Control of Pollution Act 1974

22 Street cleaning etc.

(1) It shall be the duty of each highway authority to undertake the cleaning of the highways for which it is the highway authority so far as the cleaning of the highways is necessary for the maintenance of the highways or the safety of traffic on them.

(2) It shall be the duty of each local authority to undertake the cleaning of the highways in its area so far as the cleaning of them appears to the authority to be necessary in the interests of public health or the amenities of the area ; but that duty shall not include a duty to undertake the cleaning of any special road which is a trunk road or any other cleaning falling to be done by a highway authority in pursuance of the preceding subsection.

(3) A local authority may, with the consent of any person who has an interest in or is the occupier of any relevant land, arrange for the cleaning of the land and may enter into an agreement with such a person for the payment by him of charges in respect of the cleaning; and in this subsection " relevant land " means any land in the open air to which members of the public have access, either as of right or otherwise, and which is not the site of a highway.

(4) In the preceding provisions of this section and in the following section—

• " highway " means highway maintainable at the public expense within the meaning of the [1959 c. 25.] Highways Act 1959:

• " local authority " means the council of a district or London borough and the Common Council of the City of London ; and

• " special road " and " trunk road " have the same meanings as in the Highways Act 1959.

(5) In the application of this section to Scotland the preceding subsection shall not have effect and in this section and in the following section—

• " highway " and " highway authority " have respectively the same meanings as in the Roads (Scotland) Act 1970; "local authority" means a collection authority;

• " special road " has the same meaning as in the [1949 c. 32.] Special Roads Act 1949;

• " trunk road " means a highway which by virtue of the Trunk Roads Acts 1936 and 1946 or an order under section 1 of the [1946 c. 30.] Trunk Roads Act 1946, or by virtue of section 9(1) of the said Act of 1949, is a trunk road.