PART 3LITTER

Shopping and luggage trolleys

I124Abandoned shopping and luggage trolleys

1

Schedule 1 to the Litter (Northern Ireland) Order 1994 (NI 10) (abandoned shopping and luggage trolleys) is amended as follows.

2

In paragraph 3(2), for the words “seized or removed” substitute “ seized and removed ”.

3

After paragraph 3 insert—

3A

1

This paragraph applies where the district council is entitled to sell or otherwise dispose of a shopping or luggage trolley in accordance with paragraph 3(1)(b).

2

If it appears to the council that a particular person is the owner of the trolley, the council may charge him a sum in respect of the removal, storage and disposal of the trolley.

3

The charge is payable to the council on demand.

4

The sum payable as a charge under this paragraph is recoverable by the council as a debt due to it.

5

In proceedings against a person under sub-paragraph (4) for enforcement of a charge, it is a defence for the person to prove that he was not the owner of the trolley to which the charge relates at the time it was removed.

4

In paragraph 4—

a

in sub-paragraph (1)—

i

for the words from “in fixing” to “sufficient” substitute “ in fixing the charges to be paid under this Schedule, shall secure that the charges so payable are such as are sufficient ”, and

ii

for the words “such trolleys” substitute “ shopping or luggage trolleys ”, and

b

in sub-paragraph (2), after the words “paragraph 3” insert “ or 3A ”.

5

In paragraph 5, after the words “In this Schedule—” insert—

“authorised officer”, in relation to a district council, means an officer of a district council authorised in writing by the council for the purposes of exercising functions under this Schedule;