Q&As

Do the Police have power to issue notices under section 46 of the Environmental Protection Act 1990? Could they be granted delegated power to issue notices but reserving the prosecution to the local authority in the event of noncompliance?

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Produced in partnership with Adam Heppinstall of Henderson Chambers
Published on LexisPSL on 27/06/2017

The following Local Government Q&A Produced in partnership with Adam Heppinstall of Henderson Chambers provides comprehensive and up to date legal information covering:

  • Do the Police have power to issue notices under section 46 of the Environmental Protection Act 1990? Could they be granted delegated power to issue notices but reserving the prosecution to the local authority in the event of noncompliance?

Section 45 of the Environmental Protection Act 1990 (EPA 1990) requires each waste collection authority, subject to exceptions, to arrange the collection of household waste.

Under EPA 1990, s 46 a waste collection authority can issue a notice on an occupier of premises to require them to place such household

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