Clean Neighbourhoods and Environment Act 2005
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Change 1
99 Abandoned shopping and luggage trolleys
(1) Schedule 4 to the Environmental Protection Act 1990 (c. 43) is amended as follows. (2) In paragraph 3(2) (retention, return and disposal of trolleys: notice to owner) for “seized or removed” substitute “ seized and removed ”. (3) After paragraph 3 insert— 3A (1) This paragraph applies where the local authority is entitled to sell or otherwise dispose of a shopping or luggage trolley in accordance with paragraph 3(1)(b). (2) If it appears to the authority that a particular person is the owner of the trolley, the authority may charge him a sum in respect of the removal, storage and disposal of the trolley. (3) The charge is payable to the authority on demand. (4) The sum payable as a charge under this paragraph is recoverable by the authority as a debt due to it. (5) In proceedings against a person under sub-paragraph (4) for enforcement of a charge, it is a defence for the person to prove that he was not the owner of the trolley to which the charge relates at the time it was removed. (4) In paragraph 4 (charges)— (a) in sub-paragraph (1)— (i) for the words from “in fixing” to “sufficient” substitute “ in fixing the charges to be paid under this Schedule, shall secure that the charges so payable are such as are sufficient ”, and (ii) for “such trolleys” substitute “ shopping or luggage trolleys ”, and (b) in sub-paragraph (2), after “paragraph 3” insert “ or 3A ”.
99 Abandoned shopping and luggage trolleys
(1) Schedule 4 to the Environmental Protection Act 1990 (c. 43) is amended as follows. (2) In paragraph 3(2) (retention, return and disposal of trolleys: notice to owner) for “seized or removed” substitute “ seized and removed ”. (3) After paragraph 3 insert— 3A (1) This paragraph applies where the local authority is entitled to sell or otherwise dispose of a shopping or luggage trolley in accordance with paragraph 3(1)(b). (2) If it appears to the authority that a particular person is the owner of the trolley, the authority may charge him a sum in respect of the removal, storage and disposal of the trolley. (3) The charge is payable to the authority on demand. (4) The sum payable as a charge under this paragraph is recoverable by the authority as a debt due to it. (5) In proceedings against a person under sub-paragraph (4) for enforcement of a charge, it is a defence for the person to prove that he was not the owner of the trolley to which the charge relates at the time it was removed. (4) In paragraph 4 (charges)— (a) in sub-paragraph (1)— (i) for the words from “in fixing” to “sufficient” substitute “ in fixing the charges to be paid under this Schedule, shall secure that the charges so payable are such as are sufficient ”, and (ii) for “such trolleys” substitute “ shopping or luggage trolleys ”, and (b) in sub-paragraph (2), after “paragraph 3” insert “ or 3A ”.
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