PART 2

Public Health and the Environment

Waste and litter

Civic amenity sites
26
1
A borough council may require proof from a person depositing, intending to deposit or attempting to deposit refuse or waste at an amenity site that the person is resident in the area of the council or in the area of an adjoining local authority (such proof to be in such reasonable form as the council may specify).
2
Any person who fails to prove to the council’s reasonable satisfaction that he is resident in an area in accordance with a requirement under subsection (1) above may be the subject of a requirement under subsection (4) below.
3
If a council—
a
are satisfied that a person is depositing, intending to deposit or attempting to deposit at an amenity site refuse which is refuse falling to be disposed of in the course of a business; or
b
are satisfied that refuse or waste is being or has been deposited at an amenity site in contravention of any requirements made by them relating to the receptacles to be used for the deposit of refuse or waste,
the person depositing, intending to deposit or attempting to deposit the refuse or waste may be the subject of a requirement under subsection (4) below.
4
A requirement under this subsection is a requirement—
a
not to enter the site;
b
not to deposit waste or refuse at the site;
c
to discontinue depositing waste or refuse at the site; or
d
to retrieve any waste or refuse which has been deposited at the site and—
i
remove it from the site; or
ii
(in the case of waste or refuse which was placed in an incorrect receptacle) either place it in the correct receptacle or remove it from the site.
5
Any person who without reasonable excuse fails to comply with a requirement under subsection (4) above shall be guilty of an offence and liable on summary conviction—
a
in the case of an offence arising from an alleged failure to comply with a requirement under the said subsection (4) which was made as a result of the relevant authority being satisfied under subsection (3)(b) above, to a fine not exceeding level 1 on the standard scale;
b
in any other case to a fine not exceeding level 3 on the standard scale.
6
Any person who, in response to a requirement to show proof in accordance with subsection (1) above gives information which is false in a material particular and does so recklessly or knowing it to be false in that particular, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
7
In any proceedings for an offence under subsection (5) above, it shall be a defence—
a
(in the case of an alleged failure to comply with a requirement under subsection (4) above which was made as a result of the council not being satisfied under subsection (2) above), that the council’s requirements relating to the proof required by them were not made clear by the provision of signs at or near to the entrance to the amenity site;
b
(in the case of an alleged failure to comply with a requirement under subsection (4) above which was made as a result of the relevant authority being satisfied under subsection (3)(b)), that the council’s requirements relating to the receptacles to be used for the deposit of refuse or waste were not made clear by the provision of signs at the amenity site.
8
This subsection applies where a council have reasonable cause to believe that an offence under this section has been committed in their area by a person (in this section referred to as the “person responsible”) who was—
a
the driver of a vehicle in the amenity site;
b
in charge of a vehicle in the amenity site;
c
otherwise brought to the amenity site in a vehicle.
9
Where subsection (8) above applies, the council may by notice in writing, specifying the offence and the provision of this section to which the notice relates, require—
a
the registered keeper of the vehicle to give them such information as they may require as to the identity of the person responsible;
b
any other person to give them any information which it is in that person’s power to give and which may lead to the identification of the person responsible.
10
A person shall be guilty of an offence if he fails to comply with a requirement of a notice under subsection (9) above or knowingly or recklessly gives false information in relation to the notice.
11
In any proceedings for failing to comply with such a requirement brought against the registered keeper of the vehicle it shall be a defence if he shows to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained who was the person responsible.
12
A person guilty of an offence under subsection (10) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
13
Where on summary trial of an information for an offence referred to in subsection (10) above—
a
it is proved to the satisfaction of the court, on oath or in manner prescribed by rules made under section 144 of the Magistrates' Courts Act 1980 (c. 43), that a requirement under subsection (9) above to give information as to the identity of the person responsible on the particular occasion to which the information relates has been served on the accused; and
b
a written statement that the accused was the person responsible on that occasion is produced to the court; and
c
the statement purports to be signed by the accused,
the court may accept that statement as evidence that the accused was the person responsible.
14
In this section—
a
an “amenity site” means a place provided by a council in compliance with a duty to provide places where refuse may be deposited, by virtue of section 1 of the 1978 Act;
b
“local authority” means a borough council, a district council, or (in the case of a county in which there are no district councils) a county council;
c
“registered keeper” in respect of a vehicle at any time means the person in whose name the vehicle was at that time registered under the Vehicle Excise and Registration Act 1994 (c. 22).