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The Highway Litter Clearance and Cleaning (Transfer of Responsibility) (England) Order 2009  contains an EXPLANATORY MEMORANDUM THE HIGHWAY LITTER CLEARANCE AND CLEANING (TRANSFER OF RESPONSIBILITY) (ENGLAND) ORDER 2009 2009 No. 2677.

This states in reference to the transfer of cleaning responsibilities for various roads  from the relevant local authorities to the Secretary of State for Transport:

7.3 The DFBO Operators and the Highways Agency Contractors (for the A414) will therefore undertake the responsibility of ensuring the land and highways as specified in the instrument are so far as is practicable kept clean under the terms of the DFBO contract. This will allow for a more efficient, higher quality and safer litter picking operation.

The embolden (by me) text is fair rendering of the EPA S89(1) duty.  A contractor however cannot undertake a responsibility which is the statutory duty of the Secretary of State.

The main point I want to make is that guidance from the Litter Code of Practice  is then used to downgrade this statutory duty to:

12.2 The DFBO Operator is as far as reasonably practicable required to ensure roads are kept at a Grade A standard for paved areas and a Grade B (or higher) standard for verges and other soft areas. If this target is not met operators are obliged to meet the above standards within 28 days from Grade C and within 7 days from Grade D.

Peter Silverman
29th February 2016

 

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