Transition Regulations for Litter Duty EPA 1990 s. 97
EPA 1990 s. 97 allows the Secretary of State to make transitional regulations modifying litter duties under section 89 for local authorities and schools.
The Secretary of State may, for the purposes of the transition to the duties imposed by section 89 above on local authorities and educational bodies, by regulations, make provision— modifying that section, or modifying Part I of the Local Government Act 1988 (competition rules for functional work or works contracts). Regulations under this section may make different provision for different descriptions of authorities, different areas or other different circumstances or cases. In this section— “ educational bodies ” means the governing bodies and education authorities mentioned in section 89(1)(f) above; and “ local authorities ” means the local authorities mentioned in section 89(1)(a) and (c) and (2)(a) above.
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 grants power to the Secretary of State to enact secondary regulations during the transition to statutory litter duties under section 89. These transitional rules can alter how section 89 applies or adjust competitive tendering requirements under Part I of the Local Government Act 1988.
The regulations can apply differently depending on the category of authority, geographic area, or specific circumstances. For the purposes of this power, educational bodies cover governing bodies and designated education authorities, while local authorities cover specified councils named in section 89.
When it applies
- A local council applying phased rules while transitioning to statutory street cleaning duties under section 89.
- A school governing body following transitional regulations for keeping educational premises clear of litter.
- A local authority adjusting contract tendering rules under Part I of the Local Government Act 1988 during the transition.
What this section does not say
- Private citizens bringing summary proceedings against local councils for uncleared litter.
- Procedures for issuing or appealing against litter clearing notices.
- General definitions and public registers relating to litter control.
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This page reproduces the text of EPA 1990 s. 97 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.