OpenLegislation

Paragraph 3A F1

England and Wales

(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.

Annotations

Textual amendments

F1

Sch. 4 para. 3A inserted (E.W.) (6.4.2006 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 99(3), 108 (with s. 100); S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 2(r)