Part 9Miscellaneous

Shopping and luggage trolleys

I1I299Abandoned shopping and luggage trolleys

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 ”.