You are here: Parliament home page > Parliamentary business > Bills and legislation > Bills before Parliament > Commons Bill
          House of Commons portcullis
House of Commons		 Session 1998-99
Internet Publications
Other Bills before Parliament

Recycling of Household Waste Bill

This is the text of the Recycling of Household Waste Bill, as presented to the House of Commons on 27th April 1999.

 
 
  
Recycling of Household Waste Bill
 
 
 
 
ARRANGEMENT OF CLAUSES
Clause 
1.Amendment of the Environmental Protection Act 1990.
2.Short title.
 

 

 
 
A

B I L L

TO

Amend the Environmental Protection Act 1990 to require waste collection authorities to provide receptacles for recyclable and non-recyclable household waste on demand.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
 

Amendment of the Environmental Protection Act 1990.     1. - (1) The Environmental Protection Act 1990 is amended as follows.
 
      (2) After section 46 (receptacles for household waste) insert the following new section-
 
 
"Provision of receptacles for household waste on demand.     46A. - (1) Where a waste collection authority has determined not to use its powers under section 46 above it shall, on request from the occupier of a premises in relation to which it has a duty by virtue of section 45(1)(a) above to arrange for the collection of household waste, provide the occupier with separate receptacles or compartments of receptacles to be used for-
 
    (a) compostable waste which is to be recycled;
 
    (b) non-compostable waste which is to be recycled; and
 
    (c) waste which is not to be recycled.
      (2) Subject to subsection (4) below, in meeting a request under subsection (1) above the authority may, as respects the provision of the receptacles-
 
 
    (a) determine that they be provided by the authority free of charge;
 
    (b) propose that they be provided, if the occupier agrees, by the authority on payment by him of such a single payment or such periodical payments as he agrees with the authority; or
 
    (c) require the occupier to provide them if he does not within a specified period enter into an agreement under paragraph (b) above.
      (3) Subject to subsection (4) below, in meeting a request under subsection (1) above, the authority may make provision with respect to-
 
 
    (a) the size, construction and maintenance of the receptacles;
 
    (b) the placing of the receptacles for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose;
 
    (c) the placing of the receptacles for that purpose on highways or, in Scotland, roads;
 
    (d) the substances or articles which may or may not be put into the receptacles or compartments of receptacles of any description and the precautions to be taken where particular substances or articles are put into them; and
 
    (e) the steps to be taken by occupiers of premises to facilitate the collection of waste from the receptacles.
      (4) An authority may arrange for another authority to provide services on their behalf in meeting a request under subsection (1) above in so far as that request relates to the provision of receptacles for compostable waste which is to be recycled.
 
      (5) No receptacle provided under subsection (1) above shall be placed on a highway or, as the case may be, road, unless-
 
 
    (a) the relevant highway authority or roads authority have given their consent to their being so placed; and
 
    (b) arrangements have been made as to the liability for any damage arising out of their being so placed.
      (6) A person who fails, without reasonable excuse, to comply with any requirements imposed under subsection (2)(c) or (3) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
 
      (7) Where an occupier is provided with receptacles under subsection (1) above he may, within the period allowed by subsection (8) below, appeal to a magistrates' court or, in Scotland, to the sheriff by way of summary application against any requirement imposed under subsection (2)(c) or (3) above on the ground that-
 
 
    (a) the requirement is unreasonable; or
 
    (b) the receptacles in which household waste is placed for collection from the premises are adequate.
      (8) The period allowed to the occupier of premises for appealing against such a requirement is the period of twenty-one days beginning-
 
 
    (a) in a case where a period was specified under subsection (2)(c) above, with the end of that period; and
 
    (b) where no period was specified, with the day on which the notice making the requirement was served on him.
      (9) Where an appeal against a requirement is brought under subsection (7) above-
 
 
    (a) the requirement shall be of no effect pending the determination of the appeal;
 
    (b) the court shall either quash or modify the requirement or dismiss the appeal; and
 
    (c) no question as to whether the requirement is, in any respect, unreasonable shall be entertained in any proceedings for an offence under subsection (6) above.
      (10) In this section "receptacle" includes a holder for receptacles.".
 
Short title.     2. This Act may be cited as the Recycling of Household Waste Act 1999.
 
 

 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries
© Parliamentary copyright 1999
Prepared 28 April 1999