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The Litter (Northern Ireland) Order 1994

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This is the original version (as it was originally made).

Summary proceedings by persons aggrieved by litter

11.—(1) A court of summary jurisdiction may act under this Article on a complaint made by any person on the ground that he is aggrieved by the defacement, by litter, of—

(a)any road;

(b)any relevant land of a district council;

(c)any relevant Crown land;

(d)any relevant land of a designated statutory undertaker;

(e)any relevant land of a designated educational institution; or

(f)any relevant land within a litter control area of a district council.

(2) A court of summary jurisdiction may also act under this Article on a complaint made by any person on the ground that he is aggrieved by the want of cleanliness of any road.

(3) A district council shall not be treated as a person aggrieved for the purposes of proceedings under this Article.

(4) Proceedings under this Article shall be brought against the person who has the duty to keep the road or land clear under Article 7(1) or to keep the road clean under Article 7(2), as the case may be.

(5) Before instituting proceedings under this Article against any person, the complainant shall give to the person not less than 5 days written notice of his intention to make the complaint and the notice shall specify the matter complained of.

(6) If the court is satisfied that the road or land in question is defaced by litter or, in the case of a road, is wanting in cleanliness, the court may, subject to paragraphs (7) and (8), make an order (“a litter abatement order”) requiring the defendant to clear the litter away or, as the case may be, clean the road within a time specified in the order.

(7) The court shall not make a litter abatement order if the defendant proves that he has complied, as respects the road or land in question, with his duty under Article 7(1) and (2).

(8) The court shall not make a litter abatement order where it appears that the matter complained of is the result of directions given to the district council under Article 8(2) by the Department.

(9) A person who, without reasonable excuse, fails to comply with a litter abatement order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(10) If in the case of a continuing offence under paragraph (9), the offender continues to fail to comply with the litter abatement order after the conviction, he shall be guilty of a further offence and shall be liable on summary conviction to an additional fine not exceeding one-twentieth of level 4 on the standard scale for each day on which the offence is continued.

(11) In any proceedings for an offence under paragraph (9) or (10) it shall be a defence for the defendant to prove that he has complied, as respects the road or land in question, with his duty under Article 7(1) and (2).

(12) A code of practice under Article 9(1) shall be admissible in evidence in any proceedings under this Article and if any provision of such a code appears to the court to be relevant to any question in the proceedings it shall be taken into account in determining that question.

(13) Where a court of summary jurisdiction is satisfied on the hearing of a complaint under this Article—

(a)that, when the complaint was made to it, the road or land in question was defaced by litter or, as the case may be, was wanting in cleanliness, and

(b)that there were reasonable grounds for bringing the complaint,

the court shall order the defendant to pay such reasonable sum to the complainant as the court may determine in respect of the expenses incurred by the complainant in bringing the complaint and the proceedings before the court.

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