep it for not less than one month.
In Scotland a person who keeps a dog by virtue of this section for a period of two months without its being claimed by the person who has right to it shall at the end of that period become the owner of the dog.
If the finder of a dog fails to comply with the requirements of subsection (1) or (3) above he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
The Secretary of State may, by regulations, prescribe the procedure to be followed under subsection (2)(a) above.
In this section “local authority” and “officer” have the same meaning as in section 149 above.
The appropriate Minister may by regulations prohibit or restrict the burning of crop residues on agricultural land by persons engaged in agriculture and he may (by the same or other regulations) provide exemptions from any prohibition or restriction so imposed.
Regulations providing an exemption from any prohibition or restriction may make the exemption applicable—
in all, or only in specified, areas;
to all, or only to specified, crop residues; or
in all, or only in specified, circumstances.
Any power to make regulations under this section includes power—
to make different provision for different areas or circumstances;
where burning of a crop residue is restricted, to impose requirements to be complied with before or after the burning;
to create offences subject to the limitation that no offence shall be made punishable otherwise than on summary conviction and the fine prescribed for the offence shall not exceed level 5 on the standard scale; and
to make such incidental, supplemental and transitional provision as the appropriate Minister considers appropriate.
Where it appears to the appropriate Minister appropriate to do so in consequence of any regulations made under the foregoing provisions of this section, the appropriate Minister may, by order, repeal any byelaws of local authorities dealing with the burning of crop residues on agricultural land.
In this section—
The Secretary of State may, with the consent of the Treasury, give financial assistance to, or for the purposes of, any of the following—
the United Nations Environment Programme;
Cenex (Centre of Excellence for Low Carbon and Fuel Cell Technologies) in relation to its activities as respects England and Wales and Northern Ireland;
the European Environmental Bureau;
the chemicals programme of the Organisation for Economic Co-operation and Development;
the joint inter-Governmental panel on Climate Change of the United Nations Environment Programme and the World Meteorological Organisation;
the International Union for the Conservation of Nature and Natural Resources;
the Convention on International Trade in Endangered Species of Wild Fauna and Flora;
the Convention on Wetlands of International Importance Especially as Waterfowl Habitat;
the Convention on Long-range Transboundary Air Pollution and any protocol to that Convention;
the Convention and Protocol for the Protection of the Ozone Layer;
the Convention on the Conservation of Migratory Species of Wild Animals;
the Groundwork Foundation and Trusts;
the environmental protection technology scheme for research and development in the United Kingdom in relation to such technology;
the programme known as the special grants programme so far as it relates to the protection, improvement or better understanding of the environment of, or of any part of, Great Britain.
the Royal Society for the Encouragement of Arts, Manufactures and Commerce so far as its activities relate to the protection, improvement or better understanding of the environment.
UK 2000 Scotland.
the programme known as the Environment Wales programme so far as it relates to the protection, improvement or better understanding of the environment of, or of any part of, Wales.
the grant programme known as the Environmental Action Fund;
the programmes or schemes of the United Nations Habitat and Human Settlements Foundation;
the programmes or schemes of the International Federation for Housing and Planning so far as they relate to the protection, improvement or better understanding of the environment;
the programmes or schemes of the INTA.AIVN-International Urban Development Association so far as they relate to the protection, improvement or better understanding of the environment;
the scheme known as the Darwin Initiative for the Survival of Species that provides support for the conservation and sustainable use of biological resources and habitats and for the furtherance of the aims of the Convention on Biological Diversity.
the programme known as the Promotion of Positive Environmental Management in Industry Programme.
any national or international architectural award scheme or competition scheme relating to the protection, improvement or better understanding of the environment;
the National Forest Company.
the Energy Saving Trust Limited.
the Convention on Biological Diversity;
the United Nations Framework Convention on Climate Change.
the programme known as Radon Measurement and Support for Remedial Works Campaigns in England;
the programme known as the Mersey Basin Campaign, in so far as it relates to the protection, improvement or better understanding of the environment, administered by the Mersey Basin Business Foundation;
Going For Green Limited, in so far as the activities of that company relate to the protection, improvement or better understanding of the environment.
the programme known as the Sustainable Action Fund.
The Tidy Britain Group.
The Wales Wildlife and Countryside Link.
Environmental Campaigns Limited.
the Convention for the Protection of the Marine Environment of the North East Atlantic.
the programme known as Pollution Emergency Response Services;
the programme known as the Waste and Resources Action Programme;
the Protocol on Energy Efficiency and Related Environmental Aspects to the Energy Charter Treaty;
Zero Waste Scotland;
any scheme or programme for the storage, treatment or disposal of any material or product for the purpose of preventing or reducing environmental damage;
the programme known as the Waste Minimisation and Recycling Programme;
the Carbon Trust;
the fund known as the Aggregates Levy Sustainability Fund;
any scheme or programme for the purpose of preventing or reducing waste, or of promoting resource efficiency, including (without prejudice to those generalities) the Zero Waste programme;
the Carbon Trust;
any scheme for the regulation of emissions from motor vehicles.
the International Sustainable Development Fund;
the scheme known as the Bio-energy Infrastructure Scheme.
the scheme known as the World Summit on Sustainable Development Implementation Fund;
the programme known as the Envirowise Programme, in relation to its activities in England.
the Zero Carbon Hub Limited.
the scheme known as the Community and Renewable Energy Scheme.
the programme known as the Low Carbon Infrastructure Transition Programme.
any programme of measures to achieve, in relation to a body of water, environmental objectives of the kind that may be set in relation to that body of water under Part 1 of the Water Environment and Water Services (Scotland) Act 2003 or (as the case may be) schedule 1 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004.
the programme known as the Scottish Industrial Energy Transformation Fund.
a regional land use partnership as defined in section 35(7) of the Climate Change (Scotland) Act 2009, so far as its activities relate to the protection, improvement or better understanding of the environment;
any scheme, programme or organisation for the purposes of assessing—
greenhouse gas emissions from land (including from the use of land),
the potential for reducing those emissions;
any scheme, programme or organisation for the purposes of assessing—
biodiversity supported by land,
the potential for improving that diversity;
any scheme, programme or organisation for the purposes of assessing—
soil quality,
the potential for improving the capacity of soil to support life (whether directly or indirectly);
any scheme, programme or organisation for the purposes of eliminating or reducing greenhouse gas emissions from the heating of buildings;
any scheme, programme or organisation for the purposes of improving the energy efficiency of buildings;
any scheme, programme or organisation for the purposes of the protection, improvement or better understanding of air quality.
the Low Carbon Vehicle Partnership Limited, in relation to its activities as respects England and Wales;
the United Nations Environment Programme;
the European Environmental Bureau;
the chemicals programme of the Organisation for Economic Co-operation and Development;
the joint inter-Governmental panel on Climate Change of the United Nations Environment Programme and the World Meteorological Organisation;
the International Union for the Conservation of Nature and Natural Resources;
the Convention on International Trade in Endangered Species of Wild Fauna and Flora;
the Convention on Wetlands of International Importance Especially as Waterfowl Habitat;
the Convention on Long-range Transboundary Air Pollution and any protocol to that Convention;
the Convention and Protocol for the Protection of the Ozone Layer;
the Convention on the Conservation of Migratory Species of Wild Animals;
the Groundwork Foundation and Trusts;
the environmental protection technology scheme for research and development in the United Kingdom in relation to such technology;
the programme known as the special grants programme so far as it relates to the protection, improvement or better understanding of the environment of, or of any part of, England and Wales;
the Royal Society for the Encouragement of Arts, Manufactures and Commerce so far as its activities relate to the protection, improvement or better understanding of the environment;
the programme known as the Environment Wales programme so far as it relates to the protection, improvement or better understanding of the environment of, or of any part of, Wales;
the programmes or schemes of the United Nations Habitat and Human Settlements Foundation;
the programmes or schemes of the International Federation for Housing and Planning so far as they relate to the protection, improvement or better understanding of the environment;
the programmes or schemes of the INTA.AIVN-International Urban Development Association so far as they relate to the protection, improvement or better understanding of the environment;
the scheme known as the Darwin Initiative for the Survival of Species that provides support for the conservation and sustainable use of biological resources and habitats and for the furtherance of the aims of the Convention on Biological Diversity;
the programme known as the Promotion of Positive Environmental Management in Industry Programme;
any national or international architectural award scheme or competition scheme relating to the protection, improvement or better understanding of the environment;
the National Forest Company;
the Energy Saving Trust Limited;
the Convention on Biological Diversity;
the United Nations Framework Convention on Climate Change;
the programme known as Radon Measurement and Support for Remedial Works Campaigns in England;
the Wales Wildlife and Countryside Link;
the Convention for the Protection of the Marine Environment of the North East Atlantic;
the programme known as Pollution Emergency Response Services;
the programme known as the Waste and Resources Action Programme;
the Protocol on Energy Efficiency and Related Environmental Aspects to the Energy Charter Treaty;
the programme known as the Waste Minimisation and Recycling Programme;
the Carbon Trust;
the International Sustainable Development Fund;
the scheme known as the Bio-energy Infrastructure Scheme;
the Zero Carbon Hub Limited;
the Low Carbon Vehicle Partnership Limited, in relation to its activities as respects England and Wales;
Keep Britain Tidy;
the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972;
the International Convention for the Regulation of Whaling, 1946.
any scheme, programme or organisation for the purpose of preventing or reducing waste or litter in England, or of promoting resource efficiency in England;
any scheme, programme or organisation for the storage, transport, treatment or disposal of any material or product in England for the purpose of preventing or reducing environmental damage.
Financial assistance may be given in respect of particular activities or generally in respect of all or some part of the activities carried on or supported by the recipient.
Financial assistance shall be given in such form and on such terms as the Secretary of State may think fit and, in particular, assistance may be given by making grants (whether or not repayable), loans or guarantees to, or by incurring expenditure, or providing services, staff or equipment for the benefit of, the recipient.
The Secretary of State may, by order, vary subsection (1) above by adding to or deleting from it any description of organisation, scheme, programme or international agreement whose purposes relate to the protection, improvement or better understanding of the environment.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employment with the Groundwork Foundation shall be and shall be deemed always to have been included among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) the words “Groundwork Foundation” shall be inserted after the words “Gaming Board for Great Britain”.
In section 110 of the Transport Act 1968 (Inland Waterways Amenity Advisory Council) at the end there shall be inserted—
The Secretary of State may by regulations provide that the provisions to which this section applies shall have effect with such modifications as may be prescribed for the purpose of enabling Her Majesty’s Government in the United Kingdom—
to give effect to any assimilated obligation or exercise any related right; or
to give effect to any obligation or exercise any related right under any international agreement to which the United Kingdom is for the time being a party.
This section applies to the following provisions of this Act— ; and the provisions of the the Radioactive Substances Act 1993 Environmental Authorisations (Scotland) Regulations 2018.
Part I;
Part II;
Part VI; and
in Part VIII, sections 140, 141 or 142
In this section—
This section, in its application to Northern Ireland, has effect subject to the following modifications, that is to say— and regulations under it made by that Department shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
in its application in relation to Part VI and sections 140, 141, and 142, the reference to Her Majesty’s Government in the United Kingdom includes a reference to Her Majesty’s Government in Northern Ireland; and
in its application in relation to the Radioactive Substances Act 1960, the reference to the Secretary of State shall be construed as a reference to the Department of the Environment for Northern Ireland and the reference to Her Majesty’s Government in the United Kingdom shall be construed as a reference to Her Majesty’s Government in Northern Ireland;
Where an offence under any provision of this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Where the commission by any person of an offence under Part I, II, IV, or VI, or section 140, 141 or 142 above is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this section whether or not proceedings for the offence are taken against the first-mentioned person.
Subject to the provisions of this section, the provisions of this Act and of regulations and orders made under it shall bind the Crown.
No contravention by the Crown of any provision of this Act or of any regulations or order made under it shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of any public or local authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.
Notwithstanding anything in subsection (2) above, the provisions of this Act and of regulations and orders made under it shall apply to persons in the public service of the Crown as they apply to other persons.
If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to the premises, those powers shall not be exercisable in relation to those premises; and in this subsection “Crown premises” means premises held or used by or on behalf of the Crown.
Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
References in this section to regulations or orders are references to regulations or orders made by statutory instrument.
For the purposes of this section in its application to Part II and Part IV the authority charged with enforcing the provisions of those Parts in its area is—
in the case of Part II, any waste regulation authority, and
in the case of Part IV, any principal litter authority.
Any notice required or authorised by or under this Act to be served on or given to an inspector may be served or given by delivering it to him or by leaving it at, or sending it by post to, his office.
Any such notice required or authorised to be served on or given to a person other than an inspector may be served or given by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.
Any such notice may—
in the case of a body corporate, be served on or given to the secretary or clerk of that body;
in the case of a partnership, be served on or given to a partner or a person having the control or management of the partnership business.
For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person on or to whom any such notice is to be served or given shall be his last known address, except that— and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom.
in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body;
in the case of a partnership or person having the control or the management of the partnership business, it shall be the principal office of the partnership;
If the person to be served with or given any such notice has specified an address in the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept notices of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address.
The preceding provisions of this section shall apply to the sending or giving of a document as they apply to the giving of a notice.
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Any power conferred by this Act to give a direction shall include power to vary or revoke the direction.
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Any direction given under this Act shall be in writing.
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Regulations and orders under this Act are subject to the negative procedure, other than—
regulations or orders subject to the affirmative procedure by virtue of subsection (2);
regulations made by a Northern Ireland department under section 156 (power to give effect to assimilated obligations and international obligations);
an order under section 164(3) (commencement);
an order under paragraph 4 of Schedule 3 (statutory nuisance).
Regulations or orders made under a section listed in the first column of the following Table that are of the description specified in the second column are subject to the affirmative procedure— Section Description of regulations or orders 34CA (electronic waste tracking) are the first set of regulations to be made by the relevant national authority (within the meaning given by section 34CA(12)) under section 34CA, provide for conduct to be a criminal offence which is not a criminal offence under existing regulations made by that authority under that section, increase the maximum penalty for a criminal offence under existing regulations made by that authority under that section, provide for conduct to be subject to a civil sanction (within the meaning given by section 34CB(4)) which is not subject to a civil sanction under existing regulations made by that authority under that section, or amend, repeal or revoke a provision contained in primary legislation (within the meaning given by section 34CB(8)) .... 34D (prohibition on disposal of food waste to sewer: Wales) any regulations under that section. 45AZC (separation of waste) any regulations under that section. 45AA(10) (separate collection of waste: Wales) any regulations under that section. 46ZC(1) (civil penalty charges under section 46ZA: procedure and amount) any regulations under that subsection. 62ZA (regulation of hazardous waste in England and Wales) provide for conduct to be a criminal offence which is not a criminal offence under existing regulations made by the relevant national authority (within the meaning given by section 62ZA(11)) under section 62ZA, increase the maximum penalty for a criminal offence under existing regulations made by that authority under that section, or provide for conduct to be subject to a civil sanction (within the meaning given by section 62ZA(4)) which is not subject to a civil sanction under existing regulations made by that authority under that section. 78M(4) (offences of not complying with a remediation notice) any order under that section. 79(1ZA) (statutory nuisance) any regulations under that section. 80ZA(11) (fixed penalty notices) any regulations under that section. 88A (litter from vehicles: England) regulations that include provision falling within section 88A(3)(a) or (6). 88C(5) (littering from a vehicle: Scottish civil penalty regime) any regulations under that subsection. section 141 (imports, exports and transit of waste) confer powers of entry, seizure or detention in circumstances where there is no such power under existing regulations under section 141, provide for the charging of fees or charges that are not chargeable under existing regulations under that section, provide for conduct to be a criminal offence which is not a criminal offence under existing regulations under that section, increase the maximum penalty for a criminal offence under existing regulations under that section, provide for conduct to be subject to a civil sanction (within the meaning given by section 141(5B)) which is not subject to a civil sanction under existing regulations under that section, or amend, repeal or revoke a provision contained in primary legislation (within the meaning given by section 141(6)) ....
Regulations and orders made under this Act by the Secretary of State or the Welsh Ministers are to be made by statutory instrument, other than an order under paragraph 4 of Schedule 3.
Where regulations or orders under this Act made or to be made by the Secretary of State—
are subject to the negative procedure, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament;
are subject to the affirmative procedure, they may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
Where regulations or orders under this Act made or to be made by the Welsh Ministers—
are subject to the negative procedure, the statutory instrument containing them is subject to annulment in pursuance of a resolution of Senedd Cymru;
are subject to the affirmative procedure, they may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru.
See sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) for the meaning of “the negative procedure” and “the affirmative procedure” in relation to regulations or orders under this Act made or to be made by the Scottish Ministers.
Any provision that may be made by regulations or order under this Act subject to the negative procedure may be made subject to the affirmative procedure.
The enactments specified in Schedule 15 to this Act shall have effect subject to the amendments specified in that Schedule.
The enactments specified in Schedule 16 to this Act are hereby repealed subject to section 77 above, Schedule 11 to this Act and any provision made by way of a note in Schedule 16.
The repeal of section 124 of the Civic Government (Scotland) Act 1982 shall not affect a compulsory purchase order made for the purposes of that section under the Local Government (Scotland) Act 1973 before the coming into force of the repeal and such compulsory purchase order may be proceeded with and shall have effect as if the said section 124 had not been repealed.
The Secretary of State may by order repeal or amend any provision of any local Act passed before this Act (including an Act confirming a provisional order) or of any order or other instrument made under an Act so passed if it appears to him that the provision is inconsistent with, or has become unnecessary or requires alteration in consequence of, any provision of this Act or corresponds to any provision repealed by this Act.
Any regulations made under section 100 of the Control of Pollution Act 1974 shall have effect after the repeal of that section by subsection (2) above as if made under section 140 of this Act.
There shall be paid out of money provided by Parliament—
any administrative or other expenses incurred by any Minister of the Crown in consequence of the provisions of this Act; and
any increase attributable to this Act in the sums payable out of money so provided under any other Act.
Any fees or other sums received by any Minister of the Crown by virtue of any provisions of this Act shall be paid into the Consolidated Fund.
This Act may be cited as the Environmental Protection Act 1990.
The following provisions of the Act shall come into force at the end of the period of two months beginning with the day on which it is passed, namely— sections 79 to 85; section 97; section 99; section 105 in so far as it relates to paragraphs 7, 13, 14 and 15 of Schedule 5; section 140; section 141; section 142; section 145; section 146; section 148; section 153; section 154; section 155; section 157; section 160; section 161; section 162(1) in so far as it relates to paragraphs 4, 5, 7, 8, 9, 18, 22, 24 and 31(4)(b) of Schedule 15; but, in the case of paragraph 22, in so far only as that paragraph inserts a paragraph (m) into section 7(4) of the Act of 1984; section 162(2) in so far as it relates to Part III of Schedule 16 and, in Part IX of that Schedule, the repeal of section 100 of the Control of Pollution Act 1974; section 162(5); section 163.
The remainder of this Act (except this section) shall come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different provisions or different purposes.
Only the following provisions of this Act (together with this section) extend to Northern Ireland, namely— section 3(5) to (8); section 62(2)(e) in so far as it relates to importation; Part V; . . ., section 127(2) in so far as it relates to the continental shelf; section 140 in so far as it relates to importation; section 141; section 142 in so far as it relates to importation; section 146; section 147; section 148; section 153 except subsection (1)(k) and (m); section 156 in so far as it relates to Part VI and sections 140, 141 and 142 in so far as they extend to Northern Ireland and in so far as it relates to the Radioactive Substances Act 1960; section 158 in so far as it relates to Part VI and sections 140, 141 and 142 in so far as they extend to Northern Ireland.
Where any enactment amended or repealed by this Act extends to any part of the United Kingdom, the amendment or repeal extends to that part, subject, however, to any express provision in Schedule 15 or 16.
Sections 45A, 45B and 47A do not extend to Scotland.
The amendments made to the provisions of Part VI by the 2002 Regulations, other than the amendment of section 127(2) as it relates to the continental shelf, have effect in relation to England only, and accordingly, in the application of that Part in relation to Wales, the provisions listed in subsection (2) below continue to have effect without the amendments made by the 2002 Regulations.
The provisions referred to in subsection (1) above are—
section 106(1) and (4) to (6);
section 107(2), (3), (6), (9) and (11);
section 111(6);
section 112(1) and (5);
section 119(1);
section 123(7);
section 127(2) in so far as it relates to the territorial sea.
In this section “the 2002 Regulations” means the Genetically Modified Organisms (Deliberate Release) Regulations 2002.
Section 6.
An application to the enforcing authority for an authorisation must contain such information, and be made in such manner, as may be prescribed in regulations made by the Secretary of State. An application to the enforcing authority for an authorisation must also, unless regulations made by the Secretary of State exempt applications of that class, be advertised in such manner as may be prescribed in regulations so made. The enforcing authority may, by notice in writing to the applicant, require him to furnish such further information specified in the notice, within the period so specified, as the authority may require for the purpose of determining the application. If a person fails to furnish any information required under sub-paragraph (3) above within the period specified thereunder the enforcing authority may refuse to proceed with the application. Regulations under this paragraph may make different provision for different classes of applications.
Subject to sub-paragraph (2) below, the enforcing authority shall give notice of any application for an authorisation, enclosing a copy of the application, to the persons who are prescribed or directed to be consulted under this paragraph and shall do so within the specified period for notification. The Secretary of State may, by regulations, exempt any class of application from the requirements of this paragraph or exclude any class of information contained in applications for authorisations from those requirements, in all cases or as respects specified classes only of persons to be consulted. Any representations made by the persons so consulted within the period allowed shall be considered by the enforcing authority in determining the application. For the purposes of sub-paragraph (1) above— and the “specified period for notification” is the period specified in the regulations or in the direction. Any representations made by any other persons within the period allowed shall also be considered by the enforcing authority in determining the application. Subject to sub-paragraph (7) below, the period allowed for making representations is— The Secretary of State may, by order, substitute for the period for the time being specified in sub-paragraph (6)(a) or (b) above, such other period as he considers appropriate.
The Secretary of State may give directions to the enforcing authority requiring that any particular application or any class of applications for an authorisation shall be transmitted to him for determination pending a further direction under sub-paragraph (5) below. The enforcing authority shall inform the applicant of the fact that his application is being transmitted to the Secretary of State. Where an application for an authorisation is referred to him under sub-paragraph (1) above the Secretary of State may— and he shall exercise one of the powers under this sub-paragraph in any case where, in the manner prescribed by regulations made by the Secretary of State, a request is made to be heard with respect to the application by the applicant or the enforcing authority concerned. Subsections (2) to (5) of section 250 of the Local Government Act 1972 (supplementary provisions about local inquiries under that section) or, in relation to Scotland, subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (which make similar provision) shall, without prejudice to the generality of subsection (1) of either of those sections, apply to inquiries in pursuance of sub-paragraph (3) above as they apply to inquiries in pursuance of either of those sections and, in relation to England and Wales, as if the reference to a local authority in subsection (4) of the said section 250 included a reference to the enforcing authority. The Secretary of State shall, on determining any application transferred to him under this paragraph, give to the enforcing authority such a direction as he thinks fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the authorisation.
The Secretary of State may give the enforcing authority a direction with respect to any particular application or any class of applications for an authorisation requiring the authority not to determine or not to proceed with the application or applications of that class until the expiry of any such period as may be specified in the direction, or until directed by the Secretary of State that they may do so, as the case may be.
Except in a case where an application has been referred to the Secretary of State under paragraph 3 above and subject to sub-paragraph (3) below, the enforcing authority shall determine an application for an authorisation within the period of four months beginning with the day on which it received the application or within such longer period as may be agreed with the applicant. If the enforcing authority fails to determine an application for an authorisation within the period allowed by or under this paragraph the application shall, if the applicant notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period. The Secretary of State may, by order, substitute for the period for the time being specified in sub-paragraph (1) above such other period as he considers appropriate and different periods may be substituted for different classes of application.
Except as provided by sub-paragraph (1A) below, The requirements of this paragraph apply where an enforcing authority has decided to vary an authorisation under section 10 and is of the opinion that any action to be taken by the holder of the authorisation in consequence of the variation will involve a substantial change in the manner in which the process is being carried on. The requirements of this paragraph shall not apply in relation to any variations of an authorisation which an enforcing authority has decided to make in consequence of representations made in accordance with this paragraph and which are specified by way of variation of a variation notice by a further notice under section 10(3A) of this Act. Subject to sub-paragraph (3) below, the enforcing authority shall give notice of the action to be taken by the holder of the authorisation to the persons who are prescribed or directed to be consulted under this paragraph and shall do so within the specified period for notification; and the holder shall advertise the action in the manner prescribed in regulations made by the Secretary of State. The Secretary of State may, by regulations, exempt any class of variation from all or any of the requirements of this paragraph or exclude any class of information relating to action to be taken by holders of authorisations from all or any of those requirements, in all cases or as respects specified classes only of persons to be consulted. Any representations made by the persons so consulted within the period allowed shall be considered by the enforcing authority in taking its decision. For the purposes of sub-paragraph (2) above— and the “specified period for notification” is the period specified in the regulations or in the direction. Any representations made by any other persons within the period allowed shall also be considered by the enforcing authority in taking its decision. Subject to sub-paragraph (8) below, the period allowed for making representations is— The Secretary of State may, by order, substitute for the period for the time being specified in sub-paragraph (7)(a) or (b) above, such other period as he considers appropriate.
The requirements of this paragraph apply where an application is made to an enforcing authority under section 11(4) for the variation of an authorisation. Subject to sub-paragraph (3) below, the enforcing authority shall give notice of any such application for a variation of an authorisation, enclosing a copy of the application, to the persons who are prescribed or directed to be consulted under this paragraph and shall do so within the specified period for notification; and the holder of the authorisation shall advertise the application in the manner prescribed in regulations made by the Secretary of State. The Secretary of State may, by regulations, exempt any class of application from all or any of the requirements of this paragraph or exclude any class of information furnished with applications for variations of authorisations from all or any of those requirements, in all cases or as respects specified classes only of persons to be consulted. Any representations made by the persons so consulted within the period allowed shall be considered by the enforcing authority in determining the application. For the purposes of sub-paragraph (2) above— and the “specified period for notification” is the period specified in the regulations or in the direction. Any representation made by any other persons within the period allowed shall also be considered by the enforcing authority in determining the application. Subject to sub-paragraph (8) below, the period allowed for making representations is— The Secretary of State may, by order, substitute for the period for the time being specified in sub-paragraph (7)(a) or (b) above, such other period as he considers appropriate.
The Secretary of State may give directions to the enforcing authority requiring that any particular application or any class of applications for the variation of an authorisation shall be transmitted to him for determination pending a further direction under sub-paragraph (5) below. The enforcing authority shall inform the applicant of the fact that his application is being transmitted to the Secretary of State. Where an application for the variation of an authorisation is referred to him under sub-paragraph (1) above the Secretary of State may— and he shall exercise one of the powers under this sub-paragraph in any case where, in the manner prescribed by regulations made by the Secretary of State, a request is made to be heard with respect to the application by the applicant or the enforcing authority concerned. Subsections (2) to (5) of section 250 of the Local Government Act 1972 (supplementary provisions about local inquiries under that section) or, in relation to Scotland, subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (which make similar provision) shall, without prejudice to the generality of subsection (1) of either of those sections, apply to local inquiries or other hearings in pursuance of sub-paragraph (3) above as they apply to inquiries in pursuance of either of those sections and, in relation to England and Wales, as if the reference to a local authority in subsection (4) of the said section 250 included a reference to the enforcing authority. The Secretary of State shall, on determining any application transferred to him under this paragraph, give to the enforcing authority such a direction as he thinks fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the authorisation by means of the variation notice.
The Secretary of State may give the enforcing authority a direction with respect to any particular application or any class of applications for the variation of an authorisation requiring the authority not to determine or not to proceed with the application or applications of that class until the expiry of any such period as may be specified in the direction, or until directed by the Secretary of State that they may do so, as the case may be.
Except in a case where an application for the variation of an authorisation has been referred to the Secretary of State under paragraph 8 above and subject to sub-paragraph (3) below, the enforcing authority shall determine an application for the variation of an authorisation within the period of four months beginning with the day on which it received the application or within such longer period as may be agreed with the applicant.
Section 32.
In this Part of this Schedule—
“joint company” means a company in which more than one authority holds securities;
Subsection (2) above shall not have effect in relation to any entry required to be made in any record by virtue of a condition of a relevant licence, within the meaning of section 111 of the Environment Act 1995 (which makes corresponding provision in relation to such licences).
“appropriate new council” shall be construed in accordance with paragraph 7 below; and
“modifications” includes additions, alterations and omissions;
This subsection is subject to subsections (4B) and (4C) below.
For the purposes of subsection (4) above—
genes or other genetic material shall be taken to be artificially modified if they are altered using such techniques as may be prescribed for the purposes of this paragraph;
genes or other genetic material shall not be regarded as artificially modified by reason only of being altered by the use of such techniques as may be prescribed for the purposes of this paragraph.
An organism shall be taken not to be a genetically modified organism for the purposes of this Part if it is an organism of a prescribed description.
In subsections (4B) and (4C) above “prescribed” means prescribed by regulations made by the Secretary of State or, in relation to Wales, the National Assembly for Wales.
The Secretary of State, before giving any directions to any authority or constituent authority, shall give notice of his intention to do so to that authority. A notice under this paragraph shall give a general indication of the provisions to be included in the direction, indicating in particular whether the proposed direction will require the formation of one or more than one company and the authority or authorities who are to form or control the company or companies and whether any existing disposal authority will be abolished. A notice under this paragraph shall state that the authority to whom it is given is entitled, within a period specified in the notice, to make to the Secretary of State applications or representations with respect to the proposed direction under paragraph 3 below.
An authority which has been given notice under paragraph 2 above of a proposed direction may, within the period specified in the notice, make to the Secretary of State either an application under sub-paragraph (2) below or representations under sub-paragraph (3) below. An authority may, under this sub-paragraph, apply to the Secretary of State requesting him not to make a direction in its case on the ground that the authority falls within any of paragraphs (a), (b), (c) or (d) of section 32(3). An authority may, under this sub-paragraph, make representations to the Secretary of State requesting him to make, in the direction, other provision than that proposed in the notice. It shall be the duty of the Secretary of State to consider any application duly made under sub-paragraph (2) above and to notify the authority of his decision. It shall be the duty of the Secretary of State to consider any representations duly made under sub-paragraph (3) above before he gives a direction.
A direction may require the authority or authorities to whom it is given to form or participate in forming one or more than one company or to form or participate in forming one or more than one joint company and it shall specify the date before which the company or companies is or are to be formed. Where a direction is to require a joint company to be formed the direction may be given to such of the authorities as the Secretary of State considers appropriate (the “representative authority”). Where a direction is given to an authority as the representative authority it shall be the duty of that representative authority to consult the other authorities concerned before forming a company in accordance with the direction. The Secretary of State may exercise his powers to vary or revoke a direction and give a further direction at any time before the vesting date, whether before or after a company has been formed in accordance with the direction or previous direction, as the case may be.
An authority which has been directed to form a company shall do so by forming it under the Companies Act 1985 as a company which— and it shall do so before such date as the Secretary of State specifies in the direction. The authority shall so exercise its control of the company as to secure that, at some time before the vesting date, the conditions specified in section 68(6)(a) to (h) of the Local Government and Housing Act 1989 (conditions for “arm’s length companies”) apply in relation to the company and shall, at some time before the vesting date, resolve that the company shall be an arm’s length company for the purposes of Part V of that Act. In this paragraph “wholly-owned subsidiary”, in relation to a company and an authority, is to be construed in accordance with section 736 of the Companies Act 1985.
Where an authority has formed a company or companies in pursuance of a direction, the authority shall, before such date as the Secretary of State may specify in a direction given to the authority under this sub-paragraph, submit to the Secretary of State a scheme providing for the transfer to the company or companies of any property, rights or liabilities of that or that and any other authority, or of any subsidiary of its or theirs, which appear to be appropriate to transfer as representing the relevant part of the undertaking of that authority or of that authority and the other authorities. In preparing a scheme in pursuance of sub-paragraph (1) above the authority shall take into account any advice given by the Secretary of State as to the provisions he regards as appropriate for inclusion in the scheme (and in particular any advice as to the description of property, rights and liabilities which it is in his view appropriate to transfer to the company). A scheme under this paragraph shall not come into force until it has been approved by the Secretary of State and the date on which it is to come into force shall be such date as the Secretary of State may, either in giving his approval or subsequently, specify in writing to the authority; and the Secretary of State may approve a scheme either without modifications or with such modifications as he thinks fit after consulting the authority who submitted the scheme. If it appears to the Secretary of State that a scheme submitted under sub-paragraph (1) above does not accord with any advice given by him, he may do one or other of the following things, as he thinks fit, namely— In the case of a scheme for the transfer to a company or joint company of the relevant part of the undertaking of two or more authorities, the representative authority shall consult the other authority or authorities before submitting the scheme under sub-paragraph (1) above; and the Secretary of State shall not approve the scheme (whether with or without modifications), or substitute a scheme of his own unless— The Secretary of State shall not specify the date on which the scheme is to come into force without consulting the authority which submitted the scheme and, where the scheme was submitted by a representative authority, the other authorities concerned. On the coming into force of a scheme under this paragraph the property, rights and liabilities affected by the scheme shall be transferred and vest in accordance with the scheme. As a consequence of the vesting by virtue of the scheme of property, rights and liabilities of an authority in a company, that company shall issue to the authority such securities of the company as are specified in the transfer scheme.
A scheme under paragraph 6 above may define the property, rights and liabilities to be transferred by the scheme— and may make such supplemental, incidental and consequential provision as the authority making the scheme considers appropriate.
by specifying the property, rights and liabilities in question; or
by referring to all the property, rights and liabilities comprised in any specified part of the undertaking or undertakings to be transferred; or
partly in the one way and partly in the other;
The provisions of this paragraph apply to the transfer to a company of the property, rights and liabilities representing the relevant part of an authority’s undertaking. Any property, rights or liabilities held or subsisting partly for the purpose of the relevant part of the authority’s undertaking and partly for the purpose of another part shall, where the nature of the property, rights or liabilities permits, be divided or apportioned between the authority and the company in such proportions as may be appropriate; and where any estate or interest in land falls to be so divided, any rent payable under a lease in respect of that estate or interest, and any rent charged on that estate or interest, shall be correspondingly apportioned or divided so that the one part is payable in respect of, or charged on, only one part of the estate or interest and the other part is payable in respect of, or charged on, only the other part of the estate or interest. Any property, rights or liabilities held or subsisting as mentioned in sub-paragraph (2) above the nature of which does not permit their division or apportionment as so mentioned shall be transferred to the company or retained by the authority according to which of them appear at the vesting date likely to make use of the property, or, as the case may be, to be affected by the right or liability, to the greater extent, subject to such arrangements for the protection of the other of them as may be agreed between them. It shall be the duty of the authority and the company, before or after the vesting date, so far as practicable to enter into such written agreements, and to execute such other instruments, as are necessary or expedient to identify or define the property, rights and liabilities transferred to the company or retained by the authority and as will— Any such agreement shall provide so far as it is expedient— If the authority or the company represents to the Secretary of State, or if it appears to him without such a representation, that it is unlikely in the case of any matter on which agreement is required under sub-paragraph (4) above that such agreement will be reached, the Secretary of State may, whether before or after the vesting date, give a direction determining the manner in which the property, rights or liabilities in question are to be divided between the authority and the company, and may include in the direction any provision which might have been included in an agreement under that sub-paragraph; and any property, rights or liabilities required by the direction to be transferred to the company shall be regarded as having been transferred to, and by virtue of the transfer scheme vested in, the company accordingly.
Any shares in a company which are issued as a consequence of the vesting by a transfer scheme of property, rights and liabilities in the company shall— For the purposes of Chapter I of Part II of the Capital Allowances Act 1990 (capital allowance in respect of machinery and plant) property which is vested in a company by virtue of a transfer scheme shall be treated as if—
This paragraph applies in relation to planning permission deemed to have been granted to the authority under regulation 4 of the Town and Country Planning General Regulations 1976 (deemed planning permission for development by local authorities) which subsists at the vesting date. Any planning permission to which this paragraph applies which authorises the use of land by the authority for the treatment, keeping or disposal of waste shall, on the transfer of the land to the company by the scheme, enure for the benefit of the land.
Where on any transfer by virtue of a transfer scheme the authority is entitled to retain possession of any documents relating to the title to, or to the management of, any land or other property transferred to the company, the authority shall be deemed to have given to the company an acknowledgement in writing of the right of the company to production of that document and to delivery of copies thereof; and, in England and Wales, section 64 of the Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgement did not contain any such expression of contrary intention as is mentioned in that section.
A joint certificate by or on behalf of the authority and the company that any property specified in the certificate, or any such interest in or right over any such property as may be specified in the certificate, is by virtue of the transfer scheme for the time being vested in the authority or in the company shall be conclusive evidence for all purposes of that fact. If on the expiration of one month after a request from the authority or the company for the preparation of such a joint certificate the authority and the company have failed to agree on the terms of the certificate, they shall refer the matter to the Secretary of State and issue the certificate in such terms as the Secretary of State may direct.
Where any of the rights or liabilities transferred by a transfer scheme are rights or liabilities under an agreement to which the authority was a party immediately before the vesting date, whether in writing or not, and whether or not of such a nature that rights and liabilities thereunder could be assigned by the authority, that agreement shall have effect on and after the vesting date as if— and sub-paragraph (d) above shall apply in particular to the covenants, stipulations and conditions of any lease by or to the authority.
the company had been a party to the agreement; and
for any reference (however worded and whether express or implied) to the authority there were substituted a reference, as respects anything falling to be done on or after the vesting date, to the company; and
any reference (however worded and whether express or implied) to any officer or servant of the authority were, as respects anything falling to be done on or after the vesting date, a reference to such person as the company may appoint or, in default of appointment, to the officer or servant of the company who corresponds as nearly as may be to that officer or servant of the authority; and
where the agreement refers to property, rights or liabilities which fall to be apportioned or divided between the authority and the company, as if the agreement constituted two separate agreements separately enforceable by and against the authority and the company respectively as regards the part of the property, rights and liabilities retained by the authority or, as the case may be, the part of the property, rights and liabilities vesting in the company and not as regards the other part;
Without prejudice to the generality of the provisions of paragraph 13 above, the company and any other person shall, as from the vesting date, have the same rights, powers and remedies (and in particular the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability transferred to and vested in the company by a transfer scheme as he would have had if that right or liability had at all times been a right or liability of the company, and any legal proceedings or applications to any authority pending on the vesting date by or against the authority, in so far as they relate to any property, right or liability transferred to the company by the scheme, or to any agreement to any such property, right or liability, shall be continued by or against the company to the exclusion of the authority.
Without prejudice to the provisions of paragraphs 13 and 14 above, any transaction effected between the authority and the company in pursuance of paragraph 8(4) above or of a direction under paragraph 8(6) above shall be binding on all other persons, and notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any other person. It shall be the duty of the authority and the company, if they effect any transaction in pursuance of paragraph 8(4) above or of a direction under paragraph 8(6) above, to notify any person who has rights or liabilities which thereby become enforceable as to part by or against the authority and as to part by or against the company; and if such a person applies to the Secretary of State and satisfies him that the transaction operated unfairly against him the Secretary of State may give such directions to the authority and the company as appear to him to be appropriate for varying the transaction. If in consequence of a transfer by a transfer scheme or of anything done in pursuance of paragraphs 8 to 14 above the rights or liabilities of any person other than the authority which were enforceable against or by the authority become enforceable as to part against or by the authority and as to part against or by the company, and the value of any property or interest of that person is thereby diminished, such compensation as may be just shall be paid to that person by the authority, the company or both, and any dispute as to whether and if so how much compensation is payable, or as to the person by whom it shall be paid, shall be referred to, and determined by, the Lands Tribunal.
The Transfer of Undertakings (Protection of Employment) Regulations 1981 shall apply in relation to the relevant employees of an authority in accordance with sub-paragraph (2) below. For the purposes of the application of those Regulations in relation to any of the relevant employees of an authority, the relevant part of the undertaking of the authority shall (whether or not it would otherwise be so regarded) be regarded— Where a person is, in pursuance of section 32, to cease to be employed by an authority and to become employed by a company, none of the agreed redundancy procedures applicable to persons employed by waste disposal authorities shall apply to him. For the purposes of this paragraph persons are “relevant employees” of an authority if they are to become, in pursuance of section 32, employees of a company to which the relevant part of the undertaking of the authority is to be transferred.
The Secretary of State may, by directions, prescribe descriptions of information which are to be furnished for purposes connected with the transfer by authorities to companies of the relevant part of the undertakings of authorities. It shall be the duty of . . . a waste disposal authority, on being requested to do so by a written notice served on it by the Secretary of State, to furnish to the Secretary of State such information of a description prescribed under sub-paragraph (1) above as may be specified in the notice.
A waste disposal authority shall, in determining the terms and conditions of any contract which the authority proposes to enter into for the keeping, treatment or disposal of waste, so frame the terms and conditions as to avoid undue discrimination in favour of one description of waste disposal contractor as against other descriptions of waste disposal contractors.
A waste disposal authority shall have regard to the desirability of including in any contract which the authority proposes to enter into for the keeping, treatment or disposal of waste terms or conditions designed to— A waste disposal authority shall be entitled— by reference to acceptance or refusal of acceptance by persons tendering for the contract of any terms or conditions included in the draft contract in pursuance of sub-paragraph (1) above.
A waste disposal authority which proposes to enter into a contract for the keeping, treatment or disposal of controlled waste shall comply with the following requirements before making the contract and if it does not any contract which is made shall be void. The authority shall publish, in at least two publications circulating among waste disposal contractors, a notice containing— The authority shall— If any persons notified the authority, in accordance with the notice, of their wish to submit tenders for the contract, the authority shall— In this paragraph—
A waste disposal authority, in taking any of the following decisions, namely— shall disregard the fact that any waste disposal contractor tendering for the contract is, or is not, controlled by the authority.
who to invite to tender for the contract under paragraph 20(4)(a) above, and
who to enter into the contract with,
Where a waste disposal authority has entered into a contract with a waste disposal contractor under the authority’s control, paragraph 18 above shall, with the necessary modifications, apply on any proposed variation of the contract during the subsistence of that control, in relation to the terms and conditions that would result from the variation as it applies to the original contract.
Subject to sub-paragraph (3) below, any provision to which this paragraph applies shall be void in so far as it operates— This paragraph applies to any provision relating to any securities of a waste disposal contractor which is controlled by a waste disposal authority or to which the authority has transferred the relevant part of its undertaking and contained in— No provision shall be void by reason of its operating as mentioned in sub-paragraph (1) above if the Secretary of State has given his approval in writing to that provision.
Section 81.
This paragraph applies in relation to appeals under section 80(3) against an abatement notice to a magistrates’ court. An appeal to which this paragraph applies shall be by way of complaint for an order and the Magistrates’ Courts Act 1980 shall apply to the proceedings. An appeal against any decision of a magistrates’ court in pursuance of an appeal to which this paragraph applies shall lie to the Crown Court at the instance of any party to the proceedings in which the decision was given. The Secretary of State may make regulations as to appeals to which this paragraph applies and the regulations may in particular—
This paragraph applies in relation to appeals to the sheriff under section 80(3) against an abatement notice. An appeal to which this paragraph applies shall be by way of a summary application. The Secretary of State may make regulations as to appeals to which this paragraph applies and the regulations may in particular include or prescribe any of the matters referred to in sub-paragraphs (4)(a) to (d) of paragraph 1 above.
Subject to sub-paragraph (2) below, any person authorised by a local authority may, on production (if so required) of his authority, enter any premises at any reasonable time— Admission by virtue of sub-paragraph (1) above to any premises used wholly or mainly for residential purposes shall not except in an emergency be demanded as of right unless twenty-four hours notice of the intended entry has been given to the occupier. If it is shown to the satisfaction of a justice of the peace on sworn information in writing— the justice may by warrant under his hand authorise the local authority by any authorised person to enter the premises, if need be by force. An authorised person entering any premises by virtue of sub-paragraph (1) or a warrant under sub-paragraph (3) above may— On leaving any unoccupied premises which he has entered by virtue of sub-paragraph (1) above or a warrant under sub-paragraph (3) above the authorised person shall leave them as effectually secured against trespassers as he found them. A warrant issued in pursuance of sub-paragraph (3) above shall continue in force until the purpose for which the entry is required has been satisfied. Any reference in this paragraph to an emergency is a reference to a case where the person requiring entry has reasonable cause to believe that circumstances exist which are likely to endanger life or health and that immediate entry is necessary to verify the existence of those circumstances or to ascertain their cause and to effect a remedy. In the application of this paragraph to Scotland, a reference to a justice of the peace or to a justice includes a reference to the sheriff.
Any person authorised by a local authority may on production (if so required) of his authority— for the purpose of taking any action, or executing any work, authorised by or required under Part III in relation to a statutory nuisance within section 79(1)(ga) above caused by noise emitted from or caused by the vehicle, machinery or equipment. On leaving any unattended vehicle, machinery or equipment that he has entered or opened under sub-paragraph (1) above, the authorised person shall (subject to sub-paragraph (3) below) leave it secured against interference or theft in such manner and as effectually as he found it. If the authorised person is unable to comply with sub-paragraph (2) above, he shall for the purpose of securing the unattended vehicle, machinery or equipment either— In carrying out any function under sub-paragraph (1), (2) or (3) above, the authorised person shall not cause more damage than is necessary. Before a vehicle, machinery or equipment is entered, opened or removed under sub-paragraph (1) above, the local authority shall notify the police of the intention to take action under that sub-paragraph. After a vehicle, machinery or equipment has been removed under sub-paragraph (1) or (3) above, the local authority shall notify the police of its removal and current location. Notification under sub-paragraph (5) or (6) above may be given to the police at any police station in the local authority’s area or, in the case of the Temples, at any police station of the City of London Police. For the purposes of section 81(4) above, any expenses reasonably incurred by a local authority under sub-paragraph (2) or (3) above shall be treated as incurred by the authority under section 81(3) above in abating or preventing the recurrence of the statutory nuisance in question.
A person who wilfully obstructs any person acting in the exercise of any powers conferred by paragraph 2 or 2A above shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. If a person discloses any information relating to any trade secret obtained in the exercise of any powers conferred by paragraph 2 above he shall, unless the disclosure was made in the performance of his duty or with the consent of the person having the right to disclose the information, be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
This paragraph applies to the following function of a local authority, that is to say its duty under section 79 to cause its area to be inspected to detect any statutory nuisance which ought to be dealt with under section 80 or sections 80 and 80A and its powers under paragraph 2 or 2A above. If the Secretary of State is satisfied that any local authority has failed, in any respect, to discharge the function to which this paragraph applies which it ought to have discharged, he may make an order declaring the authority to be in default. An order made under sub-paragraph (2) above which declares an authority to be in default may, for the purpose of remedying the default, direct the authority (“the defaulting authority”) to perform the function specified in the order and may specify the manner in which and the time or times within which the function is to be performed by the authority. If the defaulting authority fails to comply with any direction contained in such an order the Secretary of State may, instead of enforcing the order by mandamus, make an order transferring to himself the function of the authority specified in the order. Where the function of a defaulting authority is transferred under sub-paragraph (4) above, the amount of any expenses which the Secretary of State certifies were incurred by him in performing the function shall on demand be paid to him by the defaulting authority. Any expenses required to be paid by a defaulting authority under sub-paragraph (5) above shall be defrayed by the authority in like manner, and shall be debited to the like account, as if the function had not been transferred and the expenses had been incurred by the authority in performing them. The Secretary of State may by order vary or revoke any order previously made by him under this paragraph. Any order under this paragraph may include such incidental, supplemental and transitional provisions as the Secretary of State considers appropriate. This paragraph does not apply to Scotland.
Nothing done by, or by a member of, a local authority or by any officer of or other person authorised by a local authority shall, if done in good faith for the purpose of executing Part III, subject them or any of them personally to any action, liability, claim or demand whatsoever ....
Where an appeal against a notice served by a local authority lies to a magistrates’ court or, in Scotland, the sheriff by virtue of section 80, it shall be the duty of the authority to include in such a notice a statement indicating that such an appeal lies as aforesaid and specifying the time within which it must be brought.
Section 99.
Subject to sub-paragraph (2) below, this Schedule applies where any shopping or luggage trolley is found by an authorised officer of the local authority on any land in the open air and appears to him to be abandoned. This Schedule does not apply in relation to a shopping or luggage trolley found on the following descriptions of land, that is to say— In sub-paragraph (2)(d) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
Where this Schedule applies in relation to a shopping or luggage trolley, the local authority may, subject to sub-paragraph (2) below,— When a shopping or luggage trolley is found on any land appearing to the authorised officer to be occupied by any person, the trolley shall not be removed without the consent of that person unless—
Subject to the following sub-paragraphs, the local authority, as respects any shopping or luggage trolley it has seized and removed,— The local authority shall, as respects any trolley it has seized and removed , as soon as reasonably practicable (but not later than fourteen days) after its removal, serve on the person (if any) who appears to the authority to be the owner of the trolley a notice stating— Subject to sub-paragraph (4) below, if, within the period mentioned in sub-paragraph (1)(a) above, any person claims to be the owner of a shopping or luggage trolley being kept by the authority under that sub-paragraph, the local authority shall, if it appears that the claimant is the owner, deliver the trolley to him. A person claiming to be the owner of a shopping or luggage trolley shall not be entitled to have the trolley delivered to him unless he pays the local authority, on demand, such charge as the authority requires. No shopping or luggage trolley shall be disposed of by the local authority unless (where it has not been claimed) the authority has made reasonable enquiries to ascertain who owns it.
Subject to the following sub-paragraphs, the local authority, as respects any shopping or luggage trolley it has seized and removed,—
shall keep the trolley for a period of six weeks; and
may sell or otherwise dispose of the trolley at any time after the end of that period.
The local authority shall, as respects any trolley it has seized or removed, as soon as reasonably practicable (but not later than fourteen days) after its removal, serve on the person (if any) who appears to the authority to be the owner of the trolley a notice stating—
that the authority has removed the trolley and is keeping it;
the place where it is being kept; and
that, if it is not claimed, the authority may dispose of it.
Subject to sub-paragraph (4) below, if, within the period mentioned in sub-paragraph (1)(a) above, any person claims to be the owner of a shopping or luggage trolley being kept by the authority under that sub-paragraph, the local authority shall, if it appears that the claimant is the owner, deliver the trolley to him.
A person claiming to be the owner of a shopping or luggage trolley shall not be entitled to have the trolley delivered to him unless he pays the local authority, on demand, such charge as the authority requires.
No shopping or luggage trolley shall be disposed of by the local authority unless (where it has not been claimed) the authority has made reasonable enquiries to ascertain who owns it.
This paragraph applies where the local authority is entitled to sell or otherwise dispose of a shopping or luggage trolley in accordance with paragraph 3(1)(b). If it appears to the authority that a particular person is the owner of the trolley, the authority may charge him a sum in respect of the removal, storage and disposal of the trolley. The charge is payable to the authority on demand. The sum payable as a charge under this paragraph is recoverable by the authority as a debt due to it. In proceedings against a person under sub-paragraph (4) for enforcement of a charge, it is a defence for the person to prove that he was not the owner of the trolley to which the charge relates at the time it was removed.
The local authority, in fixing the charges to be paid under this Schedule, shall secure that the charges so payable are such as are sufficient , taking one financial year with another, to cover the cost of removing, storing and disposing of shopping or luggage trolleys under this Schedule. The local authority may agree with persons who own shopping or luggage trolleys and make them available for use in its area a scheme for the collection by them of trolleys they make available for use; and where such an agreement is in force with any person, no charge may be demanded under paragraph 3 or 3A above by the local authority in respect of any trolley within the scheme in relation to which the provisions of the scheme are complied with.
The local authority, in fixing the charge to be paid under paragraph 3 above by the claimant of a shopping or luggage trolley, shall secure that the charges so payable by claimants shall be such as are sufficient, taking one financial year with another, to cover the cost of removing, storing and disposing of such trolleys under this Schedule.
The local authority may agree with persons who own shopping or luggage trolleys and make them available for use in its area a scheme for the collection by them of trolleys they make available for use; and where such an agreement is in force with any person, no charge may be demanded under paragraph 3 above by the local authority in respect of any trolley within the scheme in relation to which the provisions of the scheme are complied with.
In this Schedule—
Section 8 of the 1960 Act (requirement for disposal etc. of radioactive waste to be authorised by both chief inspector and Minister of Agriculture, Fisheries and Food) shall be amended as follows. In subsection (1) for the words “those Ministers” there shall be substituted the words “the chief inspector and the Minister”. In subsection (4) for the words “Minister or Ministers granting the authorisation” there shall be substituted the words “chief inspector or, as the case may be, the chief inspector and the Minister”. In subsection (5) for the words “Minister or Ministers concerned” where they first appear, there shall be substituted the words “chief inspector or, as the case may be, the chief inspector and the Minister”. In subsections (6) and (8) for the words “Minister or Ministers concerned”, and in subsection (7) for the words “Minister or Ministers”, there shall be substituted the words “chief inspector or, as the case may be, the chief inspector and the Minister”.
In section 9 (functions of public and local authorities) in subsection (3) and (4) for the words “of those Ministers” there shall be substituted the words “the chief inspector or the Minister”. In section 12(2), for the words “the preceding subsection” there shall be substituted the words “section 11A of this Act”.
“the chief inspector” means the chief inspector appointed under subsection (2) of section 11A of this Act;
In section 1(2) (applications for registration of users of radioactive material) after the words “shall be” there shall be inserted the words “accompanied by the prescribed fee and”. In section 8 (authorisation for disposal and accumulation of radioactive waste), after subsection (3) there shall be inserted the following subsection—
In section 19 (interpretation), in the definition of “prescribed” after the word “Act” there shall be inserted the words “or, in relation to fees or charges payable in accordance with a scheme under section 15A of this Act, prescribed under that scheme”.
In section 1 of the 1960 Act (registration for users of radioactive material)— In section 3 of the 1960 Act (registration of mobile radioactive apparatus)— In section 5(2) of the 1960 Act (notice of cancellation or variation of registration), after the words “section one” there shall be inserted the words “or subsection (5) of section three”. In section 8 of the 1960 Act (supplementary provisions as to authorisations)—
In section 3 of the 1960 Act (registration of mobile radioactive apparatus) for subsections (1) to (3) there shall be substituted the following subsections— In section 18 of the 1960 Act, for subsection (5) (meaning of “mobile radioactive apparatus”) there shall be substituted the following subsection— In section 6(2) of the 1960 Act (disposal of waste from use of mobile radioactive apparatus), for the words “the provision by him of services” there shall be substituted the word “activities”.
After section 8 of the 1960 Act there shall be inserted the following section—
In section 11 of the 1960 Act (procedure in connection with applications and authorisations), for subsections (1) and (2) there shall be substituted the following subsection— In subsection (4) of that section—
After the section 11C of the 1960 Act inserted by section 102 of this Act there shall be inserted the following sections—
In section 1 of the 1960 Act (registration for users of radioactive material), after subsection (3) there shall be inserted the following subsection— In section 3 of that Act (registration for mobile apparatus), after the subsection (4A) inserted by paragraph 6(2) above there shall be inserted the following subsection— In section 8 of that Act (supplementary provisions relating to authorisations) after the subsection (3A) inserted by paragraph 4(2) above there shall be inserted the following subsection— In section 19 of that Act (interpretation)—
After section 12 of the 1960 Act there shall be inserted the following sections—
Section 12 of the 1960 Act (rights of entry and inspection) shall be amended as follows. In subsection (2)— After subsection (6) there shall be inserted the following subsection—; and at the beginning of subsection (6) there shall be inserted the words “Subject to the next following subsection”. After subsection (7) there shall be inserted the following subsections—
Section 13 of the 1960 Act (offences) shall be amended as follows. In subsection (1) after paragraph (c) there shall be inserted the following paragraph, or . In subsection (2) (penalties for offence under subsection (1)) in paragraph (a), for the words after “summary conviction” there shall be substituted the words “to a fine not exceeding £20,000, or to imprisonment for a term not exceeding six months or both”. In subsection (4) (penalties for offence under subsection (3)) in paragraph (a), for the words from “exceeding” where it first appears to “or to”, there shall be substituted the words “exceeding the statutory maximum, or to”. After subsection (4), there shall be inserted the following subsection—. In subsection (5)(b) (offence of obstructing inspector)— In subsection (5), in the words after paragraph (b), for the words after “offence” there shall be substituted the wordsand shall be liable— In subsection (6) (pulling down, defacing etc, documents), for the words after “exceeding” there shall be substituted the words “level 2 on the standard scale.”. In subsection (7) (which restricts the persons who may authorise prosecutions in England and Wales), for the word “Minister” there shall be substituted the words “Secretary of State, the chief inspector”. After subsection (8) there shall be inserted the following subsection—
After section 13 (offences) of the 1960 Act there shall be inserted the following section—
In section 16 of the 1960 Act (expenses and receipts)—
in subsection (1)(a), for the words following “incurred by” there shall be substituted the words “the Secretary of State or the Minister of Agriculture, Fisheries and Food under this Act”; and
in subsection (2), for the word “Minister” there shall be substituted the words “Secretary of State or the Minister of Agriculture, Fisheries and Food”.
In section 18 of the 1960 Act (meaning of expression “radioactive material” in that Act) after subsection (3) there shall be inserted the following subsection—
In section 20 of the 1960 Act (application of Act to Scotland)—
for paragraphs (a) and (b) there shall be substituted the following paragraphs—;
after paragraph (e) there shall be inserted the following paragraph—
In Schedule 1 to the 1960 Act (enactments, other than local enactments, to which section 9(1) applies)—
In section 21 of the 1960 Act (application of Act to Northern Ireland)—
in subsection (2)—
for paragraph (a) there shall be substituted the following paragraph—;
at the end there shall be added the following paragraphs—; and
subsection (4) shall be omitted.
Section 128.
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become bankrupt or made an arrangement with his creditors or, in Scotland, had his estate sequestrated or made a trust deed for behoof of his creditors or a composition contract; or
been absent from meetings of the council for a period longer than six consecutive months without the permission of the council;
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pay such pensions, allowances or gratuities to or in respect of those employees,
make such payments towards provision of such pensions, allowances or gratuities, or
provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities,
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furnish the Secretary of State with such returns, accounts and other information with respect to their property and activities or proposed activities as he may from time to time require;
afford to the Secretary of State facilities for the verification of information so furnished; and
for the purpose of such verification, permit any person authorised in that behalf by the Secretary of State to inspect and make copies of the council’s accounts, books, documents or papers and give that person such explanation of anything he is entitled to inspect as he may reasonably require.
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The Countryside Council for Wales.
The Nature Conservancy Council for England. The Nature Conservancy Council for Scotland.
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Countryside Council for Wales.
Nature Conservancy Council for England. Nature Conservancy Council for Scotland.
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In this Schedule—
The committee shall consist of eleven voting members, namely— and two non-voting members appointed by the Department of the Environment for Northern Ireland. The committee may appoint any voting member to be deputy chairman.
The chairman and the three members appointed by the Secretary of State shall be persons who are not members of any of the councils and shall hold and vacate office in accordance with the terms of their appointments.
The three members appointed by the Secretary of State shall be persons appearing to the Secretary of State to have experience in or scientific knowledge of nature conservation; and the Secretary of State shall, in determining who to appoint, have regard to any recommendations made to him by the chairman. Before appointing such a member the Secretary of State shall consult the chairman and such persons having scientific knowledge of nature conservation as the Secretary of State considers appropriate.
The committee shall— as the Secretary of State may with the approval of the Treasury determine. If a person ceases to be chairman and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may require the committee to pay to that person a sum of such amount as the Secretary of State may with the approval of the Treasury determine.
The committee shall pay to the three members appointed by the Secretary of State, and to the non-voting members, such remuneration and allowances as the Secretary of State may with the approval of the Treasury determine.
The councils shall provide the committee with . . . such financial resources, as the councils, after consultation with the committee, consider appropriate for the proper discharge of the functions conferred by section 133(2) and (3) of this Act. The committee may appoint such number of employees as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine. The committee shall pay to the employees appointed under sub-paragraph (1A) above such remuneration and allowances as the committee may, with the approval of the Secretary of State given with the consent of the Treasury, determine. The committee shall, in the case of such of their employees or former employees as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine— as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine. The expenses of the committee shall be defrayed by the councils in such proportions as the councils may agree. In default of agreement between the councils as to any question arising under sub-paragraph (1) or (2) above the Secretary of State shall determine that question. With the consent of the Secretary of State, not given without the approval of the Treasury, and subject to any conditions he may impose, the councils may jointly, through the committee, form a company limited by guarantee the main objects of which fall within sub-paragraph (5). The objects falling within this sub-paragraph are objects of— The councils, acting jointly through the committee, shall ensure that, at all times, only members of the committee are members of any company formed under sub-paragraph (4). The members of any company formed under sub-paragraph (4) shall ensure that no-one is appointed, or continues to serve, as a director of the company who is not a member of the committee, or an employee of the committee or of the company. Sub-paragraphs (4) to (7) above are without prejudice to any power of the councils jointly through the committee to undertake anything mentioned in sub-paragraph (5) above by virtue of sections 132(2) and 133(2) of this Act. Where a company is formed under sub-paragraph (4) the requirements as to the approval of the Secretary of State given with the consent of the Treasury shall apply in respect of appointment, payment and pension matters for employees and former employees of the company as they do in respect of employees and former employees of the committee under sub-paragraphs (1A), (1B) and (1C) above.
The committee may regulate their own procedure (including making provision in relation to the quorum of voting members). The proceedings of the committee shall not be invalidated by any vacancy amongst their members or defect in the appointment of any member.
Anything authorised or required to be done by the committee may be done by any member of the committee, by a company formed under paragraph 7(4), by any council or by any employee of the committee, of such a company, or of a council who is authorised (generally or specially) for the purpose by the committee. Nothing in sub-paragraph (1) above shall prevent the committee from doing anything that another person has been authorised to do.
The committee shall— and a copy of each such report shall be laid before each House of Parliament by the Secretary of State. The committee shall, at the same time as they make a report under sub-paragraph (1) above, send a copy of it to each of the councils.
Section 130.
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in subsection (1), for the word “may” there shall be substituted the words “and the Countryside Council for Wales may each” and after the word “Commission” in the second place it appears there shall be inserted the words “or, as the case may be, the Council”;
in subsection (2), after the word “Commission” there shall be inserted the words “or the Countryside Council for Wales”;
in subsection (3), for the words “Countryside Commission’s power” there shall be substituted the words “the power of the Countryside Commission and of the Countryside Council for Wales” and after the word “Commission” in the second place it appears there shall be inserted the words “or to the Council”.
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Section 132.
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in paragraph (a) after the word “Council” there shall be inserted the words “for England”;
in paragraph (b) for the words “Countryside Commission and the Nature Conservancy Council” there shall be substituted the words “Countryside Council for Wales”;
in paragraph (c) after the word “Council” there shall be inserted the words “for Scotland”.
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in paragraph 2(2) for the words from “the Nature” to “Wales”, where it first appears, there shall be substituted the words and—; and
in paragraph 4(2), after the words “Conservancy Council” there shall be inserted the words “for Scotland”.
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Before such date or dates as the Secretary of State may direct, the Nature Conservancy Council shall make, and submit to the Secretary of State for his approval, their transfer scheme or schemes under section 135 of this Act (in this Part of this Schedule referred to as a “transfer scheme”). A transfer scheme shall not take effect unless approved by the Secretary of State, who may modify such a scheme before approving it. The Secretary of State may make a transfer scheme himself if— but nothing in this sub-paragraph shall prevent the Secretary of State from approving any scheme which may be submitted to him after the due date. A scheme made by the Secretary of State shall be treated for all purposes as having been made by the Council and approved by him.
If at any time after a transfer scheme has come into force the Secretary of State considers it appropriate to do so, having consulted any of the Councils established by section 128 of this Act (in this Schedule referred to as “the new Councils”) which may be affected, he may by order provide that the scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the order. An order under sub-paragraph (1) above may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme and in connection with giving effect to that provision from that time may contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
It shall be the duty of the Nature Conservancy Council and the new Councils to provide the Secretary of State with all such information and other assistance as he may reasonably require for the purposes of or in connection with the exercise of any power conferred on him by paragraphs 1 and 2 above.
A transfer scheme may— and a scheme may make such supplemental, incidental and consequential provision as the Nature Conservancy Council considers appropriate (including provision as to the order in which transfers or transactions are to be regarded as having occurred).
define the property, rights and liabilities to be allocated to a particular new Council by specifying or describing them or by referring to all the property, rights and liabilities comprised in a specified part of the undertaking of the Nature Conservancy Council (or partly in one way and partly in the other);
create in favour of a new Council—
an interest in or right over property transferred in accordance with the scheme (or any earlier scheme) to another new Council;
new rights and liabilities as between that Council and the others;
provide that any rights or liabilities specified or described in the scheme shall, or shall to any extent, be enforceable either by or against each of the new Councils or by or against any two of the new Councils which are so specified;
require a new Council to enter into written agreements with, or execute other instruments in favour of, another new Council;
For the avoidance of doubt property, rights and liabilities of the Nature Conservancy Council may be allocated to a new Council notwithstanding—
that they would not, or would not without the consent or concurrence of another person, otherwise be capable of being transferred or assigned;
that, in the case of foreign property, steps must be taken by the Council to secure its effective vesting under the relevant foreign law.
Before such date or dates as the Secretary of State may direct, the Countryside Commission shall make, and submit to the Secretary of State for his approval, their transfer scheme or schemes under section 136 of this Act (in this Part of this Schedule referred to as a “transfer scheme”). A transfer scheme shall not take effect unless approved by the Secretary of State, who may modify such a scheme before approving it. The Secretary of State may make a transfer scheme himself if— but nothing in this sub-paragraph shall prevent the Secretary of State from approving any scheme which may be submitted to him after the due date. A scheme made by the Secretary of State shall be treated for all purposes as having been made by the Countryside Commission and approved by him.
If at any time after a transfer scheme has come into force the Secretary of State considers it appropriate to do so, having consulted the Countryside Council for Wales and the Countryside Commission, he may by order provide that the scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the order. An order under sub-paragraph (1) above may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme and in connection with giving effect to that provision from that time may contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
It shall be the duty of the Countryside Council for Wales and the Countryside Commission to provide the Secretary of State with all such information and other assistance as he may reasonably require for the purposes of or in connection with the exercise of any power conferred on him by paragraphs 6 and 7 above.
A transfer scheme may— and a scheme may make such supplemental, incidental and consequential provision as the Countryside Commission consider appropriate (including provision as to the order in which transfers or transactions are to be regarded as having occurred). Paragraph 5 above shall apply to transfer schemes under section 136 of this Act.
Not later than such date or dates as the Secretary of State may determine, the Nature Conservancy Council shall prepare and submit to the Secretary of State for approval proposals that would secure that an offer is made by one of the new Councils to each person who will be entitled to receive an offer under section 137 of this Act.
The Secretary of State may, after consultation with the new Councils— and any proposals made by the Secretary of State shall be treated for all purposes as if they were made by the Council and approved by him. It shall be the duty of the Nature Conservancy Council and the new Councils to provide the Secretary of State with all such information and other assistance as he may reasonably require for the purposes of or in connection with the exercise of any power conferred on him by this paragraph.
Not later than such date or dates as the Secretary of State may determine, the Countryside Commission shall prepare and submit to the Secretary of State for approval proposals as to which of their employees are to receive offers of employment from the Countryside Council for Wales under section 137 of this Act.
The Secretary of State may, after consultation with the Countryside Council for Wales— and any proposals made by the Secretary of State shall be treated for all purposes as if they were made by the Commission and approved by him. It shall be the duty of the Countryside Commission and the Countryside Council for Wales to provide the Secretary of State with all such information and other assistance as he may reasonably require for the purposes of or in connection with the exercise of any power conferred on him by this paragraph.
Each new Council shall, before such date as the Secretary of State may direct, make offers of employment in accordance with this paragraph to those persons allocated to that Council by the proposals under paragraph 10 above as approved by the Secretary of State. The Countryside Council for Wales shall, before such date as the Secretary of State may direct, make offers of employment in accordance with this paragraph to those persons who are the subject of proposals under paragraph 12 above as approved by the Secretary of State. The terms of employment to be offered shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made. An offer under this paragraph shall not be revocable during the period of 3 months commencing with the date on which it is made.
Where a person becomes an employee of a new Council in consequence of an offer made under paragraph 14(1) or (2) above, then, for the purposes of the Employment Rights Act 1996, his period of employment with the Nature Conservancy Council, or as the case may be, the Countryside Commission shall count as a period of employment by the new Council and the change of employment shall not break the continuity of the period of employment.
Where an offer is made to a person in pursuance of paragraph 14(1) or (2) above, none of the redundancy procedures applicable to such a person shall apply to him; and where that person ceases to be employed by the Nature Conservancy Council or, as the case may be, the Countryside Commission— . . . he shall not be treated for the purposes of any superannuation or other pension scheme as having been retired on redundancy.
on becoming employed by a new Council, or
having unreasonably refused an offer,
Any dispute as to whether an offer under paragraph 14(1) or (2) above complies with sub-paragraph (3) of that paragraph shall be referred to and determined by an employment tribunal. An employment tribunal shall not consider a complaint referred to it under sub-paragraph (1) above unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer or, where the tribunal is satisfied that it was not reasonably practicable for that to be done, within such further period as the tribunal considers reasonable. Subject to sub-paragraph (4) below, there shall be no appeal from the decision of an employment tribunal under this paragraph. An appeal to the Employment Appeal Tribunal may be made only on a point of law arising from a decision of, or in proceedings before, an employment tribunal under this paragraph.
Section 139.
In this Part of this Schedule—
Any relevant thing done by or in relation to the Commission before the appointed day shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to the Council or, as the case may be, by or in relation to both the Council and the Commission. Any relevant thing which, immediately before the appointed day, is in the process of being done by or in relation to the Commission may be continued by or in relation to the Council or, as the case may be, by or in relation to both the Council and the Commission.
This paragraph applies to any provision of any agreement, or of any instrument or other document, subsisting immediately before the appointed day which refers (in whatever terms) to the Commission and does so (or is to be construed as doing so) in relation to, or to things being done in or in connection with, Wales. Any provision to which this paragraph applies shall, subject to sub-paragraphs (3) and (4) below, have effect on and after the appointed day with the substitution for, or the inclusion in, any reference to the Commission of a reference to the Council, according as the reference concerns Wales only or concerns both England and Wales. Any provision to which this paragraph applies which refers in general terms to members of or to persons employed by or agents of the Commission shall have effect on and after the appointed day with the substitution for, or the inclusion in, any such reference of a reference to members of or persons employed by or agents of the Council, according as the reference concerns Wales only or concerns both England and Wales. Any provision to which this paragraph applies which refers to a member or employee of the Commission shall have effect on and after the appointed day with the substitution for, or the inclusion in, any such reference of— according as the reference concerns Wales only or concerns both England and Wales.
This paragraph applies to any provision of a local Act passed, or subordinate legislation made, before the appointed day which refers (in whatever terms) to the Commission and relates to, or to things being done in or in connection with, Wales. The Secretary of State may by order make such consequential modifications of any provision to which this paragraph applies as appear to him to be necessary or expedient. Subject to any exercise of the power conferred by sub-paragraph (2) above, any provision to which this paragraph applies shall have effect on and after the appointed day with the substitution for, or inclusion in, any reference to the Commission of a reference to the Council, according as the reference concerns Wales only or concerns both England and Wales.
This paragraph applies to— On and after the appointed day the two parts of an area to which this paragraph applies shall be treated as if each were a distinct area of outstanding natural beauty; and accordingly, so far as may be necessary for the purpose of applying paragraphs 2 and 3 above, anything done by or in relation to the Commission in relation to both parts of that area shall be treated as having been done in relation to the part in Wales by or in relation to the Council. On and after the appointed day any route to which this paragraph applies shall not cease, by virtue of this Part of this Act to be a single route for the purposes of Part IV of the 1949 Act; but any function which before that day is exercisable by or in relation to the Commission shall, on and after that day be exercisable by or in relation to the Commission (so far as concerns parts of the route in England) and by or in relation to the Council (so far as concerns parts of the route in Wales). On or after the appointed day the Commission and the Council shall each exercise any function of theirs in relation to an area or route to which this paragraph applies only after consultation with the other; and the Commission and the Council may make arrangements for discharging any of their functions in relation to such an area or route jointly.
In this Part of this Schedule—
In this Part of this Schedule a reference to “the appropriate new council” is, in relation to or to things done in connection with property, rights or liabilities of the Nature Conservancy Council which are transferred by section 135(2) of this Act to a new council, a reference to that new council. Subject to sub-paragraph (1) above, a reference in this Part of this Schedule to “the appropriate new council” is, in relation to anything else done before the appointed day by or in relation to the Nature Conservancy Council in the exercise of or in connection with any function of theirs (other than a function corresponding to a special function of the new councils)— and in relation to anything done in the exercise of or in connection with any function of the Nature Conservancy Council corresponding to a special function of the new councils a reference to “the appropriate new council” is a reference to the joint committee or, where directions under section 133(5) of this Act have been given, the new council by whom the corresponding special function is dischargeable (on behalf of the new councils) on and after that day. Any question arising under this paragraph as to which new council is the appropriate new council in relation to any particular function of the Nature Conservancy Council may be determined by a direction given by the Secretary of State.
Anything done (or deemed by any enactment to have been done) by or in relation to the Nature Conservancy Council before the appointed day shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to the appropriate new council. Anything which immediately before the appointed day is in the process of being done by or in relation to the Nature Conservancy Council may be continued by or in relation to the appropriate new council as if it had been done by or in relation to that council.
This paragraph applies to any agreement, any instrument and any other document subsisting immediately before the appointed day which refers (in whatever terms) to the Nature Conservancy Council, other than a scheme provided by that Council under paragraph 12 of Schedule 3 to the Nature Conservancy Council Act 1973. Any agreement, instrument or other document to which this paragraph applies shall have effect on and after the appointed day with the substitution—
This paragraph applies to any provision of a local Act passed, or subordinate legislation made, before the appointed day which refers (in whatever terms) to the Nature Conservancy Council. The Secretary of State may by order make such consequential modifications of any provision to which this paragraph applies as appear to him to be necessary or expedient. Subject to any exercise of the power conferred by sub-paragraph (2) above, any provision to which this paragraph applies shall have effect on and after the appointed day with the substitution for each reference to the Nature Conservancy Council of a reference to such one or more of the new councils as may be appropriate, according as the provision relates to, or to things being done in or in connection with, England, Scotland or Wales.
The repeal by this Act of paragraph 12 of Schedule 3 to the Nature Conservancy Council Act 1973 shall not affect the operation on and after the appointed day of any scheme provided by the Nature Conservancy Council for the payment to or in respect of its officers of pensions, allowances or gratuities. Any such scheme shall have effect on and after the appointed day with the substitution for any reference to the Nature Conservancy Council of a reference to the Secretary of State.
This paragraph applies to any land which, immediately before the appointed day is— and of which part is in England and part is in Wales or, as the case may be, part is in England and part is in Scotland (referred to as “the two parts” of such a reserve or area). On and after the appointed day, the two parts of any reserve or area to which this paragraph applies shall be treated as if each were a distinct nature reserve or area of special scientific interest; and accordingly, so far as may be necessary for the purpose of applying paragraphs 8 and 9 above, anything done by or in relation to the Nature Conservancy Council affecting both parts of that reserve or area shall be treated as having been done by or in relation to each of the two parts separately. On and after the appointed day the new council exercising functions as respects either part of a reserve or area to which this paragraph applies shall exercise those functions only after consultation with the new council exercising functions as respects the other part; and those councils may make arrangements for discharging any of those functions jointly.
Paragraphs 3, 4, 5, 8, 9, 10 and 12 above are without prejudice to any provision made by or under this Part of this Act in relation to any particular functions, property, rights or liabilities; and, in particular, nothing in this Schedule applies in relation to contracts of employment made by the Countryside Commission or the Nature Conservancy Council.
The Secretary of State may, in relation to any particular functions of the Countryside Commission or the Nature Conservancy Council, by order exclude, or modify or supplement any provision of this Schedule or make such other transitional provision as he may think necessary or expedient.
In this Schedule “the 1949 Act” means the National Parks and Access to the Countryside Act 1949 and “the 1981 Act” means the Wildlife and Countryside Act 1981.
Sections 140 and 142.
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persons engaged in carrying on industrial or commercial undertakings;
persons having scientific knowledge of matters concerning pollution of the environment;
bodies concerned with the protection or improvement of the environment; and
bodies concerned with the protection of persons using substances or articles subject to regulation under section 140 or 142 of this Act.
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Section 144.
The Planning (Hazardous Substances) Act 1990 shall be amended as provided in this Part of this Schedule.
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In section 7(1)(a) (applications for consent), after the word “applications” there shall be inserted the words “ under this Act ”.
In section 11 (deemed hazardous substances consent in transitional cases)—
in subsection (2) for the words “immediately before the relevant date” there shall be substituted the words “ while it was so present ”; and
in subsection (7), in paragraph (a), at the beginning there shall be inserted the words “to the condition that” and, for paragraphs (b) and (c), there shall be substituted the words, and
In section 12 (deemed consent: government authorisation), at the end there shall be added the following subsection—
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In section 22 (validity of decisions as to applications), in subsection (4), for the words “1971 Act” there shall be substituted the words “ principal Act ”.
In section 25(1)(c) (provisions of principal Act capable of application to hazardous substances contravention notices), after “184,” there shall be inserted “ 186, ”.
Before section 27 there shall be inserted the following section—
In section 303(6) of the Town and Country Planning Act 1990 (meaning of “Planning Acts” for purposes of fees chargeable under that section), at the end there shall be inserted the words “ or the Planning (Hazardous Substances) Act 1990. ”)
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Section 148.
The Prevention of Oil Pollution Act 1971 shall be amended as follows.
In section 19 (prosecutions), after subsection (4), there shall be inserted the following subsection—
After that section there shall be inserted the following section—
In section 20(1) (power of court to direct amount of unpaid fine to be levied by distress or poinding and sale of vessel) after the words “is not paid” there shall be inserted the words “ , or any costs or expenses ordered to be paid by him are not paid, ”.
In section 24(2) (application of Act to Government ships), for the words “and subsection (4) of section 16” there shall be substituted the words “ , subsection (4) of section 16 and subsection (10) of section 19A ”.
In section 25(1) (power to extend provisions of Act to Isle of Man, Channel Islands etc), after the words “other than section 3” there shall be inserted the words “ or 19A ”.
In section 30 (provisions as to Northern Ireland), after subsection (4), there shall be inserted the following subsection— .
Section 162.
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In the Alkali, &c. Works Regulation Act 1906 there shall be inserted, after section 2, the following section—. and, immediately before section 25, as section 24A, a section in the same terms as the section 2A inserted after section 2.
The following provisions of the Dogs Act 1906 shall be amended as follows. The amendments made to section 3 by section 39(2) of the Local Government Act 1988 and section 128(1)(a) of the Civic Government (Scotland) Act 1982 shall cease to have effect. In section 4—
The following provisions of the Public Health Act 1936 (matters deemed statutory nuisances) shall be amended as follows. In section 141, for the words “Part III of this Act” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”. in section 259(1), for the words “Part III of this Act” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”. In section 268—
Section 151 of the Mines and Quarries Act 1954 (matters deemed statutory nuisances) shall be amended as follows. In subsection (2), for the words “Part III of the Public Health Act 1936” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”. In subsection (3), for the words “Part III of the Public Health Act 1936” there shall be substituted the words “ Part III of the Environmental Protection Act 1990 ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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In section 1(1)(g) of the Hovercraft Act 1986 (power to exclude noise nuisance proceedings), after the word “1974” there shall be inserted the words “ or Part III of the Environmental Protection Act 1990. ”
The following provisions of of the Transport Act 1968 shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 108(1) (statutory nuisance proceedings in relation to waterways), for the words “said Act of 1936” there shall be substituted the words “ Environmental Protection Act 1990 ”.
In section 42 of the Countryside Act 1968 (National Park Wardens), in subsection (4)(a), for the words “section 1 of the Litter Act 1983” there shall be substituted the words “ section 87 of the Environmental Protection Act 1990 ”.
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In section 170A(3) of the Local Government (Scotland) Act 1973 (restriction on sale of electricity by local authority) after the word “prescribed,” there shall be inserted the words “ or in cases where it is produced from waste, ”.
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in subsection (1), at the beginning, of the words “Subject to subsection (5) below,”; and
after subsection (4), of the following subsections—
The following provisions of the Control of Pollution Act 1974 shall be amended as follows. In section 30D, after the words “and 1965” there shall be inserted the words “ and of the Environmental Protection Act 1990 ”. In section 61(9), at the end, there shall be inserted the words “ (in relation to Scotland) or section 82 of the Environmental Protection Act 1990 (in relation to England and Wales) ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 74(2), after paragraph (b), there shall be inserted the following; or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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For subsection (6) of section 56 of the Control of Pollution Act 1974 (interpretation of Part II) there shall be substituted the following subsection—
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Section 1 of the Refuse Disposal (Amenity) Act 1978 (provision by waste disposal authorities of places etc. for disposal of refuse) shall be amended in relation to Scotland as follows. In subsection (1) at the end there shall be inserted the words “ and to dispose of refuse so deposited ”. In subsection (6) for the words from “mandamus” to the end of the subsection there shall be substituted the words “ by proceedings under section 45 of the Court of Session Act 1988 ”. In subsection (7) the definition of “local authority” and the word “and” which follows it shall be omitted.
In section 25 of the Local Government and Planning (Scotland) Act 1982, for subsection (3) there shall be substituted—.
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In section 7(4) of the Public Health (Control of Disease) Act 1984 (enactments functions under which are assignable to London port health authority), after the paragraph (k) inserted by paragraph 23 of Schedule 6 to the Building Act 1984, there shall be inserted the following paragraphs—.
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In section 76(1)(b) and (4)(a) of the Building Act 1984, for the words “sections 93 to 96 of the Public Health Act 1936” there shall be substituted the words “ section 80 of the Environmental Protection Act 1990 ”.
In section 25(3) of the Food and Environment Protection Act 1985, after paragraph (a)(ii) there shall be inserted the following sub-paragraph—.
In section 10 of the Local Government Act 1985 (joint arrangements for waste disposal functions), in subsection (4), for the words “Part I of the Control of Pollution Act 1974” there shall be substituted the words “ Part II of the Environmental Protection Act 1990 ”.
In Schedule 1 to the Local Government Act 1988 (competition: collection of household waste), paragraph 1 shall be amended as follows—
in sub-paragraph (1), the words “In the application of this Part to England and Wales,” shall be omitted;
in sub-paragraph (2)(a), for the words “section 12 of the Control of Pollution Act 1974” there shall be substituted the words “ section 45 of the Environmental Protection Act 1990 ”;
in sub-paragraph (3), for the words “section 30(4) of the Control of Pollution Act 1974” there shall be substituted the words “ section 75(8) of the Environmental Protection Act 1990 ”; and
sub-paragraph (4) shall be omitted.
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The Control of Pollution (Amendment) Act 1989 shall be amended as follows. In the following provisions, for the words “disposal authority” and “disposal authorities” there shall be substituted the words “ regulation authority ” and “ regulation authorities ” respectively, that is to say, in sections 1(4)(a), 2(1), 2(b) and (e), (3)(a) and (e) and (4)(a), (b) and (c), 3(1), (2) and (6), 4(1), (3), (4), (5) and (8)(b) and (c), 5(1) and (4)(a), 6(1), (2), (3), (5), . . ., (7)(a) and (c), (8) and (9) and 7(1), . . ., (3)(a) and (8). In section 6(1) (offences justifying seizure of vehicles), in paragraph (a)(i)— In section 7 (enforcement)— In section 9(1)— Section 9(2) shall be omitted.
Chapter Short title Extent of repeal 1906 c. 14. Alkali, &c. Works Regulation Act 1906. The whole Act so far as unrepealed. 1956 c. 52. Clean Air Act 1956. Section 17(4). In section 29(1), in the proviso, paragraph (a). In section 31(1), the words from “(other” to “1906)”. Schedule 2. 1968 c. 62. Clean Air Act 1968. Section 11. 1972 c. 70. Local Government Act 1972. In section 180(3), paragraph (b). 1973 c. 65. Local Government (Scotland) Act 1973. In section 142(2), paragraph (b). 1974 c. 37. Health and Safety at Work etc. Act 1974. Section 1(1)(d) and the word “and” preceding it. Section 5. 1974 c. 40. Control of Pollution Act 1974. In section 76(4), the words “or work subject to the Alkali Act”. In section 78(1), the words “or work subject to the Alkali Act”. In section 79(4), the words “or work subject to the Alkali Act”. In section 80(3), the words “or work subject to the Alkali Act”. In section 84(1), the definition of “a work subject to the Alkali Act”. In section 103(1)(a), the words “Alkali Act or the”. In section 105(1), the definition of “the Alkali Act”. 1990 c. 43 Environmental Protection Act 1999 In section 79(10), the words following “Part I”. Note: The repeal of the Alkali, &c. Works Regulation Act 1906 does not extend to Northern Ireland.
Chapter Short title Extent of repeal 1974 c. 40. Control of Pollution Act 1974. Sections 1 to 21. Sections 27 to 30. 1978 c. 3. Refuse Disposal (Amenity) Act 1978. Sections 1. 1982 c. 45. Civic Government (Scotland) Act 1982. Sections 124 and 125 and in section 126, subsections (1) and (3). 1988 c. 9. Local Government Act 1988. In Schedule 1, in paragraph 1, in sub-paragraph (1) the words “in the application of this Part to England and Wales,” and sub-paragraph (4). 1989 c. 14. Control of Pollution (Amendment) Act 1989. In section 7(2), paragraph (b) and the word “and” preceding it. In section 9, in subsection (1), the definition of “disposal authority” and subsection (2). 1989 c. 15. Water Act 1989. In Schedule 25, in paragraph 48, sub-paragraphs (1) to (6). 1989 c. 29. Electricity Act 1989. In Schedule 16, paragraph 18. 1990 c. 43. Environmental Protection Act 1990. In section 34(3)(b), the words following “below”. Section 36(8). Note: The repeal in the Refuse Disposal (Amenity) Act 1978 does not extend to Scotland.
Chapter Short title Extent of repeal 1936 c. 49. Public Health Act 1936. Sections 91 to 100. Sections 107 and 108. Sections 109 and 110. In section 267(4), “III” 1956 c. 52. Clean Air Act 1956. Section 16. In section 30(1), the words from “or a nuisance” to “existed”. 1960 c. 34. Radioactive Substances Act 1960. In Schedule 1— (a) In paragraph 3, the words “and ninety-two”; (b) in paragraph 3, the words “subsection (2) of section one hundred and eight”; and (c) in paragraph 8, the words “and sixteen”. 1961 c. 64. Public Health Act 1961. Section 72. 1963 c. 33. London Government Act 1963. In Schedule 11, in Part I, paragraph 20. 1963 c. 41. Offices, Shops and Railway Premises Act 1963. Section 76(3). 1969 c. 25. Public Health (Recurring Nuisances) Act 1969. The whole Act. 1972 c. 70. Local Government Act 1972. In section 180(3), paragraph (j). In Schedule 14— (a) in paragraph 4, the words “107(1) and (2), 108”; (b) paragraph 11; and (c) paragraph 12. 1974 c. 40. Control of Pollution Act 1974. In section 57, paragraph (a). Sections 58 and 59. In section 69, in subsection (1), paragraph (a) and, in paragraph (c), the words “section 59(2) or”, and in subsection (3) the words “section 59(6) or” and paragraph (i). In Schedule 2, paragraphs 11 and 12. 1982 c. 30. Local Government (Miscellaneous Provisions) Act 1982. Section 26(1) and (2). 1989 c. 17. Control of Smoke Pollution Act 1989. Section 1. 1990 c. 8. Town and Country Planning Act 1990. In Schedule 17, paragraph 1. Note: The repeals in the Clean Air Act 1956, the Control of Pollution Act 1974 and the Control of Smoke Pollution Act 1989 do not extend to Scotland.
Chapter Short title Extent of repeal 1974 c. 40. Control of Pollution Act 1974. Section 22(1) and (2). 1982 c. 43 Local Government and Planning (Scotland) Act 1982. Section 25(1). 1983 c. 35. Litter Act 1983. Section 1 and 2. Section 12(1). 1986 c. ii. Berkshire Act 1986. Section 13. 1987 c. xi. Exeter City Council Act 1987. Section 24. 1988 c. viii. City of Westminster Act 1988. The whole Act. 1990 c. vii. London Local Authorities Act 1990. Section 43.
Chapter Short title Extent of repeal 1960 c. 34. Radioactive Substances Act 1960. Section 2(1). In section 4, subsection (1) and in subsection (2) the word “further”. Section 7(3)(a). Section 8(1)(a). In section 12, subsection (1), in subsection (2)(b) the words “of waste” and, at the end “and”, and in subsection (3)(b) the words “subsection (1) or”. In section 19(1) the definition of “the Minister”. Section 21(4). In Schedule 1, paragraphs 9 and 11.
Chapter Short title Extent of repeal 1968 c. 41. Countryside Act 1968. In section 15(2), the words “in the national interest”. Section 19. In section 46(2), the words “and (2)” 1973 c. 54. Nature Conservancy Council Act 1973. In section 1, subsections (1), (2) and (4) to (8). Sections 2 and 4. In Schedule 1, paragraphs 6, 10 and 12. In Schedule 3, Parts I and II. 1981 c. 69. Wildlife and Countryside Act 1981. In section 34(6) the words “and Wales”. Section 38. In section 43(1A) the words “by the Countryside Commission”. In Schedule 13, paragraph 5.
Chapter Short title Extent of repeal 1972 c. 52. Town and Country Planning (Scotland) Act 1972. In section 56A(1), the words “and to section 56B below”. Section 56B. In section 56E(2)(e) and 56K(5)(b), the words “or Health and Safety Commission”. In section 56F(1), the words “and (3)”. Section 56F(3). Section 56H(5). In section 56J(5), the words from “other” to “applies”. In section 56M(3), the words “Subject to subsection (4) below,”. Section 56M(4). In section 56N, in subsection (1)(b), the words from “or” to “would be” and subsection (2). In section 56O, the definition of “the appropriate body” and the word “and” immediately following. 1986 c. 63. Housing and Planning Act 1986. In Part II of Schedule 7, in paragraph 8 the word “56B,”. 1989 c. 29. Electricity Act 1989. In Schedule 17, paragraph 37(1)(b). 1990 c. 10. Planning (Hazardous Substances) Act 1990. In section 1, the words “2 or”. Section 2. Section 3(6). In section 9(2)(e) and 18(2)(b), the words “or Health and Safety Commission”. In section 11(7), the words “to the conditions that”.Section 13(7). In section 15(1), the words from “other” to “applies)”. Section 20(6). Section 21(7). Section 27(4). In section 28(1), the words “authority who are a” and the words “by virtue of section 1 or 3”. In section 28(1)(b), the words “or but for section 2 would be”. Section 28(2). In section 29(6), the definition of “the appropriate body” and the word “and” immediately following that definition. In section 30(1), the words “by virtue of section 1 or 3”. Section 33. In section 38(2), the words “(being a local planning authority)”. In section 39(2), the entries for “the 1971 Act”, “the appropriate Minister” and “operational land”. In section 39(4), the words “2,” and “and his undertaking a statutory undertaking”. In section 39(5), the word “2,”, in the first place it occurs and the words following “undertaker” in the second place it occurs. In section 39(6), the words “and their undertakings statutory undertakings”.Section 39(7) and (8). 1990 c. 11. Planning (Consequential Provisions) Act 1990. In Schedule 2, paragraph 82(2).
Chapter Short title Extent of repeal 1985 c. 48. Food and Environment Protection Act 1985. Section 5(c), (d) and (e)(iii). Section 6(1)(a)(iii). Schedule 4.
Chapter Short title Extent of repeal 1906 c. 32. Dogs Act 1906. Section 4(1). 1974 c. 40. Control of Pollution Act 1974. Section 100. 1982 c. 45. Civic Government (Scotland) Act 1982. Section 128(1). 1982 c. 48. Criminal Justice Act 1982. Section 43. 1988 c. 9. Local Government Act 1988. Section 39(2) and (4). 1988 c. 33. Criminal Justice Act 1988. Section 58.
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The purpose of a waste reduction scheme is to provide a financial incentive— and accordingly to reduce the amount of residual domestic waste. A waste reduction scheme—
A waste collection authority may make a waste reduction scheme only if— In sub-paragraph (1)(a) above— The Secretary of State may by order amend sub-paragraphs (1) and (2) above.
A waste reduction scheme must provide for a financial incentive that the authority considers will be effective to achieve the purpose of the scheme. The scheme may provide for the incentive to be provided— or by any combination of those means.
A waste reduction scheme may include provision for charging by reference to— or by reference to any combination of those factors. The scheme may, in particular, make provision for occupiers of premises— and for a charge to be made by the authority in respect of the receptacles, the means of identifying them or both. A charge under this paragraph in respect of a receptacle is in addition to any charge under section 46 in respect of the cost of providing the receptacle. The amount of any charge under this paragraph need not be related to the authority's costs. The scheme may make provision as to the person or persons by whom any charge is payable. The scheme may—
The Secretary of State may by order set a limit on the amount of the charge under paragraph 4 that may be imposed in respect of any premises in any financial year. A failure to pay a charge under paragraph 4 does not affect the authority's duty under section 45(1)(a) (general duty to arrange for collection of household waste). Section 45(3) (general prohibition on charging for collection of household waste) has effect subject to paragraph 4.
From year to year, and taking one year with another, the aggregate amount of charges under a waste reduction scheme must not exceed the aggregate amount of the rebates or other payments under the scheme. The Secretary of State may by order amend sub-paragraph (1) above. Any such order may make any amendments of paragraph 4(4) that appear to the Secretary of State to be necessary or expedient in consequence of, or in connection with, the amendment of sub-paragraph (1) above.
The authority must comply with the following requirements after making a waste reduction scheme and before it is brought into operation. The authority must publish the scheme in such manner as it considers appropriate. The authority must send to the occupier of any premises to which the scheme applies a notice setting out—
A waste reduction scheme must contain provision enabling a person to appeal against any decision affecting, directly or indirectly, that person's entitlement to a rebate or other payment, or liability to pay a charge, under the scheme.
A waste collection authority that operates a waste reduction scheme must keep a separate account of— Any person interested may at any reasonable time and without payment inspect the account and make copies of it or any part of it. A person having custody of the account who intentionally obstructs a person in the exercise of the rights conferred by sub-paragraph (2) above commits an offence. A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Where a waste collection authority that operates a waste reduction scheme is not also the waste disposal authority, the waste disposal authority may pay to the collection authority contributions of such amounts as the disposal authority may determine towards expenditure of the collection authority attributable to the scheme. The collection authority must supply to the disposal authority such information as the disposal authority may reasonably require for the purpose of determining amounts under this paragraph.
The Secretary of State may by regulations make provision as to— The regulations may in particular provide— The regulations may include provision— In paragraph (b) “modifying” includes making additions, amendments or omissions. The regulations may in particular provide—
An authority may use for the purpose of administering a waste reduction scheme information it has obtained for the purpose of carrying out its functions under the enactments relating to council tax.
An authority that has made a waste reduction scheme may amend or revoke the scheme. After amending a scheme and before bringing the amendment into operation, the authority must— The amendment or revocation of a scheme does not affect any entitlement or liability under the scheme in respect of a period before the amendment or revocation takes effect. The revocation of a scheme does not affect the duty of the authority to comply with paragraph 6(1).
The Secretary of State may issue guidance to waste collection authorities and waste disposal authorities as respects the exercise of their functions under this Schedule. Any such guidance issued— In exercising their functions under this Schedule waste collection authorities and waste disposal authorities must have regard to any guidance in force under this paragraph.
In this Schedule— The Secretary of State may by order amend the definition of “domestic premises” in sub-paragraph (1). References in this Schedule to recycling include re-using and composting.
An order under paragraph 2(3), 6(2) or 15(2) is subject to affirmative resolution procedure. Section 161(3) (negative resolution procedure: orders) applies in relation to an order under paragraph 5(1), subject as follows. An order under that paragraph is subject to affirmative resolution procedure if— Section 161(2) (negative resolution procedure: regulations) applies in relation to regulations under paragraph 11, subject as follows. Regulations under that paragraph are subject to affirmative resolution procedure if they modify an enactment contained in an Act of Parliament. Where an order or regulations are subject to “affirmative resolution procedure” the Secretary of State must not make the order or regulations unless a draft of the statutory instrument containing them has been laid before and approved by resolution of each House of Parliament.
Production or consumption residues not otherwise specified below.
Off-specification products.
Products whose date for appropriate use has expired.
Materials spilled, lost or having undergone other mishap, including any materials, equipment, etc, contaminated as a result of the mishap.
Materials contaminated or soiled as a result of planned actions (e.g. residues from cleaning operations, packing materials, containers, etc.).
Unusable parts (e.g. reject batteries, exhausted catalysts, etc.).
Substances which no longer perform satisfactorily (e.g. contaminated solvents, exhausted tempering salts, etc.).
Residues of industrial processes (e.g. slags, still bottoms, etc.).
Residues from pollution abatement processes (e.g. scrubber sludges, baghouse dusts, spent filters, etc.).
Machining or finishing residues (e.g. lathe turnings, mill scales, etc.).
Residues from raw materials extraction and processing (e.g. mining residues, oil field slops, etc.).
Adulterated materials (e.g. oils contaminated with PCBs, etc.).
Any materials, substances or products whose use has been banned by law.
Products for which the holder has no further use (e.g. agricultural, household, office, commercial and shop discards, etc.).
Contaminated materials, substances or products resulting from remedial action with respect to land.
Any materials, substances or products which are not contained in the above categories.
A person commits an offence if he distributes any free printed matter without the consent of a principal litter authority on any land which is designated by the authority under this Schedule, where the person knows that the land is so designated. A person commits an offence if he causes another person to distribute any free printed matter without the consent of a principal litter authority on any land designated by the authority under this Schedule. A person is not guilty of an offence under sub-paragraph (2) if he took reasonable steps to ensure that the distribution did not occur on any land designated under this Schedule. Nothing in this paragraph applies to the distribution of printed matter— A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 4 on the standard scale. For the purposes of this Schedule— For the purposes of this Schedule a person does not distribute printed matter if the distribution takes place inside a public service vehicle (within the meaning of the Public Passenger Vehicles Act 1981).
A principal litter authority may by order in accordance with this paragraph designate land in its area for the purposes of this Schedule. The land designated must consist of— A principal litter authority may only designate land where it is satisfied that the land is being defaced by the discarding of free printed matter which has been distributed there. Where a principal litter authority proposes to make an order under sub-paragraph (1) above in respect of any land, it must— A notice under sub-paragraph (4) above must specify— Where after giving notice under sub-paragraph (4) above and taking into account any objections duly made pursuant to sub-paragraph (5)(c) above an authority decides to make an order under sub-paragraph (1) above in respect of any or all of the land in respect of which the notice was given, the authority must— A notice under sub-paragraph (6) above must specify the date on which the order is to come into force, being a date not earlier than— A principal litter authority may at any time revoke an order under sub-paragraph (1) above in respect of any land to which the order relates. A principal litter authority must— Sub-paragraph (1) above does not apply to an English county council for an area for which there is a district council.
A principal litter authority may on the application of any person consent to that person or any other person (identified specifically or by description) distributing free printed matter on any land designated by the authority under this Schedule. Consent under this paragraph may be given without limitation or may be limited— A principal litter authority need not give consent under this paragraph to any applicant where it considers that the proposed distribution would in all the circumstances be likely to lead to defacement of the designated land. Consent need not be given to any applicant if within the period of five years ending on the date of his application— Consent may be given under this paragraph subject to such conditions as the authority consider necessary or desirable for— The conditions which may be imposed by a principal litter authority under this paragraph include conditions requiring any person distributing printed matter pursuant to consent given under this paragraph to produce on demand written evidence of the consent to an authorised officer of the authority. Consent given by a principal litter authority under this paragraph may at any time be revoked (entirely or to any extent) by notice to the person to whom it was given, where— Any condition imposed under this paragraph in relation to any consent may be varied or revoked by notice given to the person to whom the consent was given.
A principal litter authority may require the payment of a fee before giving consent under paragraph 3 above. The amount of a fee under this paragraph is to be such as the authority may determine, but may not be more than, when taken together with all other fees charged by the authority under this paragraph, is reasonable to cover the costs of operating and enforcing this Schedule.
Any person aggrieved by a decision of a principal litter authority under paragraph 3 above— may appeal against the decision to a magistrates' court. A magistrates' court may on an appeal under this paragraph—
Where it appears to an authorised officer of a principal litter authority that a person distributing any printed matter is committing an offence under paragraph 1 above, he may seize all or any of it. Any person claiming to own any printed matter seized under this paragraph may apply to a magistrates' court for an order that the printed matter be released to him. On an application under sub-paragraph (2) above, if the magistrates' court considers that the applicant does own the printed matter, the court shall order the principal litter authority to release it to him, except to the extent that the court considers that the authority needs to retain it for the purposes of proceedings relating to an offence under paragraph 1 above. Any printed matter seized under this paragraph (and not released under sub-paragraph (3) above) must be returned to the person from whom it is seized— Where it is not possible to return any printed matter under sub-paragraph (4) above because the name and address of the person from whom it was seized are not known, a principal litter authority may dispose of or destroy it.
This paragraph applies where on any occasion it appears to an authorised officer of a principal litter authority that a person has committed an offence under paragraph 1 above on any land designated by the authority under this Schedule. The authorised officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the principal litter authority. Subsections (2) to (5) of section 88 above apply in relation to notices given under this paragraph as they apply to notices under that section. The amount of the fixed penalty payable to a principal litter authority under this paragraph— The principal litter authority to which a fixed penalty is payable under this paragraph may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority. In any proceedings a certificate which— is evidence of the facts stated. If an authorised officer of a principal litter authority proposes to give a person a notice under this paragraph, the officer may require the person to give him his name and address. A person commits an offence if— A person guilty of an offence under sub-paragraph (8) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale. In this paragraph, “chief finance officer”, in relation to a principal litter authority, means the person having responsibility for the financial affairs of that authority.
In this Schedule “authorised officer”, in relation to a principal litter authority, means—
an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under paragraph 7 above;
any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function; and
any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices.