PART 3

Builders' Skips

Identifying the “owner” of a builder's skip
8
1
A relevant highway authority may, for the purposes of identifying who is responsible for paying a penalty charge for the purposes of section 61 of the 2007 Act as applied by virtue of section 9, require the relevant person to provide them with the name and address of the owner of the builder's skip.
2
In subsection (1), the “relevant person” is—
a
if a permission was given to a person in respect of the skip in question under section 139(1) of the 1980 Act and the penalty charge became payable during the period of the permission, that person;
b
if different from the person mentioned in paragraph (a) (if there is such a person), the person who the relevant highway authority have reason to believe—
i
in the case of a builder's skip that is the subject of a hiring agreement for a hire of not less than one month, the person from whom the skip was hired; and
ii
in the case of a builder's skip that is the subject of a hire purchase agreement, the bailor under that agreement.
3
The person identified by the relevant person shall be an individual, a body corporate, an unincorporated association or other body that is capable of being sued.
4
A requirement under this section shall specify the period within which it must be complied with, which must be a period no shorter than 14 working days beginning with the date on which the request was made.
5
A person on whom a requirement is imposed under this section commits an offence if—
a
without reasonable excuse he fails to comply within the period specified in accordance with subsection (4);
b
in responding to the requirement he gives information that he knows is false in a material particular.
6
A person convicted of an offence under subsection (5) is liable on summary conviction—
a
in the case of an offence under paragraph (a) to a fine not exceeding level 3 on the standard scale;
b
in the case of an offence under paragraph (b) to a fine not exceeding level 5 on the standard scale.