Office of Public Sector Information
PART IV continued
(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 twenty-one 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 a magistrate’s court or, in Scotland, to the sheriff by way of summary 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 a magistrate’s court or, in Scotland, to the sheriff by way of summary 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) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) It shall be the duty of each principal litter authority other than a county council, regional council or joint board to maintain, in accordance with this section, a register containing copies of—
(a) all orders made by the authority under section 90(3) above; and
(b) all street litter control notices issued under section 93(1) above.
(2) Where the requirements of a street litter control notice are varied or added to on an appeal under section 94(7) above a copy of the order making the variation or addition shall be included in the register.
(3) Copies of the orders and notices required to be kept in the register shall be so kept for so long as the order or notice is in force.
(4) It shall be the duty of each authority maintaining a register under this section—
(a) to secure that the register is available, at all reasonable times, for inspection by the public free of charge; and
(b) to afford to members of the public facilities for obtaining copies of the documents kept in the register, on payment of reasonable charges.
(5) A register under this section need not be kept in documentary form.
(1) This section applies to litter and refuse collected—
(a) by any authority or person in pursuance of section 89(1) above;
(b) by a principal litter authority in pursuance of section 92(9) above; or
(c) by any person in pursuance of section 93 above.
(2) The Secretary of State may make regulations providing that prescribed provisions of Part II shall have effect, with such modifications (if any) as may be prescribed—
(a) as if references to controlled waste or controlled waste of a prescribed description included references to litter and refuse to which this section applies or any description of such litter and refuse;
(b) as if references to controlled waste or controlled waste of a prescribed description collected under section 45 above included references to litter and refuse collected as mentioned in subsection (1) above or any description of such litter and refuse.
(3) The powers conferred by this section are exercisable in relation to litter and refuse to which it applies whether or not the circumstances are such that the litter or refuse would be treated as controlled waste apart from this section and this section is not to affect the interpretation of the expressions defined in section 75 above.
(1) The Secretary of State may, for the purposes of the transition to the duties imposed by section 89 above on local authorities and educational bodies, by regulations, make provision—
(a) modifying that section, or
(b) modifying Part I of the [1988 c. 9.] Local Government Act 1988 (competition rules for functional work or works contracts).
(2) Regulations under this section may make different provision for different descriptions of authorities, different areas or other different circumstances or cases.
(3) In this section—
“educational bodies” means the governing bodies and education authorities mentioned in section 89(1)(f) above; and
“local authorities” means the local authorities mentioned in section 89(1)(a) and (c) and (2)(a) above.
(1) The following definitions apply for the interpretation of this Part.
(2) “Educational institution”, in relation to England and Wales, means—
(a) any university (within the meaning of the [1988 c. 40.] Education Reform Act 1988) funded by the Universities Funding Council under section 131 of that Act;
(b) the Open University;
(c) any institution which provides higher education or further education (or both) which is full-time education being an institution which—
(i) is maintained by grants made by the Secretary of State under section 100(1)(b) of the [1944 c. 31.] Education Act 1944;
(ii) is designated by or under regulations under section 218 of the [1988 c. 40.] Education Reform Act 1988 as an institution dependent for its maintenance on assistance from local education authorities; or
(iii) is maintained by a local education authority;
(d) any higher education institution funded by the Polytechnics and Colleges Funding Council under section 132 of the Education Reform Act 1988;
(e) any city technology college or city college for the technology of the arts (within the meaning of section 105 of the Education Reform Act 1988);
(f) any county school, voluntary school or maintained special school;
(g) any grant-maintained school.
(3) “Educational institution”, in relation to Scotland, means—
(a) any university within the meaning of the Education Reform Act 1988 funded by the Universities Funding Council under section 131 of that Act;
(b) the Open University;
(c) a college of further education—
(i) as defined in section 80(1) of the [1989 c. 39.] Self Governing Schools (Scotland) Act 1989 (“the 1989 Act”); or
(ii) managed by a company by virtue of section 65(1) of the 1989 Act;
(d) a grant-aided college within the meaning of section 77(5) of the [1980 c. 44.] Education (Scotland) Act 1980 (“the 1980 Act”);
(e) a technology academy within the meaning of section 68(1) of the 1989 Act;
(f) a public school as defined in section 135(1) of the 1980 Act;
(g) a grant-aided school as defined in section 135(1) of the 1980 Act;
(h) a self-governing school within the meaning of section 1(3) of the 1989 Act.
(4) “Joint board”, in relation to Scotland, has the meaning given by section 235(1) of the [1973 c. 65.] Local Government (Scotland) Act 1973.
(5) “Highway” (and “highway maintainable at the public expense”), “special road” and “trunk road”, in relation to England and Wales, have the same meaning as in the [1980 c. 66.] Highways Act 1980 and “public road”, “special road” and “trunk road”, in relation to Scotland, have the same meaning as in the [1984 c. 54.] Roads (Scotland) Act 1984.
(6) “Statutory undertaker” means—
(a) any person authorised by any enactment to carry on any railway, light railway, tramway or road transport undertaking;
(b) any person authorised by any enactment to carry on any canal, inland navigation, dock, harbour or pier undertaking; or
(c) any relevant airport operator (within the meaning of Part V of the [1986 c. 31.] Airports Act 1986).
(1) A local authority may, subject to subsection (3) below, resolve that Schedule 4 to this Act is to apply in its area; and if a local authority does so resolve, that Schedule shall come into force in its area on the day specified in the resolution, which must not be before the expiration of the period of three months beginning with the day on which the resolution is passed.
(2) A local authority shall publish in at least one newspaper circulating in its area a notice that the authority has passed a resolution under this section and indicating the general effect of that Schedule.
(3) It shall be the duty of a local authority, before making any resolution for the application of Schedule 4 to this Act in its area, to consult with the persons or representatives of persons who appear to the authority to be persons who will be affected by the application of that Schedule.
(4) It shall be the duty of a local authority from time to time to consult about the operation of Schedule 4 to this Act with the persons or representatives of persons who appear to be affected by its operation.
(5) In this section “local authority” means—
(a) the council of a district;
(b) the council of a London borough;
(c) the Common Council of the City of London;
(d) the council of the Isles of Scilly; and
(e) in Scotland, an islands or district council.
(6) In Schedule 4 to this Act “the local authority” means any local authority which has resolved that that Schedule is to apply in its area.
Environmental Protection Act 1990