Part 6The environment
Controlled waste and litter
57Directions in respect of duty under section 89 of 1990 Act
1
Sections 89, 91 and 92 of the 1990 Act shall be amended as follows.
2
In section 89 (duties to keep land etc. free of litter), after subsection (6) there shall be inserted—
6A
The Scottish Ministers may give to any person subject to a duty imposed by subsection (1) or (2) above such directions as they consider necessary or expedient for securing compliance by such person with such duty.
6B
A person to whom a direction is given under subsection (6A) shall comply with the direction.
6C
A direction under subsection (6A) may—
a
be given generally or to a specific person;
b
make different provision for different persons and different cases or circumstances;
c
include provision specifying, in relation to any factor by reference to which a person’s discharging of any such duty can be measured, standards to be met by the person.
6D
The Scottish Ministers shall—
a
cause—
i
any direction under subsection (6A) above; and
ii
any variation or revocation of such a direction,
to be published; and
b
cause copies of each such direction, variation or revocation to be made available to the public.
3
In section 91 (litter abatement orders: applications by aggrieved persons), in subsection (11)—
a
after “A”, where it first occurs, there shall be inserted—
a
direction under section 89(6A); or
b
the words “code of practice under section 89(7)” shall become paragraph (b); and
c
after “a”, where it secondly occurs, there shall be inserted “
direction or
”
.
4
In section 92 (litter abatement notices: litter authorities), in subsection (8)—
a
after “A”, where it first occurs, there shall be inserted—
a
direction under section 89(6A); or
b
the words “code of practice under section 89(7)” shall become paragraph (b); and
c
after “a”, where it secondly occurs, there shall be inserted “
direction or
”
.