Statutory Instruments

1991 No. 1043

ENVIRONMENTAL PROTECTION

The Litter (Statutory Undertakers) (Designation and Relevant Land)Order 1991

Made

22nd April 1991

Laid before Parliament

22nd April 1991

Coming into force

13th May 1991

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Litter (Statutory Undertakers)(Designation and Relevant Land) Order 1991 and shall come into force on13th May 1991.

(2) In this Order—

“the Act” means the Environmental Protection Act 1990,

“operational land” means—

(a)

in relation to any person authorised by any enactment to carry onany railway or light railway undertaking, land required or used for theoperation of rail or light rail services,

(b)

in relation to any other designated statutoryundertaker—

(i)

land which is used for the purpose of carrying on their undertaking;and

(ii)

land in which an interest is held for that purpose,

but does not include land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, orin which interests are held, for the purpose of the carrying on ofstatutory undertakings.

Designation of statutory undertakers

2.  The statutory undertakers described below, and statutory undertakersof the descriptions described below, are designated for the purposes ofPart IV of the Act—

Prescribed land of statutory undertakers

3.—(1) For the purposes of Part IV of the Act, land—

(a)which is under the direct control of a designated statutoryundertaker,

(b)in relation to which the public have no right or permission to haveaccess with or without payment, and

(c)which is within the description in paragraph (2) below but notwithin the description in paragraph (3) below,

is prescribed as relevant land of the designated statutoryundertaker under whose control it is.

(2) The land described in this paragraph is operational land which iswithin 100 metres of a railway station platform to which the public isentitled or permitted to have access with or without payment andwhich—

(a)forms an embankment, cutting, siding, level or junction, but is notpart of a depot, goods yard, or enclosed area where plant and machineryis kept, or

(b)is within the rails or on the tracksides, but is not within atunnel, or

(c)is on a viaduct or bridge.

(3) The land described in this paragraph is land below the place towhich the tide flows at mean high water springs.

Land not to be treated as relevant land

4.  For the purposes of Part IV of the Act, land to which the public areentitled or permitted to have access with or without payment whichis—

  • land other than operational land,

  • land used solely for the provision of freight services,

  • land adjacent to an unpaved towing path or adjacent to a pavedtowing path where the paving extends for a length of less than 1kilometre, or

  • land below the place to which the tide flows at mean high watersprings,

is not to be treated as relevant land of any designated statutoryundertaker.

Michael Heseltine

Secretary of State for the Environment

16th April 1991

David Hunt

Secretary of State for Wales

17th April 1991

Allan Stewart

Parliamentary Under Secretary of State, Scottish Office

22nd April 1991

Explanatory Note

(This note is not part of the Order)

This Order, which applies throughout Great Britain, makes provisionas to the application of Part IV of the Environmental Protection Act1990 (Litter, Etc) to statutory undertakers.

Article 2 designates statutory undertakers for the purposes of PartIV. Article 3 prescribes as relevant land for the purposes of that Partof the Act certain land to which the public are not entitled orpermitted to have access. Article 4 designates as land which is not tobe treated as relevant land for the purposes of Part IV certain land towhich the public are entitled or permitted to have access.