Explanatory note

This Order modifies the Environmental Protection Act 1990 (“the 1990 Act”) and the Litter (Statutory Undertakers) (Designation and Relevant Land) Order 1991 in consequence of the provisions of the Railways Act 1993.

Section 98 of the 1990 Act defines the term “statutory undertaker” for the purposes of Part IV of the 1990 Act. It is modified to confirm that certain successors of the British Railways Board—essentially, operators of the Board’s former rail network, operators of stations which are used in connection with that network, and operators of light maintenance depots—are also statutory undertakers for those purposes. This means that these successors can be designated by Order under section 86(6) of the 1990 Act, and so made subject to the litter duty imposed on designated statutory undertakers by section 89(1)(e) of that Act. This is effected through this Order by the modification of the Litter (Statutory Undertakers) (Designation and Relevant Land) Order 1991.

Paragraph 1(2)(d) of Schedule 4 to the 1990 Act is modified to ensure that local authorities' powers under that Schedule in relation to abandoned luggage trolleys do not apply to luggage trolleys found on land which is used for the purposes of their undertaking by the operators of network, passenger, goods, station and light maintenance services in connection with a transferred network.