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Litter Act 1983
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- 1983 c. 35
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Version Superseded: 01/04/1991
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[F11 Penalty for leaving litter.E+W+S
(1)If any person throws down, drops or otherwise deposits in, into or from any place in the open air to which the public are entitled or permitted to have access without payment, and leaves, any thing whatsoever in such circumstances as to cause, or contribute to, or tend to lead to, the defacement by litter of any place in the open air, he shall be guilty of an offence, unless that depositing and leaving was authorised by law or was done with the consent of the owner, occupier or other person or authority having control of the place in or into which that thing was deposited.
(2)For the purposes of subsection (1) above, any covered place open to the air on at least one side and available for public use shall be treated as being a place in the open air.
(3)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4)In sentencing a person convicted of an offence under this section, the court shall have regard not only to the purpose of the section in preventing the defacement by litter of places in the open air, but also to the nature of the litter and any resulting risk (in the circumstances of the offence) of injury to persons or animals or of damage to property.
(5)In England and Wales, without prejudice to the powers of any other person, a litter authority shall have power to institute proceedings for an offence under this section committed within their area or on land controlled or managed by them.
(6)In subsection (5) above, “litter authority” includes the Greater London Council.
(7)In Scotland, an offence under this section may be prosecuted in any court of summary jurisdiction within the meaning of the M1Criminal Procedure (Scotland) Act 1975 having jurisdiction in the place where the offence was committed.]
Textual Amendments
F1Ss. 1, 2 repealed (prosp.:) coming into force 1.4.1991 by S.I. 1991/1042) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. IV
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