Legalize / United Kingdom / Public General Act

Environmental Protection Act 1990

Type Public General Act

Publication 1990-11-01

Last updated 2026-03-11

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(3) Directions under subsection (2) above may, in particular, require a local authority to—

(a) advise whether it has met, or is likely to meet, any performance targets set out in the plan; and

(b) 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.

Modification of integrated waste management plan

44ZD

(1) A local authority—

(a) may, from time to time; and

(b) shall, if requested by the Scottish Ministers,

modify its integrated waste management plan and submit it, as modified, to the Scottish Ministers for approval.

(2) 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.

Collection, disposal or treatment of controlled waste

National waste strategy: England and Wales.

44A

(1) 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.

(2) The strategy shall consist of or include—

(a) a statement which relates to the whole of England and Wales; or

(b) two or more statements which between them relate to the whole of England and Wales.

(3) The Secretary of State may from time to time modify the strategy.

(4) Without prejudice to the generality of what may be included in the strategy, the strategy must include—

(a) a statement of the Secretary of State’s policies for attaining the objectives specified in Schedule 2A to this Act;

(b) provisions relating to each of the following, that is to say—

(i) the type, quantity and origin of waste to be recovered or disposed of;

(ii) general technical requirements; and

(iii) any special requirements for particular wastes.

(5) In preparing the strategy or any modification of it, the Secretary of State—

(a) shall consult the Environment Agency,

(b) shall consult—

(i) such bodies or persons appearing to him to be representative of the interests of local government, and

(ii) such bodies or persons appearing to him to be representative of the interests of industry,

as he may consider appropriate, and

(6) 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—

(a) to advise him on the policies which are to be included in the strategy;

(b) to carry out a survey of or investigation into—

(i) the kinds or quantities of waste which it appears to that Agency is likely to be situated in England and Wales,

(ii) 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,

(iii) 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,

and to report its findings to him.

(7) A direction under subsection (6)(b) above—

(a) shall specify or describe the matters or the areas which are to be the subject of the survey or investigation; and

(b) may make provision in relation to the manner in which—

(i) the survey or investigation is to be carried out, or

(ii) the findings are to be reported or made available to other persons.

(8) Where a direction is given under subsection (6)(b) above, the Environment Agency shall, in accordance with any requirement of the direction,—

(a) before carrying out the survey or investigation, consult—

(i) such bodies or persons appearing to it to be representative of local planning authorities, and

(ii) such bodies or persons appearing to it to be representative of the interests of industry,

as it may consider appropriate; and

(b) make its findings available to those authorities.

(8A) The Environment Agency shall publicise any direction given to it under subsection (6) above in such manner as it considers appropriate.

(9) In this section—

“local planning authority” has the same meaning as in the Town and Country Planning Act 1990;

“strategy” includes the strategy as modified from time to time and “statement” shall be construed accordingly.

(10) 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—

(a) the directive of that Council, dated 18th March 1991, amending directive 75/442/EEC on waste; and

(b) the directive of that Council, dated 23rd December 1991, standardising and rationalising reports on the implementation of certain Directives relating to the environment.

National waste strategy: Scotland.

44B

Collection of controlled waste.

45

(1) It shall be the duty of each waste collection authority—

(a) to arrange for the collection of household waste in its area except waste—

(i) 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

(ii) 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

(b) 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

(c) 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 section34(2E) or (2F), to arrange for the collection of the waste.

(1A) In subsection (1)(c), the reference to “dry recyclable waste or food waste” does not include—

(a) household waste; and

(b) food waste from premises in a rural area.

(2) 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.

(3) 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—

(a) 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

(b) the authority may recover a reasonable charge for the collection of the waste from the person who made the request.

(4) 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.

(5) It shall be the duty of each waste collection authority—

(a) 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;

(b) 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.

(6) 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.

(7) A waste collection authority may—

(a) construct, lay and maintain, within or outside its area, pipes and associated works for the purpose of collecting waste;

(b) 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.

(8) 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.

(9) 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.

(10) 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—

(a) the said section 2 conferred a power on a waste collection authority rather than a duty on Scottish Water ;

(b) in the said section 3—

(i) references to Scottish Water were references to a waste collection authority; and

(ii) in references to public sewers and public sewage works the word “public” were omitted;

(c) 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

(d) in the said section 41, the reference to Scottish Water were a reference to a waste collection authority,

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).

(10A) 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.

(11) In the application of this section to Scotland, subsection (5)(b) and the references to a cesspool occurring in subsection (6) shall be omitted.

(12) 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—

“privy” means a latrine which has a moveable receptacle;

“cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from buildings; and

“rural area” has the same meaning as in section 34(4B).

England: separate collection of household waste

45A

(1) 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.

(2) The arrangements must meet the conditions in subsections (3) to (8) (subject to any provision in regulations under section 45AZC).

(3) The first condition is that recyclable household waste must be collected separately from other household waste.

(4) The second condition is that recyclable household waste must be collected for recycling or composting.

(5) 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).

(6) Recyclable household waste in two or more recyclable waste streams may be collected together where—

(a) it is not technically or economically practicable to collect recyclable household waste in those recyclable waste streams separately, or

(b) 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).

(7) 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).

(8) The fourth condition is that recyclable household waste which is food waste must be collected at least once a week.

(9) Household waste is “recyclable household waste” if—

(a) it is within any of the recyclable waste streams, and

(b) it is of a description specified in regulations made by the Secretary of State.

(10) For the purposes of this section the recyclable waste streams are—

(a) glass;

(b) metal;

(d) paper and card;

(e) food waste;

(f) garden waste.

England: separate collection of household waste from relevant non-domestic premises

45AZA

(1) 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—

(a) is acting in the course of a business (whether or not for profit), or

(b) is exercising a public function (including a function under section 45(1)(a)).

(2) The arrangements must meet the conditions in subsections (3) to (7) (subject to any provision in regulations under section 45AZC).

(3) The first condition is that recyclable household waste must be collected separately from other household waste.

(4) The second condition is that recyclable household waste must be collected for recycling or composting.

(5) 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).

(6) Recyclable household waste in two or more recyclable waste streams may be collected together where—

(a) it is not technically or economically practicable to collect recyclable household waste in those recyclable waste streams separately, or

(b) 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).

(7) But recyclable household waste within subsection (10)(a) to (d) may not be collected together with recyclable household waste within subsection (10)(e).

(8) 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.

(9) Household waste is “recyclable household waste” if—

(a) it is within any of the recyclable waste streams, and

(b) it is of a description specified in regulations made by the Secretary of State.

(10) For the purposes of this section the “recyclable waste streams” are—

(a) glass;

(b) metal;

(d) paper and card;

(e) food waste.

(11) For the purposes of this section “relevant non-domestic premises” means—

(a) a residential home;

(b) premises forming part of a university or school or other educational establishment;

(d) premises of a description specified in regulations made by the Secretary of State.

(12) Regulations under subsection (11)(d) may not specify domestic properties (within the meaning of section 75(5)(a)).

England: separate collection of industrial or commercial waste

45AZB

(1) 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—

(a) is acting in the course of a business (whether or not for profit), or

(b) is exercising a public function (including a function under section 45(1)(b) or (2)).

(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.

(3) The first condition is that recyclable relevant waste must be collected separately from other relevant waste.

(4) The second condition is that recyclable relevant waste must be collected for recycling or composting.

(5) 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).

(6) Recyclable relevant waste in two or more recyclable waste streams may be collected together where—

(a) it is not technically or economically practicable to collect recyclable relevant waste in those recyclable waste streams separately, or

(b) 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).

(7) But recyclable relevant waste within subsection (10)(a) to (d) may not be collected together with recyclable relevant waste within subsection (10)(e).

(8) 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.

(9) Relevant waste is “recyclable relevant waste” if—

(a) it is within any of the recyclable waste streams, and

(b) it is of a description specified in regulations made by the Secretary of State.

(10) For the purposes of this section the “recyclable waste streams” are—

(a) glass;

(b) metal;

(d) paper and card;

(e) food waste.

Sections 45A to 45AZB: powers to exempt and extend

45AZC

(1) The Secretary of State may by regulations provide—

(a) for exemptions from the condition in section 45A(5), 45AZA(5) or 45AZB(5);

(b) for exemptions from the application of section 45AZA or 45AZB;

(c) 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.

(2) 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.

(3) The Secretary of State may by regulations amend sections 45A to 45AZB so as to—

(a) add further recyclable waste streams, and

(b) 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.

(4) The Secretary of State may exercise the power in subsection (3)(a) in relation to a waste stream only if satisfied that—

(a) there is waste in that waste stream which is suitable for recycling or composting, and recycling or composting it will have an environmental benefit,

(b) 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

(5) Before making regulations under this section the Secretary of State must consult—

(a) the Environment Agency,

(b) English waste collection authorities,

(d) anyone else the Secretary of State considers appropriate.

(6) The requirement in subsection (5) may be met by consultation carried out before this section comes into force.

Sections 45A to 45AZB: duties of waste collectors

45AZD

(1) Subsection (2) applies where—

(a) a person collects or proposes to collect waste under arrangements to which section 45A, 45AZA or 45AZB applies, and

(b) 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).

(2) The person must prepare a written assessment of why the person considers that the section relied on applies.

Sections 45 to 45AZD: guidance

45AZE

(1) The Secretary of State may issue guidance about the duties imposed by sections 45 to 45AZD.

(2) The guidance may in particular deal with—

(a) 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;

(b) the frequency with which household waste other than recyclable household waste which is food waste should be collected;

(d) assessments under section 45AZD.

(3) The guidance may make different provision in relation to sections 45A, 45AZA and 45AZB.

(4) Before issuing guidance under this section the Secretary of State must consult—

(a) the Environment Agency,

(b) English waste collection authorities,

(d) anyone else the Secretary of State considers appropriate.

(5) The requirement in subsection (4) may be met by consultation carried out before this section comes into force.

(6) A waste collection authority, and any party to arrangements to which section 45AZA or 45AZB applies, must have regard to the guidance

(7) The Secretary of State must lay before Parliament, and publish, the guidance.

Sections 45AZA and 45AZB: compliance notices

45AZF

(1) This section applies where the Environment Agency considers that a person other than an English waste collection authority—

(a) is a party to arrangements for the collection of household waste which fail to comply with section 45AZA,

(b) is a party to arrangements for the collection of relevant waste which fail to comply with section 45AZB, or

(2) 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.

(3) A compliance notice must—

(a) specify the failures to comply with section 45AZA or 45AZB,

(b) specify the steps which must be taken for the purpose of preventing the failure continuing or recurring,

(d) give information as to the rights of appeal (including the period within which an appeal must be brought).

(4) A person who fails to comply with a compliance notice commits an offence.

(5) A person who commits an offence under subsection (4) is liable on summary conviction or conviction on indictment to a fine.

Sections 45AZA and 45AZB: appeals against compliance notices

45AZG

(1) A person who is given a compliance notice may appeal to the First-tier Tribunal against—

(a) the notice, or

(b) any requirement in the notice.

(2) The notice or requirement has effect pending the determination of the appeal, unless the tribunal decides otherwise.

(3) The tribunal may—

(a) quash the notice or requirement,

(b) confirm the notice or requirement,

(d) take any steps the Environment Agency could take in relation to the failure giving rise to the notice or requirement, or

(e) remit any matter relating to the notice or requirement to the Environment Agency.

Wales: separate collection etc. of waste

45AA

(1) 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.

(2) A person acting in the course of a business who—

(a) collects controlled waste from premises in Wales, or

(b) receives, keeps, treats or transports controlled waste in Wales,

must do so in accordance with any applicable separation requirements.

(3) For the purposes of subsection (2), a person is acting in the course of a business if the person is—

(a) carrying on any business or undertaking, whether for profit or not, or

(b) exercising any functions of a public nature.

(4) 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.

(5) Subsection (4) does not apply to an occupier of premises within paragraph (a) or (b) of section 75(5) (domestic property and caravans).

(6) 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.

(7) A separation requirement is applicable in the circumstances specified in relation to that requirement in regulations made by the Welsh Ministers.

(8) A person commits an offence if the person fails without reasonable excuse to comply with subsection (2) or (4).

(9) A person who commits an offence under subsection (8) is liable on summary conviction, or on conviction on indictment, to a fine.

(10) The Welsh Ministers may by regulations make provision (which may include provision amending this section)—

(a) for subsection (1) or (2) to apply subject to exceptions;

(b) for subsection (4) to apply subject to exceptions in addition to those in subsection (5).

(11) Regulations under this section may make different provision for different purposes, different cases (including different persons, premises or types of waste) and different areas.

Code of practice

45AB

(1) 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.

(2) The Welsh Ministers may revoke or revise a code of practice issued under this section.

(3) Before issuing a code of practice (or revised code), the Welsh Ministers must consult such persons as they think appropriate.

(4) Where the Welsh Ministers issue a code of practice (or revised code) they must—

(a) publish the code, and

(b) lay a copy before the National Assembly for Wales.

(5) 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.

Power to apply section 45A to Welsh waste collection authorities

45B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Separate collection of dry recyclable waste and food waste: Scotland

45C

(1) 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).

(2) An authority must, from 1stJanuary 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.

(3) An authority need not arrange for a receptacle to be provided under subsection(2) if—

(a) 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

(b) the authority considers that dry recyclable waste if not presented in a receptacle will be deposited at a bring site.

(4) An authority need not comply with subsection (2) to the extent that—

(a) it considers that—

(i) such non-compliance will not affect the potential of the waste to undergo preparing for re-use, recycling or other recovery operations, and

(ii) the resulting output will be of comparable quantity and quality to that achieved if subsection (2) were complied with, and

(b) it is satisfied that dry recyclable waste will not be mixed with other waste that cannot be recycled.

(5) An authority must, from 1stJanuary 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) a receptacle which enables the separate collection of food waste from the property; or

(b) 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.

(6) An authority must, from 1stJanuary 2014, take such steps as the authority considers reasonable to—

(a) promote separate collection (including the making of arrangements for the provision of a food waste receptacle); and

(b) promote recycling in any other manner.

(7) In this section—

“bring site” means any site (supervised or otherwise) where—an occupier of domestic property can deposit dry recyclable waste produced on that property in receptacles for one or more dry waste streams; andwaste so deposited is collected and transported separately by an authorised person (for which see section 34(3));

“receptacle” has the same meaning as in section 46(10); and

“rural area” has the same meaning as in section 34(4B).

Receptacles for household waste.

46

(1) 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.

(1A) Where—

(a) subsection (1) applies to a waste collection authority, and

(b) a waste reduction scheme under Schedule 2AA to this Act is in operation in the authority's area,

the authority may require the occupier to place the waste for collection in receptacles identified by such means as may be specified.

(1B) A requirement under subsection (1A)—

(a) must be imposed by notice served on the occupier;

(b) may be imposed instead of, or in addition to, any requirement imposed on the occupier under subsection (1).

(2) The kind and number of the receptacles required under subsection (1) above to be used shall be such only as are reasonable but —

(a) 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;

(b) 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.

(3) In making requirements under subsection (1) above the authority may, as respects the provision of the receptacles—

(a) determine that they be provided by the authority free of charge;

(b) 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;

(c) require the occupier to provide them if he does not enter into an agreement under paragraph (b) above within a specified period; or

(d) require the occupier to provide them.

(4) In making requirements as respects receptacles under subsection (1) above, the authority may, by the notice under that subsection, make provision with respect to—

(a) the size, construction and maintenance of the receptacles;

(b) the placing of the receptacles for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;

(d) 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

(e) the steps to be taken by occupiers of premises to facilitate the collection of waste from the receptacles.

(f) the removal of the receptacles placed for the purpose of facilitating the emptying of them; and

(g) the time when the receptacles must be placed for that purpose and removed.

(5) 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—

(a) the relevant highway authority or roads authority have given their consent to their being so placed; and

(b) arrangements have been made as to the liability for any damage arising out of their being so placed.

(5A) 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).

(6) 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.

(7) 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—

(a) the requirement is unreasonable; or

(b) the receptacles in which household waste is placed for collection from the premises are adequate.

(8) The period allowed to the occupier of premises for appealing against such a requirement is the period of twenty-one days beginning—

(a) in a case where a period was specified under subsection (3)(c) above, with the end of that period; and

(b) where no period was specified, with the day on which the notice making the requirement was served on him.

(9) Where an appeal against a requirement is brought under subsection (7) above—

(a) the requirement shall be of no effect pending the determination of the appeal;

(b) the court shall either quash or modify the requirement or dismiss the appeal; and

(c) 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.

(10) In this section—

“receptacle” includes a holder for receptacles; and

“specified” means specified in a notice under subsection (1) or (1A) above.

(11) A waste collection authority is not obliged to collect household waste that is placed for collection in contravention of a requirement under this section.

Enforcement of household waste requirements: Scotland

46ZA

(1) An authorised officer of a waste collection authority may give a written warning to a person if satisfied on the balance of probabilities that—

(a) 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

(b) the person's failure to comply—

(i) has caused, or is or was likely to cause, a nuisance, or

(ii) has been, or is or was likely to be, detrimental to any amenities of the locality.

(2) A written warning under subsection (1)—

(a) must—

(i) identify the section 46 requirement with which the person has failed to comply,

(ii) explain the nature of the failure to comply,

(iii) explain how the failure to comply has had, or is or was likely to have, the effect described in subsection (1)(b),

(iv) 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

(v) 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

(b) may contain such other provision as the waste collection authority considers appropriate.

(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 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.

(4) 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.

(5) 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).

(6) 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—

(a) the person—

(i) has again failed without reasonable excuse to comply with the section 46 requirement identified in the warning, or

(ii) has failed without reasonable excuse to comply with a section 46 requirement that is similar to the one identified in the warning, and

(b) the person's failure to comply—

(i) has caused, or is or was likely to cause, a nuisance, or

(ii) has been, or is or was likely to be, detrimental to any amenities of the locality.

(7) 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.

(8) An authorised officer may not give a person a written warning under subsection (1) where, in relation to the same circumstances—

(a) the person has already been given a notice under section 46ZD(2), or

(b) proceedings have already been instituted against the person for an alleged offence under section 46(6).

(9) 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.

(10) 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.

(11) In this section and sections 46ZB to 46ZD—

an “authorised officer” means an employee of a waste collection authority who is authorised in writing by the authority for the purpose of giving written warnings and requiring payment of civil penalty charges under this section,

a “civil penalty charge” means a monetary penalty of an amount specified in regulations under section 46ZC.

Civil penalty charges under section 46ZA: prior notices of intent and final notices

46ZB

(1) 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”).

(2) A notice of intent must contain information about—

(a) the grounds for requiring payment of a civil penalty charge,

(b) the amount of the civil penalty charge, and

(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.

(4) 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).

(5) 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.

(6) Before serving a final notice on a person, an authorised officer must consider any representations made by the person under subsection (3).

(7) A final notice must contain information about—

(a) the grounds for requiring payment of a civil penalty charge,

(b) the amount of the civil penalty charge,

(d) the period within which payment is required to be made,

(e) the right to appeal by virtue of section 46ZC(1)(i), and

(f) the consequences of not paying the civil penalty charge.

Civil penalty charges under section 46ZA: procedure and amount

46ZC

(1) The Scottish Ministers may by regulations make provision about—

(a) the amount of the civil penalty charge that a person may be required to pay to a waste collection authority under section 46ZA,

(b) discounts and surcharges relating to civil penalty charges under section 46ZA,

(c) the procedure to be followed by an authorised officer in requiring payment of a civil penalty charge under section 46ZA,

(d) the form and content of—

(i) a notice of a civil penalty charge under section 46ZA,

(ii) a notice of intent and a final notice under section 46ZB,

(e) 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,

(f) the matters to be considered by the authority in relation to such representations,

(g) the period for payment of a civil penalty charge under section 46ZA(3), (4) and (6),

(h) the circumstances in which the requirement of a civil penalty charge under section 46ZA may be withdrawn by a waste collection authority,

(i) the appeal procedure in relation to the requirement of a civil penalty charge under section 46ZA.

(2) Regulations under subsection (1) may—

(a) make incidental, supplementary, consequential, transitional, transitory or saving provision,

(b) make different provision for different purposes or for different waste collection authority areas.

Fixed penalty notices for offences under section 46

46ZD

(1) 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.

(2) 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.

(3) Where a person is given a notice under subsection (2) in respect of an offence—

(a) no proceedings may be instituted for that offence before the end of the period of 14 days beginning with the date of the notice, and

(b) the person may not be convicted of that offence if the person pays the fixed penalty before the end of that period.

(4) Where a person has already been given a final notice under section 46ZB, and any subsequent civil penalty charge has been paid in full—

(a) no notice may be given to the person under subsection (2) of this section in relation to the same circumstances,

(b) no proceedings may be instituted under section 46(6) against the person in relation to the same circumstances.

(5) A notice under subsection (2) must—

(a) state the particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence,

(b) state the period during which, by virtue of subsection (3), proceedings will not be instituted for the offence,

(d) 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

(e) state the person to whom the fixed penalty may be paid, and the address and website for doing so.

(6) The Scottish Ministers may by regulations specify—

(a) the amount of the fixed penalty payable under this section (not exceeding level 2 on the standard scale),

(b) the form of a notice under subsection (2).

(7) 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.

(8) A person commits an offence if the person—

(a) fails to give a name, address or date of birth when required to do so under subsection (7), or

(b) gives a false or inaccurate name, address or date of birth in response to a requirement under that subsection.

(9) 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.

(10) In any proceedings a certificate which—

(a) purports to be signed on behalf of the person having responsibility for the financial affairs of the waste collection authority, and

(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

Guidance

46ZE

(1) The Scottish Ministers must issue guidance on the operation of sections 46ZA to 46ZD.

(2) In preparing guidance under subsection (1), the Scottish Ministers must consult waste collection authorities.

(3) A waste collection authority, and an authorised officer of a waste collection authority, must have regard to any guidance issued under subsection (1).

Written warnings and penalties for failure to comply with requirements relating to household waste receptacles: England

46A

(1) This section applies where an authorised officer of a waste collection authority in England is satisfied that—

(a) 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

(b) the person's failure to comply—

(i) has caused, or is or was likely to cause, a nuisance, or

(ii) has been, or is or was likely to be, detrimental to any amenities of the locality.

(2) Where this section applies, the authorised officer may give a written warning to the person.

(3) A written warning must—

(a) identify the section 46 requirement with which the person has failed to comply,

(b) explain the nature of the failure to comply,

(d) 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

(e) 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.

(4) 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).

(5) 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.

(6) For the purposes of subsection (5)—

(a) 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—

(i) 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;

(ii) where the person does not appeal, the day on which the period for appealing expires;

(b) 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.

(7) 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 —

(a) 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

(b) 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).

(8) 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.

(9) An authorised officer imposing a requirement to pay a fixed penalty under subsection (4), (5) or (7) must act in accordance with section 46C.

(10) A “fixed penalty” means a monetary penalty of an amount determined in accordance with section 46B.

(11) An “authorised officer”, in relation to a waste collection authority, means—

(a) 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;

(b) 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;

(c) 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.

Amount of penalty under section 46A and recovery of penalty

46B

(1) The amount of the monetary penalty that a person may be required to pay to a waste collection authority under section 46A is—

(a) the amount specified by the waste collection authority in relation to the authority's area, or

(b) if no amount is so specified, £60.

(2) 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.

(3) 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).

(4) Regulations under subsection (3) may (in particular)—

(a) require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations;

(b) restrict the extent to which, and the circumstances in which, a waste collection authority may make provision under subsection (2).

(5) The Secretary of State may by order substitute a different amount for the amount for the time being specified in subsection (1)(b).

(6) A fixed penalty under section 46A—

(a) is recoverable summarily as a civil debt;

(b) 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.

Penalties under section 46A: procedure regarding notices of intent and final notices

46C

(1) 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).

(2) A notice of intent must contain information about—

(a) the grounds for proposing to require payment of a fixed penalty,

(b) the amount of the penalty that the person would be required to pay, and

(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.

(4) 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.

(5) 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).

(6) 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.

(7) Before serving a final notice on a person, an authorised officer must consider any representations made by the person under subsection (3).

(8) The final notice must contain information about—

(a) the grounds for requiring payment of a fixed penalty,

(b) the amount of the penalty,

(d) 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),

(e) any provision giving a discount for early payment made by virtue of section 46B(2),

(f) the right to appeal under section 46D, and

(g) the consequences of not paying the penalty.

Appeals against penalties under section 46A

46D

(1) 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.

(2) On an appeal under this section the First-tier Tribunal may withdraw or confirm the requirement to pay the fixed penalty.

(3) 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).)

(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.

(5) 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.

Receptacles for commercial or industrial waste.

47

(1) 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.

(2) 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.

(3) 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.

(4) In making requirements as respects receptacles under subsection (2) above, the authority may, by the notice under that subsection, make provision with respect to—

(a) the size, construction and maintenance of the receptacles;

(b) the placing of the receptacles for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;

(d) 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

(e) the steps to be taken by occupiers of premises to facilitate the collection of waste from the receptacles.

(f) the removal of the receptacles placed for the purpose of facilitating the emptying of them; and

(g) the time when the receptacles must be placed for that purpose and removed.

(5) 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—

(a) the relevant highway authority or roads authority have given their consent to their being so placed; and

(b) arrangements have been made as to the liability for any damage arising out of their being so placed.

(5A) 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).

(6) 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.

(7) 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—

(a) the requirement is unreasonable; or

(b) the waste is not likely to cause a nuisance or be detrimental to the amenities of the locality.

(8) 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.

(9) Where an appeal against a requirement is brought under subsection (7) above—

(a) the requirement shall be of no effect pending the determination of the appeal;

(b) the court shall either quash or modify the requirement or dismiss the appeal; and

(c) 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.

(10) In this section—

“receptacle” includes a holder for receptacles; and

“specified” means specified in a notice under subsection (2) above.

Fixed penalty notices for offences under sections 46 and 47

47ZA

(1) 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.

(2) 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.

(3) Where a person is given a notice under this section in respect of an offence—

(a) no proceedings may be instituted for that offence before the expiration of the period of fourteen days following the date of the notice; and

(b) he may not be convicted of that offence if he pays the fixed penalty before the expiration of that period.

(4) 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.

(5) A notice under this section must also state—

(a) the period during which, by virtue of subsection (3) above, proceedings will not be taken for the offence;

(b) the amount of the fixed penalty; and

(6) 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.

(7) 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.

(8) The form of a notice under this section is to be such as the appropriate person may by order prescribe.

(9) In any proceedings a certificate which—

(a) purports to be signed on behalf of the chief finance officer of the waste collection authority, and

(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(10) In this section—

“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 purposes of giving notices under this section;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;any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices;

“chief finance officer”, in relation to a waste collection authority, means the person having responsibility for the financial affairs of the authority.

Amount of fixed penalty under section 47ZA

47ZB

(1) This section applies in relation to a fixed penalty payable to a waste collection authority in pursuance of a notice under section 47ZA above.

(2) The amount of the fixed penalty—

(a) is the amount specified by the waste collection authority in relation to the authority's area, or

(b) if no amount is so specified —

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) ... is £100.

(3) 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.

(4) 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.

(5) Regulations under subsection (4) may (in particular)—

(a) require an amount specified under subsection (2)(a) above to fall within a range prescribed in the regulations;

(b) restrict the extent to which, and the circumstances in which, a waste collection authority can make provision under subsection (3) above.

(6) The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (2)(b) above.

Recycling and composting: duty to report to Parliament

47A

(1) Not later than 31st October 2004, the Secretary of State shall lay before each House of Parliament a report of the performance—

(a) of each English waste authority in meeting its recycling and composting standards (if any); and

(b) of each English waste collection authority towards meeting the requirement imposed by section 45A(2) above.

(2) In this section—

“English waste authority” means a waste collection authority or a waste disposal authority whose area is in England;

“English waste collection authority” means a waste collection authority whose area is in England; and

“recycling and composting standards” means, in relation to an English waste authority, such performance standards and performance indicators (if any) as may be specified for that authority in an order made under section 4 of the Local Government Act 1999 in connection with the recycling and composting of household waste.

Duties of waste collection authorities as respects disposal of waste collected.

48

(1) 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.

(1A) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) A waste collection authority may . . . provide plant and equipment for the sorting and baling of waste retained by the authority under subsection (2) above.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) 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—

(a) 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;

(b) no charge shall be made under this subsection in respect of household waste; and

(c) 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.

(9) This section shall not apply to Scotland.

Waste recycling plans by collection authorities.

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50

Functions of waste disposal authorities.

51

(1) It shall be the duty of each waste disposal authority to arrange—

(a) for the disposal of the controlled waste collected in its area by the waste collection authorities; and

(b) 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;

. . . .

(2) The arrangements made by a waste disposal authority under subsection (1)(b) above shall be such as to secure that—

(a) each place is situated either within the area of the authority or so as to be reasonably accessible to persons resident in its area;

(b) 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);

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