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Litter Abatement Order – draft wording

On August 30, 2011, in Legislation, Magistrates Court, by PeterSilverman
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This draft is based on DEFRA’s  Litter Abatement Notice – Model Form ENVIRONMENTAL PROTECTION ACT 1990 SECTION 92(1)  but heavily modified to take account of the differences between S91 (action by a citizen) and s92 (action by a Principal Litter Authority – usually a local authority. Comments would be appreciated.

XXXX Magistrates Court

Address

Litter Abatement Order

 ENVIRONMENTAL PROTECTION ACT 1990 SECTION 91(1)

The Magistrates being satisfied that the relevant highway/ land (delete as appropriate) described in paragraph 2 is defaced by litter or refuse, and the responsible body described in paragraph 1 has not complied with his duty, as respects the highway/land (delete as appropriate) in question, and (delete following unless responsible body is a local authority and the complaint was about a highway) that the matter complained of is not a result of directions given to the local authority under section 89(6).

1

This Notice is served on the following

Crown authority/designated statutory undertaker/ governing body of a designated educational institution (delete as appropriate), as the responsible body having a duty under section 89(1) of the Environmental Protection Act 1990 to keep its relevant land, so far as is practicable, clear of litter or refuse:

Name of responsible body: ……………………..

Address:  ……………………………

and, requires that the litter or  refuse is cleared within …….. (specify time period for compliance, e.g. 7 days) from the date on which this notice is served.

2

The relevant land to which this notice applies is the land which –

1. is delineated and shown (describe colouring or other method used to identify the land on the map) on the map forming part of this Notice, and
2. is briefly described in the Schedule to this Notice.

 3

An appeal may be made on a point of law to the Court of Sessions against the making of this Litter Abatement Order.

4

If you fail without reasonable excuse to comply with the order in paragraph 1 you may be prosecuted.  If you are prosecuted and convicted the maximum penalty is a fine not exceeding level 4 on the standard scale (currently ₤2,500), plus further fines of one-twentieth of that sum (currently £125) a day for each day that the offence continues after conviction.

SCHEDULE
(Description of relevant land)

 

 

DATE

 

 

Justice of the Peace / Justices Clerk

[Prepared by Peter Silverman of www.cleanhighways.co.uk as a guide for the courts]

 

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