Search Legislation

Environmental Protection Act 1990

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 71

 Help about opening options

Changes to legislation:

Environmental Protection Act 1990, Section 71 is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

71 Obtaining of information from persons and authorities.E+W+S

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)For the purpose of the discharge of their respective functions under this Part—

(a)the Secretary of State, and

(b)a waste regulation authority,

may, by notice in writing served on him, require any person to furnish such information specified in the notice as the Secretary of State or the authority, as the case may be, reasonably considers he or it needs, in such form and within such period following service of the notice [F2, or at such time,] as is so specified.

[F3(2A)A waste collection authority has the power referred to in subsection (2) for the purpose of the discharge of its functions under sections 34B and 34C above.]

(3)A person who—

(a)fails, without reasonable excuse, to comply with a requirement imposed under subsection (2) [F4or (2A)] above; F5. . .

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall be liable—

(i)on summary conviction, to a fine not exceeding the statutory maximum;

(ii)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

[F7(4)The Secretary of State may, by notice in writing, require a waste regulation authority or waste collection authority in England and Wales to supply to him, or to such other person as may be specified in the notice, such information as may be so specified in respect of—

(a)cases where the authority has exercised any powers under section 59 [F8, 59ZA, 59ZB or 59ZC] above, and

(b)cases where the authority has taken action under any other enactment in respect of any deposit or other disposal of controlled waste in contravention of section 33(1) above.]

F9(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 71(1) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 86(1), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/186, art.3.

F2Words in s. 71(2) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 86(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art.3.

F3S. 71(2A) inserted (16.3.2006 for W. for specified purposes, 3.3.2015 for E. for specified purposes, 6.4.2015 in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 46(2)(a), 108(1)(2); S.I. 2006/768, art. 3; S.I. 2015/425, arts. 2(b), 4(1)(b)

F4Words in s. 71(3) inserted (16.3.2006 for W. for specified purposes, 3.3.2015 for E. for specified purposes, 6.4.2015 in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 46(2)(b), 108(1)(2); S.I. 2006/768, art. 3; S.I. 2015/425, arts. 2(b), 4(1)(b)

F5Word immediately preceding s. 71(3)(b) repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/186, art.3

F6S. 71(3)(b) repealed (1.4.1996) by 1995 c. 25, ss. 112, 120(3), Sch. 19 para. 4(2), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/186, art.3.

F7S. 71(4) inserted (E.W.) (31.3.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 55(5), 93; S.I. 2004/690, art. 3; S.I. 2004/999, art. 2

Modifications etc. (not altering text)

C2S. 71 applied (with modifications) (1.4.1999) by S.I. 1998/2746, reg.15.

C3S. 71(2)(3) applied (1.5.1994) by S.I. 1994/1056, reg. 20(8).

S. 71(2)(3) amended (1.5.1994) by S.I. 1994/1056, reg. 19, Sch. 4 Pt. I para. 13(2).

Commencement Information

I1S. 71 wholly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2

Back to top

Options/Help

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?