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EPA Section 91 summons template

On January 22, 2011, in Legislation, by PeterSilverman
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Summons

<name of court e.g. Wigan Magistrates Court>
< Address of court>
Date:

<leave blank – for court to fill in>

Complainant:

<fill in your name and address>

Defendant:

<name and address of the person who you are complaining about>

<For Highways Authority roads including motorways this would be “Secretary of State for Transport. Great Minster House, 76 Marsham St, London SW1P 4DR”

For all other roads this would be the Chief Executive of the relevant local authority>

Matter of complaint:

That the part of the <name road and carriageway> between <X and Y etc > with particular reference to <e.g. the grass verges / embankments etc etc > is defaced by litter and refuse that the defendant has a duty under S89(1) of the Environmental Protection Act 1990 to ensure so far as is practicable  the said highway is kept clear of litter and refuse and the complainant therefore now makes an application to the court to make a Litter Abatement Order requiring the defendant to clear the litter and refuse away pursuant to Section 91(6) of the Environmental Protection Act 1990.

Date of hearing:

<leave blank – for court to fill in>

Time of hearing:

<leave blank – for court to fill in>

The above complaint has been made before me .  You the defendant  are hereby summoned to appear on the date and time shown above at  <Repeat name and address of the court shown at the top>

<Space for stamp and signature by court official>

Justice of the Peace / Justices Clerk

 

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