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The Highway Litter Clearance and Cleaning (Transfer of Responsibility) Order 1998

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Explanatory Note

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Section 89 of the Environmental Protection Act 1990 places a duty on the local authority to ensure that land comprised in the highways maintainable at the public expense within its area (other than trunk roads which are special roads) is so far as practicable kept clean and clear of litter and refuse. Section 86(11) empowers the Secretary of State to transfer responsibility for the discharge of these duties as respects all or any part of such a highway to the highway authority for that highway.

This Order transfers responsibility in respect of those parts of highways listed in the Schedule from the councils who would otherwise be responsible to the Secretary of State for the Environment, Transport and the Regions who is the highway authority for them. The transfer becomes effective on 1st April 1998.

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