Statutory Instruments
ENVIRONMENTAL PROTECTION
Made
9th April 1991
Laid before Parliament
10th April 1991
Coming into force
1st May 1991
The Secretary of State for the Environment, as respects England, theSecretary of State for Wales, as respects Wales, and the Secretary ofState for Scotland, as respects Scotland, in exercise of the powersconferred on them by section 86(14) and (15) of the EnvironmentalProtection Act 1990(1), and of all other powers enabling them in that behalf,hereby make the following Order:—
1. This Order may be cited as the Litter (Animal Droppings) Order 1991and shall come into force on 1st May 1991.
2. The provisions of Part IV of the Environmental Protection Act 1990which apply to refuse shall apply to dog faeces on land of the followingdescriptions which is not heath or woodland or used for the grazing ofanimals:
any public walk or pleasure ground;
any land, whether inclosed or not, on which there are no buildings or of which no more than one-twentieth part is covered with buildings, and the whole or the remainder of which is laid out as a garden or is used for the purposes of recreation;
any part of the seashore (that is to say every cliff, bank, barrier, dune, beach, flat or other land adjacent to and above the place to which the tide flows at mean high water springs) which is—
frequently used by large numbers of people, and
managed by the person having direct control of it as a tourist resort or recreational facility;
any esplanade or promenade which is above the place to which the tide flows at mean high water springs;
any land not forming part of the highway, or, in Scotland, a public road, which is open to the air, which the public are permitted to use on foot only, and which provides access to retail premises;
a trunk road picnic area provided by the Minister under section 112 of the Highways Act 1980(2) or, in Scotland, by the Secretary of State under section 55 of the Roads (Scotland) Act 1984(3);
a picnic site provided by a local planning authority under section 10(2) of the Countryside Act 1968(4) or, in Scotland, a picnic place provided by an islands or district council or a general or district planning authority under section 2(2)(a)(i) of the Local Government (Development and Finance) (Scotland) Act 1964(5);
land (whether above or below ground and whether or not consisting of or including buildings) forming or used in connection with off-street parking places provided in accordance with section 32 of the Road Traffic Regulation Act 1984(6).
Michael Heseltine
Secretary of State for the Environment
4th April 1991
David Hunt
Secretary of State for Wales
9th April 1991
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
8th April 1991
(This note is not part of the Order)
This Order is made under section 86(14) and (15) of the Environmental Protection Act 1990 (“the Act”), which enables the Secretary of State to apply the provisions ofPart IV of the Act (Litter, Etc.) which apply to refuse to anydescription of animal droppings in all or any prescribed circumstances.The Order provides that Part IV of the Act will apply to dog faeces onthe kinds of land prescribed in article 2.
1964 c. 67; section 2(2) is to to be read with section9(1) of and Schedule 12 to the Local Government and Planning (Scotland)Act 1982 (c. 43).
1984 c. 27; section 32 was extended to Scotland bysection 125 of, and was amended by section 93(14) of, and Schedule 9 to,the Roads (Scotland) Act 1984.