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Environmental Protection Act 1990

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93 Street litter control notices.E+W+S

(1)A principal litter authority other than [F1an English] county council, [F2a] [F3regional council] or a joint board may, with a view to the prevention of accumulations of litter or refuse in and around any street or open land adjacent to any street, issue notices (“street litter control notices”) imposing requirements on occupiers of premises in relation to such litter or refuse, in accordance with this section and section 94 below.

(2)If the authority is satisfied, in respect of any premises which are of a description prescribed under section 94(1)(a) below and have a frontage on a street in their area, that—

(a)there is recurrent defacement by litter or refuse of any land, being part of the street or open land adjacent to the street, which is in the vicinity of the premises, or

(b)the condition of any part of the premises which is open land in the vicinity of the frontage is, and if no notice is served is likely to continue to be, detrimental to the amenities of the locality by reason of the presence of litter or refuse, or

(c)there is produced, as a result of the activities carried on on the premises, quantities of litter or refuse of such nature and in such amounts as are likely to cause the defacement of any part of the street, or of open land adjacent to the street, which is in the vicinity of the premises,

the authority may serve a street litter control notice on the occupier or, if the premises are unoccupied, on the owner of the premises.

(3)A notice shall, subject to section 94(2), (3) and (4) below—

(a)identify the premises and state the grounds under subsection (2) above on which it is issued;

(b)specify an area of open land which adjoins or is in the vicinity of the frontage of the premises on the street;

(c)specify, in relation to that area or any part of it, such reasonable requirements as the authority considers appropriate in the circumstances;

and, for the purposes of paragraph (b) above, an area which includes land on both sides of the frontage of the premises shall be treated as an area adjoining that frontage.

[F4(3A)A vehicle or stall or other moveable structure which is used for one or more commercial or retail activities while parked or set at a particular place on or verging a street is to be treated for the purposes of this section and section 94 below as if it were premises situated at that place having a frontage on that street in the place where it is parked or set.

(3B)In subsection (3A) above, “vehicle” means any vehicle intended or adapted for use on roads.]

(4)In this section and section 94 below—

  • notice” means a street litter control notice;

  • open land” means land in the open air;

  • the premises”, in relation to a notice, means the premises in respect of which the notice is issued;

  • specified area” means the area specified in a notice under subsection (3)(b) above; and

  • street” means a relevant highway, a relevant road or any other highway or road over which there is a right of way on foot.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I1S. 93 wholly in force at 1.4.1991 see s. 164(3) and S.I. 1991/1042, art. 2

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