EPA 1990 s. 92: Scottish litter abatement notices
EPA 1990 s. 92: Scottish litter authorities serve notices; appeal within 21 days; penalty fine up to level 4 plus daily fine one-twentieth level 4.
Where a principal litter authority in Scotland other than a joint board is satisfied as respects— any relevant Crown land, any relevant land of a designated statutory undertaker, any relevant land of a designated educational institution, or any relevant land within a litter control area of a local authority, that it is defaced by litter or refuse or that defacement of it by litter or refuse is likely to recur, the authority shall serve a notice (a “litter abatement notice”) imposing either the requirement or the prohibition or both the requirement and the prohibition specified in subsection (2). The requirement and prohibition referred to in subsection (1) are as follows, namely— a requirement that the litter or refuse be cleared within a time specified in the notice; a prohibition on permitting the land to become defaced by litter or refuse. The litter abatement notice shall be served— as respects relevant Crown land, on the appropriate Crown authority; as respects relevant land of a designated statutory undertaker, on the undertaker; as respects relevant land of a designated educational institution, on the governing body of the institution or on the education authority responsible for the management of the institution; in any other case, on the occupier of the land or, if it is unoccupied, on the owner of the land. The person served with the notice may appeal against the notice to the sheriff by way of application within the period of 21 days beginning with the date on which the notice was served. If, on any appeal under subsection (4), the appellant proves that, as respects the land in question, he has complied with his duty under section 89(1), the court shall allow the appeal. If a person on whom a litter abatement notice is served, without reasonable excuse, fails to comply with or contravenes the requirement or prohibition imposed by the notice, he 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 (6), it shall be a defence for the person charged to prove that he has complied, as respects the land in question, with his duty under section 89(1). A direction under section 89(6A) or a 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. If a person on whom a litter abatement notice is served fails to comply with the requirement imposed by the notice in respect of any land, the authority may, subject to subsection (10)— enter on the land and clear the litter or refuse, and recover from that person the expenditure attributable to their having done so, except such of the expenditure as that person shows was unnecessary in the circumstances. Subsection (9) does not apply in relation to relevant Crown land or relevant land of statutory undertakers.
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 section allows a Scottish principal litter authority (not a joint board) to issue a litter abatement notice when land is defaced by litter or likely to recur. The land can be relevant Crown land, land of a designated statutory undertaker, designated educational institution, or land within a litter control area. The notice requires clearing litter within a set time and/or prohibits allowing defacement. The notice is served on the appropriate authority (Crown, undertaker, governing body/education authority, or occupier/owner). The person served may appeal to the sheriff within 21 days from service. If the appellant proves they complied with their duty under section 89(1), the appeal must be allowed. Failure to comply without reasonable excuse is an offence with a fine up to level 4 on the standard scale, plus a further daily fine of one-twentieth of that level for each continuing day after conviction. It is a defence to show compliance with the section 89(1) duty. Directions or codes under section 89(6A) or (7) are admissible. The authority may enter and clear the land and recover costs (except for Crown or statutory undertaker land).
When it applies
- A local authority in Scotland issues a litter abatement notice to a school's governing body because the school grounds are covered in litter.
- A railway company (statutory undertaker) receives a litter abatement notice for litter on its station land within a litter control area.
- An occupier of a private property in a litter control area is served a notice because rubbish has been left on the land repeatedly.
- The Crown Estate is served a notice by the authority regarding litter on Crown land managed by a government department.
- A person who fails to clear litter as required by the notice is prosecuted and fined level 4 plus daily fines for each day the litter remains.
What this section does not say
- This section does not apply to littering by individuals – that is covered by section 87 (offence of leaving litter).
- It does not provide a procedure for an individual to complain about litter (that is in section 91).
- It does not apply in England and Wales – it only applies to Scotland.
- It does not deal with street litter control notices, which are under section 93.
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This page reproduces the text of EPA 1990 s. 92 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.