SCHEDULES
C1SCHEDULE 2 Relaxation of Controls Over Functions Relating to Clean Air and Pollution
Control of Pollution Act 1974 (c. 40)
10
F11
The following subsections shall be substituted for subsection (1) of section 13 (dustbins etc.):—
1
Where a collection authority has a duty by virtue of subsection (1)(a) of the preceding section to arrange for the collection of household waste from any premises, the authority may, by a notice served on the occupier of the premises, require him to place the waste for collection in receptacles which are of a kind and number reasonably specified in the notice.
1A
A person who fails to comply with any of the requirements of such a notice shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.
2
In subsection (3) of that section—
a
for the words “the kind or number of the receptacles required by" there shall be substituted the words “
any requirement specified in
”; and
b
in paragraph (c), for the words “the kind or number of receptacles" there shall be substituted the words “
any requirement
”.
3
The following subsections shall be substituted for subsection (5):—
5
If it appears to a collection authority that there is likely to be situated, on any premises in its area, commercial waste or industrial waste of a kind which, if the waste is not stored in receptacles of a particular kind, is likely to cause a nuisance or to be detrimental to the amenities of the locality in which the premises are situated, the authority may, by notice served on the occupier of the premises, require him to provide at the premises receptacles for the storage of such waste which are of a kind and number reasonably specified in the notice.
5A
A person who fails to comply with any requirement specified in the notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding £100.
4
In subsection (6), for the words “the kind or number of receptacles" there shall be substituted the words “
any requirement
”.
5
The following subsections shall be substituted for subsection (7):—
7
A notice under subsection (1) or (5) of this section may make provision with respect to—
a
the size, construction and maintenance of receptacles for controlled waste;
b
the placing of receptacles on premises for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;
c
the placing of receptacles for that purpose of highways;
d
the substances which may and may not be put into the receptacles and the precautions to be taken where particular substances are put into them; and
e
the steps to be taken by occupiers of premises for the purposes of facilitating the collection of waste from receptacles for controlled waste which are provided in connection with the premises.
7A
A notice under subsection (1) or (5) of this section shall not require receptacles to be placed on highways unless—
a
the relevant highway authority have given their 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.
The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.