Section 58 | Household Waste: De-Criminalisation | Deregulation Act 2015 C20

58 Household waste: de-criminalisation

Deregulation Act 2015 (2015 c 20) | Legislation

58 Household waste: de-criminalisation

(1) Part 2 of the Environmental Protection Act 1990 (waste on land) is amended in accordance with subsections (2) to (5).

(2) In section 46 (receptacles for household waste), in subsection (6) (offence of failing to comply with requirements relating to receptacles), after “requirements imposed” insert “by a waste collection authority in Scotland or Wales”.

(3) After section 46 insert—

“46A Written warnings and penalties for failure to comply with requirements relating to household waste receptacles: England

(1) This section applies where an authorised officer of a waste collection authority in England is satisfied that—

(a) a person has failed without reasonable excuse to comply with a requirement imposed by the authority under section 46(1), (3)(c) or (d) or (4) (a “section 46 requirement”), and

(b) the person's failure to comply—

(i) has caused, or is or was likely to cause, a nuisance, or

(ii) has been, or is or was likely to be, detrimental to any amenities of the locality.

(2) Where this section applies, the authorised officer may give a written warning to the person.

(3) A written warning must—

(a) identify the section 46 requirement with which the person has failed to comply,

(b)