Statutory Instruments
ENVIRONMENTAL PROTECTION
Made
22nd April 1991
Laid before Parliament
22nd April 1991
Coming into force
13th May 1991
The Secretary of State for the Environment, as respects England, theSecretary of State for Wales, as respects Wales, and the Secretary ofState for Scotland, as respects Scotland, in exercise of the powersconferred on them by section 86(6), (8) and (15) of the EnvironmentalProtection Act 1990(1) and of all other powers enabling them in that behalf,hereby make the following Order:—
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—
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,
in relation to any other designated statutoryundertaker—
land which is used for the purpose of carrying on their undertaking;and
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.
2. The statutory undertakers described below, and statutory undertakersof the descriptions described below, are designated for the purposes ofPart IV of the Act—
the British Railways Board and London Regional Transport, and anysubsidiary or related company of London Regional Transport as defined insection 68 of the London Regional Transport Act 1984(2),
any Passenger Transport Executive established pursuant to section9(1) of the
Transport Act 1968(3), in so far as it is authorised by any enactment to carryon any railway undertaking,
any person authorised by any enactment to carry on any lightrailway undertaking other than an independent railway undertaking withinthe meaning of section 83(7) of the Transport Act 1962(4)
any person authorised by any enactment to carry on any tramwayundertaking,
any person authorised by any enactment to carry on any roadtransport undertaking, other than the operator of a licensed taxi orlicensed hire car as defined in section 13(3) of the Transport Act 1985(5),
any person authorised by any enactment to carry on any canal,inland navigation, dock, harbour or pier undertaking,
any relevant airport operator (within the meaning of Part V of theAirports Act 1986((6)).
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.
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
(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.