Office of Public Sector Information
Section 99.
1 (1) Subject to sub-paragraph (2) below, this Schedule applies where any shopping or luggage trolley is found by an authorised officer of the local authority on any land in the open air and appears to him to be abandoned.
(2) This Schedule does not apply in relation to a shopping or luggage trolley found on the following descriptions of land, that is to say—
(a) land in which the owner of the trolley has a legal estate or, in Scotland, of which the owner of the trolley is the owner or occupier;
(b) where an off-street parking place affords facilities to the customers of shops for leaving there shopping trolleys used by them, land on which those facilities are afforded;
(c) where any other place designated by the local authority for the purposes of this Schedule affords like facilities, land on which those facilities are afforded; and
(d) as respects luggage trolleys, land which is used for the purposes of their undertaking by persons authorised by an enactment to carry on any railway, light railway, tramway or road transport undertaking or by a relevant airport operator (within the meaning of Part V of the [1986 c. 31.] Airports Act 1986).
2 (1) Where this Schedule applies in relation to a shopping or luggage trolley, the local authority may, subject to sub-paragraph (2) below,—
(a) seize the trolley; and
(b) remove it to such place under its control as the authority thinks fit.
(2) When a shopping or luggage trolley is found on any land appearing to the authorised officer to be occupied by any person, the trolley shall not be removed without the consent of that person unless—
(a) the local authority has served on that person a notice stating that the authority proposes to remove the trolley; and
(b) no notice objecting to its removal is served by that person on the local authority within the period of fourteen days beginning with the day on which the local authority served the notice of the proposed removal on him.
3 (1) Subject to the following sub-paragraphs, the local authority, as respects any shopping or luggage trolley it has seized and removed,—
(a) shall keep the trolley for a period of six weeks; and
(b) may sell or otherwise dispose of the trolley at any time after the end of that period.
(2) The local authority shall, as respects any trolley it has seized or removed, as soon as reasonably practicable (but not later than fourteen days) after its removal, serve on the person (if any) who appears to the authority to be the owner of the trolley a notice stating—
(a) that the authority has removed the trolley and is keeping it;
(b) the place where it is being kept; and
(c) that, if it is not claimed, the authority may dispose of it.
(3) Subject to sub-paragraph (4) below, if, within the period mentioned in sub-paragraph (1)(a) above, any person claims to be the owner of a shopping or luggage trolley being kept by the authority under that sub-paragraph, the local authority shall, if it appears that the claimant is the owner, deliver the trolley to him.
(4) A person claiming to be the owner of a shopping or luggage trolley shall not be entitled to have the trolley delivered to him unless he pays the local authority, on demand, such charge as the authority requires.
(5) No shopping or luggage trolley shall be disposed of by the local authority unless (where it has not been claimed) the authority has made reasonable enquiries to ascertain who owns it.
4 (1) The local authority, in fixing the charge to be paid under paragraph 3 above by the claimant of a shopping or luggage trolley, shall secure that the charges so payable by claimants shall be such as are sufficient, taking one financial year with another, to cover the cost of removing, storing and disposing of such trolleys under this Schedule.
(2) The local authority may agree with persons who own shopping or luggage trolleys and make them available for use in its area a scheme for the collection by them of trolleys they make available for use; and where such an agreement is in force with any person, no charge may be demanded under paragraph 3 above by the local authority in respect of any trolley within the scheme in relation to which the provisions of the scheme are complied with.
5 In this Schedule—
“luggage trolley” means a trolley provided by a person carrying on an undertaking mentioned in paragraph 1(2)(d) above to travellers for use by them for carrying their luggage to, from or within the premises used for the purposes of his undertaking, not being a trolley which is power-assisted; and
“shopping trolley”, means a trolley provided by the owner of a shop to customers for use by them for carrying goods purchased at the shop, not being a trolley which is power-assisted.
Section 105.
1 (1) Section 8 of the 1960 Act (requirement for disposal etc. of radioactive waste to be authorised by both chief inspector and Minister of Agriculture, Fisheries and Food) shall be amended as follows.
(2) In subsection (1) for the words “those Ministers” there shall be substituted the words “the chief inspector and the Minister”.
(3) In subsection (4) for the words “Minister or Ministers granting the authorisation” there shall be substituted the words “chief inspector or, as the case may be, the chief inspector and the Minister”.
(4) In subsection (5) for the words “Minister or Ministers concerned” where they first appear, there shall be substituted the words “chief inspector or, as the case may be, the chief inspector and the Minister”.
(5) In subsections (6) and (8) for the words “Minister or Ministers concerned”, and in subsection (7) for the words “Minister or Ministers”, there shall be substituted the words “chief inspector or, as the case may be, the chief inspector and the Minister”.
2 (1) In section 9 (functions of public and local authorities) in subsection (3) and (4) for the words “of those Ministers” there shall be substituted the words “the chief inspector or the Minister”.
(2) In section 12(2), for the words “the preceding subsection” there shall be substituted the words “section 11A of this Act”.
3 In section 19 (general interpretation), after the definition of “the Authority” there shall be inserted the following definition—
““the chief inspector” means the chief inspector appointed under subsection (2) of section 11A of this Act;”.
4 (1) In section 1(2) (applications for registration of users of radioactive material) after the words “shall be” there shall be inserted the words “accompanied by the prescribed fee and”.
(2) In section 8 (authorisation for disposal and accumulation of radioactive waste), after subsection (3) there shall be inserted the following subsection—
“(3A) Any application for an authorisation shall be accompanied by the prescribed fee.”
5 In section 19 (interpretation), in the definition of “prescribed” after the word “Act” there shall be inserted the words “or, in relation to fees or charges payable in accordance with a scheme under section 15A of this Act, prescribed under that scheme”.
6 (1) In section 1 of the 1960 Act (registration for users of radioactive material)—
(a) in subsection (2) (applications for registration), at the end there shall be inserted the following words “; and on any such application being made the chief inspector shall, subject to directions under this section, send a copy of the application to each local authority in whose area the premises are situated.”;
(b) in subsection (6), for the words from “(unless” to “restricted)” there shall be substituted the words “(subject to directions under this section)”;
(c) after subsection (6) there shall be inserted the following subsection—
“(7) The Secretary of State may direct the chief inspector that in his opinion, on grounds of national security, it is necessary that knowledge of—
(a) any particular application for registration under this section or applications of any description specified in the directions, or
(b) any particular registration or registrations of any description so specified,
should be restricted; and where it appears to the chief inspector that an application or registration is the subject of any such directions, the chief inspector shall not send a copy of the application or the certificate of registration, as the case may be, to any local authority under any provision of this section.”
(2) In section 3 of the 1960 Act (registration of mobile radioactive apparatus)—
(a) after subsection (4) there shall be inserted the following subsection—
“(4A) On any application being made the chief inspector shall, subject to any directions under this section, send a copy of the application to each local authority in whose area it appears to him the apparatus will be kept or will be used for releasing radioactive material into the environment.”;
(b) in subsection (5) at the end, there shall be inserted the words “and (subject to directions under this section) shall send a copy of the certificate to each local authority in whose area it appears to him the apparatus will be kept or will be used for releasing radioactive material into the environment.”;
(c) after subsection (5) there shall be inserted the following subsection—
“(6) The Secretary of State may direct the chief inspector that, in his opinion, on grounds of national security, it is necessary that knowledge of—
(a) any particular application for registration under this section or applications of any description specified in the directions, or
(b) any particular registration or registrations of any description so specified,
should be restricted; and where it appears to the chief inspector that an application or registration is the subject of any such directions, the chief inspector shall not send a copy of the application or the certificate of registration, as the case may be, to any local authority under any provision of this section.”
(3) In section 5(2) of the 1960 Act (notice of cancellation or variation of registration), after the words “section one” there shall be inserted the words “or subsection (5) of section three”.
(4) In section 8 of the 1960 Act (supplementary provisions as to authorisations)—
(a) after subsection (4) there shall be inserted the following subsection—
“(4A) On any application being made the chief inspector shall, subject to any directions under this section, send a copy of the application to each local authority in whose area, in accordance with the authorisation applied for, radioactive waste is to be disposed of or accumulated.”;
(b) in subsection (5)(b), for the words from “(unless” to “restricted)” there shall be substituted the words “, subject to any directions under this section,”;
(c) after subsection (5) there shall be inserted the following subsection—
“(5A) The Secretary of State or, as the case may be the Secretary of State and the Minister of Agriculture, Fisheries and Food may direct the chief inspector that in his or their opinion, on grounds of national security, it is necessary that knowledge of—
(a) any particular application for authorisation under section six or section seven of this Act or applications of any description specified in the directions, or
(b) any particular authorisation under section six or section seven of this Act or authorisations of any description so specified,
should be restricted; and where it appears to the chief inspector that an application or authorisation is the subject of any such directions, the chief inspector shall not send a copy of the application or the certificate of authorisation, as the case may be, to any public or local authority under any provision of this section.”;
(d) in subsection (6), for the words “the last preceding subsection” there shall be substituted the words “subsection (5) of this section”.
7 (1) In section 3 of the 1960 Act (registration of mobile radioactive apparatus) for subsections (1) to (3) there shall be substituted the following subsections—
“(1) No person shall, for the purpose of any activities to which this section applies—
(a) keep, use, lend or let on hire mobile radioactive apparatus of any description, or
(b) cause or permit mobile radioactive apparatus of any description to be kept, used, lent or let on hire,
unless he is registered under this section in respect of that apparatus or is exempted from registration under this section in respect of mobile radioactive apparatus of that description.
(2) This section applies to activities involving the use of the apparatus concerned for—
(a) testing, measuring or otherwise investigating any of the characteristics of substances or articles; or
(b) releasing quantities of radioactive material into the environment or introducing such material into organisms.
(3) Any application for registration under this section shall be accompanied by the prescribed fee and shall be made to the chief inspector, specifying—
(a) the apparatus to which the application relates, and
(b) the manner in which it is proposed to use the apparatus,
and containing such other information as may be prescribed.”
(2) In section 18 of the 1960 Act, for subsection (5) (meaning of “mobile radioactive apparatus”) there shall be substituted the following subsection—
“(5) In this Act “mobile radioactive apparatus” means any apparatus, equipment, appliance or other thing which is radioactive material and—
(a) is constructed or adapted for being transported from place to place; or
(b) is portable and designed or intended to be used for releasing radioactive material into the environment or introducing it into organisms.”
(3) In section 6(2) of the 1960 Act (disposal of waste from use of mobile radioactive apparatus), for the words “the provision by him of services” there shall be substituted the word “activities”.
8 After section 8 of the 1960 Act there shall be inserted the following section—
(1) The chief inspector may, by notice served on him, impose on any person to whom a registration under section one or section three of this Act relates or an authorisation under section six or section seven of this Act has been granted such requirements authorised by this section in relation to site or disposal records kept by that person as the chief inspector may specify in the notice.
(2) The requirements that may be imposed on a person under this section in relation to site or disposal records are—
(a) to retain copies of the records for a specified period after he ceases to carry on the activities regulated by his registration or authorisation; or
(b) to furnish the chief inspector with copies of the records in the event of his registration being cancelled or his authorisation being revoked or in the event of his ceasing to carry on the activities regulated by his registration or authorisation.
(3) In relation to authorisations under section six of this Act in so far as the power to grant or revoke such authorisations is exercisable by the chief inspector and the Minister of Agriculture, Fisheries and Food, references in the preceding subsections to the chief inspector shall be construed as references to the chief inspector and that Minister.
(4) In this section, in relation to a registration and the person registered or an authorisation and the person authorised—
“the activities regulated” by his registration or authorisation means—
(a) in the case of registration under section one of this Act, the keeping or use of radioactive material;
(b) in the case of registration under section three of this Act, the keeping, using, lending or hiring of the mobile radioactive apparatus;
(c) in the case of an authorisation under section six of this Act, the disposal of radioactive waste; and
(d) in the case of an authorisation under section seven of this Act, the accumulation of radioactive waste;
“records” means records required to be kept by virtue of the conditions attached to the registration or authorisation relating to the activities regulated by the registration or authorisation; and “site records” means records relating to the condition of the premises on which those activities are carried on or, in the case of registration in respect of mobile radioactive apparatus, of any place where the apparatus is kept and “disposal records” means records relating to the disposal of radioactive waste on or from the premises on which the activities are carried on; and
“specified” means specified in a notice under this section.”
9 (1) In section 11 of the 1960 Act (procedure in connection with applications and authorisations), for subsections (1) and (2) there shall be substituted the following subsection—
“(1) Before the chief inspector and the Minister of Agriculture, Fisheries and Food—
(a) refuse an application for an authorisation under section six of this Act, or
(b) attach any limitations or conditions to such an authorisation, or
(c) vary such an authorisation, otherwise than by revoking a limitation or condition subject to which it has effect, or
(d) revoke such an authorisation,
the person directly concerned shall, and such local authorities or other persons whom the Secretary of State and the Minister consider appropriate may, be afforded the opportunity of appearing before, and being heard by, a person appointed for the purpose by the Secretary of State and the Minister.”
(2) In subsection (4) of that section—
(a) for the words from “a registration” where they first appear to “Act,” in the second place it appears, there shall be substituted the words “an authorisation under section six of this Act,”;
(b) for the words from “a registration” (in the second place they appear) to the end there shall be substituted the words “such an authorisation is a reference to attaching limitations or conditions thereto either in granting the authorisation or in the exercise of any power to vary it.”
10 After the section 11C of the 1960 Act inserted by section 102 of this Act there shall be inserted the following sections—
(1) Where the chief inspector—
(a) refuses an application for registration under section one or section three of this Act, or refuses an application for an authorisation under section six or section seven of this Act;
(b) attaches any limitations or conditions to such a registration or to such an authorisation, or
(c) varies such a registration or such an authorisation, otherwise than by revoking a limitation or condition subject to which it has effect, or
(d) cancels such a registration or revokes such an authorisation,
the person directly concerned may, subject to subsection (3) below, appeal to the Secretary of State.
(2) A person on whom a notice under section 11B or section 11C of this Act is served may, subject to subsections (3) and (4) below, appeal against the notice to the Secretary of State.
(3) No appeal shall lie—
(a) under subsection (1) above in relation to authorisations which are subject to subsection (1) of section eight of this Act;
(b) under subsection (1) or (2) above in respect of any decision taken by the chief inspector in pursuance of a direction of the Secretary of State under section 12A or 12B of this Act.
(4) No appeal shall lie under subsection (2) above in respect of any notice served in exercise of the power under section 11B or 11C of this Act by the Minister of Agriculture, Fisheries and Food.
(5) The Secretary of State may refer any matter involved in an appeal to a person appointed by him for the purpose.
(6) An appeal under this section shall, if and to the extent required by regulations under subsection (11) of this section, be advertised in such manner as may be prescribed.
(7) If either party to the appeal so requests, an appeal shall be in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private).
(8) On determining an appeal from a decision of the chief inspector under subsection (1) of this section the Secretary of State—
(a) may affirm the decision, or
(b) where that decision was the refusal of an application, may direct the chief inspector to grant the application,
(c) where that decision involved limitations or conditions attached to a registration or authorisation, may quash those limitations or conditions wholly or in part,
(d) where that decision was a cancellation or revocation of a registration or authorisation, may quash the decision,
and where the Secretary of State does any of the things mentioned in paragraph (b), (c) or (d) of this subsection he may give directions to the chief inspector as to the limitations and conditions to be attached to the registration or authorisation in question.
(9) On the determination of an appeal in respect of a notice under subsection (2) of this section, the Secretary of State may either cancel or affirm the notice and, if he affirms it, may do so either in its original form or with such modifications as he may think fit.
(10) The bringing of an appeal against a cancellation or revocation of a registration or authorisation shall, unless the Secretary of State otherwise directs, have the effect of suspending the operation of the cancellation or revocation pending the determination of the appeal; but otherwise the bringing of an appeal shall not, unless the Secretary of State so directs, affect the validity of the decision or notice in question during that period.
(11) The Secretary of State may by regulations make provision with respect to appeals under this section (including in particular provision as to the period within which appeals are to be brought).
(12) In this section “the person directly concerned” means—
(a) in relation to a registration under section one or section three of this Act, the person applying for the registration or to whom the registration relates;
(b) in relation to an authorisation under section six or section seven of this Act, the person applying for the authorisation or to whom it was granted;
and any reference to attaching limitations or conditions to a registration or authorisation is a reference to attaching limitations or conditions thereto either in effecting or granting the registration or authorisation or in exercising any power to vary it.
The Minister of Agriculture, Fisheries and Food shall afford to any person—
(a) on whom he has served a notice under section 11B or section 11C of this Act; and
(b) who requests a hearing within the prescribed period,
an opportunity to appear before and be heard by a person appointed by him for the purpose.”
11 (1) In section 1 of the 1960 Act (registration for users of radioactive material), after subsection (3) there shall be inserted the following subsection—
“(3A) An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.”
(2) In section 3 of that Act (registration for mobile apparatus), after the subsection (4A) inserted by paragraph 6(2) above there shall be inserted the following subsection—
“(4B) An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.”
(3) In section 8 of that Act (supplementary provisions relating to authorisations) after the subsection (3A) inserted by paragraph 4(2) above there shall be inserted the following subsection—
“(3B) An application for an authorisation under section six or section seven of this Act (other than an application to which subsection (1) of this section applies) which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or such longer period as may be agreed with the applicant.”
(4) In section 19 of that Act (interpretation)—
(a) in subsection (1), after the definition of “prescribed”, there shall be inserted the following definition—
““the prescribed period for determinations”, in relation to any applications under this Act, means, subject to subsection (1A) below, the period of four months beginning with the day on which the application was received;” and
(b) after subsection (1), there shall be inserted the following subsection—
“(1A) The Secretary of State may by order substitute for the period for the time being specified in the last preceding subsection as the prescribed period for determinations such other period as he considers appropriate.”
12 After section 12 of the 1960 Act there shall be inserted the following sections—
(1) The Secretary of State may, if he thinks fit in relation to—
(a) an application for registration under section one or section three of this Act,
(b) an application for an authorisation under section six or section seven of this Act,
(c) any such registration or authorisation,
give directions to the chief inspector requiring him to take any of the steps mentioned in the following subsections in accordance with the directions.
(2) A direction under the preceding subsection may require the chief inspector so to exercise his powers under this Act as—
(a) to refuse an application for registration or authorisation, or
(b) to effect or grant a registration or authorisation, attaching such limitations or conditions (if any) as may be specified in the direction, or
(c) to vary a registration or authorisation, as may be so specified, or
(d) to cancel or revoke (or not to cancel or revoke) a registration or authorisation.
(3) The Secretary of State may give directions to the chief inspector, as respects any registration or authorisation, requiring him to serve a notice under section 11B or section 11C of this Act in such terms as may be specified in the directions.
(4) The Secretary of State may give directions requiring the chief inspector to send such written particulars relating to, or to activities carried on in pursuance of, registrations effected or authorisations granted under any provision of this Act as may be specified in the directions to such local authorities as may be so specified.
(1) The Secretary of State may—
(a) give general directions to the chief inspector requiring him to refer applications under this Act for registrations or authorisations of any description specified in the directions to the Secretary of State for his determination; and
(b) give directions to the chief inspector in respect of any particular application requiring him to refer the application to the Secretary of State for his determination.
(2) Where an application is referred to the Secretary of State in pursuance of directions given under this section the Secretary of State may cause a local inquiry to be held in relation to the application.
(3) Subsections (2) to (5) of section 250 of the [1972 c. 70.] Local Government Act 1972 (supplementary provisions about local enquiries under that section) shall apply to inquiries in pursuance of subsection (2) above as if, in subsection (4) of that section, the words “such local authority or” were omitted.
(4) In Scotland, subsections (2) to (8) of section 210 of the [1973 c. 65.] Local Government (Scotland) Act 1973 (power to direct inquiries) shall apply to inquiries in pursuance of subsection (2) above.
(5) After determining any application so referred, the Secretary of State may give the chief inspector directions under section 12A of this Act as to the steps to be taken by him in respect of the application.”
13 (1) Section 12 of the 1960 Act (rights of entry and inspection) shall be amended as follows.
(2) In subsection (2)—
(a) in paragraph (a), after the words “reasonable time” there shall be inserted the words “or, in an emergency, at any time”;
(b) in paragraph (b)—
(i) after the word “tests” there shall be inserted the words “(including dismantling and subjecting to any process)”;
(ii) after the word “inspections” there shall be inserted the words “and take such photographs”; and
(iii) the words “of waste” shall be omitted;
(c) after paragraph (b), there shall be inserted the following paragraph—
“(bb) give directions that the whole or any part of such premises, or anything in them, be left undisturbed for so long as is reasonably necessary for the purpose of any tests or inspections; and”; and
(d) in paragraph (c)—
(i) after the words “inspector with” there shall be inserted the words “such facilities and assistance and”; and
(ii) for the word “specify” there shall be substituted the words “require, and in the case of answers to his questions, to sign a declaration of the truth of the answers”.
Environmental Protection Act 1990