if requested by the occupier of premises in its area to collect any commercial waste from the premises, to arrange for the collection of the waste.

the duty to arrange for the collection of the waste in question which is imposed on the collection authority by subsection (1)(a) of this section shall not arise until a person who controls the waste requests the authority to collect it; and

the authority may recover a reasonable charge for the collection of the waste from the person who made the request in respect of it in pursuance of the preceding paragraph.

to make such arrangements for the emptying of privies serving one or more private dwellings in its area as the authority considers appropriate and to make no charge for emptying done in pursuance of the arrangements;

if requested by the person who controls a cesspool serving only one or more private dwellings in its area to empty the cesspool, to remove such of the contents of the cesspool as the authority considers appropriate on payment if the authority so requires of a reasonable charge;

construct, lay and maintain, within or outside its area, pipes and associated works for the purpose of collecting waste in pursuance of this section;

contribute towards the cost incurred by another person in providing or maintaining pipes or associated works connecting with pipes provided by the authority in pursuance of the preceding paragraph.

sections 19(4) and 21 of that Schedule (which relate to the erection of street notices and the laying of service pipes) were omitted, and in section 22 of that Schedule the words “which they are authorised to lay” were omitted; and

for any reference to undertakers or limits of supply there were substituted respectively a reference to the authority in question and the area of the authority; and

for the reference to the special Act in section 25(4) of that Schedule there were substituted a reference to this subsection;

in subsection (5), paragraph (b) and the references to a cesspool occurring later in that subsection shall be omitted;

for subsection (7) there shall be substituted the following subsection:—

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

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.

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

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

no question as to whether F8any requirement specified in the notice is unreasonable shall be entertained in any proceedings for an offence under this section in respect of the notice.

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

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

the placing of the receptacles for that purpose on F13highwaysF13roads;

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

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.

the F15relevant highway authorityF15roads authority have given their consent to their being so placed; and

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

to provide, within or outside its area, places at which to deposit waste before the authority transfers it to a place or plant or equipment provided in pursuance of the following paragraph; and

to provide, within or outside its area, places at which to dispose of the waste and plant or equipment for processing it or otherwise disposing of it.

subject to the following paragraph, it shall be the duty of the authority to make a reasonable charge in respect of the use by another person of the facilities unless the authority considers it appropriate not to make a charge;

no charge shall be made in pursuance of this subsection in respect of household waste; and

anything delivered to the authority by another person in the course of using the facilities shall belong to the authority and may be dealt with accordingly.

be entitled to receive from an English collection authority such sums as are needed to defray the reasonable cost to the disposal authority of disposing of commercial and industrial waste delivered to the disposal authority by the collection authority in pursuance of this section; and

pay to an English collection authority a reasonable contribution towards expenditure reasonably incurred by the collection authority in delivering waste to the disposal authority in pursuance of subsection (1) of this section where the place of delivery is unreasonably far from the collection authority’s area;

to deliver the matter, in accordance with any directions of the F18sewerage undertaker of which the area includes that of the collection authority, at a place specified in the directions (which must be in or within a reasonable distance from the collection authority’s area) to the F18sewerage undertaker or to another person so specified;

to give to the F18sewerage undertaker from time to time a notice stating the quantity of the matter which the collection authority expects to deliver to or as directed by the F18sewerage undertaker in pursuance of the preceding paragraph during a period specified in the notice.

to provide, within or outside its area, places at which to deposit waste before the authority transfers it to a place or plant or equipment provided in pursuance of the following paragraph; and

to provide, within or outside its area, places at which to dispose of the waste and plant or equipment for processing it or otherwise disposing of it.

subject to the following paragraph, it shall be the duty of the authority to make a reasonable charge in respect of the use by another person of the facilities unless the authority considers it appropriate not to make a charge;

no charge shall be made in pursuance of this subsection in respect of household waste; and

anything delivered to the authority by another person in the course of using the facilities shall belong to the authority and may be dealt with accordingly.

to deliver the matter, in accordance with any directions of the regional council of which the area includes that of the collection authority, at a place specified in the directions (which must be in or within a reasonable distance from the collection authority’s area) to the regional council or another person so specified;

to give to the regional council from time to time a notice stating the quantity of the matter which the collection authority expects to deliver to or as directed by the regional council in pursuance of the preceding paragraph during a period specified in the notice;

to remove the waste from the land within a period specified in the notice, which shall not be less than twenty-one days beginning with the date of service of the notice; or

to take within such a period such steps as are so specified with a view to eliminating or reducing the consequences of the deposit of the waste,

the appellant neither deposited nor caused nor knowingly permitted the deposit of the waste on the land; or

service of the notice on the appellant was not authorised by the preceding subsection; or

there is a material defect in the notice;

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding F24£400F24level 5 on the standard scale and a further fine not exceeding £50 for each day on which the failure continues after conviction for the offence and before the authority which served the notice has begun to exercise its powers in pursuance of the following paragraph; and

the said authority may do what that person was required by the notice to do and may recover from him any expenses reasonably incurred by the authority in doing it.

in order to remove or prevent pollution of water or danger to public health it is necessary forthwith to remove the waste or to take other steps with a view to eliminating or reducing the consequences of the deposit of it or necessary forthwith to remove the waste and to take such other steps; or

there is no occupier of the land in question; or

the occupier of the land neither made nor knowingly permitted the deposit of the waste,

in a case falling within paragraph (a) of that subsection, from the occupier of the land unless he proves that he neither made nor caused nor knowingly permitted the deposit in question;

in any case, from any person who deposited or caused or knowingly permitted the deposit of any of the waste in question on the land,

for the giving of directions by disposal authorities with respect to matters connected with the disposal of special waste;

for securing that special waste is not, while awaiting disposal in pursuance of the regulations, kept at any one place in quantities greater than those which are prescribed and in circumstances which differ from those which are prescribed;

for requiring the occupier of premises on which special waste is situated to give notice of that fact and other prescribed information to a prescribed authority;

for the keeping of records by persons who produce or dispose of special waste or transfer it to another person for disposal, for the inspection of the records and for the furnishing by such persons to prescribed authorities of copies of or information derived from the records;

providing that a contravention of the regulations shall be an offence and prescribing the maximum penalty for the offence (which shall not exceed, on summary conviction, a fine of £400 and, on conviction on indictment, imprisonment for a term of two years and a fine).

requiring special waste of particular kinds to be disposed of only by disposal authorities or, in the case of special waste of a kind which the Secretary of State considers involves or may involve such a risk of damage to persons or animals or vegetation that it should be disposed of only by him, to be disposed of only by the Secretary of State;

for the supervision by disposal authorities (whether by the application with modifications of provisions of section 9 of this Act or otherwise) of activities authorised by virtue of the regulations;

as to the recovery of expenses or other charges for disposals by disposal authorities or the Secretary of State in pursuance of the regulations;

as to appeals to the Secretary of State from decisions of disposal authorities in pursuance of the regulations.

for the giving of a direction, in respect of any place in respect of which a disposal licence or a resolution in pursuance of section 11 of this Act is in force, requiring the holder of the licence or the authority which passed the resolution to accept and dispose of at the place, on such terms as are specified in the direction (including terms as to the making of payments to the recipient of the direction), such special waste as is so specified;

as to the consents to be obtained and the other steps to be taken before a direction may be given in pursuance of the regulations and as to appeals to the Secretary of State against a direction so given;

providing that a failure to comply with such a direction shall be an offence punishable on summary conviction by a fine not exceeding F25£400F25level 5 on the standard scale or such less amount as is prescribed and that a person shall not be guilty of an offence under any prescribed enactment by reason only of anything necessarily done or omitted in order to comply with such a direction.