Environmental Protection Act 1990

[F1 Designation E+W

Textual Amendments

F1 Sch. 3A inserted (E.W.) (6.4.2006 for E. and 15.3.2007 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 23(2), 108; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 4(j)

2 (1) A principal litter authority may by order in accordance with this paragraph designate land in its area for the purposes of this Schedule. E+W

(2) The land designated must consist of—

(a) relevant land of the authority;

(b) all or part of any relevant highway for which the authority is responsible; or

(c) both.

(3) A principal litter authority may only designate land where it is satisfied that the land is being defaced by the discarding of free printed matter which has been distributed there.

(4) Where a principal litter authority proposes to make an order under sub-paragraph (1) above in respect of any land, it must—

(a) publish a notice of its proposal in at least one newspaper circulating in an area which includes the land; and

(b) post such a notice on the land.

(5) A notice under sub-paragraph (4) above must specify—

(a) the land proposed to be designated;

(b) the date on which it is proposed that the order is to come into force (which may not be earlier than the end of a period of 28 days beginning with the day on which the notice is given);

(c) the fact that objections may be made to the proposal, how they may be made and the period within which they may be made (being a period of at least 14 days beginning with the day on which the notice is given).

(6) Where after giving notice under sub-paragraph (4) above and taking into account any objections duly made pursuant to sub-paragraph (5)(c) above an authority decides to make an order under sub-paragraph (1) above in respect of any or all of the land in respect of which the notice was given, the authority must—

(a) publish a notice of its decision in at least one newspaper circulating in an area which includes the land; and

(b) post such a notice on the land.

(7) A notice under sub-paragraph (6) above must specify the date on which the order is to come into force, being a date not earlier than—

(a) the end of the period of 14 days beginning with the day on which the notice is given; and

(b) the date referred to in sub-paragraph (5)(b) above.

(8) A principal litter authority may at any time revoke an order under sub-paragraph (1) above in respect of any land to which the order relates.

(9) A principal litter authority must—

(a) publish a notice of any revocation under sub-paragraph (8) above in at least one newspaper circulating in an area which includes the land in question; and

(b) post such a notice on the land.

(10) Sub-paragraph (1) above does not apply to an English county council for an area for which there is a district council.]