Environmental Protection Act 1990

99 Powers in relation to abandoned shopping and luggage trolleys. E+W+S

(1) A local authority may, subject to subsection (3) below, resolve that Schedule 4 to this Act is to apply in its area; and if a local authority does so resolve, that Schedule shall come into force in its area on the day specified in the resolution, which must not be before the expiration of the period of three months beginning with the day on which the resolution is passed.

(2) A local authority shall publish in at least one newspaper circulating in its area a notice that the authority has passed a resolution under this section and indicating the general effect of that Schedule.

(3) It shall be the duty of a local authority, before making any resolution for the application of Schedule 4 to this Act in its area, to consult with the persons or representatives of persons who appear to the authority to be persons who will be affected by the application of that Schedule.

(4) It shall be the duty of a local authority from time to time to consult about the operation of Schedule 4 to this Act with the persons or representatives of persons who appear to be affected by its operation.

(5) In this section “local authority” means—

(a) the council of a district;

(b) the council of a London borough;

(c) the Common Council of the City of London;

(d) the council of the Isles of Scilly;

[F1 (dd) in Wales, the council of a county or county borough;]and

(e) in Scotland, [F2 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(6) In Schedule 4 to this Act “the local authority” means any local authority which has resolved that that Schedule is to apply in its area.

Textual Amendments

F1 S. 99(5)(dd) inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 17(11) (with s. 54(7), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F2 Words in s. 99(5)(e) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 167(16); S.I. 1996/323, art. 4(1)(c)(d), Sch.2.