Part 9Miscellaneous

Shopping and luggage trolleys

99Abandoned shopping and luggage trolleys

(1)

Schedule 4 to the Environmental Protection Act 1990 (c. 43) is amended as follows.

(2)

In paragraph 3(2) (retention, return and disposal of trolleys: notice to owner) for “seized or removed” substitute “ seized and removed ”.

(3)

After paragraph 3 insert—

“3A

(1)

This paragraph applies where the local authority is entitled to sell or otherwise dispose of a shopping or luggage trolley in accordance with paragraph 3(1)(b).

(2)

If it appears to the authority that a particular person is the owner of the trolley, the authority may charge him a sum in respect of the removal, storage and disposal of the trolley.

(3)

The charge is payable to the authority on demand.

(4)

The sum payable as a charge under this paragraph is recoverable by the authority as a debt due to it.

(5)

In proceedings against a person under sub-paragraph (4) for enforcement of a charge, it is a defence for the person to prove that he was not the owner of the trolley to which the charge relates at the time it was removed.”

(4)

In paragraph 4 (charges)—

(a)

in sub-paragraph (1)—

(i)

for the words from “in fixing” to “sufficient” substitute “ in fixing the charges to be paid under this Schedule, shall secure that the charges so payable are such as are sufficient ”, and

(ii)

for “such trolleys” substitute “ shopping or luggage trolleys ”, and

(b)

in sub-paragraph (2), after “paragraph 3” insert “ or 3A ”.