The Code of Practice on Litter and Refuse sets out the legal standards which every local authority has to achieve and is found under section 89 of the Environmental Protection Act (EPA) 1990.
Its objective is: ‘To provide practical guidance on the discharge of the duties under section 89 by establishing reasonable and generally acceptable standards of cleanliness which those under the duty should be capable of meeting’
Code of Practice: Part 1
Part 1 of the Code of practice:
-
places a cleansing responsibility on “Duty Bodies” to keep relevant land clear of litter/ refuse as far as practicable
-
divides land into zones according to usage and volume of traffic
-
sets out grades of cleanliness and response times for restoration of zones
-
emphasises the cleanliness of an area rather than how often it is cleaned
Duty Bodies
Section 89 of the EPA places a cleansing duty on certain bodies to keep their relevant land clear of litter / refuse as far as is practicable. (Relevant land is publicly accessible land which is open to the air and which is under the direct control of the body.) There is also a duty to keep public roads in Scotland clean as far as practicable.
The main Duty Bodies in relation to litter are local authorities, in our case Falkirk Council. However, other organisations have similar statutory duties, and more information about these organisations and the areas they are responsible for can be found in the What We Don’t Do| section.
Zones
All areas within a Duty Bodies’ control have to be zoned, reflecting the predominant land use. Each type of land, such as town centres, roads, beaches, railway land, has its own specific zone, and each zone has a timescale within which the Duty Body should return it to a litter-free standard. It is up to the relevant Duty Body to allocate their land to these zones, and zoning should be reviewed periodically to ensure that it remains appropriate and reflects any changes in land use.
Grades of Cleanliness and Response Times
The Code of Practice identifies four grades of cleanliness and the response times in which these can be expected:
Grade A
No litter
|
Grade B
Predominantly free of litter apart from some small items
|
Grade C
Widespread distribution of litter with minor accumulations
|
Grade D
Heavily littered with significant accumulations
|
Grade A is the standard to which a thorough conventional sweeping/litter-picking should achieve.
Whilst Grade A is the aim, it is not reasonable to expect that standard to be maintained at all times. A very few items on a Grade A surface will not necessarily be sufficient to degrade that area to Grade B.
For further details on how quickly each zone should be brought back up to an acceptable standard of cleanliness see our Response Times (PDF, 20KB)|.
Cleanliness rather than Frequency
Finally, there are several practical issues which the Code takes into consideration. The time periods given in the table are the maximum response times for cleaning an area which has become littered. In many cases, these areas will be cleaned much more frequently; however, there may be occasions when these response times cannot be met.
Examples in the Code of Practise where it may be considered impracticable to clear within duty timescales include when there are severe weather conditions, when special events prevent access to the duty land and to avoid damage to sensitive habitats. The timescales in the table above should be discounted between 6pm and 8am, and it may also not be considered practicable to expect bodies to meet the duty at Christmas. However every effort must be made to clear the land at the earliest opportunity.
Code of Practise: Part 2
Part two of the Code of Practice offers guidance for the implementation of the service as detailed in Part 1. It provides suggested methods of evaluation, awareness raising and offers guidance on using the legislative powers available to help resolve litter problems.
Part 2 is a guide for the implementation of the service however it is up to individual duty bodies to decide on the right approach for their circumstances.
For more information about the Code of Practise please visit littercode.org| or continue to browse our pages: