Definitions for Part IV: EPA 1990 s. 98
Definitions for Part IV of EPA 1990: appropriate person, educational institution, highway, litter (cigarette ends & gum), statutory undertaker.
The following definitions apply for the interpretation of this Part. “ Appropriate person ” means— in relation to England, the Secretary of State; in relation to Wales, the Welsh Ministers . “ Educational institution ”, in relation to England and Wales, means— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Open University; any institution which provides higher education or further education (or both) which is full-time education being an institution which— is maintained by grants made by the Secretary of State under section 485 of the Education Act 1996 ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . is maintained by a local authority as defined in section 579(1) of the Education Act 1996 ; any institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992 any city technology college , city college for the technology of the arts or Academy ; any community, foundation or voluntary school; any community or foundation special school. “ Educational institution ”, in relation to Scotland, means— any university within the meaning of the Education Reform Act 1988 funded by the Universities Funding Council under section 131 of that Act; the Open University; any educational establishment (not being a school) within the meaning of section 135(1) of the Education (Scotland) Act 1980 for the provision of any form of further education for the management of which establishment an education authority is responsible; any college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 managed by a board of management established under Part I of that Act; a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992; any institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992 a technology academy within the meaning of section 68(1) of the 1989 Act; a public school as defined in section 135(1) of the Education (Scotland) Act 1980 (“ the 1980 Act ”) ; a grant-aided school as defined in section 135(1) of the 1980 Act; a self-governing school within the meaning of section 1(3) of the 1989 Act. “ Joint board ”, in relation to Scotland, has the meaning given by section 235(1) of the Local Government (Scotland) Act 1973. “ Highway ” (and “ highway maintainable at the public expense ”), “highway authority”, “ special road ” and “ trunk road ”, in relation to England and Wales, have the same meaning as in the Highways Act 1980 and “ public road ”, “ special road ” and “ trunk road ”, in relation to Scotland, have the same meaning as in the Roads (Scotland) Act 1984. “ Litter ” includes— the discarded ends of cigarettes, cigars and like products, and discarded chewing-gum and the discarded remains of other products designed for chewing. Strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015. “ Statutory undertaker ” means— any person authorised by any enactment to carry on any railway, light railway, tramway or road transport undertaking; any person authorised by any enactment to carry on any canal, inland navigation, dock, harbour or pier undertaking; or any relevant airport operator (within the meaning of Part V of the Airports Act 1986). In subsection (6) above, “ enactment ” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
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 defines key terms used in Part IV of the Environmental Protection Act 1990, which deals with litter and refuse. It tells you who is the 'appropriate person' to enforce litter duties: the Secretary of State in England, the Welsh Ministers in Wales. It lists what counts as an 'educational institution' – covering universities, colleges, schools, and academies in England and Wales, and a separate list for Scotland. 'Highway' and related road terms are given the same meaning as in the Highways Act 1980 for England and Wales, and the Roads (Scotland) Act 1984 for Scotland. 'Litter' is defined to include discarded cigarette ends, cigars, chewing gum, and remains of other products designed for chewing. 'Statutory undertaker' means anyone authorised by law to run railways, light railways, tramways, road transport, canals, inland navigation, docks, harbours, piers, or relevant airports. 'Strategic highways company' means a company appointed under Part 1 of the Infrastructure Act 2015. These definitions apply only for the interpretation of Part IV.
When it applies
- A local authority issues a litter clearing notice to a university, and the university checks whether it qualifies as an 'educational institution' under this section.
- A person drops a cigarette butt on a pavement, and the question arises whether that is 'litter' as defined here.
- A railway company receives a street litter control notice and must determine if it is a 'statutory undertaker' subject to those duties.
- A highway authority in Wales needs to know who the 'appropriate person' is for issuing a litter clearing notice.
- A company appointed under the Infrastructure Act 2015 is responsible for maintaining a highway and is identified as a 'strategic highways company' for litter control purposes.
What this section does not say
- This section does not define 'litter' for any other part of the EPA 1990 or for other legislation; it only applies to Part IV.
- It does not set out the penalties for littering or the procedures for appealing a litter clearing notice – those are in sections 92a to 94b.
- People sometimes think 'appropriate person' means the same for the whole Act, but it only applies within Part IV.
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This page reproduces the text of EPA 1990 s. 98 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.