Legalize / United Kingdom / Public General Act

Environmental Protection Act 1990

Type Public General Act

Publication 1990-11-01

Last updated 2026-03-11

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(4) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (supplementary provisions about local inquiries under that section) or, in relation to Scotland, subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (which make similar provision) shall, without prejudice to the generality of subsection (1) of either of those sections, apply to local inquiries or other hearings in pursuance of sub-paragraph (3) above as they apply to inquiries in pursuance of either of those sections and, in relation to England and Wales, as if the reference to a local authority in subsection (4) of the said section 250 included a reference to the enforcing authority.

(5) The Secretary of State shall, on determining any application transferred to him under this paragraph, give to the enforcing authority such a direction as he thinks fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the authorisation by means of the variation notice.

9

The Secretary of State may give the enforcing authority a direction with respect to any particular application or any class of applications for the variation of an authorisation requiring the authority not to determine or not to proceed with the application or applications of that class until the expiry of any such period as may be specified in the direction, or until directed by the Secretary of State that they may do so, as the case may be.

10

(1) Except in a case where an application for the variation of an authorisation has been referred to the Secretary of State under paragraph 8 above and subject to sub-paragraph (3) below, the enforcing authority shall determine an application for the variation of an authorisation within the period of four months beginning with the day on which it received the application or within such longer period as may be agreed with the applicant.

SCHEDULE 2

Part I — Transition to Companies

Preliminary

1

Notice of direction

2

Applications for exemption from and representations about directions

3

Directions

4

Formation and status of companies

5

Transfer schemes

6

Transfer schemes: supplementary provisions

7

8

Tax and company provisions

9

Benefit of certain planning permission

10

Right to production of documents of title

11

Proof of title by certificate

12

Construction of agreements

13

14

Third parties affected by vesting provisions

15

Transfer of staff

16

Information for purposes of transfer scheme

17

Part II — Provisions Regulating Waste Disposal Authorities and Companies

Terms of waste disposal contracts

18

19

Procedure for putting waste disposal contracts out to tender

20

21

Variation of waste disposal contracts

22

Avoidance of restrictions on transfer of securities of companies

23

Schedule 2A

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SCHEDULE 2AA

Introductory

1

(1) The purpose of a waste reduction scheme is to provide a financial incentive—

(a) to produce less domestic waste, and

(b) to recycle more of what is produced,

and accordingly to reduce the amount of residual domestic waste.

(2) A waste reduction scheme—

(a) may cover the whole or any part of the area of a waste collection authority, and

(b) may apply to all domestic premises, to domestic premises other than those of a specified description or to specified descriptions of domestic premises.

Conditions for making waste reduction scheme

2

(1) A waste collection authority may make a waste reduction scheme only if—

(a) a good recycling service is available to the occupiers of premises to which the scheme applies,

(b) the scheme takes account of the needs of groups who might be unduly disadvantaged by it, and

(c) the authority has a strategy for preventing, minimising or otherwise dealing with the unauthorised deposit or disposal of waste.

(2) In sub-paragraph (1)(a) above—

(a) a “recycling service” means arrangements for the collection of recyclable domestic waste from premises separately from other waste; and

(b) a “good” recycling service means a recycling service that meets the standards specified for the purposes of this definition in guidance issued by the Secretary of State.

(3) The Secretary of State may by order amend sub-paragraphs (1) and (2) above.

Incentive under waste reduction scheme

3

(1) A waste reduction scheme must provide for a financial incentive that the authority considers will be effective to achieve the purpose of the scheme.

(2) The scheme may provide for the incentive to be provided—

(a) by means of rebates from council tax or by other payments, or

(b) by means of charges under paragraph 4,

or by any combination of those means.

Charges in respect of residual domestic waste

4

(1) A waste reduction scheme may include provision for charging by reference to—

(a) the amount of residual domestic waste collected from premises,

(b) the size of receptacles used for the purposes of the collection of residual domestic waste from premises,

(d) the frequency with which residual domestic waste is collected from premises,

or by reference to any combination of those factors.

(2) The scheme may, in particular, make provision for occupiers of premises—

(a) to be required (by notice under section 46) to place residual domestic waste for collection in receptacles of a specified kind,

(b) to be required (by such notice) to place such waste in receptacles that are identified by such means as may be specified, or

and for a charge to be made by the authority in respect of the receptacles, the means of identifying them or both.

(3) A charge under this paragraph in respect of a receptacle is in addition to any charge under section 46 in respect of the cost of providing the receptacle.

(4) The amount of any charge under this paragraph need not be related to the authority's costs.

(5) The scheme may make provision as to the person or persons by whom any charge is payable.

(6) The scheme may—

(a) require any charge to be paid in advance on the basis of an estimate of the amount that is likely to be payable in respect of any premises; or

(b) require payments in respect of any charge to be made on account or by instalments.

Charging: supplementary provisions

5

(1) The Secretary of State may by order set a limit on the amount of the charge under paragraph 4 that may be imposed in respect of any premises in any financial year.

(2) A failure to pay a charge under paragraph 4 does not affect the authority's duty under section 45(1)(a) (general duty to arrange for collection of household waste).

(3) Section 45(3) (general prohibition on charging for collection of household waste) has effect subject to paragraph 4.

Requirement of revenue neutrality

6

(1) From year to year, and taking one year with another, the aggregate amount of charges under a waste reduction scheme must not exceed the aggregate amount of the rebates or other payments under the scheme.

(2) The Secretary of State may by order amend sub-paragraph (1) above.

(3) Any such order may make any amendments of paragraph 4(4) that appear to the Secretary of State to be necessary or expedient in consequence of, or in connection with, the amendment of sub-paragraph (1) above.

Procedure for putting scheme in place

7

(1) The authority must comply with the following requirements after making a waste reduction scheme and before it is brought into operation.

(2) The authority must publish the scheme in such manner as it considers appropriate.

(3) The authority must send to the occupier of any premises to which the scheme applies a notice setting out—

(a) the requirements applicable under the scheme in relation to the collection of domestic waste from premises to which the scheme applies;

(b) any rebates or other payments available under the scheme and the manner in which they are to be made; and

Appeals

8

A waste reduction scheme must contain provision enabling a person to appeal against any decision affecting, directly or indirectly, that person's entitlement to a rebate or other payment, or liability to pay a charge, under the scheme.

Separate account to be kept

9

(1) A waste collection authority that operates a waste reduction scheme must keep a separate account of—

(a) any rebates or other payments under the scheme, and

(b) any charges received by it under the scheme.

(2) Any person interested may at any reasonable time and without payment inspect the account and make copies of it or any part of it.

(3) A person having custody of the account who intentionally obstructs a person in the exercise of the rights conferred by sub-paragraph (2) above commits an offence.

(4) A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Contributions by waste disposal authority

10

(1) Where a waste collection authority that operates a waste reduction scheme is not also the waste disposal authority, the waste disposal authority may pay to the collection authority contributions of such amounts as the disposal authority may determine towards expenditure of the collection authority attributable to the scheme.

(2) The collection authority must supply to the disposal authority such information as the disposal authority may reasonably require for the purpose of determining amounts under this paragraph.

Power to make provision as to administration etc

11

(1) The Secretary of State may by regulations make provision as to—

(a) the manner in which the amount of any rebate or other payment is to be determined, and any rebate or payment is to be given, and

(b) the manner in which—

(i) the amount of any charge is to be determined, and

(ii) any charge is to be collected or enforced.

(2) The regulations may in particular provide—

(a) for appeals against determinations or any failure to make a determination,

(b) for the appointment of persons or bodies to hear appeals, and

(3) The regulations may include provision—

(a) for integrating the administration of the scheme with the administration of council tax, and

(b) for that purpose modifying, to such extent as appears to the Secretary of State to be necessary or expedient, any of the enactments relating to council tax.

In paragraph (b) “modifying” includes making additions, amendments or omissions.

(4) The regulations may in particular provide—

(a) for including material relating to the scheme in the notice containing the council tax demand,

(b) for applying to questions arising under the scheme the procedure for appeals about liability to council tax, and

Use of information obtained for council tax purposes

12

An authority may use for the purpose of administering a waste reduction scheme information it has obtained for the purpose of carrying out its functions under the enactments relating to council tax.

Amendment or revocation of waste reduction scheme

13

(1) An authority that has made a waste reduction scheme may amend or revoke the scheme.

(2) After amending a scheme and before bringing the amendment into operation, the authority must—

(a) publish the amended scheme in such manner as it thinks appropriate, and

(b) if the amendment affects any of the matters previously notified to occupiers, send to the occupier of any premises to which the scheme applies a notice setting out the effect of the amendment.

(3) The amendment or revocation of a scheme does not affect any entitlement or liability under the scheme in respect of a period before the amendment or revocation takes effect.

(4) The revocation of a scheme does not affect the duty of the authority to comply with paragraph 6(1).

Guidance

14

(1) The Secretary of State may issue guidance to waste collection authorities and waste disposal authorities as respects the exercise of their functions under this Schedule.

(2) Any such guidance issued—

(a) must be published in such manner as the Secretary of State considers appropriate, and

(b) may be amended or replaced by further guidance, or revoked.

(3) In exercising their functions under this Schedule waste collection authorities and waste disposal authorities must have regard to any guidance in force under this paragraph.

Interpretation

15

(1) In this Schedule—

“domestic premises” means—a building or self-contained part of a building which is used wholly for the purposes of living accommodation,a caravan (as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960 (c. 62)) that usually and for the time being is situated on a caravan site (within the meaning of that Act), ora moored vessel used wholly for the purposes of living accommodation;

“domestic waste” means household waste from domestic premises;

“enactment” includes an enactment contained in subordinate legislation;

“recyclable waste” means waste that is capable of being recycled;

“residual domestic waste” means domestic waste that is not—waste meeting the conditions for collection by the authority as recyclable waste, orwaste for which a charge may be made by virtue of regulations under section 45(3) (power to charge for collection of household waste in prescribed cases);

“specified” means specified in the waste reduction scheme.

(2) The Secretary of State may by order amend the definition of “domestic premises” in sub-paragraph (1).

(3) References in this Schedule to recycling include re-using and composting.

Orders and regulations

16

(1) An order under paragraph 2(3), 6(2) or 15(2) is subject to affirmative resolution procedure.

(2) Section 161(3) (negative resolution procedure: orders) applies in relation to an order under paragraph 5(1), subject as follows.

(3) An order under that paragraph is subject to affirmative resolution procedure if—

(a) it is the first order to be made under that paragraph, or

(b) it increases the limit for the time being set by an order under that paragraph by more than is necessary to reflect changes in the value of money since that limit was set.

(4) Section 161(2) (negative resolution procedure: regulations) applies in relation to regulations under paragraph 11, subject as follows.

(5) Regulations under that paragraph are subject to affirmative resolution procedure if they modify an enactment contained in an Act of Parliament.

(6) Where an order or regulations are subject to “affirmative resolution procedure” the Secretary of State must not make the order or regulations unless a draft of the statutory instrument containing them has been laid before and approved by resolution of each House of Parliament.

SCHEDULE 2B

1

Production or consumption residues not otherwise specified below.

2

Off-specification products.

3

Products whose date for appropriate use has expired.

4

Materials spilled, lost or having undergone other mishap, including any materials, equipment, etc, contaminated as a result of the mishap.

5

Materials contaminated or soiled as a result of planned actions (e.g. residues from cleaning operations, packing materials, containers, etc.).

6

Unusable parts (e.g. reject batteries, exhausted catalysts, etc.).

7

Substances which no longer perform satisfactorily (e.g. contaminated solvents, exhausted tempering salts, etc.).

8

Residues of industrial processes (e.g. slags, still bottoms, etc.).

9

Residues from pollution abatement processes (e.g. scrubber sludges, baghouse dusts, spent filters, etc.).

10

Machining or finishing residues (e.g. lathe turnings, mill scales, etc.).

11

Residues from raw materials extraction and processing (e.g. mining residues, oil field slops, etc.).

12

Adulterated materials (e.g. oils contaminated with PCBs, etc.).

13

Any materials, substances or products whose use has been banned by law.

14

Products for which the holder has no further use (e.g. agricultural, household, office, commercial and shop discards, etc.).

15

Contaminated materials, substances or products resulting from remedial action with respect to land.

16

Any materials, substances or products which are not contained in the above categories.

SCHEDULE 3

Appeals to magistrates’ court

1

(1) This paragraph applies in relation to appeals under section 80(3) against an abatement notice to a magistrates’ court.

(2) An appeal to which this paragraph applies shall be by way of complaint for an order and the Magistrates’ Courts Act 1980 shall apply to the proceedings.

(3) An appeal against any decision of a magistrates’ court in pursuance of an appeal to which this paragraph applies shall lie to the Crown Court at the instance of any party to the proceedings in which the decision was given.

(4) The Secretary of State may make regulations as to appeals to which this paragraph applies and the regulations may in particular—

(a) include provisions comparable to those in section 290 of the Public Health Act 1936 (appeals against notices requiring the execution of works);

(b) prescribe the cases in which an abatement notice is , or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;

(c) prescribe the cases in which the decision on appeal may in some respects be less favourable to the appellant than the decision from which he is appealing;

(d) prescribe the cases in which the appellant may claim that an abatement notice should have been served on some other person and prescribe the procedure to be followed in those cases.

Appeals to Sheriff

1A

(1) This paragraph applies in relation to appeals to the sheriff under section 80(3) against an abatement notice.

(2) An appeal to which this paragraph applies shall be by way of a summary application.

(3) The Secretary of State may make regulations as to appeals to which this paragraph applies and the regulations may in particular include or prescribe any of the matters referred to in sub-paragraphs (4)(a) to (d) of paragraph 1 above.

Powers of entry etc

2

(1) Subject to sub-paragraph (2) below, any person authorised by a local authority may, on production (if so required) of his authority, enter any premises at any reasonable time—

(a) for the purpose of ascertaining whether or not a statutory nuisance exists; or

(b) for the purpose of taking any action, or executing any work, authorised or required by Part III.

(2) Admission by virtue of sub-paragraph (1) above to any premises used wholly or mainly for residential purposes shall not except in an emergency be demanded as of right unless twenty-four hours notice of the intended entry has been given to the occupier.

(3) If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a) that admission to any premises has been refused, or that refusal is apprehended, or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one of emergency, or that an application for admission would defeat the object of the entry; and

(b) that there is reasonable ground for entry into the premises for the purpose for which entry is required,

the justice may by warrant under his hand authorise the local authority by any authorised person to enter the premises, if need be by force.

(4) An authorised person entering any premises by virtue of sub-paragraph (1) or a warrant under sub-paragraph (3) above may—

(a) take with him such other persons and such equipment as may be necessary;

(b) carry out such inspections, measurements and tests as he considers necessary for the discharge of any of the local authority’s functions under Part III; and

(5) On leaving any unoccupied premises which he has entered by virtue of sub-paragraph (1) above or a warrant under sub-paragraph (3) above the authorised person shall leave them as effectually secured against trespassers as he found them.

(6) A warrant issued in pursuance of sub-paragraph (3) above shall continue in force until the purpose for which the entry is required has been satisfied.

(7) Any reference in this paragraph to an emergency is a reference to a case where the person requiring entry has reasonable cause to believe that circumstances exist which are likely to endanger life or health and that immediate entry is necessary to verify the existence of those circumstances or to ascertain their cause and to effect a remedy.

(8) In the application of this paragraph to Scotland, a reference to a justice of the peace or to a justice includes a reference to the sheriff.

2A

(1) Any person authorised by a local authority may on production (if so required) of his authority—

(a) enter or open a vehicle, machinery or equipment, if necessary by force, or

(b) remove a vehicle, machinery or equipment from a street or, in Scotland, road to a secure place,

for the purpose of taking any action, or executing any work, authorised by or required under Part III in relation to a statutory nuisance within section 79(1)(ga) above caused by noise emitted from or caused by the vehicle, machinery or equipment.

(2) On leaving any unattended vehicle, machinery or equipment that he has entered or opened under sub-paragraph (1) above, the authorised person shall (subject to sub-paragraph (3) below) leave it secured against interference or theft in such manner and as effectually as he found it.

(3) If the authorised person is unable to comply with sub-paragraph (2) above, he shall for the purpose of securing the unattended vehicle, machinery or equipment either—

(a) immobilise it by such means as he considers expedient, or

(b) remove it from the street to a secure place.

(4) In carrying out any function under sub-paragraph (1), (2) or (3) above, the authorised person shall not cause more damage than is necessary.

(5) Before a vehicle, machinery or equipment is entered, opened or removed under sub-paragraph (1) above, the local authority shall notify the police of the intention to take action under that sub-paragraph.

(6) After a vehicle, machinery or equipment has been removed under sub-paragraph (1) or (3) above, the local authority shall notify the police of its removal and current location.

(7) Notification under sub-paragraph (5) or (6) above may be given to the police at any police station in the local authority’s area or, in the case of the Temples, at any police station of the City of London Police.

(8) For the purposes of section 81(4) above, any expenses reasonably incurred by a local authority under sub-paragraph (2) or (3) above shall be treated as incurred by the authority under section 81(3) above in abating or preventing the recurrence of the statutory nuisance in question.

Offences relating to entry

3

(1) A person who wilfully obstructs any person acting in the exercise of any powers conferred by paragraph 2 or 2A above shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(2) If a person discloses any information relating to any trade secret obtained in the exercise of any powers conferred by paragraph 2 above he shall, unless the disclosure was made in the performance of his duty or with the consent of the person having the right to disclose the information, be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Default powers

4

(1) This paragraph applies to the following function of a local authority, that is to say its duty under section 79 to cause its area to be inspected to detect any statutory nuisance which ought to be dealt with under section 80 or sections 80 and 80A and its powers under paragraph 2 or 2A above.

(2) If the Secretary of State is satisfied that any local authority has failed, in any respect, to discharge the function to which this paragraph applies which it ought to have discharged, he may make an order declaring the authority to be in default.

(3) An order made under sub-paragraph (2) above which declares an authority to be in default may, for the purpose of remedying the default, direct the authority (“the defaulting authority”) to perform the function specified in the order and may specify the manner in which and the time or times within which the function is to be performed by the authority.

(4) If the defaulting authority fails to comply with any direction contained in such an order the Secretary of State may, instead of enforcing the order by mandamus, make an order transferring to himself the function of the authority specified in the order.

(5) Where the function of a defaulting authority is transferred under sub-paragraph (4) above, the amount of any expenses which the Secretary of State certifies were incurred by him in performing the function shall on demand be paid to him by the defaulting authority.

(6) Any expenses required to be paid by a defaulting authority under sub-paragraph (5) above shall be defrayed by the authority in like manner, and shall be debited to the like account, as if the function had not been transferred and the expenses had been incurred by the authority in performing them.

(7) The Secretary of State may by order vary or revoke any order previously made by him under this paragraph.

(8) Any order under this paragraph may include such incidental, supplemental and transitional provisions as the Secretary of State considers appropriate.

(9) This paragraph does not apply to Scotland.

Protection from personal liability

5

Nothing done by, or by a member of, a local authority or by any officer of or other person authorised by a local authority shall, if done in good faith for the purpose of executing Part III, subject them or any of them personally to any action, liability, claim or demand whatsoever ....

Statement of right of appeal in notices

6

Where an appeal against a notice served by a local authority lies to a magistrates’ court or, in Scotland, the sheriff by virtue of section 80, it shall be the duty of the authority to include in such a notice a statement indicating that such an appeal lies as aforesaid and specifying the time within which it must be brought.

SCHEDULE 3A

Offence of unauthorised distribution

1

(1) A person commits an offence if he distributes any free printed matter without the consent of a principal litter authority on any land which is designated by the authority under this Schedule, where the person knows that the land is so designated.

(2) A person commits an offence if he causes another person to distribute any free printed matter without the consent of a principal litter authority on any land designated by the authority under this Schedule.

(3) A person is not guilty of an offence under sub-paragraph (2) if he took reasonable steps to ensure that the distribution did not occur on any land designated under this Schedule.

(4) Nothing in this paragraph applies to the distribution of printed matter—

(a) by or on behalf of a charity ..., where the printed matter relates to or is intended for the benefit of the charity;

(b) where the distribution is for political purposes or for the purposes of a religion or belief.

(5) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) For the purposes of this Schedule—

(a) to “distribute” printed matter means to give it out to, or offer or make it available to, members of the public and includes placing it on or affixing it to vehicles, but does not include putting it inside a building or letter-box;

(b) printed matter is “free” if it is distributed without charge to the persons to whom it is distributed.

(7) For the purposes of this Schedule a person does not distribute printed matter if the distribution takes place inside a public service vehicle (within the meaning of the Public Passenger Vehicles Act 1981).

Designation

2

(1) A principal litter authority may by order in accordance with this paragraph designate land in its area for the purposes of this Schedule.

(2) The land designated must consist of—

(a) relevant land of the authority;

(b) all or part of any relevant highway for which the authority is responsible; or

(3) A principal litter authority may only designate land where it is satisfied that the land is being defaced by the discarding of free printed matter which has been distributed there.

(4) Where a principal litter authority proposes to make an order under sub-paragraph (1) above in respect of any land, it must—

(a) publish a notice of its proposal in at least one newspaper circulating in an area which includes the land; and

(b) post such a notice on the land.

(5) A notice under sub-paragraph (4) above must specify—

(a) the land proposed to be designated;

(b) the date on which it is proposed that the order is to come into force (which may not be earlier than the end of a period of 28 days beginning with the day on which the notice is given);

(c) the fact that objections may be made to the proposal, how they may be made and the period within which they may be made (being a period of at least 14 days beginning with the day on which the notice is given).

(6) Where after giving notice under sub-paragraph (4) above and taking into account any objections duly made pursuant to sub-paragraph (5)(c) above an authority decides to make an order under sub-paragraph (1) above in respect of any or all of the land in respect of which the notice was given, the authority must—

(a) publish a notice of its decision in at least one newspaper circulating in an area which includes the land; and

(b) post such a notice on the land.

(7) A notice under sub-paragraph (6) above must specify the date on which the order is to come into force, being a date not earlier than—

(a) the end of the period of 14 days beginning with the day on which the notice is given; and

(b) the date referred to in sub-paragraph (5)(b) above.

(8) A principal litter authority may at any time revoke an order under sub-paragraph (1) above in respect of any land to which the order relates.

(9) A principal litter authority must—

(a) publish a notice of any revocation under sub-paragraph (8) above in at least one newspaper circulating in an area which includes the land in question; and

(b) post such a notice on the land.

(10) Sub-paragraph (1) above does not apply to an English county council for an area for which there is a district council.

3

(1) A principal litter authority may on the application of any person consent to that person or any other person (identified specifically or by description) distributing free printed matter on any land designated by the authority under this Schedule.

(2) Consent under this paragraph may be given without limitation or may be limited—

(a) by reference to the material to be distributed;

(b) by reference to a particular period, or particular times or dates;

(d) to a particular distribution.

(3) A principal litter authority need not give consent under this paragraph to any applicant where it considers that the proposed distribution would in all the circumstances be likely to lead to defacement of the designated land.

(4) Consent need not be given to any applicant if within the period of five years ending on the date of his application—

(a) he has been convicted of an offence under paragraph 1 above; or

(b) he has paid a fixed penalty under paragraph 7 below.

(5) Consent may be given under this paragraph subject to such conditions as the authority consider necessary or desirable for—

(a) protecting the designated land from defacement; or

(b) the effective operation and enforcement of this Schedule.

(6) The conditions which may be imposed by a principal litter authority under this paragraph include conditions requiring any person distributing printed matter pursuant to consent given under this paragraph to produce on demand written evidence of the consent to an authorised officer of the authority.

(7) Consent given by a principal litter authority under this paragraph may at any time be revoked (entirely or to any extent) by notice to the person to whom it was given, where—

(a) he has failed to comply with any condition subject to which it was given; or

(b) he is convicted of an offence under paragraph 1 above or pays a fixed penalty under paragraph 7 below.

(8) Any condition imposed under this paragraph in relation to any consent may be varied or revoked by notice given to the person to whom the consent was given.

Fees

4

(1) A principal litter authority may require the payment of a fee before giving consent under paragraph 3 above.

(2) The amount of a fee under this paragraph is to be such as the authority may determine, but may not be more than, when taken together with all other fees charged by the authority under this paragraph, is reasonable to cover the costs of operating and enforcing this Schedule.

Appeals

5

(1) Any person aggrieved by a decision of a principal litter authority under paragraph 3 above—

(a) to refuse consent,

(b) to impose any limitation or condition subject to which consent is given,

may appeal against the decision to a magistrates' court.

(2) A magistrates' court may on an appeal under this paragraph—

(a) uphold any refusal of consent or require the authority to grant consent (without limitation or condition or subject to any limitation or condition);

(b) require the authority to revoke or vary any condition;

Seizure of material

6

(1) Where it appears to an authorised officer of a principal litter authority that a person distributing any printed matter is committing an offence under paragraph 1 above, he may seize all or any of it.

(2) Any person claiming to own any printed matter seized under this paragraph may apply to a magistrates' court for an order that the printed matter be released to him.

(3) On an application under sub-paragraph (2) above, if the magistrates' court considers that the applicant does own the printed matter, the court shall order the principal litter authority to release it to him, except to the extent that the court considers that the authority needs to retain it for the purposes of proceedings relating to an offence under paragraph 1 above.

(4) Any printed matter seized under this paragraph (and not released under sub-paragraph (3) above) must be returned to the person from whom it is seized—

(a) at the conclusion of proceedings for the offence (unless the court orders otherwise);

(b) at the end of the period in which proceedings for the offence may be instituted, if no such proceedings have been instituted in that period (or have been instituted but discontinued).

(5) Where it is not possible to return any printed matter under sub-paragraph (4) above because the name and address of the person from whom it was seized are not known, a principal litter authority may dispose of or destroy it.

Fixed penalty notices

7

(1) This paragraph applies where on any occasion it appears to an authorised officer of a principal litter authority that a person has committed an offence under paragraph 1 above on any land designated by the authority under this Schedule.

(2) The authorised officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the principal litter authority.

(3) Subsections (2) to (5) of section 88 above apply in relation to notices given under this paragraph as they apply to notices under that section.

(4) The amount of the fixed penalty payable to a principal litter authority under this paragraph—

(a) is the amount specified by the authority in relation to its area; or

(b) if no amount is so specified, is—

(i) in England, £100, or

(ii) in Wales, £75.

(5) The principal litter authority to which a fixed penalty is payable under this paragraph may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority.

(6) In any proceedings a certificate which—

(a) purports to be signed on behalf of the chief finance officer of a principal litter authority, and

(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(7) If an authorised officer of a principal litter authority proposes to give a person a notice under this paragraph, the officer may require the person to give him his name and address.

(8) A person commits an offence if—

(a) he fails to give his name and address when required to do so under sub-paragraph (7) above; or

(b) he gives a false or inaccurate name or address in response to a requirement under that sub-paragraph.

(9) A person guilty of an offence under sub-paragraph (8) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(10) In this paragraph, “chief finance officer”, in relation to a principal litter authority, means the person having responsibility for the financial affairs of that authority.

Supplementary

8

In this Schedule “authorised officer”, in relation to a principal litter authority, means—

(a) an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under paragraph 7 above;

(b) any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function; and

SCHEDULE 4

Application

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 Airports Act 1986).

(3) In sub-paragraph (2)(d) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Power to seize and remove trolleys

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.

Retention, return and disposal of trolleys

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 and 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

(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.

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.

Charges

4

(1) The local authority, in fixing the charges to be paid under this Schedule, shall secure that the charges so payable are such as are sufficient , taking one financial year with another, to cover the cost of removing, storing and disposing of shopping or luggage 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 or 3A 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.

Definitions

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.

SCHEDULE 5

Part I — Miscellaneous and Consequential Amendments

Amendments relating to appointment of chief inspector

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;

Amendments consequential on the introduction of fees and charges

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”.

Documents to be sent to local authorities

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)”;

(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.”;

(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,”;

(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”.

Mobile radioactive apparatus

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”.

Site and disposal records

8

After section 8 of the 1960 Act there shall be inserted the following section—

(8A) (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.

Hearings in connection with certain authorisations

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.”

Appeals against certain other decisions of the chief inspector

10

After the section 11C of the 1960 Act inserted by section 102 of this Act there shall be inserted the following sections—

(11D) (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. (11E) 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.

Period within which applications under Act to be determined

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.

Directions to chief inspector

12

After section 12 of the 1960 Act there shall be inserted the following sections—

(12A) (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. (12B) (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 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 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.

Inspectors: powers and protection

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;

(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”.

(3) After subsection (6) there shall be inserted the following subsection—

(6A) The last preceding subsection does not apply in respect of premises in respect of which— (a) a person has been (but is no longer) registered under section one of this Act; or (b) an authorisation has been (but is no longer) in force under subsection (1) of section six or under section seven of this Act; or in respect of premises on which there are reasonable grounds for believing that mobile radioactive apparatus has been or is being kept or used.

;

and at the beginning of subsection (6) there shall be inserted the words “Subject to the next following subsection”.

(4) After subsection (7) there shall be inserted the following subsections—

(7A) An inspector appointed under section 11A of this Act or under subsection (7)(a) of this section shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of his powers under this section if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it. (7B) In England and Wales, an inspector appointed under section 11A of this Act, if authorised to do so by the chief inspector, may, although not of counsel or a solicitor, prosecute before a magistrates’ court proceedings for an offence under section 13 of this Act.

Offences under 1960 Act

14

(1) Section 13 of the 1960 Act (offences) shall be amended as follows.

(2) In subsection (1) after paragraph (c) there shall be inserted the following paragraph

, or (d) being a person who is registered under section one or section three of this Act or to whom an authorisation under section six or section seven of this Act has been granted, fails to comply with any requirement of a notice served on him under section 11B or 11C of this Act

(3) In subsection (2) (penalties for offence under subsection (1)) in paragraph (a), for the words after “summary conviction” there shall be substituted the words “to a fine not exceeding £20,000, or to imprisonment for a term not exceeding six months or both”.

(4) In subsection (4) (penalties for offence under subsection (3)) in paragraph (a), for the words from “exceeding” where it first appears to “or to”, there shall be substituted the words “exceeding the statutory maximum, or to”.

(5) After subsection (4), there shall be inserted the following subsection—

(4A) Any person who fails to comply with a requirement imposed on him under section 8A of this Act shall be guilty of an offence, and shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or both; (b) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years, or both.

(6) In subsection (5)(b) (offence of obstructing inspector)—

(a) at the beginning there shall be inserted the word “intentionally”;

(b) for the words “the last preceding section” there shall be substituted the words “section twelve of this Act”; and

(7) In subsection (5), in the words after paragraph (b), for the words after “offence” there shall be substituted the words

and shall be liable— (i) on summary conviction, to a fine not exceeding the statutory maximum; (ii) on conviction on indictment, to a fine.

(8) In subsection (6) (pulling down, defacing etc, documents), for the words after “exceeding” there shall be substituted the words “level 2 on the standard scale.”.

(9) In subsection (7) (which restricts the persons who may authorise prosecutions in England and Wales), for the word “Minister” there shall be substituted the words “Secretary of State, the chief inspector”.

(10) After subsection (8) there shall be inserted the following subsection—

(9) Where the commission by any person of an offence under this section is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings for the offence are taken against the first-mentioned person.

Public access to certain information

15

After section 13 (offences) of the 1960 Act there shall be inserted the following section—

(13A) (1) The chief inspector shall keep copies of— (a) all applications made to him under any provision of this Act; (b) all documents issued by him under any provision of this Act; (c) all other documents sent by him to any local authority in pursuance of directions of the Secretary of State; and (d) such records of convictions under section thirteen of this Act as may be prescribed in regulations; and he shall make copies of those documents available to the public except to the extent that that would involve the disclosure of information relating to any relevant process or trade secret (within the meaning of subsection (3) of section thirteen of this Act) or would involve the disclosure of applications or certificates as respects which the Secretary of State has directed that knowledge should be restricted on grounds of national security. (2) Each local authority shall keep and make available to the public copies of all documents sent to the authority under any provision of this Act unless directed by the chief inspector or, as the case may be, the Minister of Agriculture, Fisheries and Food and the chief inspector, that all or any part of any such document is not to be available for inspection. (3) Directions under the preceding subsection shall only be given for the purpose of preventing disclosure of relevant processes or trade secrets (within the meaning of subsection (3) of section thirteen of this Act) and may be given generally in respect of all, or any description of, documents or in respect of specific documents. (4) The copies of documents required to be made available to the public by this section need not be kept in documentary form. (5) The public shall have the right to inspect the copies of documents required to be made available under this section at all reasonable times and, on payment of a reasonable fee, to be provided with a copy of any such document.

Expenses and receipts

16

In section 16 of the 1960 Act (expenses and receipts)—

(a) in subsection (1)(a), for the words following “incurred by” there shall be substituted the words “the Secretary of State or the Minister of Agriculture, Fisheries and Food under this Act”; and

(b) in subsection (2), for the word “Minister” there shall be substituted the words “Secretary of State or the Minister of Agriculture, Fisheries and Food”.

Meaning of “radioactive material” for purposes of 1960 Act

17

In section 18 of the 1960 Act (meaning of expression “radioactive material” in that Act) after subsection (3) there shall be inserted the following subsection—

(3A) For the purposes of paragraph (b) of subsection (2) of this section, a substance shall not be treated as radioactive material if the level of radioactivity is less than such level as may be prescribed for substances of that description.

Part II — Amendments relating to Scotland and Northern Ireland

Scotland

18

In section 20 of the 1960 Act (application of Act to Scotland)—

(a) for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a) for any reference to the chief inspector there shall be substituted a reference to the chief inspector for Scotland, being the inspector so appointed by the Secretary of State for the purposes of this Act in relation to Scotland; (b) any reference to the Minister of Agriculture, Fisheries and Food shall be omitted and anything required to be done in England by both the chief inspector and that Minister shall be done in Scotland by the chief inspector for Scotland.

;

(b) after paragraph (e) there shall be inserted the following paragraph—

(f) in section 11, subsections (1) and (4) shall be omitted.

19

(1) In Schedule 1 to the 1960 Act (enactments, other than local enactments, to which section 9(1) applies)—

(a) paragraphs 9 and 11 shall be omitted;

(b) after paragraph 17 there shall be added the following paragraphs—

(17A) Section 201 of the Local Government (Scotland) Act 1973. (17B) Section 124 of the Civic Government (Scotland) Act 1982.

Northern Ireland

20

In section 21 of the 1960 Act (application of Act to Northern Ireland)—

(a) in subsection (2)—

(i) for paragraph (a) there shall be substituted the following paragraph—

(a) except in section sixteen of this Act any reference to the Secretary of State shall be construed as a reference to the Department of the Environment for Northern Ireland, any reference to the Minister of Agriculture, Fisheries and Food shall be construed as a reference to the Department of Agriculture for Northern Ireland and any reference to the Treasury shall be construed as a reference to the Department of Finance and Personnel for Northern Ireland;

;

(ii) at the end there shall be added the following paragraphs—

(k) in section 11A(3) of this Act the reference to section 16 of the Environmental Protection Act 1990 shall be construed as a reference to section 10 of the Alkali & Works Regulation Act 1906; (l) section 12(7B) of this Act shall be omitted; (m) for section 12B(3) of this Act there shall be substituted— (3) Schedule 8 to the Health and Personal Social Services (Northern Ireland) Order 1972 (provisions as to inquiries) shall apply to inquiries in pursuance of subsection (2) above.”; (n) in section 15A of this Act the reference to each House of Parliament shall be construed as a reference to the Northern Ireland Assembly; (o) any reference to the Crown shall be construed as including a reference to the Crown in right of Her Majesty’s Government in Northern Ireland

; and

(b) subsection (4) shall be omitted.

SCHEDULE 6

Preliminary

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Constitution and membership

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration and allowances for members of council

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegation of powers

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committees

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Documents

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public Records

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Land

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports, accounts et ceteralaetc.

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Superannuation Act 1965 (c. 74)

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parliamentary Commissioner Act 1967 (c. 13)

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

House of Commons Disqualification Act 1975 (c. 24)

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inheritance Tax Act 1984 (c. 51)

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7

Preliminary

1

In this Schedule—

“chairman” means (except in paragraph 2(1) below) the chairman of the committee;

“the committee” means the Joint Nature Conservation Committee; and

“council” means a council established by section 128(1) of this Act.

Membership

2

(1) The committee shall consist of eleven voting members, namely—

(a) a chairman appointed by the Secretary of State;

(b) three members appointed by the Secretary of State;

(d) the chairman of the Countryside Agency;

and two non-voting members appointed by the Department of the Environment for Northern Ireland.

(2) The committee may appoint any voting member to be deputy chairman.

3

The chairman and the three members appointed by the Secretary of State shall be persons who are not members of any of the councils and shall hold and vacate office in accordance with the terms of their appointments.

4

(1) The three members appointed by the Secretary of State shall be persons appearing to the Secretary of State to have experience in or scientific knowledge of nature conservation; and the Secretary of State shall, in determining who to appoint, have regard to any recommendations made to him by the chairman.

(2) Before appointing such a member the Secretary of State shall consult the chairman and such persons having scientific knowledge of nature conservation as the Secretary of State considers appropriate.

Remuneration and allowances for members

5

(1) The committee shall—

(a) pay to the chairman such remuneration and allowances; and

(b) pay such pension, allowance or gratuity to or in respect of the chairman or make such payments towards the provision of such pension, allowance or gratuity;

as the Secretary of State may with the approval of the Treasury determine.

(2) If a person ceases to be chairman and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may require the committee to pay to that person a sum of such amount as the Secretary of State may with the approval of the Treasury determine.

6

The committee shall pay to the three members appointed by the Secretary of State, and to the non-voting members, such remuneration and allowances as the Secretary of State may with the approval of the Treasury determine.

Staff etc. and expenses

7

(1) The councils shall provide the committee with . . . such financial resources, as the councils, after consultation with the committee, consider appropriate for the proper discharge of the functions conferred by section 133(2) and (3) of this Act.

(1A) The committee may appoint such number of employees as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

(1B) The committee shall pay to the employees appointed under sub-paragraph (1A) above such remuneration and allowances as the committee may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

(1C) The committee shall, in the case of such of their employees or former employees as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine—

(a) pay such pensions, allowances or gratuities to or in respect of those employees,

(b) make such payments towards provision of such pensions, allowances or gratuities, or

(c) provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities,

as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

(2) The expenses of the committee shall be defrayed by the councils in such proportions as the councils may agree.

(3) In default of agreement between the councils as to any question arising under sub-paragraph (1) or (2) above the Secretary of State shall determine that question.

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