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Refuse Disposal (Amenity) Act 1978 (Version in vigour from 2012-04-01 to )

Consolidated Text As Enacted Cited authorities 34 Cited in Related
Vincent
CurrencyNo known outstanding effects
Coming into Force01 April 2012
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    • (1) It shall be the duty of a local authority to provide places where refuse, other than refuse falling to be disposed of in the course of a business, may be deposited at all reasonable times free of charge by persons resident in the area of the authority and, on payment of such charges (if any) as the authority think fit, by other persons F1and to dispose of refuse so deposited.(2) Any place provided by a local authority in pursuance of subsection (1) above shall either be situated within the area of the authority or, if not so situated, be reasonably accessible to persons resident in that area; and a local authority may if they think fit, without prejudice to the generality of their duty under subsection (1) above, determine that any such place shall be available for the deposit of refuse of such descriptions only as are specified in the determination.permit, on such terms as they think fit, the deposit at a place provided by them in pursuance of this section of refuse falling to be disposed of in the course of a business;provide plant and apparatus for the treatment or disposal of refuse deposited at such a place; andsell or otherwise dispose of any such refuse.(4) The power of a local authority to provide places, plant and apparatus and to accept and dispose of refuse in pursuance of the foregoing provisions of this section includes power to enter into an agreement with any other person for the provision of facilities by him for the purposes of those provisions at any place under his control.(5) No action shall lie against a local authority in respect of damage resulting from their failure to carry out their duty under this section; but if the Secretary of State is satisfied, after holding a local inquiry, that a local authority have failed to carry out that duty he may by order require the authority to take such steps for carrying it out as are specified in the order.(6) An order under subsection (5) above shall be enforceable on the application of the Secretary of State by F2by proceedings under s. 45 of the Court of Session Act 1988.(7) In this section—(8) On the relevant date, for subsection (1) of this section there shall be substituted the following subsection:—
      (1) It shall be the duty of a local authority to provide places where refuse, other than refuse falling to be disposed of in the course of a business, may be deposited at all reasonable times (including at least one period of time on the Saturday or the following day of each week except a week in which the Saturday is 25th December or 1st January) free of charge by any person.
    .    It shall be the duty of a local authority to provide places where refuse, other than refuse falling to be disposed of in the course of a business, may be deposited at all reasonable times (including at least one period of time on the Saturday or the following day of each week except a week in which the Saturday is 25th December or 1st January) free of charge by any person.abandons on any land in the open air, or on any other land forming part of a F4highwayF4road, a motor vehicle or anything which formed part of a motor vehicle and was removed from it in the course of dismantling the vehicle on the land; orabandons on any such land any thing other than a motor vehicle, being a thing which he has brought to the land for the purpose of abandoning it there,(2) For the purposes of subsection (1) above, a person who leaves any thing on any land in such circumstances or for such a period that he may reasonably be assumed to have abandoned it or to have brought it to the land for the purpose of abandoning it there shall be deemed to have abandoned it there or, as the case may be, to have brought it to the land for that purpose unless the contrary is shown.(3) In Scotland, an offence under this section may be prosecuted in any court of summary jurisdiction within the meaning of F6section 307(1) of the Criminal Procedure (Scotland) Act 1995 having jurisdiction in the place where the offence was committed.(1) Where on any occasion it appears to an authorised officer of a local authority that a person has committed an offence under section 2(1) (a) above in the area of that authority, the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the authority.no proceedings may be instituted for that offence before the expiration of the period of fourteen days following the date of the notice; andhe may not be convicted of that offence if he pays the fixed penalty before the expiration of the period.(3) A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.the period during which, by virtue of subsection (2) above, proceedings will not be taken for the offence;the amount of the fixed penalty; andthe person to whom and the address at which the fixed penalty may be paid.(5) Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (4) (c) above at the address so mentioned.(6) Where a letter is sent in accordance with subsection (5) above payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.(7) The form of a notice under this section is to be such as the appropriate person may by order prescribe.

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