Ray,

Yes, the District Council would have these powers as they are the waste collection authority.  See 71 (2) A

 

( [F6(2A)A waste collection authority has the power referred to in subsection (2) for the purpose of the discharge of its functions under sections 34B and 34C above.] 

 

Which came from the Clean Neighbourhood and Environment Act 2005

S. 71(2A) inserted (E.W.) (16.3.2006 for certain purposes for W. and otherwise prosp.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 46(2)(a), 108; S.I. 2006/768, art. 3

 

Which leads to:

 

(2)In section 71 of that Act (obtaining information from persons and authorities)—

(a)after subsection (2) insert—

“(2A)A waste collection authority has the power referred to in subsection (2) for the purpose of the discharge of its functions under sections 34B and 34C above.”;

(b)in subsection (3) after “subsection (2)” insert “ or (2A) ”.

I hope this helps.

 

Best,

 

Lawrence

 

 

 

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ray Cooke
Sent: 21 September 2012 10:49
To: [log in to unmask]
Subject: [data-protection] Environmental Protection Act s71 (2) notice

 

Hello everyone,

Not a Friday question, I'm afraid, but I hope it's not too complicated.

I've received a request for personal data from a District Council related to a fly tipping incident.  The request has been accompanied by an Environmental Protection Act 1990 section 71 (2) notice, threatening me, politely, that I'll up before the beak unless I comply within a certain period.

I haven't seen one of these notices before, so I looked up s71 where it says (or so it seems to me) that it gives powers to the Secretary of State and a waste regulation authority.  Well I can't see how a District Council is a waste regulation authority, though I suppose they will be a waste collection authority and possibly a waste disposal authority.  I'm suspecting the powers have been lawfully delegated in some statute or other, but I don't know where it is.

I asked the District Council if they could confirm that they had the powers under the Act.  They too said they thought the powers had been "passed on", but said they would check.  But so far no further response and my deadline is rapidly approaching. I fear the cold steel cuffs are already approaching my wrists. And this isn't 50 shades of grey.  Can any of you good folk in local authorities help me out here?  Does a council have powers under s71?

Ray Cooke
Information Compliance Officer
Oxford Brookes University
Oxford Brookes Information Solutions
Headington Campus
Gipsy Lane
Oxford, OX3 0BP

tel: +44 (0)1865 484354
fax: +44 (0)1865 483330

www.brookes.ac.uk

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