Control of Pollution Act 1974

[F1 13 Dustbins etc. E+W

[F2 (1) Where a collection authority has a duty by virtue of subsection (1)(a) of the preceding section to arrange for the collection of household waste from any premises, the authority may, by a notice served on the occupier of the premises, require him to place the waste for collection in receptacles which are of a kind and number reasonably specified in the notice.

(1A) A person who fails to comply with any of the requirements of such a notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F3 level 3 on the standard scale]]].

(2) A notice served by an authority in pursuance of the preceding subsection may provide for the receptacles in question to be provided by the authority free of charge or—

(a) if the recipient of the notice agrees, by the authority on payment by the recipient of the notice of such a single payment or such periodical payments as he agrees with the authority; or

(b) by the recipient of the notice if he does not enter into an agreement in pursuance of the preceding paragraph within a period specified in the notice or the notice does not propose such an agreement.

(3) Where by virtue of such a notice the recipient of it is required to provide any receptacles he may within the period of twenty-one days beginning with the last day of the period specified in the notice in pursuance of paragraph (b) of the preceding subsection or, where no period is so specified, beginning with the day on which the notice is served on him, appeal to a magistrates’ court against the notice on the ground that [F4 any requirement specified in] the notice is unreasonable or on the ground that the receptacles in which household waste in the premises in question is placed for collection are adequate; and where an appeal against a notice is brought in pursuance of this subsection—

(a) the notice shall be of no effect pending the determination of the appeal; and

(b) the court shall either quash or modify the notice or dismiss the appeal; and

(c) no question as to whether [F5 any requirement] specified in the notice is unreasonable shall be entertained in any proceedings for an offence under this section in respect of the notice.

(4) An [F6 English disposal authority] and any collection authority may at the request of any person supply him with receptacles for commercial waste or industrial waste which he has requested the authority to arrange to collect and shall make a reasonable charge for any receptacle supplied in pursuance of this subsection unless in the case of a receptacle for commercial waste the authority considers it appropriate not to make a charge.

[F7 (5) If it appears to a collection authority that there is likely to be situated, on any premises in its area, commercial waste or industrial waste of a kind which, if the waste is not stored in receptacles of a particular kind, is likely to cause a nuisance or to be detrimental to the amenities of the locality in which the premises are situated, the authority may, by a notice served on the occupier of the premises, require him to provide at the premises receptacles for the storage of such waste which are of a kind and number reasonably specified in the notice.

(5A) A person who fails to comply with any requirement specified in a notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F3 level 3 on the standard scale]].

(6) A person on whom a notice is served in pursuance of the preceding subsection may, within the period of twenty-one days beginning with the day on which the notice is served on him, appeal to a magistrates’ court against the notice on the grounds that [F8 any requirement] specified in the notice is unreasonable or that the waste is not likely to cause a nuisance or be detrimental to the amenities of the locality in which the premises are situated; and where an appeal against a notice is brought in pursuance of this subsection, paragraph (a) to (c) of subsection (3) of this section shall apply in relation to the notice as they apply in relation to such a notice as is mentioned in that subsection.

[F9 (7) A notice under subsection (1) or (5) of this section may make provision with respect to—

(a) the size, construction and maintenance of receptacles for controlled waste;

(b) the placing of the receptacles on premises for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;

(c) the placing of the receptacles for that purpose on highways;

(d) the substances which may and may not be put into the receptacles and the precautions to be taken where particular substances are put into them; and

(e) the steps to be taken by occupiers of premises for the purposes of facilitating the collection of waste from receptacles for controlled waste which are provided in connection with the premises.

(7A) A notice under subsection (1) or (5) of this section shall not require receptacles to be placed on a highway unless—

(a) the relevant highway authority have given their consent to their being so placed; and

(b) arrangements have been made as to the liability for any damage arising out of their being so placed.]

(8) References to receptacles in the preceding provisions of this section include references to holders for receptacles.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F1 S. 13 repealed (1.4.1992) (save in so far as it relates to industrial waste in England and Wales) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1992/266, art. 3.

F2 S. 13(1)(1A) substituted for s. 13(1) by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para. 10(1)

F3 Words “level 3 on the standard scale” substituted (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F4 Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para. 10(2)(a)

F5 Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para. 10(2)(b)

F6 Words substituted (1.4.1986) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 3(2)

F7 S. 13(5)(5A) substituted for s. 13(5) by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para. 10(3)

F8 Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para. 10(4)

F9 S. 13(7)(7A) substituted for s. 13(7) by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para. 10(5)

Modifications etc. (not altering text)

C3 By S.I. 1985/1884, art. 5, Sch. 2 para. 9 (which was made under the power in s. 10(1)(3)(6)(7) of Local Government Act 1985 (c. 51, SIF 81:1) which power by virtue of s. 10(3) thereof was exercisable at any time before 1.4.86) it was provided (E.W.) that (coming into operation on 29.12.1985) s. 13(4) shall be modified to have effect as if after “English county disposal authority” there were inserted “, a London waste disposal authority”

[F10 13 Dustbins etc. S

[F11 (1) Where a collection authority has a duty by virtue of subsection (1)(a) of the preceding section to arrange for the collection of household waste from any premises, the authority may, by a notice served on the occupier of the premises, require him to place the waste for collection in receptacles which are of a kind and number reasonably specified in the notice.

(1A) A person who fails to comply with any of the requirements of such a notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F12 level 3 on the standard scale]]].

(2) A notice served by an authority in pursuance of the preceding subsection may provide for the receptacles in question to be provided by the authority free of charge or —

(a) if the recipient of the notice agrees, by the authority on payment by the recipient of the notice of such a single payment or such periodical payments as he agrees with the authority; or

(b) by the recipient of the notice if he does not enter into an agreement in pursuance of the preceding paragraph within a period specified in the notice or the notice does not propose such an agreement.

(3) Where by virtue of such a notice the recipient of it is required to provide any receptacles he may within the period of twenty-one days beginning with the last day of the period specified in the notice in pursuance of paragraph (b) of the preceding subsection or, where no period is so specified, beginning with the day on which the notice is served on him, appeal to a magistrates’ court against the notice on the ground that [F13 any requirement specified in] the notice is unreasonable or on the ground that the receptacles in which household waste in the premises in question is placed for collection are adequate; and where an appeal against a notice is brought in pursuance of this subsection—

(a) the notice shall be of no effect pending the determination of the appeal; and

(b) the court shall either quash or modify the notice or dismiss the appeal; and

(c) no question as to whether [F14 any requirement] specified in the notice is unreasonable shall be entertained in any proceedings for an offence under this section in respect of the notice.

(4) An [F15 English disposal authority] and any collection authority may at the request of any person supply him with receptacles for commercial waste or industrial waste which he has requested the authority to arrange to collect and shall make a reasonable charge for any receptacle supplied in pursuance of this subsection unless in the case of a receptacle for commercial waste the authority considers it appropriate not to make a charge.

[F16 (5) If it appears to a collection authority that there is likely to be situated, on any premises in its area, commercial waste or industrial waste of a kind which, if the waste is not stored in receptacles of a particular kind, is likely to cause a nuisance or to be detrimental to the amenities of the locality in which the premises are situated, the authority may, by a notice served on the occupier of the premises, require him to provide at the premises receptacles for the storage of such waste which are of a kind and number reasonably specified in the notice.

(5A) A person who fails to comply with any requirement specified in a notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding [F12 level 3 on the standard scale]].

(6) A person on whom a notice is served in pursuance of the preceding subsection may, within the period of twenty-one days beginning with the day on which the notice is served on him, appeal to a magistrates’ court against the notice on the grounds that [F17 any requirement] specified in the notice is unreasonable or that the waste is not likely to cause a nuisance or be detrimental to the amenities of the locality in which the premises are situated; and where an appeal against a notice is brought in pursuance of this subsection, paragraph (a) to (c) of subsection (3) of this section shall apply in relation to the notice as they apply in relation to such a notice as is mentioned in that subsection.

[F18 (7) A notice under subsection (1) or (5) of this section may make provision with respect to—

(a) the size, construction and maintenance of receptacles for controlled waste;

(b) the placing of the receptacles on premises for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;

(c) the placing of the receptacles for that purpose on [F19 roads];

(d) the substances which may and may not be put into the receptacles and the precautions to be taken where particular substances are put into them; and

(e) the steps to be taken by occupiers of premises for the purposes of facilitating the collection of waste from receptacles for controlled waste which are provided in connection with the premises.

(7A) A notice under subsection (1) or (5) of this section shall not require receptacles to be placed on a [F20 road] unless—

(a) the [F21 roads authority] have given their consent to their being so placed; and

(b) arrangements have been made as to the liability for any damage arising out of their being so placed.]

(8) References to receptacles in the preceding provisions of this section include references to holders for receptacles.

Textual Amendments

F10 S. 13 repealed (1.4.1992) (save in so far as it relates to industrial waste in England and Wales) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. II; S.I. 1992/266, art. 3.

F11 S. 13(1)(1A) substituted for s. 13(1) by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para. 10(1)

F12 Words “level 3 on the standard scale” substituted (11.4.1983) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F13 Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para. 10(2)(a)

F14 Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para. 10(2)(b)

F15 Words substituted (1.4.1986) as provided by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 3(2)

F16 S. 13(5)(5A) substituted for s. 13(5) by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para. 10(3)

F17 Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para. 10(4)

F18 S. 13(7)(7A) substituted for s. 13(7) by Local Government, Planning and Land Act 1980 (c. 65), s. 1(2), Sch. 2 para. 10(5)

F19 Words in s. 13(7)(c) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(2)(a)

F20 Words in s. 13(7A) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(2)(a)(i)

F21 Words in s. 13(7A)(a) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(2)(b)(ii)

Modifications etc. (not altering text)

C4 By S.I. 1985/1884, art. 5, Sch. 2 para. 9 (which was made under the power in s. 10(1)(3)(6)(7) of Local Government Act 1985 (c. 51, SIF 81:1) which power by virtue of s. 10(3) thereof was exercisable at any time before 1.4.86) it was provided (E.W.) that (coming into operation on 29.12.1985) s. 13(4) shall be modified to have effect as if after “English county disposal authority” there were inserted “, a London waste disposal authority”