Part 9: Miscellaneous and General Pardons for certain abolished offences etc Section 179: Powers of litter authorities in Scotland
This section forms part of the law of Scotland.
	The 2014 Act introduced a range of new powers to tackle anti-social and nuisance behaviour (Parts 1 to 6). The new powers replaced a number of previous ones, including the power to serve litter abatement notices under section 92 of the Environmental Protection Act 1990 ("the EPA") and street litter control notices under section 93 of that Act (supplemented by section 94). The intention was that the Community Protection Notice (provided by sections 43 to 58 of the 2014 Act) would replace these notices and provide more flexibility in dealing with littering issues in England and Wales.
	Accordingly, the relevant provisions of the EPA were repealed by paragraph 21 of Schedule 11 to the 2014 Act. However, an unintended effect of section 184(8) of the 2014 Act was that the repeal of sections 92, 93 and 94 of the EPA extended to Scotland, as well as to England and Wales (as this provision provides that any repeal has the same extent as the relevant part of the Act or instrument amended, repealed or revoked).
	The Community Protection Notice is not available in Scotland and this has therefore left a gap in the powers available in Scotland to tackle littering. Subsection (1) reinstates the power of local authorities in Scotland to issue litter abatement notices and street litter control notices by re-enacting, with minor changes, sections 92, 93 and 94 of the EPA.
	New section 92 (as with its predecessor) enables a Scottish local authority to issue a litter abatement notice. Litter abatement notices allow the local authority where it is satisfied that relevant land (including Crown land) has been defaced by litter or that this is likely to recur, the power to issue a notice to the relevant person or body. The notice will specify the time within which the litter must be cleared and/or prohibit further littering. If the body does not comply with the notice, an offence is committed which, on conviction, may result in a fine up to level 4 (currently £2,500) plus an additional fine for each day on which the offence continues (new section 92(6)). Further, in the event of non-compliance, the local authority may enter the land to clear it of litter and recover expenses for doing so (except in respect of Crown land or land of statutory undertakers).
	New section 93 (similar to its predecessor) enables a Scottish local authority to issue a street litter control notice on the occupier or owner of commercial or retail premises of a kind specified in secondary legislation. Street litter control notices give the local authority the power to require that various types of businesses, such as takeaway fast food enterprises, clean up the area in front of, or close to, their premises. The notice allows the council to enforce the instalment and maintenance of litter bins, and anything else that may be necessary to remove or reduce the amount of litter in a particular area. A person commits an offence if, without reasonable excuse, he or she fails to comply with a requirement imposed by a notice (punishable with a fine up to level 4 on conviction).
	New section 94(1) confers on the Scottish Ministers the power, by order (subject to the negative procedure), to prescribe the different types of commercial or retail premises in relation to which a street litter control notice may be issued, the descriptions of the land which may be included in a specified area and the maximum area of land which may be included. The power also allows the Scottish Ministers to describe the premises or land by reference to occupation or ownership or to the activities carried out there (new section 94(2))..
	Subsection (2) revives the Street Litter Control Notices Order 1991 (SI 1991/1324), as amended by SI 1997/632, which was made under the original section 94 of the EPA. Amongst the descriptions of premises specified in that Order as it applies in Scotland are: service stations, cinemas and theatres, banks and building societies with automated teller machines and betting offices.