PLEASE NOTE NOTHING IN THIS INFORMATION CONSTITUTES LEGAL ADVICE YOU ARE ADVISED TO SEEK INDEPENDENT ADVISE
A domestic bin does not belong top you it belongs to the Council. Here are some scenarios
Note Green Garden (Brown in Bradford) Collections differ
(i) The Bin is emptied and is damaged - This can happen for a number of reasons through no fault of your own - many Bins Age and become brittle , even the temperature can effect the degree of splitting Lids can become detached but the most common cause can be a split bin caused for example by double tapping on collection - operators shake the bins twice to get difficult rubbish to deposit in lorry this causes an impact which usually splits the bin on opposite sides on the lift, we beleive it unreasonable for an authority to expect a bin belonging to the authority in the Public Domain to be secure and unreasonable to replace it if damaged by the Authority Owning it and causing damage to it under the Law of Property
Do Not Consider Paying For a Bin
(ii) A Bin is lost or Stolen It would appear that the majority of Authorities will supply a replacement for lost or stolen bins providing it was on the day of collection . Authorities advise obtaining a Crime Reference Number
Do Not Consider Paying For a Bin
Councils have a statutory duty under the Environmental Protection Act 1990 to collect household waste, but the same law also gives them the right to insist that such waste is placed into approved receptacles and that the householder has to pay the cost of providing such receptacles.
What the council can't do is both insist that the householder pays for the bin *and* insist that the bin must be purchased from the council.Essentially, the law gives them two options, either
a) Provide the bins for free (in which case they can insist that only
council-supplied bins are used), or
b) Require the householder to pay for the bins (in which case, the householder is permitted to choose his own supplier - which may, but does not have to be, be the council).
(iii) The Circumstances in which a Householder would need to buy a New Bin are some what bemusing might include you setting Fire to it , A new Build Home which Does not have one allocated prior to legislative changes
In the event you purchase a bin and the local authority damage it you would be advised to keep receipts and seek the replacement cost including cost of delivery to you home .
It might therefore be BETTER for the Local Authority in the first instance to replace bins FOC for this reason alone and that of good Environmental Health practice . Act reasonably - keep good evidence such as Photos and Report lost or stolen bins immediately seeking written confirmation of the same . Dont be fobbed off this is a service you have paid for.
Section 46(3) Applies
3) In making requirements under subsection (1) above the authority may, as respects the provision of the receptacles—
(a) determine that they be provided by the authority free of charge;
(b) propose that they be provided, if the occupier agrees, by the authority on payment by him of such a single payment or such periodical payments as he agrees with the authority;
(c) require the occupier to provide them if he does not enter into an agreement under paragraph (b) above within a specified period; or
(d) require the occupier to provide them.
LINKS
Bin Collecttion failure in service providion BINS
SURVEY OF 50 LOCAL AUTHORITIES
Newham London
If you have just moved into a brand new property, the developer will usually have arranged for new bins to be provided. If no bin has been supplied, please contact the property developer first.
We will normally replace rubbish or recycling bins, at least once, free of charge, if they have been stolen or vandalised
West Lindsay DC
We will be making a charge to replace stolen bins to encourage residents to take responsibility for their bins and to bring them in after they have been emptied.
We can however send you a replacement bin out free of charge if your bin goes missing on the day of your collection, as long as you can provide us with a police incident number and not made a similar claim in the last 3 years. You should ring the Police to report the theft of the bin and ask for an incident reference number.
11. What happens if my bin is damaged by the collection crew or falls into the back of the collection wagon?
If a container is damaged and the fault lies with the council’s collection crew, this will be recorded and a new container will be delivered free of charge. A note will be posted through your letter box to advise you this has happened. This excludes any damage caused by overfilling the container, placing inappropriate items in it or reasonable wear and tear
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