Duty to maintain public register: EPA 1990 s. 95
Principal litter authorities must keep a public register of s.90(3) orders, s.93(1) notices, and Sch 3A orders. Free inspection, copies at reasonable charge.
It shall be the duty of each principal litter authority other than an English county council, a [ regional council or] a joint board to maintain, in accordance with this section, a register containing copies of— all orders made by the authority under section 90(3) above; and all street litter control notices issued under section 93(1) above. and all orders made by the authority under paragraph 2(1) of Schedule 3A. Where the requirements of a street litter control notice are varied or added to on an appeal under section 94(7) above a copy of the order making the variation or addition shall be included in the register. Copies of the orders and notices required to be kept in the register shall be so kept for so long as the order or notice is in force. It shall be the duty of each authority maintaining a register under this section— to secure that the register is available, at all reasonable times, for inspection by the public free of charge; and to afford to members of the public facilities for obtaining copies of the documents kept in the register, on payment of reasonable charges. A register under this section need not be kept in documentary form.
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 says that a principal litter authority (like a district council, but not an English county council, a regional council, or a joint board) must keep a public register. The register must contain copies of three types of documents: orders the authority has made under section 90(3) to create a litter control area, street litter control notices it has issued under section 93(1), and orders it has made under paragraph 2(1) of Schedule 3A. If the requirements of a street litter control notice are changed on appeal under section 94(7), the order making that change must also be added to the register. The authority must keep the documents in the register for as long as the order or notice is in force. The authority must make the register available for anyone to inspect for free at reasonable times, and must let people get copies of the documents for a reasonable charge. The register does not have to be a physical book; it can be kept electronically.
When it applies
- A resident wants to check whether a street litter control notice has been issued against a nearby takeaway shop.
- A business owner wants to see the order that created a litter control area covering their street.
- A person who appealed a street litter control notice and got a variation wants to confirm the variation is now on the register.
- A journalist visits the council offices to inspect the register and see how many notices have been issued in the past year.
- A local resident requests a copy of an order under Schedule 3A to understand what litter control measures are in place.
What this section does not say
- This section does not tell you which authority is a principal litter authority or who is exempted from the duty.
- It does not set out the penalties for leaving litter or failing to comply with a street litter control notice; those are elsewhere (e.g., sections 92A–92C).
- It does not create a right to demand that the council clear litter from a street; that duty is under section 89.
- It does not require the register to contain documents other than the specific orders and notices listed in the section.
Related sections
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This page reproduces the text of EPA 1990 s. 95 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.