The Highways Agency is responsible for motorways and a small number of all-purpose trunk roads in England. Litter collection on all other highways is the responsibility of the relevant local authority.
Litter collection and carriageway sweeping is undertaken by the Highways Agency's service providers, who are required under their contracts to meet the standards of cleanliness set out in the Environmental Protection Act 1990.
The Act places a duty on authorities to ensure that their land, or land for which they are responsible, is kept clear of litter and refuse in so far as is practicable. Therefore, it cannot be said that the Highways Agency has not met time scales for the cleanliness of its roads and verges, as time scales do not apply under the Act.