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EPA Statutory undertakers

On July 29, 2011, in Legislation, Railways, Transport for London, Waterways, by PeterSilverman

The Environmental Protection Act (EPA) S 89 (1) (e) says: it shall be the duty of each designated statutory undertaker, as respects its relevant land, to ensure that the land is, so far as is practicable, kept clear of litter and refuse.

EPA S98 (6) Defines  “Statutory undertaker” as:    Any person authorised by any enactment to carry on any (a) railway, light railway, tramway, or road transport undertaking; (b)    canal, inland navigation, dock, harbour, or pier undertaking; or (c)   any relevant airport operator

EPA S 91 (1) (e) says: a magistrates’ court may act under this section on a complaint made by any person on the ground that he is aggrieved by the defacement, by litter or refuse, of any relevant land of a designated statutory undertaker.

EPA S 91 (4): Proceedings under this section shall be brought against the person who has the duty to keep the land clear under section 89(1).

EPA S86 (6) says: Subject to subsection (8) below, land is “relevant land” of a designated statutory undertaker if it is land which is under the direct control of any statutory undertaker or statutory undertaker of any description which may be designated by the Secretary of State, by order, for the purposes of this Part, being land to which the public are entitled or permitted to have access with or without payment or, in such cases as may be prescribed in the designation order, land in relation to which the public have no such right or permission.

The Litter (Statutory Undertakers) (Designation and Relevant Land) Order 1043/1991  states:

Designation of statutory undertakers:  2.  The statutory undertakers described below, and statutory undertakers of the descriptions described below, are designated for the purposes of Part IV of the Act (i.e the EPA)—

The British Railways Board and London Regional Transport, and any subsidiary or related company of London Regional Transport as defined in section 68 of the London Regional Transport Act 1984(1),

 any Passenger Transport Executive established pursuant to section9(1) of the Transport Act 1968(2), in so far as it is authorised by any enactment to carry on any railway undertaking,

 any person authorised by any enactment to carry on any light railway undertaking other than an independent railway undertaking within the meaning of section 83(7) of the Transport Act 1962(3)

 any person authorised by any enactment to carry on any tramway undertaking,

 any person authorised by any enactment to carry on any road transport undertaking, other than the operator of a licensed taxi or licensed hire car as defined in section 13(3) of the Transport Act 1985(4),

 any person authorised by any enactment to carry on any canal, inland navigation, dock, harbour or pier undertaking,

 any relevant airport operator (within the meaning of Part V of the Airports Act 1986((5)).

In other words, an organisation set up by an act of parliament and controlling land on which the operations of  trains, light railways, trams, canals,docks and harbours  take place are statutory undertakers for the purposes of the EPA.

In the case of the national rail network this would be the chief executive of Network Rail who have taken over the responsibilities of the British Railways Board for the rail infrastructure.

In the capital London Underground Ltd are, it would appear, the designated statutory undertaker for all of the tube including embankments and stations.

To try to get a complete this picture I submitted a freedom of information request to DEFRA asking for a list of statutory undertakers.  Theyt said they did not hold their names of the statutory undertakers!


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