asked the Secretary of State for the Environment whether any measure is under consideration that would absolve district councils from their duty under the Public Health Act 1936 to impose charges for the collection of trade refuse; and if he will make a statement.
When section 12 of the Control of Pollution Act 1974 is in force, it will give local authorities a duty to collect commerial waste on request, and to recover a reasonable charge except in cases where the council consider it inappropriate. We are now reviewing with the local authority associations the financial implications of implementing sections 12–14 of the Act.
asked the Secretary of State for the Environment if he will list in the Official Report instances over the last two years of transgressions under section 73(2) of the Public Health Act 1936 in respect of failure to impose charges for the collection of trade refuse.
Information on authorities that collect commercial waste, and on income derived from providing the service, is published annually in the Chartered Institute of Public Finance and Accountancy's waste collection statistics. Whether a local authority is in breach of the duty imposed on it by section 73(2) of the Public Health Act 1936 is a matter for the courts. Information on cases brought before them is not available centrally.