From: Peter Silverman [mailto:email@example.com]
Sent: 01 March 2010 17:31
Subject: M40 / UKH / Cleaning
Thank you for your letter of 23rd Feb (Section 91 Notice).
You say the S of S for Transport has discharged all duties to UK Highways to act (as the) Litter Authority in accordance with EPA. However the S of S is not a Principal Litter Authority as define in EPA S86.
Under S89 (2) the SoS does have a duty to ensure that Motorways are, so far as is practicable, kept clean. I assume what you mean is that under the contract with UKH the SoS has stipulated that UKH must do this. UKH would then be responsible to the SoS but the SoS would still be responsible to the nation as a whole
How therefore does the SoS, presumably through the HA, monitor the performance of UKH in this respect? Does the HA set or agree cleaning schedules? Does the HA carry out its own inspections?
Please send me a copy of the sections of the contact with UKH which deal with cleaning, preferably electronically.
Could you also explain the relationship between the Highways Agency and the Ministry of Transport. Is it just a department of the MoT or does it have some special statutory basis?
I look forward to hearing from you.
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