Modifications etc. (not altering text)
C1Pt. 2 (arts. 3-48) modified by S.R. 2003/493, Sch. 3 Pt. 1 para. 9 (as substituted (8.4.2011) by Waste Regulations (Northern Ireland) 2011 (S.R. 2011/127), regs. 1(1), 40 (with reg. 9(2)))
C2Pt. II modified (30.11.2013) by The Controlled Waste and Duty of Care Regulations (Northern Ireland) 2013 (S.R. 2013/255), regs. 1(1), 4(1)
21.—(1) Where a district council is required under Article 20(1)(a) to arrange for the collection of household waste from any premises, the council may, by notice served on him, require the occupier to place the waste for collection in receptacles of a kind and number specified.
(2) The kind and number of the receptacles required under paragraph (1) to be used shall be such only as are reasonable but, subject to that, separate receptacles or compartments of receptacles may be required to be used for waste which is to be recycled and waste which is not.
(3) In making requirements under paragraph (1) the council may, as respects the provision of the receptacles—
(a)determine that they be provided by the council free of charge;
(b)propose that they be provided, if the occupier agrees, by the council on payment by him of such a single payment or such periodical payments as he agrees with the council;
(c)require the occupier to provide them if he does not enter into an agreement under sub-paragraph (b) within a specified period; or
(d)require the occupier to provide them.
(4) In making requirements as respects receptacles under paragraph (1), the council may, by the notice under that paragraph, make provision with respect to—
(a)the size, construction and maintenance of the receptacles;
(b)the placing of the receptacles for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;
(c)the placing of the receptacles for that purpose on roads;
(d)the substances or articles which may or may not be put into the receptacles or compartments of receptacles of any description and the precautions to be taken where particular substances or articles are put into them; and
(e)the steps to be taken by occupiers of premises to facilitate the collecting of waste from the receptacles.
(5) No requirement shall be made under paragraph (1) for receptacles to be placed on a road, unless—
(a)the Department has given its consent to their being so placed; and
(b)arrangements have been made as to the liability for any damage arising out of their being so placed.
(6) A person who fails, without reasonable excuse, to comply with any requirements imposed under paragraph (1), (3)(c) or (d) or (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7) Where an occupier is required under paragraph (1) to provide any receptacles he may, within the period allowed by paragraph (8), appeal to a court of summary jurisdiction against any requirement imposed under paragraph (1), (3)(c) or (d) or (4) on the ground that—
(a)the requirement is unreasonable; or
(b)the receptacles in which household waste is placed for collection from the premises are adequate.
(8) The period allowed to the occupier of premises for appealing against such a requirement is the period of 21 days from—
(a)in a case where a period was specified under paragraph (3)(c), the last day of that period; and
(b)where no period was specified, the day on which the notice making the requirement was served on him.
(9) Where an appeal against a requirement is brought under paragraph (7)—
(a)the requirement shall be of no effect pending the determination of the appeal;
(b)the court shall either quash or modify the requirement or dismiss the appeal; and
(c)no question as to whether the requirement is, in any respect, unreasonable shall be entertained in any proceedings for an offence under paragraph (6).
(10) In this Article—
“receptacle” includes a holder for receptacles; and
“specified” means specified in a notice under paragraph (1).