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

(t) the programmes or schemes of the INTA.AIVN-International Urban Development Association so far as they relate to the protection, improvement or better understanding of the environment;

(u) the scheme known as the Darwin Initiative for the Survival of Species that provides support for the conservation and sustainable use of biological resources and habitats and for the furtherance of the aims of the Convention on Biological Diversity.

(v) the programme known as the Promotion of Positive Environmental Management in Industry Programme.

(w) any national or international architectural award scheme or competition scheme relating to the protection, improvement or better understanding of the environment;

(x) the National Forest Company.

(y) the Energy Saving Trust Limited.

(z) the Convention on Biological Diversity;

(aa) the United Nations Framework Convention on Climate Change.

(bb) the programme known as Radon Measurement and Support for Remedial Works Campaigns in England;

(cc) the programme known as the Mersey Basin Campaign, in so far as it relates to the protection, improvement or better understanding of the environment, administered by the Mersey Basin Business Foundation;

(dd) Going For Green Limited, in so far as the activities of that company relate to the protection, improvement or better understanding of the environment.

(ee) the programme known as the Sustainable Action Fund.

(ff) The Tidy Britain Group.

(gg) The Wales Wildlife and Countryside Link.

(hh) Environmental Campaigns Limited.

(ii) the Convention for the Protection of the Marine Environment of the North East Atlantic.

(jj) the programme known as Pollution Emergency Response Services;

(kk) the programme known as the Waste and Resources Action Programme;

(ll) the Protocol on Energy Efficiency and Related Environmental Aspects to the Energy Charter Treaty;

(mm) Zero Waste Scotland;

(nn) any scheme or programme for the storage, treatment or disposal of any material or product for the purpose of preventing or reducing environmental damage;

(oo) the programme known as the Waste Minimisation and Recycling Programme;

(pp) the Carbon Trust;

(qq) the fund known as the Aggregates Levy Sustainability Fund;

(rr) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(rr) any scheme or programme for the purpose of preventing or reducing waste, or of promoting resource efficiency, including (without prejudice to those generalities) the Zero Waste programme;

(ss) the Carbon Trust;

(tt) any scheme for the regulation of emissions from motor vehicles.

(uu) the scheme known as the Bio-energy Infrastructure Scheme for Scotland.

(uu) the International Sustainable Development Fund;

(vv) the scheme known as the Bio-energy Infrastructure Scheme.

(ww) the scheme known as the World Summit on Sustainable Development Implementation Fund;

(xx) the programme known as the Envirowise Programme, in relation to its activities in England.

(yy) the Zero Carbon Hub Limited.

(zz) the scheme known as the Community and Renewable Energy Scheme.

(z1) the programme known as the Low Carbon Infrastructure Transition Programme.

(z2) any programme of measures to achieve, in relation to a body of water, environmental objectives of the kind that may be set in relation to that body of water under Part 1 of the Water Environment and Water Services (Scotland) Act 2003 or (as the case may be) schedule 1 of the Water Environment(WaterFrameworkDirective) (Solway Tweed River Basin District) Regulations 2004.

(z3) the programme known as the Scottish Industrial Energy Transformation Fund.

(z4) a regional land use partnership as defined in section 35(7) of the Climate Change (Scotland) Act 2009, so far as its activities relate to the protection, improvement or better understanding of the environment;

(z5) any scheme, programme or organisation for the purposes of assessing—

(i) greenhouse gas emissions from land (including from the use of land),

(ii) the potential for reducing those emissions;

(z6) any scheme, programme or organisation for the purposes of assessing—

(i) biodiversity supported by land,

(ii) the potential for improving that diversity;

(z7) any scheme, programme or organisation for the purposes of assessing—

(i) soil quality,

(ii) the potential for improving the capacity of soil to support life (whether directly or indirectly);

(z8) any scheme, programme or organisation for the purposes of eliminating or reducing greenhouse gas emissions from the heating of buildings;

(z9) any scheme, programme or organisation for the purposes of improving the energy efficiency of buildings;

(z10) any scheme, programme or organisation for the purposes of the protection, improvement or better understanding of air quality.

(aaa) the Low Carbon Vehicle Partnership Limited, in relation to its activities as respects England and Wales;

(a) the United Nations Environment Programme;

(b) the European Environmental Bureau;

(d) the joint inter-Governmental panel on Climate Change of the United Nations Environment Programme and the World Meteorological Organisation;

(e) the International Union for the Conservation of Nature and Natural Resources;

(f) the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

(g) the Convention on Wetlands of International Importance Especially as Waterfowl Habitat;

(h) the Convention on Long-range Transboundary Air Pollution and any protocol to that Convention;

(i) the Convention and Protocol for the Protection of the Ozone Layer;

(j) the Convention on the Conservation of Migratory Species of Wild Animals;

(k) the Groundwork Foundation and Trusts;

(l) the environmental protection technology scheme for research and development in the United Kingdom in relation to such technology;

(m) the programme known as the special grants programme so far as it relates to the protection, improvement or better understanding of the environment of, or of any part of, England and Wales;

(n) the Royal Society for the Encouragement of Arts, Manufactures and Commerce so far as its activities relate to the protection, improvement or better understanding of the environment;

(o) the programme known as the Environment Wales programme so far as it relates to the protection, improvement or better understanding of the environment of, or of any part of, Wales;

(p) the programmes or schemes of the United Nations Habitat and Human Settlements Foundation;

(q) the programmes or schemes of the International Federation for Housing and Planning so far as they relate to the protection, improvement or better understanding of the environment;

(r) the programmes or schemes of the INTA.AIVN-International Urban Development Association so far as they relate to the protection, improvement or better understanding of the environment;

(s) the scheme known as the Darwin Initiative for the Survival of Species that provides support for the conservation and sustainable use of biological resources and habitats and for the furtherance of the aims of the Convention on Biological Diversity;

(t) the programme known as the Promotion of Positive Environmental Management in Industry Programme;

(u) any national or international architectural award scheme or competition scheme relating to the protection, improvement or better understanding of the environment;

(v) the National Forest Company;

(w) the Energy Saving Trust Limited;

(x) the Convention on Biological Diversity;

(y) the United Nations Framework Convention on Climate Change;

(z) the programme known as Radon Measurement and Support for Remedial Works Campaigns in England;

(aa) the Wales Wildlife and Countryside Link;

(bb) the Convention for the Protection of the Marine Environment of the North East Atlantic;

(cc) the programme known as Pollution Emergency Response Services;

(dd) the programme known as the Waste and Resources Action Programme;

(ee) the Protocol on Energy Efficiency and Related Environmental Aspects to the Energy Charter Treaty;

(ff) the programme known as the Waste Minimisation and Recycling Programme;

(gg) the Carbon Trust;

(hh) the International Sustainable Development Fund;

(ii) the scheme known as the Bio-energy Infrastructure Scheme;

(jj) the Zero Carbon Hub Limited;

(kk) the Low Carbon Vehicle Partnership Limited, in relation to its activities as respects England and Wales;

(ll) Keep Britain Tidy;

(mm) the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972;

(nn) the International Convention for the Regulation of Whaling, 1946.

(oo) any scheme, programme or organisation for the purpose of preventing or reducing waste or litter in England, or of promoting resource efficiency in England;

(pp) any scheme, programme or organisation for the storage, transport, treatment or disposal of any material or product in England for the purpose of preventing or reducing environmental damage.

(2) Financial assistance may be given in respect of particular activities or generally in respect of all or some part of the activities carried on or supported by the recipient.

(3) Financial assistance shall be given in such form and on such terms as the Secretary of State may think fit and, in particular, assistance may be given by making grants (whether or not repayable), loans or guarantees to, or by incurring expenditure, or providing services, staff or equipment for the benefit of, the recipient.

(4) The Secretary of State may, by order, vary subsection (1) above by adding to or deleting from it any description of organisation, scheme, programme or international agreement whose purposes relate to the protection, improvement or better understanding of the environment.

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

The Groundwork Foundation: superannuation.

154

Employment with the Groundwork Foundation shall be and shall be deemed always to have been included among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) the words “Groundwork Foundation” shall be inserted after the words “Gaming Board for Great Britain”.

Remuneration of chairman of Inland Waterways Amenity Advisory Council.

155

In section 110 of the Transport Act 1968 (Inland Waterways Amenity Advisory Council) at the end there shall be inserted—

(7) The Secretary of State may, with the consent of the Treasury, pay the chairman of the Council out of money provided by Parliament such remuneration as the Secretary of State may determine; and where the chairman is in receipt of such remuneration he shall not be paid any allowance under subsection (6) of this section in respect of loss of remunerative time.

Part IX — General

Power to give effect to assimilated obligations and international obligations etc.

156

(1) The Secretary of State may by regulations provide that the provisions to which this section applies shall have effect with such modifications as may be prescribed for the purpose of enabling Her Majesty’s Government in the United Kingdom—

(a) to give effect to any assimilated obligation or exercise any related right; or

(b) to give effect to any obligation or exercise any related right under any international agreement to which the United Kingdom is for the time being a party.

(2) This section applies to the following provisions of this Act—

(a) Part I;

(b) Part II;

(d) in Part VIII, sections 140, 141 or 142

; and the provisions of the the Radioactive Substances Act 1993 Environmental Authorisations (Scotland) Regulations 2018.

(3) In this section—

“modifications” includes additions, alterations and omissions;

“prescribed” means prescribed in regulations under this section; and

“related right”, in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation.

(4) This section, in its application to Northern Ireland, has effect subject to the following modifications, that is to say—

(a) in its application in relation to Part VI and sections 140, 141, and 142, the reference to Her Majesty’s Government in the United Kingdom includes a reference to Her Majesty’s Government in Northern Ireland; and

(b) in its application in relation to the Radioactive Substances Act 1960, the reference to the Secretary of State shall be construed as a reference to the Department of the Environment for Northern Ireland and the reference to Her Majesty’s Government in the United Kingdom shall be construed as a reference to Her Majesty’s Government in Northern Ireland;

and regulations under it made by that Department shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

Offences by bodies corporate.

157

(1) Where an offence under any provision of this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Offences under Parts I, II, IV, VI, etc. due to fault of others.

158

Where the commission by any person of an offence under Part I, II, IV, or VI, or section 140, 141 or 142 above is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this section whether or not proceedings for the offence are taken against the first-mentioned person.

Application to Crown.

159

(1) Subject to the provisions of this section, the provisions of this Act and of regulations and orders made under it shall bind the Crown.

(2) No contravention by the Crown of any provision of this Act or of any regulations or order made under it shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of any public or local authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Notwithstanding anything in subsection (2) above, the provisions of this Act and of regulations and orders made under it shall apply to persons in the public service of the Crown as they apply to other persons.

(4) If the Secretary of State certifies that it appears to him, as respects any Crown premises and any powers of entry exercisable in relation to them specified in the certificate that it is requisite or expedient that, in the interests of national security, the powers should not be exercisable in relation to the premises, those powers shall not be exercisable in relation to those premises; and in this subsection “Crown premises” means premises held or used by or on behalf of the Crown.

(5) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

(6) References in this section to regulations or orders are references to regulations or orders made by statutory instrument.

(7) For the purposes of this section in its application to Part II and Part IV the authority charged with enforcing the provisions of those Parts in its area is—

(a) in the case of Part II, any waste regulation authority, and

(b) in the case of Part IV, any principal litter authority.

Service of notices.

160

(1) Any notice required or authorised by or under this Act to be served on or given to an inspector may be served or given by delivering it to him or by leaving it at, or sending it by post to, his office.

(2) Any such notice required or authorised to be served on or given to a person other than an inspector may be served or given by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

(3) Any such notice may—

(a) in the case of a body corporate, be served on or given to the secretary or clerk of that body;

(b) in the case of a partnership, be served on or given to a partner or a person having the control or management of the partnership business.

(4) For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person on or to whom any such notice is to be served or given shall be his last known address, except that—

(a) in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body;

(b) in the case of a partnership or person having the control or the management of the partnership business, it shall be the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom.

(5) If the person to be served with or given any such notice has specified an address in the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept notices of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address.

(6) The preceding provisions of this section shall apply to the sending or giving of a document as they apply to the giving of a notice.

Regulations and orders

160A

(1) Regulations and orders under this Act are subject to the negative procedure, other than—

(a) regulations or orders subject to the affirmative procedure by virtue of subsection (2);

(b) regulations made by a Northern Ireland department under section 156 (power to give effect to assimilated obligations and international obligations);

(d) an order under paragraph 4 of Schedule 3 (statutory nuisance).

(2) Regulations or orders made under a section listed in the first column of the following Table that are of the description specified in the second column are subject to the affirmative procedure—

Section	Description of regulations or orders
34CA (electronic waste tracking)	regulations that—are the first set of regulations to be made by the relevant national authority (within the meaning given by section 34CA(12)) under section 34CA,provide for conduct to be a criminal offence which is not a criminal offence under existing regulations made by that authority under that section,increase the maximum penalty for a criminal offence under existing regulations made by that authority under that section,provide for conduct to be subject to a civil sanction (within the meaning given by section 34CB(4)) which is not subject to a civil sanction under existing regulations made by that authority under that section, oramend, repeal or revoke a provision contained in primary legislation (within the meaning given by section 34CB(8)) ....
34D (prohibition on disposal of food waste to sewer: Wales)	any regulations under that section.
45AZC (separation of waste)	any regulations under that section.
45AA(10) (separate collection of waste: Wales)	any regulations under that section.
46ZC(1) (civil penalty charges under section 46ZA: procedure and amount)	any regulations under that subsection.
62ZA (regulation of hazardous waste in England and Wales)	regulations that— provide for conduct to be a criminal offence which is not a criminal offence under existing regulations made by the relevant national authority (within the meaning given by section 62ZA(11)) under section 62ZA,increase the maximum penalty for a criminal offence under existing regulations made by that authority under that section, orprovide for conduct to be subject to a civil sanction (within the meaning given by section 62ZA(4)) which is not subject to a civil sanction under existing regulations made by that authority under that section.
78M(4) (offences of not complying with a remediation notice)	any order under that section.
79(1ZA) (statutory nuisance)	any regulations under that section.
80ZA(11) (fixed penalty notices)	any regulations under that section.
88A (litter from vehicles: England)	regulations that include provision falling within section 88A(3)(a) or (6).
88C(5) (littering from a vehicle: Scottish civil penalty regime)	any regulations under that subsection.
section 141 (imports, exports and transit of waste)	regulations that— confer powers of entry, seizure or detention in circumstances where there is no such power under existing regulations under section 141,provide for the charging of fees or charges that are not chargeable under existing regulations under that section,provide for conduct to be a criminal offence which is not a criminal offence under existing regulations under that section,increase the maximum penalty for a criminal offence under existing regulations under that section,provide for conduct to be subject to a civil sanction (within the meaning given by section 141(5B)) which is not subject to a civil sanction under existing regulations under that section, oramend, repeal or revoke a provision contained in primary legislation (within the meaning given by section 141(6)) ....

(3) Regulations and orders made under this Act by the Secretary of State or the Welsh Ministers are to be made by statutory instrument, other than an order under paragraph 4 of Schedule 3.

(4) Where regulations or orders under this Act made or to be made by the Secretary of State—

(a) are subject to the negative procedure, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament;

(b) are subject to the affirmative procedure, they may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(5) Where regulations or orders under this Act made or to be made by the Welsh Ministers—

(a) are subject to the negative procedure, the statutory instrument containing them is subject to annulment in pursuance of a resolution of Senedd Cymru;

(b) are subject to the affirmative procedure, they may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru.

(6) See sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) for the meaning of “the negative procedure” and “the affirmative procedure” in relation to regulations or orders under this Act made or to be made by the Scottish Ministers.

(7) Any provision that may be made by regulations or order under this Act subject to the negative procedure may be made subject to the affirmative procedure.

Directions

161

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2ZB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2ZC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Any power conferred by this Act to give a direction shall include power to vary or revoke the direction.

(6) Any direction given under this Act shall be in writing.

Consequential and minor amendments and repeals.

162

(1) The enactments specified in Schedule 15 to this Act shall have effect subject to the amendments specified in that Schedule.

(2) The enactments specified in Schedule 16 to this Act are hereby repealed subject to section 77 above, Schedule 11 to this Act and any provision made by way of a note in Schedule 16.

(3) The repeal of section 124 of the Civic Government (Scotland) Act 1982 shall not affect a compulsory purchase order made for the purposes of that section under the Local Government (Scotland) Act 1973 before the coming into force of the repeal and such compulsory purchase order may be proceeded with and shall have effect as if the said section 124 had not been repealed.

(4) The Secretary of State may by order repeal or amend any provision of any local Act passed before this Act (including an Act confirming a provisional order) or of any order or other instrument made under an Act so passed if it appears to him that the provision is inconsistent with, or has become unnecessary or requires alteration in consequence of, any provision of this Act or corresponds to any provision repealed by this Act.

(5) Any regulations made under section 100 of the Control of Pollution Act 1974 shall have effect after the repeal of that section by subsection (2) above as if made under section 140 of this Act.

Financial provisions.

163

(1) There shall be paid out of money provided by Parliament—

(a) any administrative or other expenses incurred by any Minister of the Crown in consequence of the provisions of this Act; and

(b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

(2) Any fees or other sums received by any Minister of the Crown by virtue of any provisions of this Act shall be paid into the Consolidated Fund.

Application of Part VI: England and Wales

163A

Short title, commencement and extent.

164

(1) This Act may be cited as the Environmental Protection Act 1990.

(2) The following provisions of the Act shall come into force at the end of the period of two months beginning with the day on which it is passed, namely—

sections 79 to 85;

section 97;

section 99;

section 105 in so far as it relates to paragraphs 7, 13, 14 and 15 of Schedule 5;

section 140;

section 141;

section 142;

section 145;

section 146;

section 148;

section 153;

section 154;

section 155;

section 157;

section 160;

section 161;

section 162(1) in so far as it relates to paragraphs 4, 5, 7, 8, 9, 18, 22, 24 and 31(4)(b) of Schedule 15; but, in the case of paragraph 22, in so far only as that paragraph inserts a paragraph (m) into section 7(4) of the Act of 1984;

section 162(2) in so far as it relates to Part III of Schedule 16 and, in Part IX of that Schedule, the repeal of section 100 of the Control of Pollution Act 1974;

section 162(5);

section 163.

(3) The remainder of this Act (except this section) shall come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different provisions or different purposes.

(4) Only the following provisions of this Act (together with this section) extend to Northern Ireland, namely—

section 3(5) to (8);

section 62(2)(e) in so far as it relates to importation;

Part V;

. . ., section 127(2) in so far as it relates to the continental shelf;

section 140 in so far as it relates to importation;

section 141;

section 142 in so far as it relates to importation;

section 146;

section 147;

section 148;

section 153 except subsection (1)(k) and (m);

section 156 in so far as it relates to Part VI and sections 140, 141 and 142 in so far as they extend to Northern Ireland and in so far as it relates to the Radioactive Substances Act 1960;

section 158 in so far as it relates to Part VI and sections 140, 141 and 142 in so far as they extend to Northern Ireland.

(4A) Sections 45A, 45B and 47A do not extend to Scotland.

(5) Where any enactment amended or repealed by this Act extends to any part of the United Kingdom, the amendment or repeal extends to that part, subject, however, to any express provision in Schedule 15 or 16.

SCHEDULE 1

Part I — Grant of Authorisations

Applications for authorisations

1

(1) An application to the enforcing authority for an authorisation must contain such information, and be made in such manner, as may be prescribed in regulations made by the Secretary of State.

(2) An application to the enforcing authority for an authorisation must also, unless regulations made by the Secretary of State exempt applications of that class, be advertised in such manner as may be prescribed in regulations so made.

(3) The enforcing authority may, by notice in writing to the applicant, require him to furnish such further information specified in the notice, within the period so specified, as the authority may require for the purpose of determining the application.

(4) If a person fails to furnish any information required under sub-paragraph (3) above within the period specified thereunder the enforcing authority may refuse to proceed with the application.

(5) Regulations under this paragraph may make different provision for different classes of applications.

Determination of applications

2

(1) Subject to sub-paragraph (2) below, the enforcing authority shall give notice of any application for an authorisation, enclosing a copy of the application, to the persons who are prescribed or directed to be consulted under this paragraph and shall do so within the specified period for notification.

(2) The Secretary of State may, by regulations, exempt any class of application from the requirements of this paragraph or exclude any class of information contained in applications for authorisations from those requirements, in all cases or as respects specified classes only of persons to be consulted.

(3) Any representations made by the persons so consulted within the period allowed shall be considered by the enforcing authority in determining the application.

(4) For the purposes of sub-paragraph (1) above—

(a) persons are prescribed to be consulted on any description of application for an authorisation if they are persons specified for the purposes of applications of that description in regulations made by the Secretary of State;

(b) persons are directed to be consulted on any particular application if the Secretary of State specifies them in a direction given to the enforcing authority;

and the “specified period for notification” is the period specified in the regulations or in the direction.

(5) Any representations made by any other persons within the period allowed shall also be considered by the enforcing authority in determining the application.

(6) Subject to sub-paragraph (7) below, the period allowed for making representations is—

(a) in the case of persons prescribed or directed to be consulted, the period of twenty-eight days beginning with the date on which notice of the application was given under sub-paragraph (1) above, and

(b) in the case of other persons, the period of twenty-eight days beginning with the date on which the making of the application was advertised in pursuance of paragraph 1(2) above.

(7) The Secretary of State may, by order, substitute for the period for the time being specified in sub-paragraph (6)(a) or (b) above, such other period as he considers appropriate.

3

(1) The Secretary of State may give directions to the enforcing authority requiring that any particular application or any class of applications for an authorisation shall be transmitted to him for determination pending a further direction under sub-paragraph (5) below.

(2) The enforcing authority shall inform the applicant of the fact that his application is being transmitted to the Secretary of State.

(3) Where an application for an authorisation is referred to him under sub-paragraph (1) above the Secretary of State may—

(a) cause a local inquiry to be held in relation to the application; or

(b) afford the applicant and the authority concerned an opportunity of appearing before and being heard by a person appointed by the Secretary of State;

and he shall exercise one of the powers under this sub-paragraph in any case where, in the manner prescribed by regulations made by the Secretary of State, a request is made to be heard with respect to the application by the applicant or the enforcing authority concerned.

(4) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (supplementary provisions about local inquiries under that section) or, in relation to Scotland, subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (which make similar provision) shall, without prejudice to the generality of subsection (1) of either of those sections, apply to inquiries in pursuance of sub-paragraph (3) above as they apply to inquiries in pursuance of either of those sections and, in relation to England and Wales, as if the reference to a local authority in subsection (4) of the said section 250 included a reference to the enforcing authority.

(5) The Secretary of State shall, on determining any application transferred to him under this paragraph, give to the enforcing authority such a direction as he thinks fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the authorisation.

4

The Secretary of State may give the enforcing authority a direction with respect to any particular application or any class of applications for an authorisation requiring the authority not to determine or not to proceed with the application or applications of that class until the expiry of any such period as may be specified in the direction, or until directed by the Secretary of State that they may do so, as the case may be.

5

(1) Except in a case where an application has been referred to the Secretary of State under paragraph 3 above and subject to sub-paragraph (3) below, the enforcing authority shall determine an application for an authorisation within the period of four months beginning with the day on which it received the application or within such longer period as may be agreed with the applicant.

(2) If the enforcing authority fails to determine an application for an authorisation within the period allowed by or under this paragraph the application shall, if the applicant notifies the authority in writing that he treats the failure as such, be deemed to have been refused at the end of that period.

(3) The Secretary of State may, by order, substitute for the period for the time being specified in sub-paragraph (1) above such other period as he considers appropriate and different periods may be substituted for different classes of application.

Part II — Variation of Authorisations

Variations by the enforcing authority

6

(1) Except as provided by sub-paragraph (1A) below, The requirements of this paragraph apply where an enforcing authority has decided to vary an authorisation under section 10 and is of the opinion that any action to be taken by the holder of the authorisation in consequence of the variation will involve a substantial change in the manner in which the process is being carried on.

(1A) The requirements of this paragraph shall not apply in relation to any variations of an authorisation which an enforcing authority has decided to make in consequence of representations made in accordance with this paragraph and which are specified by way of variation of a variation notice by a further notice under section 10(3A) of this Act.

(2) Subject to sub-paragraph (3) below, the enforcing authority shall give notice of the action to be taken by the holder of the authorisation to the persons who are prescribed or directed to be consulted under this paragraph and shall do so within the specified period for notification; and the holder shall advertise the action in the manner prescribed in regulations made by the Secretary of State.

(3) The Secretary of State may, by regulations, exempt any class of variation from all or any of the requirements of this paragraph or exclude any class of information relating to action to be taken by holders of authorisations from all or any of those requirements, in all cases or as respects specified classes only of persons to be consulted.

(4) Any representations made by the persons so consulted within the period allowed shall be considered by the enforcing authority in taking its decision.

(5) For the purposes of sub-paragraph (2) above—

(a) persons are prescribed to be consulted on any description of variation if they are persons specified for the purposes of variations of that description in regulations made by the Secretary of State;

(b) persons are directed to be consulted on any particular variation if the Secretary of State specifies them in a direction given to the enforcing authority;

and the “specified period for notification” is the period specified in the regulations or in the direction.

(6) Any representations made by any other persons within the period allowed shall also be considered by the enforcing authority in taking its decision.

(7) Subject to sub-paragraph (8) below, the period allowed for making representations is—

(a) in the case of persons prescribed or directed to be consulted, the period of twenty-eight days beginning with the date on which notice was given under sub-paragraph (2) above, and

(b) in the case of other persons, the period of twenty-eight days beginning with the date of the advertisement under sub-paragraph (2) above.

(8) The Secretary of State may, by order, substitute for the period for the time being specified in sub-paragraph (7)(a) or (b) above, such other period as he considers appropriate.

Applications for variation

7

(1) The requirements of this paragraph apply where an application is made to an enforcing authority under section 11(4) for the variation of an authorisation.

(2) Subject to sub-paragraph (3) below, the enforcing authority shall give notice of any such application for a variation of an authorisation, enclosing a copy of the application, to the persons who are prescribed or directed to be consulted under this paragraph and shall do so within the specified period for notification; and the holder of the authorisation shall advertise the application in the manner prescribed in regulations made by the Secretary of State.

(3) The Secretary of State may, by regulations, exempt any class of application from all or any of the requirements of this paragraph or exclude any class of information furnished with applications for variations of authorisations from all or any of those requirements, in all cases or as respects specified classes only of persons to be consulted.

(4) Any representations made by the persons so consulted within the period allowed shall be considered by the enforcing authority in determining the application.

(5) For the purposes of sub-paragraph (2) above—

(a) persons are prescribed to be consulted on any description of application for a variation if they are persons specified for the purposes of applications of that description in regulations made by the Secretary of State;

(b) persons are directed to be consulted on any particular application if the Secretary of State specifies them in a direction given to the enforcing authority;

and the “specified period for notification” is the period specified in the regulations or in the direction.

(6) Any representation made by any other persons within the period allowed shall also be considered by the enforcing authority in determining the application.

(7) Subject to sub-paragraph (8) below, the period allowed for making representations is—

(a) in the case of persons prescribed or directed to be consulted, the period of twenty-eight days beginning with the date on which notice of the application was given under sub-paragraph (2) above; and

(b) in the case of other persons, the period of twenty-eight days beginning with the date on which the making of the application was advertised in pursuance of sub-paragraph (2) above.

(8) The Secretary of State may, by order, substitute for the period for the time being specified in sub-paragraph (7)(a) or (b) above, such other period as he considers appropriate.

Call in of applications for variation

8

(1) The Secretary of State may give directions to the enforcing authority requiring that any particular application or any class of applications for the variation of an authorisation shall be transmitted to him for determination pending a further direction under sub-paragraph (5) below.

(2) The enforcing authority shall inform the applicant of the fact that his application is being transmitted to the Secretary of State.

(3) Where an application for the variation of an authorisation is referred to him under sub-paragraph (1) above the Secretary of State may—

(a) cause a local inquiry to be held in relation to the application; or

(b) afford the applicant and the authority concerned an opportunity of appearing before and being heard by a person appointed by the Secretary of State;

(4) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (supplementary provisions about local inquiries under that section) or, in relation to Scotland, subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (which make similar provision) shall, without prejudice to the generality of subsection (1) of either of those sections, apply to local inquiries or other hearings in pursuance of sub-paragraph (3) above as they apply to inquiries in pursuance of either of those sections and, in relation to England and Wales, as if the reference to a local authority in subsection (4) of the said section 250 included a reference to the enforcing authority.

(5) The Secretary of State shall, on determining any application transferred to him under this paragraph, give to the enforcing authority such a direction as he thinks fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the authorisation by means of the variation notice.

9

The Secretary of State may give the enforcing authority a direction with respect to any particular application or any class of applications for the variation of an authorisation requiring the authority not to determine or not to proceed with the application or applications of that class until the expiry of any such period as may be specified in the direction, or until directed by the Secretary of State that they may do so, as the case may be.

10

(1) Except in a case where an application for the variation of an authorisation has been referred to the Secretary of State under paragraph 8 above and subject to sub-paragraph (3) below, the enforcing authority shall determine an application for the variation of an authorisation within the period of four months beginning with the day on which it received the application or within such longer period as may be agreed with the applicant.

SCHEDULE 2

Part I — Transition to Companies

Preliminary

1

Notice of direction

2

Applications for exemption from and representations about directions

3

Directions

4

Formation and status of companies

5

Transfer schemes

6

Transfer schemes: supplementary provisions

7

8

Tax and company provisions

9

Benefit of certain planning permission

10

Right to production of documents of title

11

Proof of title by certificate

12

Construction of agreements

13

14

Third parties affected by vesting provisions

15

Transfer of staff

16

Information for purposes of transfer scheme

17

Part II — Provisions Regulating Waste Disposal Authorities and Companies

Terms of waste disposal contracts

18

19

Procedure for putting waste disposal contracts out to tender

20

21

Variation of waste disposal contracts

22

Avoidance of restrictions on transfer of securities of companies

23

Schedule 2A

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

SCHEDULE 2AA

Introductory

1

(1) The purpose of a waste reduction scheme is to provide a financial incentive—

(a) to produce less domestic waste, and

(b) to recycle more of what is produced,

and accordingly to reduce the amount of residual domestic waste.

(2) A waste reduction scheme—

(a) may cover the whole or any part of the area of a waste collection authority, and

(b) may apply to all domestic premises, to domestic premises other than those of a specified description or to specified descriptions of domestic premises.

Conditions for making waste reduction scheme

2

(1) A waste collection authority may make a waste reduction scheme only if—

(a) a good recycling service is available to the occupiers of premises to which the scheme applies,

(b) the scheme takes account of the needs of groups who might be unduly disadvantaged by it, and

(c) the authority has a strategy for preventing, minimising or otherwise dealing with the unauthorised deposit or disposal of waste.

(2) In sub-paragraph (1)(a) above—

(a) a “recycling service” means arrangements for the collection of recyclable domestic waste from premises separately from other waste; and

(b) a “good” recycling service means a recycling service that meets the standards specified for the purposes of this definition in guidance issued by the Secretary of State.

(3) The Secretary of State may by order amend sub-paragraphs (1) and (2) above.

Incentive under waste reduction scheme

3

(1) A waste reduction scheme must provide for a financial incentive that the authority considers will be effective to achieve the purpose of the scheme.

(2) The scheme may provide for the incentive to be provided—

(a) by means of rebates from council tax or by other payments, or

(b) by means of charges under paragraph 4,

or by any combination of those means.

Charges in respect of residual domestic waste

4

(1) A waste reduction scheme may include provision for charging by reference to—

(a) the amount of residual domestic waste collected from premises,

(b) the size of receptacles used for the purposes of the collection of residual domestic waste from premises,

(d) the frequency with which residual domestic waste is collected from premises,

or by reference to any combination of those factors.

(2) The scheme may, in particular, make provision for occupiers of premises—

(a) to be required (by notice under section 46) to place residual domestic waste for collection in receptacles of a specified kind,

(b) to be required (by such notice) to place such waste in receptacles that are identified by such means as may be specified, or

and for a charge to be made by the authority in respect of the receptacles, the means of identifying them or both.

(3) A charge under this paragraph in respect of a receptacle is in addition to any charge under section 46 in respect of the cost of providing the receptacle.

(4) The amount of any charge under this paragraph need not be related to the authority's costs.

(5) The scheme may make provision as to the person or persons by whom any charge is payable.

(6) The scheme may—

(a) require any charge to be paid in advance on the basis of an estimate of the amount that is likely to be payable in respect of any premises; or

(b) require payments in respect of any charge to be made on account or by instalments.

Charging: supplementary provisions

5

(1) The Secretary of State may by order set a limit on the amount of the charge under paragraph 4 that may be imposed in respect of any premises in any financial year.

(2) A failure to pay a charge under paragraph 4 does not affect the authority's duty under section 45(1)(a) (general duty to arrange for collection of household waste).

(3) Section 45(3) (general prohibition on charging for collection of household waste) has effect subject to paragraph 4.

Requirement of revenue neutrality

6

(1) From year to year, and taking one year with another, the aggregate amount of charges under a waste reduction scheme must not exceed the aggregate amount of the rebates or other payments under the scheme.

(2) The Secretary of State may by order amend sub-paragraph (1) above.

(3) Any such order may make any amendments of paragraph 4(4) that appear to the Secretary of State to be necessary or expedient in consequence of, or in connection with, the amendment of sub-paragraph (1) above.

Procedure for putting scheme in place

7

(1) The authority must comply with the following requirements after making a waste reduction scheme and before it is brought into operation.

(2) The authority must publish the scheme in such manner as it considers appropriate.

(3) The authority must send to the occupier of any premises to which the scheme applies a notice setting out—

(a) the requirements applicable under the scheme in relation to the collection of domestic waste from premises to which the scheme applies;

(b) any rebates or other payments available under the scheme and the manner in which they are to be made; and

Appeals

8

A waste reduction scheme must contain provision enabling a person to appeal against any decision affecting, directly or indirectly, that person's entitlement to a rebate or other payment, or liability to pay a charge, under the scheme.

Separate account to be kept

9

(1) A waste collection authority that operates a waste reduction scheme must keep a separate account of—

(a) any rebates or other payments under the scheme, and

(b) any charges received by it under the scheme.

(2) Any person interested may at any reasonable time and without payment inspect the account and make copies of it or any part of it.

(3) A person having custody of the account who intentionally obstructs a person in the exercise of the rights conferred by sub-paragraph (2) above commits an offence.

(4) A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Contributions by waste disposal authority

10

(1) Where a waste collection authority that operates a waste reduction scheme is not also the waste disposal authority, the waste disposal authority may pay to the collection authority contributions of such amounts as the disposal authority may determine towards expenditure of the collection authority attributable to the scheme.

(2) The collection authority must supply to the disposal authority such information as the disposal authority may reasonably require for the purpose of determining amounts under this paragraph.

Power to make provision as to administration etc

11

(1) The Secretary of State may by regulations make provision as to—

(a) the manner in which the amount of any rebate or other payment is to be determined, and any rebate or payment is to be given, and

(b) the manner in which—

(i) the amount of any charge is to be determined, and

(ii) any charge is to be collected or enforced.

(2) The regulations may in particular provide—

(a) for appeals against determinations or any failure to make a determination,

(b) for the appointment of persons or bodies to hear appeals, and

(3) The regulations may include provision—

(a) for integrating the administration of the scheme with the administration of council tax, and

(b) for that purpose modifying, to such extent as appears to the Secretary of State to be necessary or expedient, any of the enactments relating to council tax.

In paragraph (b) “modifying” includes making additions, amendments or omissions.

(4) The regulations may in particular provide—

(a) for including material relating to the scheme in the notice containing the council tax demand,

(b) for applying to questions arising under the scheme the procedure for appeals about liability to council tax, and

Use of information obtained for council tax purposes

12

An authority may use for the purpose of administering a waste reduction scheme information it has obtained for the purpose of carrying out its functions under the enactments relating to council tax.

Amendment or revocation of waste reduction scheme

13

(1) An authority that has made a waste reduction scheme may amend or revoke the scheme.

(2) After amending a scheme and before bringing the amendment into operation, the authority must—

(a) publish the amended scheme in such manner as it thinks appropriate, and

(b) if the amendment affects any of the matters previously notified to occupiers, send to the occupier of any premises to which the scheme applies a notice setting out the effect of the amendment.

(3) The amendment or revocation of a scheme does not affect any entitlement or liability under the scheme in respect of a period before the amendment or revocation takes effect.

(4) The revocation of a scheme does not affect the duty of the authority to comply with paragraph 6(1).

Guidance

14

(1) The Secretary of State may issue guidance to waste collection authorities and waste disposal authorities as respects the exercise of their functions under this Schedule.

(2) Any such guidance issued—

(a) must be published in such manner as the Secretary of State considers appropriate, and

(b) may be amended or replaced by further guidance, or revoked.

(3) In exercising their functions under this Schedule waste collection authorities and waste disposal authorities must have regard to any guidance in force under this paragraph.

Interpretation

15

(1) In this Schedule—

“domestic premises” means—a building or self-contained part of a building which is used wholly for the purposes of living accommodation,a caravan (as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960 (c. 62)) that usually and for the time being is situated on a caravan site (within the meaning of that Act), ora moored vessel used wholly for the purposes of living accommodation;

“domestic waste” means household waste from domestic premises;

“enactment” includes an enactment contained in subordinate legislation;

“recyclable waste” means waste that is capable of being recycled;

“residual domestic waste” means domestic waste that is not—waste meeting the conditions for collection by the authority as recyclable waste, orwaste for which a charge may be made by virtue of regulations under section 45(3) (power to charge for collection of household waste in prescribed cases);

“specified” means specified in the waste reduction scheme.

(2) The Secretary of State may by order amend the definition of “domestic premises” in sub-paragraph (1).

(3) References in this Schedule to recycling include re-using and composting.

Orders and regulations

16

(1) An order under paragraph 2(3), 6(2) or 15(2) is subject to affirmative resolution procedure.

(2) Section 161(3) (negative resolution procedure: orders) applies in relation to an order under paragraph 5(1), subject as follows.

(3) An order under that paragraph is subject to affirmative resolution procedure if—

(a) it is the first order to be made under that paragraph, or

(b) it increases the limit for the time being set by an order under that paragraph by more than is necessary to reflect changes in the value of money since that limit was set.

(4) Section 161(2) (negative resolution procedure: regulations) applies in relation to regulations under paragraph 11, subject as follows.

(5) Regulations under that paragraph are subject to affirmative resolution procedure if they modify an enactment contained in an Act of Parliament.

(6) Where an order or regulations are subject to “affirmative resolution procedure” the Secretary of State must not make the order or regulations unless a draft of the statutory instrument containing them has been laid before and approved by resolution of each House of Parliament.

SCHEDULE 2B

1

Production or consumption residues not otherwise specified below.

2

Off-specification products.

3

Products whose date for appropriate use has expired.

4

Materials spilled, lost or having undergone other mishap, including any materials, equipment, etc, contaminated as a result of the mishap.

5

Materials contaminated or soiled as a result of planned actions (e.g. residues from cleaning operations, packing materials, containers, etc.).

6

Unusable parts (e.g. reject batteries, exhausted catalysts, etc.).

7

Substances which no longer perform satisfactorily (e.g. contaminated solvents, exhausted tempering salts, etc.).

8

Residues of industrial processes (e.g. slags, still bottoms, etc.).

9

Residues from pollution abatement processes (e.g. scrubber sludges, baghouse dusts, spent filters, etc.).

10

Machining or finishing residues (e.g. lathe turnings, mill scales, etc.).

11

Residues from raw materials extraction and processing (e.g. mining residues, oil field slops, etc.).

12

Adulterated materials (e.g. oils contaminated with PCBs, etc.).

13

Any materials, substances or products whose use has been banned by law.

14

Products for which the holder has no further use (e.g. agricultural, household, office, commercial and shop discards, etc.).

15

Contaminated materials, substances or products resulting from remedial action with respect to land.

16

Any materials, substances or products which are not contained in the above categories.

SCHEDULE 3

Appeals to magistrates’ court

1

(1) This paragraph applies in relation to appeals under section 80(3) against an abatement notice to a magistrates’ court.

(2) An appeal to which this paragraph applies shall be by way of complaint for an order and the Magistrates’ Courts Act 1980 shall apply to the proceedings.

(3) An appeal against any decision of a magistrates’ court in pursuance of an appeal to which this paragraph applies shall lie to the Crown Court at the instance of any party to the proceedings in which the decision was given.

(4) The Secretary of State may make regulations as to appeals to which this paragraph applies and the regulations may in particular—

(a) include provisions comparable to those in section 290 of the Public Health Act 1936 (appeals against notices requiring the execution of works);

(b) prescribe the cases in which an abatement notice is , or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;

(c) prescribe the cases in which the decision on appeal may in some respects be less favourable to the appellant than the decision from which he is appealing;

(d) prescribe the cases in which the appellant may claim that an abatement notice should have been served on some other person and prescribe the procedure to be followed in those cases.

Appeals to Sheriff

1A

(1) This paragraph applies in relation to appeals to the sheriff under section 80(3) against an abatement notice.

(2) An appeal to which this paragraph applies shall be by way of a summary application.

(3) The Secretary of State may make regulations as to appeals to which this paragraph applies and the regulations may in particular include or prescribe any of the matters referred to in sub-paragraphs (4)(a) to (d) of paragraph 1 above.

Powers of entry etc

2

(1) Subject to sub-paragraph (2) below, any person authorised by a local authority may, on production (if so required) of his authority, enter any premises at any reasonable time—

(a) for the purpose of ascertaining whether or not a statutory nuisance exists; or

(b) for the purpose of taking any action, or executing any work, authorised or required by Part III.

(2) Admission by virtue of sub-paragraph (1) above to any premises used wholly or mainly for residential purposes shall not except in an emergency be demanded as of right unless twenty-four hours notice of the intended entry has been given to the occupier.

(3) If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a) that admission to any premises has been refused, or that refusal is apprehended, or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one of emergency, or that an application for admission would defeat the object of the entry; and

(b) that there is reasonable ground for entry into the premises for the purpose for which entry is required,

the justice may by warrant under his hand authorise the local authority by any authorised person to enter the premises, if need be by force.

(4) An authorised person entering any premises by virtue of sub-paragraph (1) or a warrant under sub-paragraph (3) above may—

(a) take with him such other persons and such equipment as may be necessary;

(b) carry out such inspections, measurements and tests as he considers necessary for the discharge of any of the local authority’s functions under Part III; and

(5) On leaving any unoccupied premises which he has entered by virtue of sub-paragraph (1) above or a warrant under sub-paragraph (3) above the authorised person shall leave them as effectually secured against trespassers as he found them.

(6) A warrant issued in pursuance of sub-paragraph (3) above shall continue in force until the purpose for which the entry is required has been satisfied.

(7) Any reference in this paragraph to an emergency is a reference to a case where the person requiring entry has reasonable cause to believe that circumstances exist which are likely to endanger life or health and that immediate entry is necessary to verify the existence of those circumstances or to ascertain their cause and to effect a remedy.

(8) In the application of this paragraph to Scotland, a reference to a justice of the peace or to a justice includes a reference to the sheriff.

2A

(1) Any person authorised by a local authority may on production (if so required) of his authority—

(a) enter or open a vehicle, machinery or equipment, if necessary by force, or

(b) remove a vehicle, machinery or equipment from a street or, in Scotland, road to a secure place,

for the purpose of taking any action, or executing any work, authorised by or required under Part III in relation to a statutory nuisance within section 79(1)(ga) above caused by noise emitted from or caused by the vehicle, machinery or equipment.

(2) On leaving any unattended vehicle, machinery or equipment that he has entered or opened under sub-paragraph (1) above, the authorised person shall (subject to sub-paragraph (3) below) leave it secured against interference or theft in such manner and as effectually as he found it.

(3) If the authorised person is unable to comply with sub-paragraph (2) above, he shall for the purpose of securing the unattended vehicle, machinery or equipment either—

(a) immobilise it by such means as he considers expedient, or

(b) remove it from the street to a secure place.

(4) In carrying out any function under sub-paragraph (1), (2) or (3) above, the authorised person shall not cause more damage than is necessary.

(5) Before a vehicle, machinery or equipment is entered, opened or removed under sub-paragraph (1) above, the local authority shall notify the police of the intention to take action under that sub-paragraph.

(6) After a vehicle, machinery or equipment has been removed under sub-paragraph (1) or (3) above, the local authority shall notify the police of its removal and current location.

(7) Notification under sub-paragraph (5) or (6) above may be given to the police at any police station in the local authority’s area or, in the case of the Temples, at any police station of the City of London Police.

(8) For the purposes of section 81(4) above, any expenses reasonably incurred by a local authority under sub-paragraph (2) or (3) above shall be treated as incurred by the authority under section 81(3) above in abating or preventing the recurrence of the statutory nuisance in question.

Offences relating to entry

3

(1) A person who wilfully obstructs any person acting in the exercise of any powers conferred by paragraph 2 or 2A above shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(2) If a person discloses any information relating to any trade secret obtained in the exercise of any powers conferred by paragraph 2 above he shall, unless the disclosure was made in the performance of his duty or with the consent of the person having the right to disclose the information, be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Default powers

4

(1) This paragraph applies to the following function of a local authority, that is to say its duty under section 79 to cause its area to be inspected to detect any statutory nuisance which ought to be dealt with under section 80 or sections 80 and 80A and its powers under paragraph 2 or 2A above.

(2) If the Secretary of State is satisfied that any local authority has failed, in any respect, to discharge the function to which this paragraph applies which it ought to have discharged, he may make an order declaring the authority to be in default.

(3) An order made under sub-paragraph (2) above which declares an authority to be in default may, for the purpose of remedying the default, direct the authority (“the defaulting authority”) to perform the function specified in the order and may specify the manner in which and the time or times within which the function is to be performed by the authority.

(4) If the defaulting authority fails to comply with any direction contained in such an order the Secretary of State may, instead of enforcing the order by mandamus, make an order transferring to himself the function of the authority specified in the order.

(5) Where the function of a defaulting authority is transferred under sub-paragraph (4) above, the amount of any expenses which the Secretary of State certifies were incurred by him in performing the function shall on demand be paid to him by the defaulting authority.

(6) Any expenses required to be paid by a defaulting authority under sub-paragraph (5) above shall be defrayed by the authority in like manner, and shall be debited to the like account, as if the function had not been transferred and the expenses had been incurred by the authority in performing them.

(7) The Secretary of State may by order vary or revoke any order previously made by him under this paragraph.

(8) Any order under this paragraph may include such incidental, supplemental and transitional provisions as the Secretary of State considers appropriate.

(9) This paragraph does not apply to Scotland.

Protection from personal liability

5

Nothing done by, or by a member of, a local authority or by any officer of or other person authorised by a local authority shall, if done in good faith for the purpose of executing Part III, subject them or any of them personally to any action, liability, claim or demand whatsoever ....

Statement of right of appeal in notices

6

Where an appeal against a notice served by a local authority lies to a magistrates’ court or, in Scotland, the sheriff by virtue of section 80, it shall be the duty of the authority to include in such a notice a statement indicating that such an appeal lies as aforesaid and specifying the time within which it must be brought.

SCHEDULE 3A

Offence of unauthorised distribution

1

(1) A person commits an offence if he distributes any free printed matter without the consent of a principal litter authority on any land which is designated by the authority under this Schedule, where the person knows that the land is so designated.

(2) A person commits an offence if he causes another person to distribute any free printed matter without the consent of a principal litter authority on any land designated by the authority under this Schedule.

(3) A person is not guilty of an offence under sub-paragraph (2) if he took reasonable steps to ensure that the distribution did not occur on any land designated under this Schedule.

(4) Nothing in this paragraph applies to the distribution of printed matter—

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