Street litter: supplementary provisions EPA 1990 s. 94
Scottish Ministers may prescribe premises and land types for street litter notices, set max areas, and rules on requirements, appeals, and enforcement.
The Scottish Ministers may by order prescribe— the descriptions of commercial or retail premises in respect of which a street litter control notice may be issued; the descriptions of land which may be included in a specified area; and the maximum area of land which may be included in a specified area; and different descriptions or maximum dimensions may be prescribed under paragraph (b) or (c) for different cases or circumstances. An order under this subsection is subject to the negative procedure. The power to describe premises or land under subsection (1)(a) or (b) includes power to describe the premises or land by reference to occupation or ownership or to the activities carried on there. The land comprised in a specified area— shall include only land of one or more of the descriptions prescribed under subsection (1)(b); shall not include any land which is not— part of the premises, part of a street, relevant land of a principal litter authority, or land under the direct control of any other local authority; and shall not exceed any applicable maximum area prescribed under subsection (1)(c); but a specified area shall not include any part of the premises which is or is part of a litter control area. The requirements which may be imposed by a notice shall relate to the clearing of litter or refuse from the specified area and may in particular require— the provision or emptying of receptacles for litter or refuse; the doing within a period specified in the notice of any such thing as may be so specified (including the standards to which any such thing must be done); or the doing (while the notice remains in force) at such times or intervals, or within such period, of any such thing as may be so specified; but a notice may not require the clearing of litter or refuse from any carriageway, except at a time when the carriageway is closed to all vehicular traffic. In relation to so much of the specified area as is not part of the premises the authority shall take account, in determining what requirements to impose, of their own duties under this Part or otherwise, and of any similar duties of any other local authority, in relation to that land. An authority proposing to serve a notice shall— inform the person on whom the notice is to be served; give him the opportunity to make representations about the notice within the period of 21 days beginning with the day on which he is so informed; and take any representations so made into account in making their decision. A person on whom a notice is served may appeal against the notice to the sheriff by way of application; and the court may quash the notice or may quash, vary or add to any requirement imposed by the notice. If it appears to the authority that a person has failed or is failing to comply with any requirement imposed by a notice, the authority may apply to the sheriff by way of application for an order requiring the person to comply with the requirement within such time as may be specified in the order. A person who, without reasonable excuse, fails to comply with an order under subsection (8) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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 gives the Scottish Ministers power to make orders that define which commercial or retail premises can be subject to a street litter control notice, what land can be included in a specified area, and the maximum size of that area. The order is subject to the negative procedure, meaning it must be laid before the Scottish Parliament and can be annulled.
The notice itself can require the person to clear litter or refuse from the specified area, provide or empty receptacles, and do things within a set period or at intervals. However, the notice cannot require clearing of a carriageway unless it is closed to all vehicular traffic. When the specified area includes land that is not part of the premises, the authority must consider its own duties under Part II of the Act.
The authority must inform the person, give them 21 days to make representations, and then decide. The person may appeal to the sheriff, who can quash or vary the notice. If the person fails to comply, the authority can apply to the sheriff for an order. Failure to comply with that order without reasonable excuse is an offence, punishable on summary conviction by a fine not exceeding level 4 on the standard scale.
When it applies
- A local authority issues a street litter control notice to a takeaway restaurant requiring them to clear litter from the pavement and adjacent alleyway.
- The Scottish Ministers issue an order prescribing that only premises with a certain floor area can be subject to a notice, and setting a maximum specified area of 100 square metres.
- A business owner receives a notice that requires them to empty litter bins in a specified area every two hours, and they appeal to the sheriff arguing the requirement is unreasonable.
- A person fails to comply with a sheriff's order to clear litter and is subsequently convicted and fined at level 4 on the standard scale.
What this section does not say
- The main duty of principal litter authorities to keep land clear of litter (dealt with in section 89).
- Fixed penalty notices for littering from vehicles in Scotland (dealt with in sections 88C and 88D).
- General litter clearing notices under section 92A and the appeals against them (section 92B).
Related sections
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This page reproduces the text of EPA 1990 s. 94 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.