Litter Act 1983

8 Provisions supplementary to s. 7. S

(1) A litter authority may make contributions towards expenditure incurred or to be incurred by any other local authority or by any voluntary organisation in the doing of anything which could have been done under section 7 above by the litter authority; and a litter authority may receive from any other person contributions towards expenditure incurred or to be incurred by them under that section.

(2) In subsection (1) above, “voluntary organisation” means any body of persons, whether corporate of unincorporate, carrying on or proposing to carry on an undertaking otherwise than for profit, and includes a community council within the meaning of the M1 Local Government (Scotland) Act 1973.

(3) F1 ... where any person having such an interest in any land as enables him to bind the land enters into any agreement relating to the land with a litter authority acting in exercise of powers conferred on them by section 7 above, the agreement may[F2 —

(a) if the land is registered in the Land Register of Scotland, be registered in that register, and

(b) in any other case, be recorded in the Register of Sasines,

and if the agreement is so registered or recorded it] shall, subject to subsection (5) below, be enforceable at the instance of the litter authority against persons deriving title to the land from the person who entered into the agreement.

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) An agreement under subsection (3) above shall not be enforceable against a third party who has in good faith and for value acquired right (whether completed by infeftment or not) to the land before the agreement was registered or recorded as aforesaid, or against any person deriving title from such third party.

(6) On the application of any local authority directly concerned, the Secretary of State may by order repeal or amend any provision—

(a) in any local Act passed before the M2 31st July 1964 (the date on which the Local Government (Development and Finance) (Scotland) Act 1964 was passed), or

(b) in any Act passed before that date and confirming a provisional order,

where it appears to him that the provision is inconsistent with, or has become unnecessary in consequence of, section 7 above or this section.

(7) In section 7 above and this section—

• “land” includes any structure or erection on land, land covered with water and any interest or right in or over land;

• “litter” includes derelict vehicles, vessels and scrap metal and rubbish of any description;

• “litter authority” means an islands or district council;

• “local authority” means a [F4 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

Textual Amendments

F1 Words in s. 8(3) repealed (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 24(a)(i) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

F2 Words in s. 8(3) substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 24(a)(ii) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

F3 S. 8(4) repealed (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 24(b) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

F4 Words in definition of local authority in s. 8(7) substituted (1.4.1997) by 1994 c. 39, s. 180(1), Sch. 13 para. 132(3); S.I. 1996/323, art. 4(1)(b)(c)

Marginal Citations

M1 1973 c. 65.

M2 1964 c. 67.