Environmental Protection Act 1990

[F194Street litter: supplementary provisionsS

(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.]