Litter abatement orders: EPA 1990 s. 91
Section 91 allows aggrieved persons to apply for a litter abatement order after giving five days notice. Failure to comply carries a level 4 fine.
A magistrates’ court may act under this section on a complaint made by any person on the ground that he is aggrieved by the defacement, by litter or refuse, of— any relevant highway; any trunk road which is a special road; any relevant land of a principal litter authority; any relevant Crown land; any relevant land of a designated statutory undertaker; or any relevant land of a designated educational institution; or any relevant land within a litter control area of a local authority. A magistrates’ court may also act under this section on a complaint made by any person on the ground that he is aggrieved by the want of cleanliness of any relevant highway or any trunk road which is a special road. A principal litter authority shall not be treated as a person aggrieved for the purposes of proceedings under this section. Proceedings under this section shall be brought against the person who has the duty to keep the land clear under section 89(1) above or to keep the highway clean under section 89(2) above, as the case may be. Before instituting proceedings under this section against any person, the complainant shall give to the person not less than five days written notice of his intention to make the complaint and the notice shall specify the matter complained of. If the magistrates’ court is satisfied that the highway or land in question is defaced by litter or refuse or, in the case of a highway, is wanting in cleanliness, the court may, subject to subsections (7) and (8) below, make an order (“a litter abatement order”) requiring the defendant to clear the litter or refuse away or, as the case may be, clean the highway within a time specified in the order. The magistrates’ court shall not make a litter abatement order if the defendant proves that he has complied, as respects the highway or land in question, with his duty under section 89(1) and (2) above. The magistrates’ court shall not make a litter abatement order where it appears that the matter complained of is the result of directions given to the local authority under section 89(6) above by the highway authority. A person who, without reasonable excuse, fails to comply with a litter abatement order shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale together with a further fine of an amount equal to one-twentieth of that level for each day on which the offence continues after the conviction. In any proceedings for an offence under subsection (9) above it shall be a defence for the defendant to prove that he has complied, as respects the highway or land in question, with his duty under section 89(1) and (2) above. A direction under section 89(6A); or code of practice under section 89(7) shall be admissible in evidence in any proceedings under this section and if any provision of such a direction or code appears to the court to be relevant to any question in the proceedings it shall be taken into account in determining that question. Where a magistrates’ court is satisfied on the hearing of a complaint under this section— that, when the complaint was made to it, the highway or land in question was defaced by litter or refuse or, as the case may be, was wanting in cleanliness, and that there were reasonable grounds for bringing the complaint, the court shall order the defendant to pay such reasonable sum to the complainant as the court may determine in respect of the expenses incurred by the complainant in bringing the complaint and the proceedings before the court. In the application of this section to Scotland— for any reference to a magistrates’ court there shall be substituted a reference to the sheriff; for any reference to a complaint there shall be substituted a reference to a summary application, and “ complainant ” shall be construed accordingly; for any reference to the defendant there shall be substituted a reference to the person against whom the proceedings are taken; for any reference to a highway and a relevant highway there shall be substituted a reference to a road and a relevant road; and for any reference to a highway authority there shall be substituted a reference to a roads authority, and any person against whom proceedings are brought may appeal on a point of law to the Court of Session against the making of a litter abatement order.
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
Section 91 allows any person aggrieved by litter, refuse, or a lack of cleanliness on relevant highways, Crown land, or designated institutional land to bring a complaint in a magistrates' court (or to the sheriff in Scotland). Principal litter authorities are excluded from acting as aggrieved complainants under this procedure. Proceedings must be brought against the body or entity holding the legal duty to maintain the land or highway under section 89.
Before making a complaint to the court, the aggrieved person must give the responsible duty holder at least five days written notice stating the specific matter complained of. If the court determines that the highway or land is defaced by litter or refuse, or lacks cleanliness, it may issue a litter abatement order specifying a timeframe for completion. An order cannot be issued if the defendant proves compliance with duties under section 89(1) and 89(2), or if the condition resulted from directions given under section 89(6).
Non-compliance with a litter abatement order without reasonable excuse constitutes an offence punishable by a fine up to level 4 on the standard scale, plus an additional daily fine equal to one-twentieth of that level for each day the offence continues after conviction. Where a complaint was justified when made, the court orders the defendant to pay a reasonable sum to cover the complainant's incurred expenses.
When it applies
- A local resident giving written notice to a local authority regarding persistent litter on a public highway.
- An aggrieved citizen applying to a magistrates' court for a litter abatement order against a designated educational institution.
- A court evaluating whether a duty holder has complied with statutory duties under section 89(1) and 89(2) in response to a complaint.
What this section does not say
- A principal litter authority bringing proceedings against private property owners, which is governed by section 92.
- Issuing fixed penalty notices directly to individuals who drop litter, covered under section 88.
- Civil penalties for litter discarded from vehicles, governed under section 88a.
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This page reproduces the text of EPA 1990 s. 91 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.