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There are currently no known outstanding effects for the Climate Change (Scotland) Act 2009, Section 81.
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Valid from 31/10/2009
(1)The Scottish Ministers may, by regulations, confer power on local authorities to issue notices requiring—
(a)persons responsible for organising temporary events open to the public to provide facilities for the deposit of waste by persons attending those events;
(b)authorised persons to—
(i)collect waste deposited by virtue of paragraph (a);
(ii)ensure, in so far as reasonably practicable, that such waste collected by or transferred to them (whether in accordance with section 34 of the 1990 Act or otherwise) is recycled.
(2)The regulations may in particular include provision about—
(a)the events in relation to which notices can be issued;
(b)the circumstances in which facilities must be provided, including the places at which they must be provided;
(c)the persons for whom facilities must be provided;
(d)the kinds of waste for which facilities must be provided;
(e)the persons to whom notices can be issued;
(f)the content of notices;
(g)the form of and manner in which notices can be issued, including the times at which notices can be issued;
(h)appeals against notices;
(i)the circumstances in which authorised persons must collect waste, including which authorised persons must do so;
(j)the charging by authorised persons for collecting waste, recycling waste and otherwise ensuring waste is recycled;
(k)subject to section 89—
(i)the enforcement authority in relation to notices; and
(ii)the functions of that authority;
(l)the keeping of records by persons to whom notices are issued and their production to the enforcement authority;
(m)the enforcement of duties imposed by notices;
(n)offences in relation to failures to comply with requirements of notices.
(3)Local authorities must have regard to any guidance given by the Scottish Ministers to them in relation to the functions conferred on them by the regulations.
(4)The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions conferred on it by the regulations.
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