Abandoned trolleys: resolution power - EPA 1990 s. 99
Allows a local authority to resolve that Schedule 4 EPA 1990 applies in its area to control abandoned trolleys, requiring prior consultation and public notice.
A local authority may, subject to subsection (3) below, resolve that Schedule 4 to this Act is to apply in its area; and if a local authority does so resolve, that Schedule shall come into force in its area on the day specified in the resolution, which must not be before the expiration of the period of three months beginning with the day on which the resolution is passed. A local authority shall publish in at least one newspaper circulating in its area a notice that the authority has passed a resolution under this section and indicating the general effect of that Schedule. It shall be the duty of a local authority, before making any resolution for the application of Schedule 4 to this Act in its area, to consult with the persons or representatives of persons who appear to the authority to be persons who will be affected by the application of that Schedule. It shall be the duty of a local authority from time to time to consult about the operation of Schedule 4 to this Act with the persons or representatives of persons who appear to be affected by its operation. In this section “ local authority ” means— the council of a district; the council of a London borough; the Common Council of the City of London; the council of the Isles of Scilly; in Wales, the council of a county or county borough; and in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 . In Schedule 4 to this Act “ the local authority ” means any local authority which has resolved that that Schedule is to apply in its area.
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 a local authority the power to decide that Schedule 4 of the Environmental Protection Act 1990 will apply in its area. Schedule 4 contains the detailed rules about dealing with abandoned shopping and luggage trolleys, but this section is about the process for adopting those rules.
The local authority must consult with people or organisations likely to be affected before passing the resolution. It must also publish a notice in a local newspaper explaining the general effect of Schedule 4. The resolution cannot take effect until at least three months after it is passed.
The definition of 'local authority' includes district councils, London borough councils, the City of London, the Isles of Scilly, and in Wales county or county borough councils, and in Scotland councils under the Local Government etc. (Scotland) Act 1994.
When it applies
- A council wants to start enforcing against abandoned trolleys and passes a resolution to apply Schedule 4.
- A retailer receives a consultation letter from the council about a proposed trolley scheme.
- A resident sees a newspaper notice that the council intends to adopt Schedule 4 for trolleys.
- A council passes a resolution but the three-month waiting period has not yet expired.
- A Welsh county borough council considers adopting the trolley scheme.
What this section does not say
- The actual powers to seize, store, or dispose of abandoned trolleys (those are in Schedule 4, not this section).
- Penalties or fines for abandoning a trolley.
- How to report a specific abandoned trolley to the council.
- The obligations of supermarket owners to retrieve their trolleys.
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This page reproduces the text of EPA 1990 s. 99 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.