Section 71A Information from authorities on unauthorised or harmful deposit, treatment or disposal etc. of waste: ScotlandF1

(1)

The Scottish Ministers may require a relevant authority to provide them with such information as Ministers may specify about—

(a)

cases where the authority has exercised any of its functions under section 59, and

(b)

cases where the authority has exercised any of its functions in respect of any contravention of section 33(1)(a) or (c).

(2)

In requiring information under subsection (1), the Scottish Ministers may specify—

(a)

the period to which the information is to relate, and

(b)

the date by which the relevant authority is to provide the information.

(3)

The information required by Ministers under subsection (1) may include, in particular—

(a)

the number of contraventions of section 33(1)(a) or (c) reported to the relevant authority,

(b)

the location of contraventions of section 33(1)(a) or (c) reported to the authority,

(c)

what action (if any) has been taken by the authority in response to the reported contraventions,

(d)

the number of fixed penalty notices issued by the authority under section 33A in response to the reported contraventions,

(e)

the number of fixed penalties paid in response to such notices, and

(f)

the number of reports made by the authority of offences under section 33(1)(a) or (c).

(4)

The Scottish Ministers may not exercise their power under subsection (1) in relation to a particular relevant authority more than once in any period of 12 months.

(5)

In this section, “relevant authority” means—

(a)

in relation to functions under section 59, a waste collection authority,

(b)

in relation to functions in respect of contraventions of section 33(1)(a) or (c)—

(i)

a local authority,

(ii)

Loch Lomond and The Trossachs National Park Authority, or

(iii)

a person specified by order made by the Scottish Ministers under section 33A(13).

Annotations

Textual amendments

F1: S. 71A inserted (S.) (1.4.2025) by Circular Economy (Scotland) Act 2024 (asp 13), ss. 13(2), 27(2); S.S.I. 2025/10, reg. 3(c)

Notes on Part II

Modifications

C1

Pt. II (ss. 29-78) amended: (1.4.1992) by S.I. 1992/588, reg. 8; (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 9 (as amended (E.W.) (15.5.3006) by S.I. 2006/937, reg. 6(10)(a))

Pt. II (ss. 29-78) modified: (1.2.1996) by 1995 c. 25, s. 5(5)(e) (with ss. 7(6), 115, 117) and S.I. 1996/186, art.2; (1.4.1996) by 1995 c. 25, s. 33(5)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Pt. II (ss. 29-78): certain functions transferred on transfer date (1.4.1996) by 1995 c. 25, ss. 2(1)(b)(ii), 21(1)(b)(ii), 56(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3, S.I. 1995/2649, art. 2 and S.I. 1995/1983, art. 2 (by which respectively s. 56 is in force from 28.7.1995, s. 21 is in force from 12.10.1995 and s. 2 is in force from 1.4.1996); S.I. 1996/136, art. 2; S.I. 1996/234), art. 2 (specifying transfer date)

Pt. II (ss. 29-78) extended (1.4.1996) by 1995 c. 25, s. 120(2), Sch. 23 para. 13 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

C2

Pt. 2 modified (S.) (27.3.2011) by The Waste Management Licensing (Scotland) Regulations 2011 (S.S.I. 2011/228), reg. 1(1), sch. 4 para. 11 (with regs. 31-33)

C3

Pt. 2 modified (E.W.) (6.4.2012) by The Controlled Waste (England and Wales) Regulations 2012 (S.I. 2012/811), regs. 1(3), 5

Commencement

I1

Pt. II partly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2

Pt. II partly in force at 13.12.1991 and for certain purposes at 01.04.1992 by S.I.1991/2829, arts. 2, 4.

Pt. II: power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)