What is a Litter Abatement Order?
To put it simply, a Litter Abatement Order is a Court Order (applied only to England, Scotland and Wales in the United Kingdom) which can be used by any individual or group to improve the cleanliness of their local environment. It allows any person to serve a notice (via a Magistrates Court in England & Wales or a Sheriff Court in Scotland) in order to get long standing litter problem cleared away by the Public Land Owners who own the land where it is a problem. Please note that Litter Abatement Orders do not apply to Private Land Owners whose land is not accessible to the Public.
Under the Environmental Protection Act 1990 (firstly for Section 1),
"It shall be the duty of—
(a) each local authority, as respects any relevant highway or, in Scotland, relevant road for which it is responsible,
(b) the Secretary of State, as respects any trunk road which is a special road and any relevant highway or relevant road for which he is responsible, (In other words, this covers Motorways)
(c) each principal litter authority, as respects its relevant land,
(d) the appropriate Crown (referring to any Court) authority, as respects its relevant Crown land,
(e) each designated statutory undertaker (such as Network Rail, whichever Train Operating Companies are in charge of operating your nearest train/underground station, etc) as respects its relevant land,
(f) the governing body of each designated educational institution (Schools, Colleges and Universities) or in Scotland such body or, as the case may be, the education authority responsible for the management of the institution, as respects its relevant land,
(g) the occupier of any relevant land within a litter control area of a local authority,
(2) Subject to subsection (6) below, it shall also be the duty of—
(a) each local authority, as respects any relevant highway or relevant road for which it is responsible,
(b) the Secretary of State, as respects any trunk road which is a special road and any relevant highway or relevant road for which he is responsible,
to ensure that the highway or road is, so far as is practicable, kept clean.
(3) In determining what standard is required, as respects any description of land, highway or road, for compliance with subsections (1) and (2) above, regard shall be had to the character and use of the land, highway or road as well as the measures which are practicable in the circumstances.
(4) Matter of any description prescribed by regulations made by the Secretary of State for the purposes of subsections (1) (a) and (2) above shall be litter or refuse to which the duties imposed by those subsections apply as respects relevant highways or relevant roads whether or not it would be litter or refuse apart from this subsection.
(5) It shall be the duty of a local authority, when discharging its duty under subsection (1) (a) or (2) above as respects any relevant highway or relevant road, to place and maintain on the highway or road such traffic signs and barriers as may be necessary for giving warning and preventing danger to traffic or for regulating it and afterwards to remove them as soon as they cease to be necessary for those purposes; but this subsection has effect subject to any directions given under subsection (6) below.
(6) In discharging its duty under subsection (1) (a) or (2) above to keep clear of litter and refuse or to clean any relevant highway or relevant road for which it is responsible, the local authority shall comply with any directions given to it by the highway or roads authority with respect to—
(a) the placing and maintenance of any traffic signs or barriers;
(b) the days or periods during which clearing or cleaning shall not be undertaken or undertaken to any extent specified in the direction;
and for the purpose of enabling it to discharge its duty under subsection (1) (a) or (2) above as respects any relevant highway or relevant road the local authority may apply to the highway authority or roads authority for that authority to exercise its powers under Section 14 (1) or (2) of the M1 Road Traffic Regulation Act 1984 (temporary prohibition or restriction of traffic).
(6A) The Scottish Ministers may give to any person subject to a duty imposed by subsection (1) or (2) above such directions as they consider necessary or expedient for securing compliance by such person with such duty.
(6B) A person to whom a direction is given under subsection (6A) shall comply with the direction.
(6C) A direction under subsection (6A) may—
(a) be given generally or to a specific person;
(b) make different provision for different persons and different cases or circumstances;
(c) include provision specifying, in relation to any factor by reference to which a person’s discharging of any such duty can be measured, standards to be met by the person.
(6D) The Scottish Ministers shall—
(a) cause—
(i) any direction under subsection (6A) above; and
(ii) any variation or revocation of such a direction,
to be published; and
(b) cause copies of each such direction, variation or revocation to be made available to the public.
(7) The Secretary of State shall prepare and issue a code of practice for the purpose of providing practical guidance on the discharge of the duties imposed by subsections (1) and (2) above.
(8) Different codes of practice may be prepared and issued under subsection (7) above for different areas.
(9) The Secretary of State may issue modifications of, or withdraw, a code issued under subsection (7) above; but where a code is withdrawn, he shall prepare and issue a new code under that subsection in substitution for it.
(10) Any person subject to any duty imposed by subsection (1) or (2) above shall have regard to the code of practice in force under subsection (7) above in discharging that duty.
(11) A draft code prepared under subsection (7) above shall be laid before both Houses of Parliament and shall not be issued until after the end of the period of 40 days beginning with the day on which the code was so laid, or if the draft is laid on different days, the later of the two days.
(12) If, within the period mentioned in subsection (11) above, either House resolves that the code the draft of which was laid before it should not be issued, the Secretary of State shall not issue that code.
(13) No account shall be taken in reckoning any period of 40 days for the purposes of (subsection (11) above) of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(13A) Subsections (11) to (13) shall not apply in respect of a draft code prepared under subsection (7) above which relates only to Scotland and such a code shall be laid before the Scottish Parliament and shall not be issued until after the end of the period of 40 days beginning with the day on which the code was so laid.
(13B) If within the period mentioned in subsection (13A) above the Scottish Parliament resolves that the code, the draft of which was laid before it, should not be issued the Scottish Ministers shall not issue that code.
(13C) No account shall be taken in reckoning any period of 40 days for the purposes of subsection (13A) above of any time during which the Scottish Parliament is dissolved or is in recess for more than 4 days.]
(14) In this section “traffic sign” has the meaning given in section 64(1) of the M2 Road Traffic Regulation Act 1984."
In other words, the 'Duty Bodies' are required by law to make sure that public land and roads under their control are kept free from litter and refuse, as far as is practicably possible and within reason.
Under Section 91 of the Environmental Protection Act 1990, via means of Summary Proceedings by anyone aggrieved by Litter (this is where British Law allows YOU to take action),
"(1) 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—
(a) any relevant highway;
(b) any trunk road which is a special road;
(c) any relevant land of a principal litter authority;
(d) any relevant Crown land;
(e) any relevant land of a designated statutory undertaker; or
(f) any relevant land of a designated educational institution; or
(g) any relevant land within a litter control area of a local authority.
(2) A magistrates’ court may also act under this section on a complaint made by any person on the ground that he is aggrieved by the want of cleanliness of any relevant highway or any trunk road which is a special road.
(3) A principal litter authority shall not be treated as a person aggrieved for the purposes of proceedings under this section.
(4) Proceedings under this section shall be brought against the person who has the duty to keep the land clear under section 89(1) above or to keep the highway clean under section 89(2) above, as the case may be.
(5) Before instituting proceedings under this section against any person, the complainant shall give to the person not less than five days written notice of his intention to make the complaint and the notice shall specify the matter complained of.
(6) If the magistrates’ court is satisfied that the highway or land in question is defaced by litter or refuse or, in the case of a highway, is wanting in cleanliness, the court may, subject to subsections (7) and (8) below, make an order (“a litter abatement order”) requiring the defendant to clear the litter or refuse away or, as the case may be, clean the highway within a time specified in the order.
(7) The magistrates’ court shall not make a litter abatement order if the defendant proves that he has complied, as respects the highway or land in question, with his duty under section 89(1) and (2) above.
(8) The magistrates’ court shall not make a litter abatement order where it appears that the matter complained of is the result of directions given to the local authority under section 89(6) above by the highway authority.
(9) A person who, without reasonable excuse, fails to comply with a litter abatement order shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale together with a further fine of an amount equal to one-twentieth of that level for each day on which the offence continues after the conviction.
(10) In any proceedings for an offence under subsection (9) above it shall be a defence for the defendant to prove that he has complied, as respects the highway or land in question, with his duty under section 89(1) and (2) above.
(11) A
(a) direction under section 89(6A); or
(b) code of practice under section 89(7)
shall be admissible in evidence in any proceedings under this section and if any provision of such a code appears to the court to be relevant to any question in the proceedings it shall be taken into account in determining that question.
(12) Where a magistrates’ court is satisfied on the hearing of a complaint under this section—
(a) that, when the complaint was made to it, the highway or land in question was defaced by litter or refuse or, as the case may be, was wanting in cleanliness, and
(b) that there were reasonable grounds for bringing the complaint,
the court shall order the defendant to pay such reasonable sum to the complainant as the court may determine in respect of the expenses incurred by the complainant in bringing the complaint and the proceedings before the court.
(13) In the application of this section to Scotland—
(a) for any reference to a magistrates’ court there shall be substituted a reference to the sheriff;
(b) for any reference to a complaint there shall be substituted a reference to a summary application, and “complainant” shall be construed accordingly;
(c) for any reference to the defendant there shall be substituted a reference to the person against whom the proceedings are taken;
(d) for any reference to a highway and a relevant highway there shall be substituted a reference to a road and a relevant road; and
(e) for any reference to a highway authority there shall be substituted a reference to a roads authority,
and any person against whom proceedings are brought may appeal on a point of law to the Court of Session against the making of a litter abatement order."
