Litter authority liability exemption - EPA 1990 s. 97B
Excludes liability for litter authorities and employees under s.92(9), 92A(9), 92C(3) unless bad faith, lack of due care, or breach of Human Rights Act 1998.
97B None of the persons mentioned in subsection (2) below is to have any liability to an occupier or owner of land for damages or otherwise (whether at common law or otherwise) arising out of anything done or omitted to be done in the exercise or purported exercise of the power in section 92(9), 92A(9) or 92C(3) above. Those persons are— the principal litter authority and any employee of the authority; and in the case of the power in section 92C(3) above, any person authorised by the authority under that provision and the employer or any employee of that person. Subsection (1) above does not apply— if the act or omission is shown to be in bad faith; to liability arising out of a failure to exercise due care and attention; so as to prevent an award of damages in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998. This section does not affect any other exemption from liability (whether at common law or otherwise).
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 protects litter authorities and their employees from being sued for damages or other claims when they use certain powers to deal with litter. Those powers are: entering land under s.92(9) (summary proceedings), serving a litter clearing notice under s.92A(9), and entering land to clear up after someone fails to comply with a notice under s.92C(3). The protection also covers anyone authorised by the authority to act under s.92C(3), and their employer or employees.
However, the protection does not apply if the authority or its employees acted in bad faith, or if they failed to take reasonable care. It also does not prevent a claim for damages if the act or omission was unlawful under section 6(1) of the Human Rights Act 1998. This section does not remove any other legal defence that the authority might have.
When it applies
- A council officer enters private land to clear litter and the landowner sues for trespass.
- A contractor employed by the council to clear litter after a notice is ignored causes damage to a fence.
- A litter authority employee accidentally breaks a gate while inspecting a property for litter.
- A council serves a litter clearing notice and the owner claims loss of business because they could not access their land.
What this section does not say
- This does not protect the council if they acted maliciously or deliberately (bad faith).
- It does not cover claims for personal injury caused by a council vehicle while on litter duty if the driver failed to take care.
- It does not apply to private landowners who take their own action under the same powers.
- It does not protect the council from liability for failing to clear litter on public land under the general duty to keep land clean.
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This page reproduces the text of EPA 1990 s. 97B 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.