Part 6The environment

Controlled waste and litter

57Directions in respect of duty under section 89 of 1990 Act

1

Sections 89, 91 and 92 of the 1990 Act shall be amended as follows.

2

In section 89 (duties to keep land etc. free of litter), after subsection (6) there shall be inserted—

6A

The Scottish Ministers may give to any person subject to a duty imposed by subsection (1) or (2) above such directions as they consider necessary or expedient for securing compliance by such person with such duty.

6B

A person to whom a direction is given under subsection (6A) shall comply with the direction.

6C

A direction under subsection (6A) may—

a

be given generally or to a specific person;

b

make different provision for different persons and different cases or circumstances;

c

include provision specifying, in relation to any factor by reference to which a person’s discharging of any such duty can be measured, standards to be met by the person.

6D

The Scottish Ministers shall—

a

cause—

i

any direction under subsection (6A) above; and

ii

any variation or revocation of such a direction,

to be published; and

b

cause copies of each such direction, variation or revocation to be made available to the public.

3

In section 91 (litter abatement orders: applications by aggrieved persons), in subsection (11)—

a

after “A”, where it first occurs, there shall be inserted—

a

direction under section 89(6A); or

b

the words “code of practice under section 89(7)” shall become paragraph (b); and

c

after “a”, where it secondly occurs, there shall be inserted “ direction or ”.

4

In section 92 (litter abatement notices: litter authorities), in subsection (8)—

a

after “A”, where it first occurs, there shall be inserted—

a

direction under section 89(6A); or

b

the words “code of practice under section 89(7)” shall become paragraph (b); and

c

after “a”, where it secondly occurs, there shall be inserted “ direction or ”.