Clean Neighbourhoods and Environment Act 2005

99Abandoned shopping and luggage trolleysE+W

(1)Schedule 4 to the Environmental Protection Act 1990 (c. 43) is amended as follows.

(2)In paragraph 3(2) (retention, return and disposal of trolleys: notice to owner) for “seized or removed” substitute “ seized and removed ”.

(3)After paragraph 3 insert—

“3A(1)This paragraph applies where the local authority 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 authority that a particular person is the owner of the trolley, the authority may charge him a sum in respect of the removal, storage and disposal of the trolley.

(3)The charge is payable to the authority on demand.

(4)The sum payable as a charge under this paragraph is recoverable by the authority 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 (charges)—

(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 “such trolleys” substitute “ shopping or luggage trolleys ”, and

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