Scottish Ministers info request power waste EPA 1990 s71A
Scottish Ministers may require relevant authorities to provide info about waste enforcement under ss.59 and 33(1)(a)/(c), limited to once per 12 months.
The Scottish Ministers may require a relevant authority to provide them with such information as Ministers may specify about— cases where the authority has exercised any of its functions under section 59, and cases where the authority has exercised any of its functions in respect of any contravention of section 33(1)(a) or (c). In requiring information under subsection (1), the Scottish Ministers may specify— the period to which the information is to relate, and the date by which the relevant authority is to provide the information. The information required by Ministers under subsection (1) may include, in particular— the number of contraventions of section 33(1)(a) or (c) reported to the relevant authority, the location of contraventions of section 33(1)(a) or (c) reported to the authority, what action (if any) has been taken by the authority in response to the reported contraventions, the number of fixed penalty notices issued by the authority under section 33A in response to the reported contraventions, the number of fixed penalties paid in response to such notices, and the number of reports made by the authority of offences under section 33(1)(a) or (c). The Scottish Ministers may not exercise their power under subsection (1) in relation to a particular relevant authority more than once in any period of 12 months. In this section, “ relevant authority ” means— in relation to functions under section 59, a waste collection authority, in relation to functions in respect of contraventions of section 33(1)(a) or (c)— a local authority, Loch Lomond and The Trossachs National Park Authority, or a person specified by order made by the Scottish Ministers under section 33A(13).
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision lets Scottish Ministers ask certain authorities for information about how they have dealt with cases of unauthorised waste deposit, treatment or disposal (under section 59) or cases where someone has broken the rules in section 33(1)(a) or (c) – for example, unlawfully depositing or treating waste.
The Ministers can specify what information they want, the time period it should cover, and the deadline for providing it. The information can include the number of reported breaches, their locations, what action was taken, how many fixed penalty notices were issued and paid, and how many offence reports were made.
However, the Ministers cannot ask the same authority for this information more than once in any 12-month period. A "relevant authority" here means a waste collection authority (for section 59 matters) or, for section 33 contraventions, a local authority, Loch Lomond and The Trossachs National Park Authority, or a person specified in an order made under section 33A(13).
When it applies
- A local authority receives several reports of illegal dumping of waste on private land, and the Scottish Ministers ask for the number and locations of those reports.
- A waste collection authority uses its powers under section 59 to remove waste that has been unlawfully deposited, and the Ministers request details of each case.
- The Scottish Ministers want to know how many fixed penalty notices were paid after being issued by a particular local authority for breaching section 33(1)(a).
- An authority reports offences under section 33(1)(c) to the procurator fiscal, and the Ministers ask for a record of those reports.
What this section does not say
- It does not give Scottish Ministers power to demand information from private individuals or companies – only from the defined relevant authorities.
- It does not allow the Ministers to direct how an authority should enforce the law or to compel specific enforcement actions.
- It does not apply to requests about contraventions of section 33(1)(b) or other subsections – only (1)(a) and (c).
- It does not allow unlimited requests: the same authority can be asked only once every 12 months for information under this section.
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This page reproduces the text of EPA 1990 s. 71A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.