Environmental Protection Act 1990

• “proper officer” means the officer who has, as respects the authority, the responsibility mentioned in section 95 of the Local Government (Scotland) Act 1973 (financial administration).

• (11) The appropriate person may by regulations provide that—

• (a) an authorised officer of a litter authority must meet such conditions as may be prescribed in the regulations;

• (b) if an authorised officer of a litter authority fails to meet any such condition, the authority must revoke the officer’s authorisation.

• (12) Regulations under subsection (11) may make different provision for different cases.

• (13) Before making regulations under subsection (11), the appropriate person must consult such persons as the appropriate person thinks appropriate.

Littering from vehicles: civil penalty regime

88A

• (1) 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.

• (2) 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).

• (3) Regulations under this section must make provision—

• (a) setting the amount of fixed penalties or specifying how the amount is to be determined;

• (b) about the period within which fixed penalties must be paid;

• (c) 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);

• (d) 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”);

• (e) about the persons authorised to give penalty notices;

• (f) about the procedure to be followed in giving penalty notices;

• (g) about the form and content of penalty notices;

• (h) conferring rights to make representations about, and to bring appeals against, penalty notices.

• (4) 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—

• (a) 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

• (b) the person is an authorised officer of a litter authority,

and regulations under this section may include provision about the meaning of “authorised officer”.

• (5) Regulations under this section may include provision—

• (a) 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);

• (b) 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);

• (c) about the application of the regulations to keepers of vehicles in the public service of the Crown.

• (6) Regulations under this section may, in consequence of any provision contained in the regulations, amend—

• (a) this Part, or

• (b) Part 2 of the London Local Authorities Act 2007.

• (7) Regulations under this section may—

• (a) make provision corresponding or similar to any provision made by or under section 88;

• (b) make provision subject to exceptions;

• (c) include saving, transitional, transitory, supplementary or consequential provision.

• (8) Provision of the kind mentioned in subsection (7)(a) may include provision—

• (a) 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));

• (b) creating an offence of the kind mentioned in section 88(8B) and (8C),

but may not include provision conferring power on a person to make orders or regulations.

• (9) In this section—

• “keeper”, in relation to a vehicle, means the person by whom the vehicle is kept at the time when the littering offence in question occurs, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper;

• “litter authority” has the meaning given in subsection (4)(a);

• “registered keeper”, in relation to a registered vehicle, means the person in whose name the vehicle is registered;

• “registered vehicle” means a vehicle which is for the time being registered under the Vehicle Excise and Registration Act 1994;

• “vehicle” means a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle.

Guidance on littering enforcement in England and Wales

88B

• (1) 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.

• (2) A litter authority must have regard to that guidance when exercising any of its littering enforcement functions.

• (3) The appropriate person may revise any guidance issued under this section at any time.

• (4) Before issuing guidance, or revised guidance, under this section the appropriate person must consult such persons as the appropriate person thinks appropriate.

• (5) The Secretary of State must lay before Parliament and publish guidance, and any revised guidance, issued by the Secretary of State under this section.

• (6) The Welsh Ministers must lay before Senedd Cymru and publish guidance, and any revised guidance, issued by the Welsh Ministers under this section.

• (7) In this section—

• “authorised officer”, in relation to a litter authority, means a person who is an authorised officer in relation to that authority for the purposes of—section 88 (fixed penalty notices for littering, see subsection (10) of that section),section 88A (fixed penalty notices for littering from vehicles in England, see subsection (4) of that section), orSchedule 3A (distribution of free printed matter, see paragraph 8 of that Schedule);

• “littering enforcement function” means—any function of a litter authority, or of an authorised officer of that authority, conferred by or under sections 87 to 88A or Schedule 3A, orany function exercised for purposes connected with any of those sections or that Schedule.

Littering from a vehicle: Scottish civil penalty regime

88C

• (1) 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—

• (a) an offence of leaving litter under section 87 (“an act of littering”) has been committed from the vehicle, and

• (b) the vehicle was on land within the litter authority’s area at the time that the act of littering was committed.

• (2) For the purposes of this section, the keeper of a vehicle—

• (a) means the person by whom the vehicle is kept at the time when an act of littering occurs, and

• (b) in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper.

• (3) 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”).

• (4) No civil penalty charge notice may be given—

• (a) after the end of the period of 3 months beginning with the day on which the act of littering in question occurred, or

• (b) if action has been taken under section 87 or section 88 against a person in respect of the same act of littering, regardless of—

• (i) whether or not the person is the vehicle’s keeper,

• (ii) whether or not the action is ongoing,

• (iii) the outcome of the action.

• (5) The Scottish Ministers may by regulations make provision—

• (a) for the amount that may be imposed as a civil penalty charge,

• (b) for discounts and surcharges,

• (c) as to the purposes for which sums received by an authority by way of civil penalty charge may be used,

• (d) about the form and content of a civil penalty charge notice,

• (e) about the procedure to be followed in giving a civil penalty charge notice,

• (f) conferring rights to make representations about and to bring an appeal against a civil penalty charge notice,

• (g) about the circumstances in which a civil penalty charge notice may or must be cancelled,

• (h) about the procedure to be followed in cancelling a civil penalty charge notice,

• (i) about the refund of sums paid by way of civil penalty charge,

• (j) about exemptions from liability,

• (k) whether and how an authority must keep and publish accounts in respect of sums received by way of civil penalty charge.

• (6) In this section—

• an “authorised officer” means an employee of a litter authority who is authorised in writing by the authority for the purposes of imposing civil penalty charges under this section,

• “litter authority” means—a local authority,Loch Lomond and the Trossachs National Park Authority, orsuch other person as may be specified in regulations by the Scottish Ministers,

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,

• “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,

• “registered vehicle” means a vehicle which is registered under that Act,

• “vehicle” means a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle.

Littering from a vehicle: consequences of civil penalty charge notice under section 88C

88D

• (1) 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.

• (2) 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.

Duty to keep land and highways clear of litter etc.

89

• (1) It shall be the duty of—

• (a) each local authority, as respects any relevant highway or, in Scotland, relevant road for which it is responsible,

• (b) 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,

• (ba) a strategic highways company as respects—

• (i) any trunk road which is a special road for which it is the highway authority, and

• (ii) any relevant highway for which it is responsible,

• (c) each principal litter authority, as respects its relevant land,

• (d) the appropriate Crown authority, as respects its relevant Crown land,

• (e) each designated statutory undertaker, as respects its relevant land, and

• (f) 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

• (g) the occupier of any relevant land within a litter control area of a local authority,

to ensure that the land is, so far as is practicable, kept clear of litter and refuse.

• (2) Subject to subsection (6) below, it shall also be the duty of—

• (a) each local authority, as respects any relevant highway or relevant road for which it is responsible,

• (b) 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,

• (c) a strategic highways company as respects—

• (i) any trunk road which is a special road for which it is the highway authority, and

• (ii) any relevant highway for which it is responsible,

to ensure that the highway or road is, so far as is practicable, kept clean.

• (3) 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.

• (4) 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.

• (5) 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.

• (6) 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—

• (a) the placing and maintenance of any traffic signs or barriers;

• (b) the days or periods during which clearing or cleaning shall not be undertaken or undertaken to any extent specified in the direction;

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).

• (6A) 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.

• (6B) A person to whom a direction is given under subsection (6A) shall comply with the direction.

• (6C) A direction under subsection (6A) may—

• (a) be given generally or to a specific person;

• (b) make different provision for different persons and different cases or circumstances;

• (c) 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.

• (6D) The Scottish Ministers shall—

• (a) cause—

• (i) any direction under subsection (6A) above; and

• (ii) any variation or revocation of such a direction,

to be published; and

• (b) cause copies of each such direction, variation or revocation to be made available to the public.

• (7) 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.

• (8) Different codes of practice may be prepared and issued under subsection (7) above for different areas.

• (9) 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.

• (10) 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.

• (11) 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.

• (12) 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.

• (13) 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.

• (13A) 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.

• (13B) 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.

• (13C) 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.

• (14) In this section “traffic sign” has the meaning given in section 64(1) of the Road Traffic Regulation Act 1984.

Litter control areas.

90

Summary proceedings by persons aggrieved by litter.

91

• (1) 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—

• (a) any relevant highway;

• (b) any trunk road which is a special road;

• (c) any relevant land of a principal litter authority;

• (d) any relevant Crown land;

• (e) any relevant land of a designated statutory undertaker; or

• (f) any relevant land of a designated educational institution; or

• (g) any relevant land within a litter control area of a local authority.

• (2) 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.

• (3) A principal litter authority shall not be treated as a person aggrieved for the purposes of proceedings under this section.

• (4) 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.

• (5) 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.

• (6) 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.

• (7) 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.

• (8) 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.

• (9) 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.

• (10) 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.

• (11) A

• (a) direction under section 89(6A); or

• (b) 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.

• (12) Where a magistrates’ court is satisfied on the hearing of a complaint under this section—

• (a) 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

• (b) that there were reasonable grounds for bringing the complaint,

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.

• (13) In the application of this section to Scotland—

• (a) for any reference to a magistrates’ court there shall be substituted a reference to the sheriff;

• (b) for any reference to a complaint there shall be substituted a reference to a summary application, and “complainant” shall be construed accordingly;

• (c) for any reference to the defendant there shall be substituted a reference to the person against whom the proceedings are taken;

• (d) for any reference to a highway and a relevant highway there shall be substituted a reference to a road and a relevant road; and

• (e) for any reference to a highway authority there shall be substituted a reference to a roads authority,

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.

Summary proceedings by litter authorities

92

• (1) Where a principal litter authority in Scotland other than a joint board is satisfied as respects—

• (a) any relevant Crown land,

• (b) any relevant land of a designated statutory undertaker,

• (c) any relevant land of a designated educational institution, or

• (d) any relevant land within a litter control area of a local authority,

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).

• (2) The requirement and prohibition referred to in subsection (1) are as follows, namely—

• (a) a requirement that the litter or refuse be cleared within a time specified in the notice;

• (b) a prohibition on permitting the land to become defaced by litter or refuse.

• (3) The litter abatement notice shall be served—

• (a) as respects relevant Crown land, on the appropriate Crown authority;

• (b) as respects relevant land of a designated statutory undertaker, on the undertaker;

• (c) 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;

• (d) in any other case, on the occupier of the land or, if it is unoccupied, on the owner of the land.

• (4) 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.

• (5) 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.

• (6) 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.

• (7) 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).

• (8) 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.

• (9) 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)—

• (a) enter on the land and clear the litter or refuse, and

• (b) 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.

• (10) Subsection (9) does not apply in relation to relevant Crown land or relevant land of statutory undertakers.

Litter clearing notices

92A

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

Appeals against litter clearing notices

92B

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

Failure to comply with litter clearing notice

92C

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

Street litter control notices.

93

• (1) 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.

• (2) 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—

• (a) 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,

• (b) 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

• (c) 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,

the authority may serve a street litter control notice on the occupier or, if the premises are unoccupied, on the owner of the premises.

• (3) A notice shall, subject to section 94(2), (3) and (4)—

• (a) identify the premises and state the grounds under subsection (2) on which it is issued;

• (b) specify an area of open land which adjoins or is in the vicinity of the frontage of the premises on the street;

• (c) specify, in relation to that area or any part of it, such reasonable requirements as the authority considers appropriate in the circumstances;

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.

• (4) In this section and section 94—

• “notice” means a street litter control notice;

• “open land” means land in the open air;

• “the premises”, in relation to a notice, means the premises in respect of which the notice is issued;

• “specified area” means the area specified in a notice under subsection (3)(b); and

• “street” means a relevant highway, a relevant road or any other highway or road over which there is a right of way on foot.

Street litter: supplementary provisions

94

• (1) The Scottish Ministers may by order prescribe—

• (a) the descriptions of commercial or retail premises in respect of which a street litter control notice may be issued;

• (b) the descriptions of land which may be included in a specified area; and

• (c) the maximum area of land which may be included in a specified area;

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.

• (2) 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.

• (3) The land comprised in a specified area—

• (a) shall include only land of one or more of the descriptions prescribed under subsection (1)(b);

• (b) shall not include any land which is not—

• (i) part of the premises,

• (ii) part of a street,

• (iii) relevant land of a principal litter authority, or

• (iv) land under the direct control of any other local authority; and

• (c) shall not exceed any applicable maximum area prescribed under subsection (1)(c);

but a specified area shall not include any part of the premises which is or is part of a litter control area.

• (4) 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—

• (a) the provision or emptying of receptacles for litter or refuse;

• (b) 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

• (c) 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;

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.

• (5) 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.

• (6) An authority proposing to serve a notice shall—

• (a) inform the person on whom the notice is to be served;

• (b) 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

• (c) take any representations so made into account in making their decision.

• (7) 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.

• (8) 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.

• (9) 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.

Fixed penalty notices relating to sections 92C and 94

94A

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

Free distribution of printed matter

94B

Schedule 3A (distribution of printed matter on designated land) has effect.

Public registers.

95

• (1) 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—

• (a) all orders made by the authority under section 90(3) above; and

• (b) all street litter control notices issued under section 93(1) above. and

• (c) all orders made by the authority under paragraph 2(1) of Schedule 3A.

• (2) 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.

• (3) 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.

• (4) It shall be the duty of each authority maintaining a register under this section—

• (a) to secure that the register is 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 the documents kept in the register, on payment of reasonable charges.

• (5) A register under this section need not be kept in documentary form.

Application of Part II.

96

• (1) This section applies to litter and refuse collected—

• (a) by any authority or person in pursuance of section 89(1) above;

• (b) by a principal litter authority in pursuance of section 92(9) or 92C(3) above; or

• (c) by any person in pursuance of section 93 above.

• (2) 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—

• (a) 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;

• (b) 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.

• (3) 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.

Transitional provision relating to section 89.

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• (1) 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—

• (a) modifying that section, or

• (b) modifying Part I of the Local Government Act 1988 (competition rules for functional work or works contracts).

• (2) Regulations under this section may make different provision for different descriptions of authorities, different areas or other different circumstances or cases.

• (3) In this section—

• “educational bodies” means the governing bodies and education authorities mentioned in section 89(1)(f) above; and

• “local authorities” means the local authorities mentioned in section 89(1)(a) and (c) and (2)(a) above.

Fixed penalty notices: supplementary

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• (1) The appropriate person may by regulations make provision in connection with the powers conferred under—

• (a) section 88(6A)(a) and (7) above;

• (b) section 94A(4)(a) and (5) above;

• (c) paragraph 7(4)(a) and (5) of Schedule 3A.

• (2) Regulations under subsection (1) may (in particular)—

• (a) 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;

• (b) 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.

• (3) 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.

• (4) Regulations or an order under this section may make different provision for different purposes.

Exclusion of liability

97B

• (1) 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.

• (2) Those persons are—

• (a) the principal litter authority and any employee of the authority; and

• (b) 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.

• (3) Subsection (1) above does not apply—

• (a) if the act or omission is shown to be in bad faith;

• (b) to liability arising out of a failure to exercise due care and attention;

• (c) 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.

• (4) This section does not affect any other exemption from liability (whether at common law or otherwise).

Definitions.

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• (1) The following definitions apply for the interpretation of this Part.

• (1A) “Appropriate person” means—

• (a) in relation to England, the Secretary of State;

• (b) in relation to Wales, the Welsh Ministers.

• (2) “Educational institution”, in relation to England and Wales, means—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the Open University;

• (c) any institution which provides higher education or further education (or both) which is full-time education being an institution which—

• (i) is maintained by grants made by the Secretary of State under section 485 of the Education Act 1996;

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) is maintained by a local authority as defined in section 579(1) of the Education Act 1996;

• (d) any institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992

• (e) any city technology college , city college for the technology of the arts or Academy;

• (f) any community, foundation or voluntary school;

• (g) any community or foundation special school.

• (3) “Educational institution”, in relation to Scotland, means—

• (a) any university within the meaning of the Education Reform Act 1988 funded by the Universities Funding Council under section 131 of that Act;

• (b) the Open University;

• (c) 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;

• (cc) 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;

• (d) a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;

• (da) any institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992

• (e) a technology academy within the meaning of section 68(1) of the 1989 Act;

• (f) a public school as defined in section 135(1) of the Education (Scotland) Act 1980 (“the 1980 Act”);

• (g) a grant-aided school as defined in section 135(1) of the 1980 Act;

• (h) a self-governing school within the meaning of section 1(3) of the 1989 Act.

• (4) “Joint board”, in relation to Scotland, has the meaning given by section 235(1) of the Local Government (Scotland) Act 1973.

• (5) “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.

• (5A) “Litter” includes—

• (a) the discarded ends of cigarettes, cigars and like products, and

• (b) discarded chewing-gum and the discarded remains of other products designed for chewing.

• (5B) Strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.

• (6) “Statutory undertaker” means—

• (a) any person authorised by any enactment to carry on any railway, light railway, tramway or road transport undertaking;

• (b) any person authorised by any enactment to carry on any canal, inland navigation, dock, harbour or pier undertaking; or

• (c) any relevant airport operator (within the meaning of Part V of the Airports Act 1986).

• (6A) In subsection (6) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Abandoned trolleys

Powers in relation to abandoned shopping and luggage trolleys.

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• (1) 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.

• (2) 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.

• (3) 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.

• (4) 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.

• (5) In this section “local authority” means—

• (a) the council of a district;

• (b) the council of a London borough;

• (c) the Common Council of the City of London;

• (d) the council of the Isles of Scilly;

• (dd) in Wales, the council of a county or county borough;and

• (e) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

• (6) 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.

Part V — Amendment of the Radioactive Substances Act 1960

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Part VI — Genetically Modified Organisms

Preliminary

Purpose of Part VI and meaning of “genetically modified organisms” and related expressions.

106

• (1) 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.

• (2) 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.

• (3) For the purpose of subsection (2) above “biological matter” means anything (other than an entity mentioned in that subsection) which consists of or includes—

• (a) tissue or cells (including gametes or propagules) or subcellular entities, of any kind, capable of replication or of transferring genetic material, or

• (b) genes or other genetic material, in any form, which are so capable,

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.

• (3A) For the purposes of subsection (2) above—

• (a) “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

• (b) “human admixed embryo” has the same meaning as it has in that Act by virtue of section 4A(6) and (11) of that Act.

• (4) For the purposes of this Part an organism is “genetically modified” if any of the genes or other genetic material in the organism—

• (a) have been artificially modified, or

• (b) are inherited or otherwise derived, through any number of replications, from genes or other genetic material (from any source) which were so modified.

• (4A) 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.

• (4B) For the purposes of subsection (4) above—

• (a) 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;

• (b) 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.

• (4C) 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.

• (4D) 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.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) 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.

Exclusion of precision bred organisms from English application of Part

106A

• (1) In this Part as it applies in relation to England, references to genetically modified organisms (except in this section and section 127)—

• (a) do not include references to precision bred organisms;

• (b) so far as they relate to marketing, also do not include references to gametes of precision bred organisms.

• (2) For the purposes of subsection (1), this Part applies in relation to England so far as it applies in relation to—

• (a) importing genetically modified organisms where their destination is in England;

• (b) acquiring genetically modified organisms which are in England;

• (c) keeping or releasing genetically modified organisms in England;

• (d) 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.

• (3) In this section “precision bred organism” and “gamete” have the same meanings as in the Genetic Technology (Precision Breeding) Act 2023.

Meaning of “damage to the environment”, “control” and related expressions in Part VI.

107

• (1) The following provisions have effect for the interpretation of this Part.

• (2) The “environment” includes land, air and water and living organisms supported by any of those media.

• (3) “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.

• (4) 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.

• (5) Genetically modified organisms present in the environment are capable of causing harm if—

• (a) they are individually capable, or are present in numbers such that together they are capable, of causing harm; or

• (b) 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;

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.

• (6) “Harm” means adverse effects as regards the health of humans or the environment.

• (7) “Harmful” and “harmless” mean respectively, in relation to genetically modified organisms, their being capable or their being incapable of causing harm.

• (8) The Secretary of State may by regulations provide, in relation to genetically modified organisms of any description specified in the regulations, that—

• (a) the capacity of those organisms for causing harm of any description so specified, or

• (b) harm of any description so specified,

shall be disregarded for such purposes of this Part as may be so specified.

• (9) 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.

• (10) 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.

• (11) 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.

General controls

Risk assessment and notification requirements.

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• (1) 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—

• (a) 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

• (b) 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.

• (2) 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.

• (3) 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—

• (a) 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;

• (b) give the Secretary of State notice of the fact that he is keeping the organisms and such information as may be prescribed.

• (4) 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.

• (5) 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.

• (6) 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.

• (7) 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.

• (8) The Secretary of State may at any time—

• (a) 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

• (b) 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;

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.

• (9) Regulations under this section may—

• (a) 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;

• (b) prescribe minimum periods of notice between the giving of a notice under subsection (1)(b) above and the doing of the act in question;

• (c) make provision allowing the Secretary of State to shorten or to extend any such period;

• (d) prescribe maximum intervals at which assessments under subsection (3)(a) above must be carried out;

and the regulations may make different provision for different cases and different circumstances.

• (10) In this section “prescribed” means prescribed by the Secretary of State in regulations under this section.

• (11) 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.

General duties relating to importation, acquisition, keeping, release or marketing of organisms.

109

• (1) A person who—

• (a) is proposing to import or acquire any genetically modified organisms, or

• (b) is keeping any such organisms, or

• (c) is proposing to release or market any such organisms,

shall, subject to subsection (5) below, be subject to the duties specified in subsection (2), (3) or (4) below, as the case may be.

• (2) A person who proposes to import or acquire genetically modified organisms—

• (a) 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

• (b) 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.

• (3) A person who is keeping genetically modified organisms—

• (a) 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;

• (b) 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

• (c) 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;

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.

• (4) A person who proposes to release genetically modified organisms—

• (a) 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;

• (b) 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

• (c) 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;

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.

• (5) This section does not apply—

• (a) 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;

• (b) to persons who are keeping any genetically modified organisms and who—

• (i) were not required under section 108 above to carry out a risk assessment before importing or acquiring them;

• (ii) 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

• (c) to holders of consents, in the case of acts authorised by those consents.

Prohibition notices.

110

• (1) The Secretary of State may serve a notice under this section (a “prohibition notice”) on any person he has reason to believe—

• (a) is proposing to import or acquire, release or market any genetically modified organisms; or

• (b) is keeping any such organisms;

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.

• (2) 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.

• (3) A prohibition notice shall—

• (a) 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;

• (b) specify what is, or is to be, prohibited by the notice; and

• (c) if the prohibition is not to be effective on being served, specify the date on which the prohibition is to take effect;

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.

• (4) 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.

• (5) The Secretary of State may at any time withdraw a prohibition notice served on any person by notice given to that person.

Consents

Consents required by certain persons.

111

• (1) Subject to subsection (7) below, no person shall import or acquire, release or market any genetically modified organisms—

• (a) in such cases or circumstances as may be prescribed in relation to that act, or

• (b) in any case where he has been given directions under section 108(8)(a) above,

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.

• (2) 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—

• (a) in such cases or circumstances as may be prescribed, after the end of the prescribed period, or

• (b) if he has been given directions under section 108(8)(b) above, after the date specified in the directions,

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.

• (3) 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.

• (4) 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.

• (5) The applicant shall, in prescribed circumstances, give such notice of his application to such persons as may be prescribed.

• (6) 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.

• (6ZA) A notice under subsection (6) must state the reasons for requiring the further information specified in the notice.

• (6A) 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.

• (7) 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—

• (a) any requirement under subsection (1) or (2) above to have a consent, or

• (b) any of the requirements to be fulfilled under the regulations by an applicant for a consent,

in such cases or circumstances as may be prescribed.

• (8) 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.

• (9) 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.

• (10) 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).

• (11) 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.

• (12) 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.

Consents: limitations and conditions.

112

• (1) 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; . . .

• (2) Without prejudice to the generality of subsection (1) above, the conditions included in a consent may—

• (a) require the giving of notice of any fact to the Secretary of State; or

• (b) prohibit or restrict the keeping, releasing or marketing of genetically modified organisms under the consent in specified cases or circumstances;

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.

• (3) 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—

• (a) 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

• (b) 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.

• (4) 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—

• (a) 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;

• (b) 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

• (c) 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.

• (5) 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—

• (a) 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;

• (b) notify the Secretary of State forthwith of—

• (i) any new information which becomes available with regard to any risks there are of damage to the environment being so caused, and

• (ii) 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;

• (iii) 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;

• (c) 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;

• (d) 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

• (e) 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.

• (6) 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.

• (7) 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—

• (a) 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

• (b) 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.

But this general condition shall have effect subject to any conditions imposed under subsection (1) above.

Fees and charges.

113

• (1) The Secretary of State may, with the approval of the Treasury, make and from time to time revise a scheme prescribing—

• (a) fees payable in respect of applications for consents; and