No appeal provision: EPA 1990 s. 92B
EPA 1990 s. 92B is omitted. No statutory appeal exists against a litter clearing notice under this section. Other appeal routes may apply.
92B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 92B of the Environmental Protection Act 1990, which would have provided a right of appeal against litter clearing notices under section 92A, has been omitted from the Act. The section is now blank.
Consequently, there is no statutory appeal mechanism under this section. A person served with a litter clearing notice cannot use section 92B to appeal. Other legal routes, such as judicial review, may be available but are not covered by this provision.
When it applies
- A shopkeeper receives a litter clearing notice from the local council and wants to challenge it.
- A landowner who is issued a notice under section 92A looks for the appeal procedure.
- A solicitor representing a client with a litter clearing notice searches for section 92B to find appeal grounds.
- A local authority officer checks whether there is a statutory appeal process before issuing a notice.
What this section does not say
- People may believe that section 92B sets out a time limit for appealing, but it does not.
- People may think that section 92B allows an appeal on the merits of the notice, but no such appeal exists.
- People may assume that section 92B applies to appeals against street litter control notices under section 93, but it is only relevant to section 92A notices.
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This page reproduces the text of EPA 1990 s. 92B 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.