Выступление Постоянного представителя Российской Федерации А.К.Лукашевича - О запрете на въезд в США президенту ФИДЕ К.Н.Илюмжинову
Sections 2 to 9 apply to the area of every local authority in England and Wales. Sections 2 to 9 apply to the district of every district council.
Sections 2 to 9 only apply to the area of a local authority if the authority have so resolved or an order made by the Secretary of State so provides.
If a local authority resolve to apply those sections to their area—
those sections are to have effect there on and after a date specified in the resolution (“the commencement date”), which must be at least three months after the passing of the resolution, and
the local authority must cause a notice to be published, in two consecutive weeks ending at least two months before the commencement date, in a local newspaper circulating in their area.
A notice published under subsection (2)(b) must—
state that the resolution has been passed,
give the commencement date, and
set out the general effect of those sections.
An order under this section must not provide for those sections to have effect before the end of the period of three months beginning with the making of the order.
A district council may, if it receives a complaint of the kind mentioned in subsection (2), arrange for an officer of the council to take reasonable steps to investigate the complaint. A local authority in England and Wales may, if they receive a complaint of the kind mentioned in subsection (2), arrange for an officer of the authority to take reasonable steps to investigate the complaint.
The kind of complaint referred to is one made by any individual present in a dwelling during night hours (referred to in this Act as “the complainant’s dwelling”) that excessive noise is being emitted from
another dwelling (referred to in this group of sections as “the offending dwelling”), or
any premises in respect of which a premises licence or a temporary event notice has effect (referred to in this group of sections as “the offending premises”).
another dwelling (referred to in this group of sections as “the offending dwelling”), or
any of the following (referred to in this group of sections as “the offending premises”)—
any premises in relation to which an exhibition licence has effect;
any place in relation to which an entertainment licence has effect;
any licensed premises;
a place at which the sale of intoxicating liquor is for the time being authorised by an occasional licence;
any premises where meals or refreshments are supplied whether for consumption on or off the premises;
any premises occupied by a registered club.”
For the purposes of subsection (2)(b)—
“exhibition licence” means a licence granted under Article 3 of the Cinemas (Northern Ireland) Order 1991;
“entertainment licence” means a licence granted under paragraph 3 of Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985;
“intoxicating liquor”, “licensed premises” and “occasional licence” have the same meanings as in the Licensing (Northern Ireland) Order 1996;
“registered club” has the same meaning as in Article 2(2) of the Registration of Clubs (Northern Ireland) Order 1996.
A complaint under subsection (2) may be made by any means.
If an officer of the authority is satisfied, in consequence of an investigation under subsection (1), that— he may serve a notice about the noise under section 3.
noise is being emitted from the offending dwelling or the offending premises during night hours, and
the noise, if it were measured from within the complainant’s dwelling, would or might exceed the permitted level,
For the purposes of subsection (4), it is for the officer of the authority dealing with the particular case—
to decide whether any noise, if it were measured from within the complainant’s dwelling, would or might exceed the permitted level, and
for the purposes of that decision, to decide whether to assess the noise from within or outside the complainant’s dwelling and whether or not to use any device for measuring the noise.
In this group of sections, “night hours” means the period beginning with 11 p.m. and ending with the following 7 a.m.
Where a local authority receive a complaint under subsection (2) and the offending dwelling is, or the offending premises are, within the area of another local authority, the first local authority may act under this group of sections as if the offending dwelling or the offending premises were within their area, ....
In this section and sections 3 to 9, “this group of sections” means this and those sections.
In this group of sections— “premises licence” has the same meaning as in the Licensing Act 2003 (c. 17); “temporary event notice” has the same meaning as in the Licensing Act 2003 (and is to be treated as having effect in accordance with section 171(6) of that Act).
A notice under this section (referred to in this Act as “a warning notice”) must—
state that an officer of the authority considers—
that noise is being emitted from the offending dwelling or the offending premises during night hours, and
that the noise exceeds, or may exceed, the permitted level, as measured from within the complainant’s dwelling, and
give warning that any person who is responsible for noise which is emitted from the dwelling, in the period specified in the notice, and exceeds the permitted level, as measured from within the complainant’s dwelling, may be guilty of an offence.
give warning—
in a case where the complaint is in respect of a dwelling, that any person who is responsible for noise which is emitted from the offending dwelling in the period specified in the notice and which exceeds the permitted level, as measured from within the complainant's dwelling, may be guilty of an offence;
in a case where the complaint is in respect of other premises, that the responsible person in relation to the offending premises may be guilty of an offence if noise which exceeds the permitted level, as measured from within the complainant's dwelling, is emitted from the premises in the period specified in the notice.
The period specified in a warning notice must be a period—
beginning not earlier than ten minutes after the time when the notice is served, and
ending with the following 7 a.m.
In a case where the complaint is in respect of a dwelling, A warning notice must be served—
by delivering it to any person present at or near the offending dwelling and appearing to the officer of the authority to be responsible for the noise, or
if it is not reasonably practicable to identify any person present at or near the dwelling as being a person responsible for the noise on whom the notice may reasonably be served, by leaving it at the offending dwelling.
In a case where the complaint is in respect of other premises, a warning notice must be served by delivering it to the person who appears to the officer of the authority to be the responsible person in relation to the offending premises at the time the notice is delivered.
A warning notice must state the time at which it is served.
In a case where the complaint is in respect of other premises, a warning notice must be served by delivering it to the person who appears to the officer of the district council to be the responsible person in relation to the offending premises at the time the notice is delivered.
For the purposes of this group of sections, a person is responsible for noise emitted from a dwelling if he is a person to whose act, default or sufferance the emission of the noise is wholly or partly attributable.
For the purposes of this group of sections, the responsible person in relation to premises at a particular time is—
where a premises licence has effect in respect of the premises—
the person who holds the premises licence if he is present at the premises at that time,
where that person is not present at the premises at that time, the designated premises supervisor under the licence if he is present at the premises at that time, or
where neither of the persons mentioned in sub-paragraphs (i) and (ii) is present at the premises at that time, any other person present at the premises at that time who is in charge of the premises;
where a temporary event notice has effect in respect of the premises—
the premises user in relation to that notice if he is present at the premises at that time, or
where the premises user is not present at the premises at that time, any other person present at the premises at that time who is in charge of the premises.
For the purposes of this group of sections, the responsible person in relation to offending premises at a particular time is—
in the case of any premises mentioned in sub-paragraph (i), (ii), (iii) or (iv) of section 2(2)(b)—
the holder of the licence if he is present at the premises at that time,
where that person is not present at the premises at that time, any other person who is present at the premises at that time and in charge of the premises;
in the case of any premises mentioned in sub-paragraph (v) of section 2(2)(b), any person who is present at the premises at that time and in charge of the premises;
in the case of any premises mentioned in sub-paragraph (vi) of section 2(2)(b)— and for the purposes of this paragraph “official” has the same meaning as in Article 2(2) of the Registration of Clubs (Northern Ireland) Order 1996.
any official of the club who is present at the premises at that time;
where no such official is present at the premises at that time, any other person who is present at the premises at that time and in charge of the premises;
If a warning notice has been served in respect of noise emitted from a dwelling, any person who is responsible for noise which— is guilty of an offence.
is emitted from the dwelling in the period specified in the notice, and
exceeds the permitted level, as measured from within the complainant’s dwelling,
It is a defence for a person charged with an offence under this section to show that there was a reasonable excuse for the act, default or sufferance in question.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
If— the responsible person in relation to the offending premises at the time at which the noise referred to in paragraph (c) is emitted is guilty of an offence.
a warning notice has been served under section 3 in respect of noise emitted from premises,
noise is emitted from the premises in the period specified in the notice, and
the noise exceeds the permitted level, as measured from within the complainant's dwelling,
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
For the purposes of this group of sections, the Secretary of Statethe appropriate person may by directions in writing determine the maximum level of noise (referred to in this group of sections as “the permitted level”) which may be emitted during night hours from any dwelling or other premises .
The permitted level is to be a level applicable to noise as measured from within any other dwelling in the vicinity by an approved device used in accordance with any conditions subject to which the approval was given.
Different permitted levels may be determined for different circumstances, and the permitted level may be determined partly by reference to other levels of noise.
The Secretary of StateThe appropriate person may from time to time vary his directions under this section by further directions in writing.
For the purposes of this group of sections, the Secretary of Statethe appropriate person may approve in writing any type of device used for the measurement of noise; and references in this group of sections to approved devices are to devices of a type so approved.
Any such approval may be given subject to conditions as to the purposes for which, and the manner and other circumstances in which, devices of the type concerned are to be used.
In proceedings for an offence under section 4 or 4A, a measurement of noise made by a device is not admissible as evidence of the level of noise unless it is an approved device and any conditions subject to which the approval was given are satisfied.
In proceedings for an offence under section 4 or 4A , evidence— may be given by the production of a document mentioned in subsection (2).
of a measurement of noise made by a device, or of the circumstances in which it was made, or
that a device was of a type approved for the purposes of section 6, or that any conditions subject to which the approval was given were satisfied,
The document referred to is one which is signed by an officer of the local authority and which (as the case may be)— and if the document contains evidence of a measurement of noise it may consist partly of a record of the measurement produced automatically by a device.
gives particulars of the measurement or of the circumstances in which it was made, or
states that the device was of such a type or that, to the best of the knowledge and belief of the person making the statement, all such conditions were satisfied;
In proceedings for an offence under section 4, evidence that noise, or noise of any kind, measured by a device at any time was noise emitted from a dwelling may be given by the production of a document—
signed by an officer of the local authority, and
stating that he had identified that dwelling as the source at that time of the noise or, as the case may be, the noise of that kind.
In proceedings for an offence under section 4A, evidence that noise, or noise of any kind, measured by a device at any time was noise emitted from any other premises may be given by the production of a document—
signed by an officer of the local authority, and
stating that he had identified those premises as the source at that time of the noise or, as the case may be, noise of that kind.
For the purposes of this section, a document purporting to be signed as mentioned in subsection (2) , (3)(a) or (3A)(a) is to be treated as being so signed unless the contrary is proved.
In proceedings for an offence under section 4A, evidence that noise, or noise of any kind, measured by a device at any time was noise emitted from any other premises may be given by the production of a document—
signed by an officer of the district council, and
stating that he had identified those premises as the source at that time of the noise or, as the case may be, noise of that kind.
This section does not make a document admissible as evidence in proceedings for an offence unless a copy of it has, not less than seven days before the hearing or trial, been served on the person charged with the offence.
This section does not make a document admissible as evidence of anything other than the matters shown on a record produced automatically by a device if, not less than three days before the hearing or trial or within such further time as the court may in special circumstances allow, the person charged with the offence serves a notice on the prosecutor requiring attendance at the hearing or trial of the person who signed the document.
Where an officer of a local authority who is authorised for the purposes of this section has reason to believe that a person is committing or has just committed an offence under section 4 or 4A, he may give that person a notice (referred to in this Act as a “fixed penalty notice”) offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.
A fixed penalty notice may be given to a person—
by delivering the notice to him, or
if it is not reasonably practicable to deliver it to him, by leaving the notice, addressed to him, at the offending dwelling or the offending premises (as the case may be) .
Where a person is given a fixed penalty notice in respect of such an offence—
proceedings for that offence must not be instituted before the end of the period of fourteen days following the date of the notice, and
he cannot be convicted of that offence if he pays the fixed penalty before the end of that period.
A fixed penalty notice must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
A fixed penalty notice must state—
the period during which, because of subsection (3)(a), proceedings will not be taken for the offence,
the amount of the fixed penalty, and
the person to whom and the address at which the fixed penalty may be paid.
Payment of the fixed penalty may (among other methods) be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).
Where a letter containing the amount of the penalty is sent in accordance with subsection (6), payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
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If a form for a fixed penalty notice is specified in an order made by the appropriate person, a fixed penalty notice must be in that form.
If a fixed penalty notice is given to a person in respect of noise emitted from a dwelling in any period specified in a warning notice—
no further fixed penalty notice may be given to that person in respect of noise emitted from the dwelling during that period, but
that person may be convicted of a further offence under section 4 in respect of noise emitted from the dwelling after the fixed penalty notice is given and before the end of that period.
If a fixed penalty notice is given to a person in respect of noise emitted from other premises in any period in a warning notice—
no further fixed penalty notice may be given to that person in respect of noise emitted from the premises during that period, but
that person may be convicted of a further offence under section 4A in respect of noise emitted from the premises after the fixed penalty notice is given and before the end of that period.
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Sums received by a local authority under section 8 must be paid to the Secretary of State.
A local authority may use any sums it receives under section 8 (its “penalty receipts”) only for the purposes of functions of its that are qualifying functions.
In proceedings for an offence under section 4 or 4A, evidence that payment of a fixed penalty was or was not made before the end of any period may be given by the production of a certificate which—
purports to be signed by or on behalf of the person having responsibility for the financial affairs of the local authority, and
states that payment of a fixed penalty was made on any date or, as the case may be, was not received before the end of that period.
The following are qualifying functions for the purposes of this section—
functions under this Act, ...
functions under Chapter 1 of Part 7 of the Clean Neighbourhoods and Environment Act 2005;
functions under sections 79 to 82 of the Environmental Protection Act 1990 (statutory nuisances) in connection with statutory nuisances falling with section 79(1)(g) or (ga) (noise) of that Act;
functions of a description specified in regulations made by the appropriate person.
Regulations under subsection (4A)(b) may (in particular) have the effect that a local authority may use its penalty receipts for the purposes of any of its functions.
A local authority must supply the appropriate person with such information relating to the use of its penalty receipts as the appropriate person may require.
The appropriate person may by regulations—
make provision for what a local authority is to do with its penalty receipts—
pending their being used for the purposes of qualifying functions of the authority;
if they are not so used before such time after their receipt as may be specified by the regulations;
make provision for accounting arrangements in respect of a local authority’s penalty receipts.
The provision that may be made under subsection (4D)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the appropriate person) other than the local authority.
Before making regulations under this section, the appropriate person must consult—
the local authorities to which the regulations are to apply, and
such other persons as the appropriate person considers appropriate.
The powers to make regulations conferred by this section are, for the purposes of subsection (1) of section 100 of the Local Government Act 2003, to be regarded as included among the powers mentioned in subsection (2) of that section.
Regulations under this section relating to local authorities in England may—
make provision in relation to—
all local authorities,
particular local authorities, or
particular descriptions of local authority;
make different provision in relation to different local authorities or descriptions of local authority.
This section applies in relation to a fixed penalty payable to a local authority in pursuance of a notice under section 8.
In the case of an offence under section 4 The amount of the fixed penalty—
is the amount specified by the local authority in relation to the authority's area, or
if no amount is so specified, is £100.
In the case of an offence under section 4A the amount of the fixed penalty is £500.
The local authority may make provision for treating the fixed penalty payable in the case of an offence under section 4 as having been paid if a lesser amount is paid before the end of a period specified by the authority.
The appropriate person may by regulations make provision in connection with the powers conferred on local authorities under subsections (2)(a) and (3).
Regulations under subsection (4) may (in particular)—
require an amount specified under subsection (2)(a) to fall within a range prescribed in the regulations;
restrict the extent to which, and the circumstances in which, a local authority can make provision under subsection (3).
The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (2)(b) or (2A).
This section applies in relation to a fixed penalty payable to a district council in pursuance of a notice under section 8.
In the case of an offence under section 4 the amount of the fixed penalty—
is the amount specified by the district council in relation to the council's district, or
if no amount is so specified, is £100.
In the case of an offence under section 4A the amount of the fixed penalty is £500.
A district council may make provision for treating the fixed penalty payable in the case of an offence under section 4 as having been paid if a lesser amount is paid before the end of a period specified by the council.
The Department may by regulations make provision in connection with the powers conferred on district councils under subsections (2)(a) and (4).
Regulations under subsection (5) may (in particular)—
require an amount specified under subsection (2)(a) to fall within a range prescribed in the regulations;
restrict the extent to which, and the circumstances in which, a district council can make provision under subsection (4).
The Department may by order substitute a different amount for the amount for the time being specified in subsection (2)(b) or (3).
If an officer of a local authority who is authorised for the purposes of section 8 proposes to give a person a fixed penalty notice, the officer may require the person to give him his name and address.
A person commits an offence if—
he fails to give his name and address when required to do so under subsection (1), or
he gives a false or inaccurate name or address in response to a requirement under that subsection.
A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
If an officer of a district council who is authorised for the purposes of section 8 proposes to give a person a fixed penalty notice, the officer may require the person to give him his name and address.
A person commits an offence if—
he fails to give his name and address when required to do so under subsection (1), or
he gives a false or inaccurate name or address in response to a requirement under that subsection.
A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
If a form for a fixed penalty notice is specified in an order made by the Secretary of State, a fixed penalty notice must be in that form.
If a fixed penalty notice is given to a person in respect of noise emitted from a dwelling in any period specified in a warning notice—
no further fixed penalty notice may be given to that person in respect of noise emitted from the dwelling during that period, but
that person may be convicted of a further offence under section 4 in respect of noise emitted from the dwelling after the fixed penalty notice is given and before the end of that period.
If a fixed penalty notice is given to a person in respect of noise emitted from other premises in any period in a warning notice—
no further fixed penalty notice may be given to that person in respect of noise emitted from the premises during that period, but
that person may be convicted of a further offence under section 4A in respect of noise emitted from the premises after the fixed penalty notice is given and before the end of that period.
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A district council may use any sums it receives under section 8 (its “penalty receipts”) only for the purposes of functions of the council that are qualifying functions.
The following are qualifying functions for the purposes of this section—
functions under this Act;
functions under Chapter 1 of Part 6 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011;
functions under section 63 to 70 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (statutory nuisances), in connection with statutory nuisances falling with section 63(1)(i) or (j) (noise) of that Act;
functions of a description specified in regulations made by the Department.
Regulations under subsection (4A)(d) may (in particular) have the effect that a district council may use its penalty receipts for the purposes of any of its functions.
A district council must supply the Department with such information relating to the use of its penalty receipts as the Department may require.
The Department may by regulations—
make provision for what a district council is to do with its penalty receipts—
pending their being used for the purposes of qualifying functions of the council;
if they are not so used before such time after their receipt as may be specified by the regulations;
make provision for accounting arrangements in respect of a district council's penalty receipts.
The provision that may be made under subsection (4D)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the Department) other than the district council.
Before making regulations under this section, the Department must consult—
district councils, and
such other persons as the Department considers appropriate.
In proceedings for an offence under section 4 or 4A , evidence that payment of a fixed penalty was or was not made before the end of any period may be given by the production of a certificate which—
purports to be signed by or on behalf of the person having responsibility for the financial affairs of the local authority, and
states that payment of a fixed penalty was made on any date or, as the case may be, was not received before the end of that period.
The power conferred by subsection (2) may be exercised where an officer of a local authority has reason to believe that—
a warning notice has been served in respect of noise emitted from a dwelling or other premises, and
at any time in the period specified in the notice, noise emitted from the dwelling or other premises has exceeded the permitted level, as measured from within the complainant’s dwelling.
An officer of the local authority, or a person authorised by the authority for the purpose, may enter the dwelling or other premises from which the noise in question is being or has been emitted and may seize and remove any equipment which it appears to him is being or has been used in the emission of the noise.
A person exercising the power conferred by subsection (2) must produce his authority, if he is required to do so.
If it is shown to a justice of the peace on sworn information in writing that— the justice may by warrant under his hand authorise the local authority, by any of their officers or any person authorised by them for the purpose, to enter the dwelling or other premises, if need be by force.
a warning notice has been served in respect of noise emitted from a dwelling or other premises,
at any time in the period specified in the notice, noise emitted from the dwelling or other premises has exceeded the permitted level, as measured from within the complainant’s dwelling, and
entry of an officer of the local authority, or of a person authorised by the authority for the purpose, to the dwelling or other premises has been refused, or such a refusal is apprehended, or a request by an officer of the authority, or of such a person, for admission would defeat the object of the entry,
A person who enters any dwelling or other premises under subsection (2), or by virtue of a warrant issued under subsection (4), may take with him such other persons and such equipment as may be necessary; and if, when he leaves, the dwelling is, or the other premises are, unoccupied, must leave it or them as effectively secured against trespassers as he found it or them. .
A warrant issued under subsection (4) continues in force until the purpose for which the entry is required has been satisfied.
The power of a local authority under section 81(3) of the Environmental Protection Act 1990 section 67(5) of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 to abate any matter, where that matter is a statutory nuisance by virtue of section 79(1)(g) section 63(1)(i) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance), includes power to seize and remove any equipment which it appears to the authority is being or has been used in the emission of the noise in question.
A person who wilfully obstructs any person exercising any powers conferred under subsection (2) or by virtue of subsection (7) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
The Schedule to this Act (which makes further provision in relation to anything seized and removed by virtue of this section) has effect.
In this Act, “local authority” means—
in Greater London, a London borough council, the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively,
outside Greater London—
any district council,
the council of any county so far as they are the council for any area for which there are no district councils,
in Wales, the council of a county borough, and
the Council of the Isles of Scilly.
In this Act—
“dwelling” means any building, or part of a building, used or intended to be used as a dwelling,
references to noise emitted from a dwelling include noise emitted from any garden, yard, outhouse or other appurtenance belonging to or enjoyed with the dwelling.
In this Act “appropriate person” means—
the Secretary of State, in relation to England;
the National Assembly for Wales, in relation to Wales.
The power to make an order or regulations under this Act is exercisable by statutory instrument which (except in the case of an order or regulations under section 8A(7) or 14 or an order or regulations made solely by the National Assembly for Wales) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
An order under section 8A(7) shall not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.
A member of a local authority or an officer or other person authorised by a local authority is not personally liable in respect of any act done by him or by the local authority or any such person if the act was done in good faith for the purpose of executing powers conferred by, or by virtue, of this Act.
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There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
This Act may be cited as the Noise Act 1996.
This Act is to come into force on such day as the Secretary of State may by order appoint, and different days may be appointed for different purposes.
This Act does not extend to Scotland.
In its application to Northern Ireland this Act has effect with the following modifications—
for any reference to a local authority there is substituted a reference to a district council,
for any reference to the area of a local authority there is substituted a reference to the district of a district council,
for any reference to the Secretary of State there is substituted a reference to the Department of the Environment for Northern Ireland,
any reference to an enactment includes reference to an enactment comprised in Northern Ireland legislation,
in section 10(4) for the words “sworn information” there is substituted the words “ a complaint made on oath and ”,
in section 11 for subsection (3) there is substituted—,
in section 12 after subsection (1) there is inserted —,
the following provisions are omitted—
section 10(7),
in section 10(8) the words “or by virtue of subsection (7)”,
section 11(1),
in the Schedule, paragraph 1(a)(ii) and the word “and” immediately before it,
in the Schedule, in paragraph 1(b), the words “or section 81(3) of the Environmental Protection Act 1990 (as so extended)”.
In this Schedule—
a “noise offence” means—
in relation to equipment seized under section 10(2) of this Act, an offence under section 4 of this Act, and
in relation to equipment seized under section 81(3) of the Environmental Protection Act 1990 (as extended by section 10(7) of this Act), an offence under section 80(4) of that Act in respect of a statutory nuisance falling within section 79(1)(g) of that Act,
“seized equipment” means equipment seized in the exercise of the power of seizure and removal conferred by section 10(2) of this Act or section 81(3) of the Environmental Protection Act 1990 (as so extended),
“related equipment”, in relation to any conviction of or proceedings for a noise offence, means seized equipment used or alleged to have been used in the commission of the offence,
“responsible local authority”, in relation to seized equipment, means the local authority by or on whose behalf the equipment was seized.
Any seized equipment may be retained— Sub-paragraph (1) does not authorise the retention of seized equipment if—
Where a person is convicted of a noise offence the court may make an order (“a forfeiture order”) for forfeiture of any related equipment. The court may make a forfeiture order whether or not it also deals with the offender in respect of the offence in any other way and without regard to any restrictions on forfeiture in any enactment. In considering whether to make a forfeiture order in respect of any equipment a court must have regard— A forfeiture order operates to deprive the offender of any rights in the equipment to which it relates.
Where any equipment has been forfeited under paragraph 3, a magistrates' court may, on application by a claimant of the equipment (other than the person in whose case the forfeiture order was made) make an order for delivery of the equipment to the applicant if it appears to the court that he is the owner of the equipment. No application may be made under sub-paragraph (1) by any claimant of the equipment after the expiry of the period of six months beginning with the date on which a forfeiture order was made in respect of the equipment. Such an application cannot succeed unless the claimant satisfies the court— Where the responsible local authority is of the opinion that the person in whose case the forfeiture order was made is not the owner of the equipment, it must take reasonable steps to bring to the attention of persons who may be entitled to do so their right to make an application under sub-paragraph (1). An order under sub-paragraph (1) does not affect the right of any person to take, within the period of six months beginning with the date of the order, proceedings for the recovery of the equipment from the person in possession of it in pursuance of the order, but the right ceases on the expiry of that period. If on the expiry of the period of six months beginning with the date on which a forfeiture order was made in respect of the equipment no order has been made under sub-paragraph (1), the responsible local authority may dispose of the equipment.
If in proceedings for a noise offence no order for forfeiture of related equipment is made, the court (whether or not a person is convicted of the offence) may give such directions as to the return, retention or disposal of the equipment by the responsible local authority as it thinks fit.
Where in the case of any seized equipment no proceedings in which it is related equipment are begun within the period mentioned in paragraph 2(1)(a)— The period referred to in sub-paragraph (1)(a)(ii) is the period of six months beginning with the expiry of the period mentioned in paragraph 2(1)(a). The responsible local authority must take reasonable steps to bring to the attention of persons who may be entitled to do so their right to make such a claim. Subject to sub-paragraph (6), the responsible local authority is not required to return any seized equipment under sub-paragraph (1)(a) until the person making the claim has paid any such reasonable charges for the seizure, removal and retention of the equipment as the authority may demand. If— the authority is to pay him any sum by which any proceeds of sale exceed any such reasonable charges for the seizure, removal or retention of the equipment as the authority may demand. The responsible local authority cannot demand charges from any person under sub-paragraph (4) or (5) who they are satisfied did not know, and had no reason to suspect, that the equipment was likely to be used in the emission of noise exceeding the level determined under section 5.
Section 10.
In this Schedule—
a “noise offence” means—
in relation to equipment seized under section 10(2) of this Act, an offence under section 4 or 4A of this Act, and
in relation to equipment seized under section 81(3) of the Environmental Protection Act 1990 section 67(5) of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (as extended by section 10(7) of this Act), an offence under section 80(4) section 65(9) of that Act in respect of a statutory nuisance falling within section 79(1)(g) section 63(1)(i) of that Act,
“seized equipment” means equipment seized in the exercise of the power of seizure and removal conferred by section 10(2) of this Act or section 81(3) of the Environmental Protection Act 1990 section 67(5) of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (as so extended),
“related equipment”, in relation to any conviction of or proceedings for a noise offence, means seized equipment used or alleged to have been used in the commission of the offence,
“responsible local authority”, in relation to seized equipment, means the local authority by or on whose behalf the equipment was seized.
Any seized equipment may be retained— Sub-paragraph (1) does not authorise the retention of seized equipment if—
Where a person is convicted of a noise offence the court may make an order (“a forfeiture order”) for forfeiture of any related equipment. The court may make a forfeiture order whether or not it also deals with the offender in respect of the offence in any other way and without regard to any restrictions on forfeiture in any enactment. In considering whether to make a forfeiture order in respect of any equipment a court must have regard— A forfeiture order operates to deprive the offender of any rights in the equipment to which it relates.
Where any equipment has been forfeited under paragraph 3, a magistrates’ court may, on application by a claimant of the equipment (other than the person in whose case the forfeiture order was made) make an order for delivery of the equipment to the applicant if it appears to the court that he is the owner of the equipment. No application may be made under sub-paragraph (1) by any claimant of the equipment after the expiry of the period of six months beginning with the date on which a forfeiture order was made in respect of the equipment. Such an application cannot succeed unless the claimant satisfies the court— Where the responsible local authority is of the opinion that the person in whose case the forfeiture order was made is not the owner of the equipment, it must take reasonable steps to bring to the attention of persons who may be entitled to do so their right to make an application under sub-paragraph (1). An order under sub-paragraph (1) does not affect the right of any person to take, within the period of six months beginning with the date of the order, proceedings for the recovery of the equipment from the person in possession of it in pursuance of the order, but the right ceases on the expiry of that period. If on the expiry of the period of six months beginning with the date on which a forfeiture order was made in respect of the equipment no order has been made under sub-paragraph (1), the responsible local authority may dispose of the equipment.
If in proceedings for a noise offence no order for forfeiture of related equipment is made, the court (whether or not a person is convicted of the offence) may give such directions as to the return, retention or disposal of the equipment by the responsible local authority as it thinks fit.
Where in the case of any seized equipment no proceedings in which it is related equipment are begun within the period mentioned in paragraph 2(1)(a)— The period referred to in sub-paragraph (1)(a)(ii) is the period of six months beginning with the expiry of the period mentioned in paragraph 2(1)(a). The responsible local authority must take reasonable steps to bring to the attention of persons who may be entitled to do so their right to make such a claim. Subject to sub-paragraph (6), the responsible local authority is not required to return any seized equipment under sub-paragraph (1)(a) until the person making the claim has paid any such reasonable charges for the seizure, removal and retention of the equipment as the authority may demand. If— the authority is to pay him any sum by which any proceeds of sale exceed any such reasonable charges for the seizure, removal or retention of the equipment as the authority may demand. The responsible local authority cannot demand charges from any person under sub-paragraph (4) or (5) who they are satisfied did not know, and had no reason to suspect, that the equipment was likely to be used in the emission of noise exceeding the level determined under section 5.