The Litter (Statutory Undertakers) (Designation and Relevant Land) (Amendment) Order 1992

Statutory Instruments

1992 No. 406

ENVIRONMENTAL PROTECTION

The Litter (Statutory Undertakers) (Designation and Relevant Land) (Amendment) Order 1992

Made

28th February 1992

Laid before Parliament

5th March 1992

Coming into force

1st April 1992

The Secretary of State for the Environment, as respects England, the Secretary of State for Wales, as respects Wales, and the Secretary of State for Scotland, as respects Scotland, in exercise of the powers conferred on them by section 86(6) and (15) of the Environmental Protection Act 1990(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Litter (Statutory Undertakers) (Designation and Relevant Land) (Amendment) Order 1992 and shall come into force on 1st April 1992.

Amendment of 1991 Order

2.—(1) The following paragraph shall be added to article 1 of the Litter (Statutory Undertakers) (Designation and Relevant Land) Order 1991(2)—

“(3) For the purposes of article 3 of this Order, land is in an urban area if it is surrounded by, or adjoins for a continuous distance of not less than one kilometre, built-up sites (other than sites used for horticultural or agricultural purposes) on which there are permanent structures, and—

(a) for the purpose of determining whether any distance is continuous, any gap between built-up sites of 50 metres or less shall be disregarded,

(b) highways, navigable rivers and operational land which is not relevant land—

(i) shall not be treated as built-up sites for the purposes of determining whether or not land is in an urban area,

(ii) shall be ignored for the purposes of determining whether or not land adjoins built-up sites.”.

(2) In article 3(2) of that Order, for the words “and which” there shall be substituted the words “and any other land which is not so situated but is land in an urban area, being in either case land which”.

Michael Heseltine

Secretary of State for the Environment

26th February 1992

David Hunt

Secretary of State for Wales

28th February 1992

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

27th February 1992

Explanatory Note

(This note is not part of the Order)

This Order, which applies throughout Great Britain, amends the Litter (Statutory Undertakers) (Designation and Relevant Land) Order1991 (S.I. 1991/1043). That Order extended the definition of relevant land of statutory railway undertakers for the purposes of Part IV of the Environmental Protection Act 1990 (Litter Etc.) to operational land within 100 metres of railway station platforms. This Order further extends that definition of relevant land to operational land in urban areas.

(1)

1990 c. 43.

(2)

S.I. 1991/1043.