Журнал 839-го специального пленарного заседания Форума по сотрудничеству в области безопасности
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A person is guilty of an offence if at any time—
he leaves two or more motor vehicles parked within 500 metres of each other on a road or roads where they are exposed or advertised for sale, or
he causes two or more motor vehicles to be so left.
A person is not to be convicted of an offence under subsection (1) if he proves to the satisfaction of the court that he was not acting for the purposes of a business of selling motor vehicles.
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
In this section—
“the commencement date” is the day on which section 99 of this Act comes into force;
“road” has the same meaning as in the Road Traffic Regulation Act 1984 (c. 27).
A person who carries out restricted works on a motor vehicle on a road is guilty of an offence, subject as follows.
For the purposes of this section “restricted works” means—
works for the repair, maintenance, servicing, improvement or dismantling of a motor vehicle or of any part of or accessory to a motor vehicle;
works for the installation, replacement or renewal of any such part or accessory.
A person is not to be convicted of an offence under this section in relation to any works if he proves to the satisfaction of the court that the works were not carried out—
in the course of, or for the purposes of, a business of carrying out restricted works; or
for gain or reward.
Subsection (3) does not apply where the carrying out of the works gave reasonable cause for annoyance to persons in the vicinity.
A person is also not to be convicted of an offence under this section in relation to any works if he proves to the satisfaction of the court that the works carried out were works of repair which—
arose from an accident or breakdown in circumstances where repairs on the spot or elsewhere on the road were necessary; and
were carried out within 72 hours of the accident or breakdown or were within that period authorised to be carried out at a later time by the local authority for the area.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
In this section—
“authorised officer”, in relation to a local authority, means an employee of the authority who is authorised in writing by the authority for the purposes of giving notices under section 6.
“luggage trolley” and “shopping trolley” have the same meaning as in Schedule 4 to that Act.
Section 8 of the Control of Pollution (Amendment) Act 1989 is amended as follows. In subsection (1), after “regulations” insert “ or orders ”. After that subsection insert— In subsection (2)—
“appropriate person” means—
“motor vehicle” has the same meaning as in the Refuse Disposal (Amenity) Act 1978;
The Environmental Protection Act 1990 is amended as follows.
Section 52 is amended as follows. After subsection (4) insert— In subsection (5)— In subsection (6), for “subsections (1), (3)” substitute “ subsections (1)(b), (3)(b) ”. In subsection (7), for “subsections (2) and (4)” substitute “ subsections (2)(b) and (4)(b) ”. In subsection (8), for “subsections (1), (2), (3), (4)” substitute “ subsections (1)(b), (2)(b), (3)(b), (4)(b) ”.
In section 60(1)—
in paragraph (a), for the words from “a waste disposal contractor” to the end substitute “ or under arrangements made with a waste disposal authority or by any other local authority or person ”;
in paragraph (b), for the words from “a waste disposal contractor” to the end substitute “ or under arrangements made with a waste disposal authority, by a parish or community council or by a holder of a waste management licence; or ”.
In section 89(1), at the end of paragraph (e) insert “ and ”.
In section 91(1), at the end of paragraph (e) insert “ or ”.
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In section 95(1), after paragraph (b) insertand
In section 96(1)(b), after “section 92(9)” insert “ or 92C(3) ”.
Section 161 is amended as follows. In subsection (1) after “Secretary of State” insert “ , National Assembly for Wales ”. After subsection (2), insert— In subsection (4), at the end insertor
“local authority” means—
a county or county borough council in Wales;
Where an offence under section 3 or 4 committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of— he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
any director, manager, secretary or other similar officer of the body corporate, or
a person who was purporting to act in any such capacity,
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body.
Where on any occasion an authorised officer of a local authority has reason to believe that a person has committed an offence under section 3 or 4 in the area of that authority, the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty to the local authority.
Where a person is given a notice under this section in respect of an offence—
no proceedings may be instituted for that offence before the expiration of the period of fourteen days following the date of the notice; and
he may not be convicted of that offence if he pays the fixed penalty before the expiration of that period.
A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
A notice under this section must also state—
the period during which, by virtue of subsection (2), 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.
Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (4)(c) at the address so mentioned.
Where a letter is sent in accordance with subsection (5) 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.
The form of a notice under this section is to be such as the appropriate person may by order prescribe.
The fixed penalty payable to a local authority under this section is, subject to subsection (9), £100.
The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (8).
The local authority to which a fixed penalty is payable under this section may make provision for treating it 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 restrict the extent to which, and the circumstances in which, a local authority may make provision under subsection (10).
In any proceedings a certificate which— is evidence of the facts stated.
purports to be signed on behalf of the chief finance officer of the local authority, and
states that payment of a fixed penalty was or was not received by a date specified in the certificate,
In this section “chief finance officer”, in relation to a local authority, means the person having responsibility for the financial affairs of the authority.
If an authorised officer of a local authority proposes to give a person a notice under section 6, 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.
This section applies in relation to amounts paid to a local authority in pursuance of notices under section 6 (its “fixed penalty receipts”).
A local authority may use its fixed penalty receipts only for the purposes of—
its functions under the Refuse Disposal (Amenity) Act 1978 (c. 3);
its functions under sections 99 to 102 of the Road Traffic Regulation Act 1984 (c. 27);
its functions relating to the enforcement of sections 3 and 4;
such other of its functions as may be specified in regulations made by the appropriate person.
Regulations under subsection (2)(d) may (in particular) have the effect that an authority may use its fixed penalty receipts for the purposes of any of its functions.
A local authority must supply the appropriate person with such information relating to its use of its fixed 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 fixed penalty receipts—
pending their being used for the purposes of functions of the authority referred to in subsection (2);
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 fixed penalty receipts.
The provision that may be made under subsection (5)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the appropriate person) other than the authority.
Before making regulations under this section, the appropriate person must consult—
the authorities to which the regulations are to apply;
such other persons as the appropriate person thinks fit.
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 (c. 26), to be regarded as included among the powers mentioned in subsection (2) of that section.
For the purposes of this section, “this group of sections” means sections 6 to 8 and this section.
In this group of sections—
the occupier, or
any structure or area built or designed for human use (such as squares, parks and recreation areas);
“chief finance officer”, in relation to a local authority, is the person having responsibility for the financial affairs of the authority.
“chief finance officer”, in relation to a local authority, is the person having responsibility for the financial affairs of the authority.
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the occupier, or
a county or county borough council in Wales;
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In the House of Commons Disqualification Act 1975 (c. 24), in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate place insert— “ Commission for Architecture and the Built Environment. ”
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a member of the Commission,
a member of its staff,
a committee established under paragraph 5, or
any other person.
The appointed day is the day on which section 92 comes into force.
“local authority” has the same meaning as in section 99 of the Environmental Protection Act 1990;
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“authorised officer”, in relation to a local authority, means—
Any order or regulations under this group of sections must be made by statutory instrument.
Any such order or regulations may make different provision for different purposes (including different provision in relation to different authorities or different descriptions of authority).
A statutory instrument containing an order or regulations made by the Secretary of State under this group of sections is subject to annulment in pursuance of a resolution of either House of Parliament.
In the Refuse Disposal (Amenity) Act 1978 (c. 3), after section 2 (offence of unauthorised abandonment of vehicles etc) insert—
Section 3 of the Refuse Disposal (Amenity) Act 1978 (c. 3) (removal of abandoned vehicles) is amended as follows.
After subsection (2) (requirement to give notice to occupier) insert—
Omit subsection (5) (requirement to give notice of removal of vehicle which ought to be destroyed).
Section 4(1) of the Refuse Disposal (Amenity) Act 1978 (disposal of abandoned vehicles) is amended as follows.
For paragraphs (a) and (b) substitute—.
Omit the words from “but not earlier” to the end.
In section 11(1) of that Act (interpretation), in the definition of “licence”, at the end insert “ (including a nil licence within the meaning of that Act) ”.
In the Refuse Disposal (Amenity) Act 1978 (c. 3), after section 4 insert—
The Refuse Disposal (Amenity) Act 1978 is amended as follows.
In section 10(5), after “except” insert—.
“appropriate person” means—
Section 99 of the Road Traffic Regulation Act 1984 (c. 27) (removal of vehicles) is amended as follows.
In subsection (3) (requirement to give notice of removal to occupier), after “land” insert “ other than a road ”.
Omit subsection (4) (requirement to give notice of removal of vehicle which ought to be destroyed).
Section 101 of the Road Traffic Regulation Act 1984 (c. 27) (ultimate disposal of removed vehicles) is amended as follows.
In subsection (3), in paragraph (a), omit the words from “and on which” to “at the time of its removal”.
In that subsection, for paragraph (b) substitute—.
In that subsection, omit the words from “but, in a case” to the end.
In subsection (8), in the definition of “licence”, at the end insert “ (including a nil licence within the meaning of that Act) ”.
In section 103 of the Road Traffic Regulation Act 1984 (supplementary provision as to removal of vehicles), at the end insert—
In section 87 of the Environmental Protection Act 1990 (c. 43) (offence of leaving litter), for subsections (1) to (4) substitute—
Section 88 of the Environmental Protection Act 1990 (c. 43) (fixed penalty notices for leaving litter) is amended as follows.
For subsections (6) and (7) (amount of fixed penalty) substitute—
After subsection (8) insert—
In subsection (9), at the end insert—
“authorised officer”, in relation to a litter authority, means—
After that subsection insert—
Section 90 of the Environmental Protection Act 1990 (c. 43) (litter control areas) shall cease to have effect.
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In section 93 of the Environmental Protection Act 1990 (c. 43) (street litter control notices), after subsection (3) insert—
In section 94 of that Act (supplementary provisions in relation to street litter control notices), in subsection (4)(b) after “so specified” insert “(including the standards to which any such thing must be done)”.
In that section, for subsections (8) and (9) substitute—
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In the Environmental Protection Act 1990 (c. 43), after section 94A (as inserted by section 22 above) insert—
In that Act, after Schedule 3 insert—
After section 97 of the Environmental Protection Act 1990 (c. 43) insert—
In the Environmental Protection Act 1990 (c. 43), after section 97A (as inserted by section 24 above) insert—
In section 98 of the Environmental Protection Act 1990 (definitions), after subsection (1) insert—
In section 98 of the Environmental Protection Act 1990 (definitions), after subsection (5) insert—
In section 43 of the Anti-social Behaviour Act 2003 (c. 38) (penalty notices for graffiti and fly-posting) omit subsections (10) and (11).
After that section insert—
After section 43A of the Anti-social Behaviour Act 2003 (c. 38) (as inserted by section 28 above) insert—
“authorised officer”, in relation to a local authority, means—
In that section, at the end insert—
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Section 48 of the Anti-social Behaviour Act 2003 (c. 38) (graffiti removal notices) is amended as follows.
In subsection (1)(a) (section to apply where a relevant surface has been defaced by graffiti), after “graffiti” insert “or any poster or flyer the display of which contravenes regulations under section 220 of the Town and Country Planning Act 1990”.
In the Anti-social Behaviour Act 2003 (c. 38), after section 54 (sale of aerosol paint to children) insert—
Section 224 of the Town and Country Planning Act 1990 (c. 8) (enforcement of control as to advertisements) is amended as follows.
In subsection (5) (person not guilty of offence of displaying advertisement in contravention of regulations if he proves it was displayed without his knowledge or consent), for “that it was displayed without his knowledge or consent” substitute “ either of the matters specified in subsection (6) ”.
After that subsection insert—
This section does not have effect in relation to an offence committed, or alleged to have been committed, before the commencement of this section.
Section 225 of the Town and Country Planning Act 1990 (power to remove or obliterate placards and posters) is amended as follows.
In subsection (3)(b) after “notice” insert “ and recover from him the costs they may reasonably incur in doing so ”.
After subsection (5) insert—
After subsection (6) (as inserted by subsection (3) above) insert—
After subsection (8) (as inserted by subsection (4) above) insert—
In section 324 of that Act (rights of entry), omit subsection (3)(a).
In section 1 of the Control of Pollution (Amendment) Act 1989 (c. 14) (offence of transporting controlled waste without registering), in subsection (4)—
at the end of paragraph (a), insert “ or ”;
omit paragraph (c) (defence of acting under employer's instructions) and the preceding “or”.
This section does not have effect in relation to an offence committed, or alleged to have been committed, before the commencement of this section.
Section 2 of the Control of Pollution (Amendment) Act 1989 (c. 14) (power to make regulations about registration of carriers) is amended as follows.
In subsection (2)—
in paragraph (c), omit “free of charge”;
omit paragraph (d);
in paragraph (e), omit “free of charge”.
In subsection (3), omit paragraph (b) (provision as to form of applications).
In subsection (3A)—
for “paragraphs (b) and (d)” substitute “ paragraph (d) ”; and
omit paragraph (a) (further provision as to form of application).
After subsection (4) insert—
In subsection (5), for “to (4)” substitute “ to (4B) ”.
In section 3 of that Act (restrictions on power under section 2), in subsection (2), after “except” insert “ in accordance with regulations under subsection (4A) of that section or ”.
For section 5 of the Control of Pollution (Amendment) Act 1989 substitute—
In the Control of Pollution (Amendment) Act 1989 (c. 14), after section 5A (as inserted by section 37 above) insert—
Section 9 of the Control of Pollution (Amendment) Act 1989 (c. 14) (interpretation) is amended as follows.
“appropriate person” means—
After subsection (1A) insert—
In section 33 of the Environmental Protection Act 1990 (c. 43) (offence of unauthorised or harmful deposit etc of controlled waste), omit subsection (7)(b) (defence of acting on employer's instructions).
This section does not have effect in relation to an offence committed, or alleged to have been committed, before the commencement of this section.
In section 33 of the Environmental Protection Act 1990 (offence of unauthorised or harmful deposit etc of waste), for subsections (8) and (9) (penalties) substitute—
Subsection (1) does not have effect in relation to offences committed before the commencement of this section.
In relation to offences committed after 2 May 2022, the amendment made by this section has effect as if for “ the general limit in a magistrates’ court ” there were substituted “ 6 months ”.
After section 33 of the Environmental Protection Act 1990 (c. 43) insert—
This section does not have effect in relation to an offence under section 33 of that Act committed before the commencement of this section.
After section 33A of the Environmental Protection Act 1990 (as inserted by section 42 above) insert—
In section 59 of that Act (power to require removal of waste unlawfully deposited), after subsection (8) insert—
This section does not have effect in relation to an offence under section 33 of that Act committed before the commencement of this section.
In the Environmental Protection Act 1990 (c. 43), after section 33B (as inserted by section 43 above) insert—
This section does not have effect in relation to an offence under section 33 of that Act committed before the commencement of this section.
In the Environmental Protection Act 1990 (c. 43), after section 34 (duty of care etc as respects waste) insert—
After section 34A of the Environmental Protection Act 1990 (c. 43) (as inserted by section 45 above), insert—
In section 71 of that Act (obtaining information from persons and authorities)—
after subsection (2) insert—;
in subsection (3) after “subsection (2)” insert “ or (2A) ”.
Section 32 of and Schedule 2 to the Environmental Protection Act 1990 (c. 43) (power to require local authorities to transfer waste disposal functions etc to specially formed companies) shall cease to have effect.
In the Environmental Protection Act 1990, after section 47 (receptacles for commercial or industrial waste) insert—
Section 52 of the Environmental Protection Act 1990 (c. 43) (payments for recycling and disposal etc of waste) is amended as follows.
In subsection (1) after “so retained” insert—.
After subsection (1) insert—
After subsection (1A) (as inserted by subsection (3) above) insert—
In subsection (2) after “so collected” insert—.
In subsection (3) after “so collected” insert—.
In subsection (4) after “so collected” insert—.
After subsection (8) insert—
At the end insert—
In section 59 of the Environmental Protection Act 1990 (c. 43) (power to require removal of waste unlawfully deposited), in subsection (7)(b) after “occupier of the land” insert “ or the occupier cannot be found without the authority incurring unreasonable expense ”.
After that section insert—
In section 29 of the Environmental Protection Act 1990 (c. 43), after subsection (1) insert—
In the Environmental Protection Act 1990 (c. 43), after section 73 insert—
In section 108 of the Environment Act 1995 (c. 25) (powers of enforcing authorities etc), in subsection (15), in the definition of “pollution control functions” in relation to a waste collection authority, for “conferred on it by section 59” substitute “ conferred or imposed on it by or under Part 2 ”.
The Secretary of State may by regulations make provision requiring persons of a specified description—
to prepare plans for the management and disposal of waste created in the course of specified descriptions of works in England involving construction or demolition;
to comply with such plans.
Descriptions of works that may be specified under subsection (1)(a) include in particular description by reference to the cost or likely cost of such works.
Regulations under this section may make supplementary and incidental provision, including in particular provision as to—
the circumstances in which plans must be prepared;
the contents of plans;
enforcement authorities in relation to plans and the powers of such authorities;
the keeping of plans and their production to enforcement authorities;
offences in relation to a failure to comply with a requirement under the regulations;
penalties for those offences;
the discharging of liability for an offence under the regulations by the payment of a fixed penalty to an enforcement authority;
the uses to which such payments may be put by enforcement authorities.
Regulations under this section may make different provision for different purposes.
Regulations under this section making provision under subsection (3)(h) may in particular make different provision relating to different enforcement authorities or different descriptions of enforcement authority (including provision framed by reference to performance categories under section 99(4) of the Local Government Act 2003 (c. 26)).
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations made by the Secretary of State under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State may give guidance to persons who are enforcement authorities under subsection (3)(c) in relation to the powers conferred on them under that provision.
In this section—
“the responsible person” in respect of premises means—
a person occupying the premises, or
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A primary or secondary authority may in accordance with this Chapter make an order providing for an offence or offences relating to the control of dogs in respect of any land in its area to which this Chapter applies.
An order under subsection (1) is to be known as a “dog control order”.
For the purposes of this Chapter an offence relates to the control of dogs if it relates to one of the following matters—
fouling of land by dogs and the removal of dog faeces;
the keeping of dogs on leads;
the exclusion of dogs from land;
the number of dogs which a person may take on to any land.
An offence provided for in a dog control order must be an offence which is prescribed for the purposes of this section by regulations made by the appropriate person.
Regulations under subsection (4) may in particular—
specify all or part of the wording to be used in a dog control order for the purpose of providing for any offence;
permit a dog control order to specify the times at which, or periods during which, an offence is to apply;
provide for an offence to be defined by reference to failure to comply with the directions of a person of a description specified in the regulations.
A dog control order may specify the land in respect of which it applies specifically or by description.
A dog control order may be revoked or amended by the authority which made it; but this Chapter applies in relation to any amendment of a dog control order as if it were the making of a new order.
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The appropriate person must by regulations prescribe the penalties, or maximum penalties, which may be provided for in a dog control order in relation to any offence.
Regulations under subsection (1) may not in any case permit a dog control order to provide for a penalty other than a fine not exceeding level 3 on the standard scale in relation to any offence.
The appropriate person must by regulations prescribe such other requirements relating to the content and form of a dog control order as the appropriate person thinks fit.
The appropriate person must by regulations prescribe the procedure to be followed by a primary or secondary authority before and after making a dog control order.
Regulations under subsection (4) must in particular include provision as to—
consultation to be undertaken before a dog control order is made;
the publicising of a dog control order after it has been made.
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Subject to this section, this Chapter applies to any land which is open to the air and to which the public are entitled or permitted to have access (with or without payment).
For the purposes of this section, any land which is covered is to be treated as land which is “open to the air” if it is open to the air on at least one side.
The appropriate person may by order designate land as land to which this Chapter does not apply (generally or for such purposes as may be specified in the order).
Land may be designated under subsection (3) specifically or by description.
Where a private Act confers powers on a person other than a primary or secondary authority for the regulation of any land, that person may, by notice in writing given to the primary and secondary authorities in whose area the land is situated, exclude the application of this Chapter to that land.
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Each of the following is a “primary authority” for the purposes of this Chapter—
a district council in England;
a county council in England for an area for which there is no district council;
a London borough council;
the Common Council of the City of London;
the Council of the Isles of Scilly;
a county or county borough council in Wales.
Each of the following is a “secondary authority” for the purposes of this Chapter—
a parish council in England;
a community council in Wales.
The appropriate person may by order designate any person or body exercising functions under an enactment as a secondary authority for the purposes of this Chapter in respect of an area specified in the order.
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This section applies where on any occasion—
an authorised officer of a primary or secondary authority has reason to believe that a person has committed an offence under a dog control order made by that authority; or
an authorised officer of a secondary authority has reason to believe that a person has in its area committed an offence under a dog control order made by a primary authority.
The authorised officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty.
A fixed penalty payable under this section is payable to the primary or secondary authority whose officer gave the notice.
Where a person is given a notice under this section in respect of an offence—
no proceedings may be instituted for that offence before the expiration of the period of fourteen days following the date of the notice; and
he may not be convicted of that offence if he pays the fixed penalty before the expiration of that period.
A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
A notice under this section must also state—
the period during which, by virtue of subsection (4), 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.
Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (6)(c) at the address so mentioned.
Where a letter is sent in accordance with subsection (7) 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.
The form of a notice under this section is to be such as the appropriate person may by order prescribe.
In any proceedings a certificate which— is evidence of the facts stated.
purports to be signed on behalf of the chief finance officer of a primary or secondary authority, and
states that payment of a fixed penalty was or was not received by a date specified in the certificate,
In this section—
any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function;
“alarm notification area” means an area in respect of which a designation under section 69 has effect;
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despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict their transfer by the old Commission;
without any instrument or other formality being required.
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So far as is necessary or appropriate in consequence of paragraph 3, on and after the appointed day a reference to the old Commission in an enactment, instrument or other document is to be treated as a reference to the Commission.
“non-residential premises” means premises which are not residential premises;
The appropriate person may by regulations prescribe conditions to be satisfied by a person before a secondary authority may authorise him in writing for the purpose of giving notices under this section.
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The amount of a fixed penalty payable to a primary or secondary authority in pursuance of a notice under section 59 in respect of an offence under a dog control order—
is the amount specified by the authority which made the order;
if no amount is so specified, is £75.
A primary or secondary authority may under subsection (1)(a) specify different amounts in relation to different offences.
A primary or secondary authority may make provision for treating a fixed penalty payable to that authority in pursuance of a notice under section 59 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 primary and secondary authorities under subsections (1)(a) and (3).
Regulations under subsection (4) may (in particular)—
require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations;
restrict the extent to which, and the circumstances in which, a primary or secondary 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 (1)(b).
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If an authorised officer of a primary or secondary authority proposes to give a person a notice under section 59, 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.
In this section “authorised officer” has the same meaning as in section 59.
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The Police Reform Act 2002 (c. 30) is amended as follows.
In Schedule 4 (community support officers), in paragraph 1(2), after paragraph (d) insertand
In Schedule 5 (accredited persons), in paragraph 1(2), after paragraph (c) insertand
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Where a primary authority makes a dog control order providing for an offence relating to a matter specified in any of paragraphs (a) to (d) of section 55(3) as respects any land—
a secondary authority may not make a dog control order providing for any offence which relates to the matter specified in that paragraph as respects that land;
any dog control order previously made by a secondary authority providing for any offence which relates to the matter specified in that paragraph shall, to the extent that it so provides, cease to have effect.
Where the area of an authority designated as a secondary authority under section 58(3) is to any extent the same as that of a parish or community council, subsection (1) applies in relation to orders made by the designated authority and that council as if the council were a primary authority.
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Where, apart from this subsection, a primary or secondary authority has at any time power to make a byelaw in relation to any matter specified in any of paragraphs (a) to (d) of section 55(3) as respects any land, it may not make such a byelaw if at that time it has power under this Chapter to make a dog control order as respects that land in relation to the matter specified in that paragraph.
Subsection (1) does not affect any byelaw which the authority had power to make at the time it was made.
Where a dog control order is made in relation to any matter specified in any of paragraphs (a) to (d) of section 55(3) as respects any land, any byelaw previously made by a primary or secondary authority which has the effect of making a person guilty of any offence in relation to the matter specified in that paragraph as respects that land shall cease to have that effect.
Where any act or omission would, apart from this subsection, constitute an offence under a dog control order and any byelaw, the act or omission shall not constitute an offence under the byelaw.
The Dogs (Fouling of Land) Act 1996 (c. 20) shall cease to have effect.
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the Secretary of State, in relation to England;
the National Assembly for Wales, in relation to Wales.
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Any power conferred by this Chapter on the Secretary of State or National Assembly for Wales to make regulations or an order includes—
power to make different provision for different purposes (including different provision for different authorities or different descriptions of authority);
power to make consequential, supplementary, incidental and transitional provision and savings.
Any power conferred by this Chapter on the Secretary of State or National Assembly for Wales to make regulations or an order is exercisable by statutory instrument.
The Secretary of State may not make a statutory instrument containing regulations under section 55(4) or 56(1) unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing— is subject to annulment in pursuance of a resolution of either House of Parliament.
regulations made by the Secretary of State under this Chapter to which subsection (3) does not apply, or
an order made by the Secretary of State under this Chapter,
Section 3 of the Dogs Act 1906 (c. 32) (seizure of stray dogs by police) shall, subject to subsection (2), cease to have effect.
The repeal in subsection (1) does not apply for the purposes of section 2(2) and (3) of the Dogs (Protection of Livestock) Act 1953 (c. 28).
In section 150 of the Environmental Protection Act 1990 (c. 43) (delivery of stray dogs to police or local authority officer), in subsection (1)—
in paragraph (b), omit sub-paragraph (ii) and the preceding “or”;
omit the words from “or the police officer” to “as the case may be,”.
In the heading to that section, omit “police or”.
A local authority may designate all or any part of its area as an alarm notification area.
If a local authority proposes to designate an area as an alarm notification area it must arrange for notice of the proposal to be published in a newspaper circulating in the area.
The notice must state—
that representations may be made to the authority about the proposal;
that any such representations must be made before a specified date.
The specified date must be at least 28 days after the date on which the notice is published in accordance with subsection (2).
The local authority must consider any representations about the proposal which it receives before the specified date.
If a local authority decides to designate an area as an alarm notification area it must—
arrange for notice of the decision to be published in a newspaper circulating in the area, and
send a copy of the notice to the address of all premises in the area.
The notice must specify the date on which the designation is to have effect.
The date specified must be at least 28 days after the date on which the notice is published in accordance with subsection (6)(a).
If a local authority decides not to designate an area as an alarm notification area it must arrange for notice of the decision to be published in a newspaper circulating in the area.
A local authority which has designated an area as an alarm notification area may withdraw the designation.
If a local authority decides to withdraw a designation of an area as an alarm notification area, it must—
arrange for notice of the decision to be published in a newspaper circulating in the area, and
send a copy of the notice to the address of all premises in the area.
The notice must specify the date on which the withdrawal of the designation is to have effect.
This section and section 72 apply in relation to premises if—
the premises are in an area designated by a local authority as an alarm notification area, and
an audible intruder alarm has been installed in or on the premises.
The responsible person must—
nominate a key-holder in respect of the premises in accordance with section 72;
notify the local authority in writing before the end of the required period of the name, address and telephone number of the key-holder nominated in respect of the premises in accordance with that section.
The required period for the purposes of subsection (2)(b) is the period before the end of which the key-holder is required to be nominated in accordance with section 72.
A person commits an offence if he fails to comply with a requirement of subsection (2).
A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The responsible person must before the end of the required period nominate a person as a key-holder in respect of the premises.
The required period for the purposes of subsection (1) is—
if the alarm was installed before the date on which the designation of the area had effect, the period of 28 days starting with that date;
if the alarm was installed on or after that date, the period of 28 days starting with the date on which the installation was completed.
A person may be nominated as a key-holder in respect of premises under this section only if—
he holds keys sufficient to enable him to gain access to the part of the premises in which the controls for the alarm are situated;
he normally resides or is situated in the vicinity of the premises;
he has information sufficient to enable him to silence the alarm;
he agrees to be a nominated key-holder in respect of the premises;
where the premises are residential premises, he falls within subsection (4);
where the premises are non-residential premises, he falls within subsection (5).
A person falls within this subsection if he is—
an individual who is not the occupier of the premises, or
a key-holding company.
A person falls within this subsection if he is—
an individual who—
is the responsible person, or
is acting on behalf of the responsible person, if the responsible person is not an individual, or
a key-holding company.
If the responsible person becomes aware that a person who has been nominated as a key-holder in respect of premises under this section no longer satisfies one or more of the requirements in subsection (3), the responsible person must before the end of the required period nominate another person as a key-holder in respect of the premises.
The required period for the purposes of subsection (6) is the period of 28 days starting with the date on which the responsible person becomes aware of that fact.
In this section—
if there is no occupier, the owner.
“authorised officer” means an officer of a local authority who is authorised by the authority (generally or specifically) for the purposes of this section;
a person occupying the premises, or
This section applies if it appears to an authorised officer of a local authority that a person has committed an offence under section 71(4) in the area of the local authority.
The officer may give the person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty.
If a person is given a notice under this section in respect of an offence—
no proceedings may be instituted for the offence before the end of the period of 14 days starting with the day after that on which the notice is given, and
he may not be convicted of the offence if he pays the fixed penalty before the end of that period.
A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
A notice under this section must also state—
the period during which, by virtue of subsection (3), 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 be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (5)(c) at the address so mentioned.
If a letter is sent in accordance with subsection (6) payment is to be regarded as having been made at the time at which the letter would be delivered in the ordinary course of post.
Subsection (6) does not prevent payment of the fixed penalty being made by another method.
In any proceedings a certificate which— is evidence of the facts stated.
purports to be signed by or on behalf of the chief finance officer of a local authority, and
states that payment of a fixed penalty was or was not received by a date specified in the certificate,
The form of a notice under this section is to be such as the appropriate person may by order prescribe.
In this section—
This section applies in relation to a penalty payable to a local authority in pursuance of a notice under section 73.
The amount of the penalty is—
the amount specified by the local authority in relation to its area, or
if no amount is so specified, £75.
The local authority may make provision for treating the penalty 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, an 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).
A local authority may use any sums it receives in respect of fixed penalties payable in pursuance of notices given under section 73 (its “penalty receipts”) only for the purposes of functions of its that are qualifying functions.
The following are qualifying functions for the purposes of this section—
functions under this Chapter;
functions under the Noise Act 1996 (c. 37);
functions under sections 79 to 82 of the Environmental Protection Act 1990 (c. 43) (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 (2)(d) 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 (5)(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 thinks fit.
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 (c. 26), to be regarded as included among the powers mentioned in subsection (2) of that section.
If an authorised officer of a local authority proposes to give a person a notice under section 73, 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.
“Authorised officer” has the meaning given in section 73.
This section applies if an authorised officer of a local authority is satisfied that the conditions in subsection (2) are met in relation to an audible intruder alarm installed in or on premises in the area of the local authority.
The conditions are—
that the alarm has been sounding continuously for more than twenty minutes or intermittently for more than one hour;
that the sounding of the alarm is likely to give persons living or working in the vicinity of the premises reasonable cause for annoyance;
if the premises are in an alarm notification area, that reasonable steps have been taken to get the nominated key-holder to silence the alarm.
The officer may enter the premises for the purpose of silencing the alarm.
The officer may not enter premises by force under this section.
The officer must, if required, show evidence of his authority to act under this section.
In this section—
This section applies if, on an application made by an authorised officer of a local authority, a justice of the peace is satisfied—
that the conditions in section 77(2)(a) and (b) are met in relation to an audible intruder alarm installed in or on premises in the area of the local authority,
if the premises are in an alarm notification area, that the condition in section 77(2)(c) is met, and
that the officer is unable to gain entry to the premises without the use of force.
The justice of the peace may issue a warrant authorising the officer to enter the premises, using reasonable force if necessary, for the purpose of silencing the alarm.
Before applying for a warrant under this section, the officer must leave a notice at the premises stating—
that the officer is satisfied that the sounding of the alarm is likely to give persons living or working in the vicinity of the premises reasonable cause for annoyance, and
that an application is to be made for a warrant authorising the officer to enter the premises, using reasonable force if necessary, for the purpose of silencing the alarm.
The officer must, if required, show evidence of a warrant issued under this section.
“Authorised officer” has the meaning given in section 77.
This section applies where an officer of a local authority enters any premises under section 77 or under a warrant issued under section 78.
The officer may take any steps he thinks necessary for the purpose of silencing the alarm.
The officer may take with him— as he thinks necessary for the purpose of silencing the alarm.
such other persons, and
such equipment,
The officer and any person who enters the premises with him by virtue of subsection (3) must not cause more damage to or disturbance at the premises than is necessary for the purpose of silencing the alarm.
If the premises are unoccupied or (where the premises are occupied) the occupier of the premises is temporarily absent the officer must—
leave a notice at the premises stating what action has been taken on the premises under this section and section 77 or 78;
leave the premises (so far as is reasonably practicable) as effectively secured against entry as he found them.
But the officer is not required by virtue of subsection (5)(b) to re-set the alarm.
Any expenses reasonably incurred by the local authority in connection with entering the premises, silencing the alarm and complying with subsection (5) may be recovered by the authority from the responsible person.
A warrant under section 78 continues in force until—
the alarm has been silenced, and
the officer has complied with subsection (5) (if that subsection applies).
Nothing done by, or by a member of, a local authority or by an officer of or another person authorised by a local authority, if done in good faith for the purposes of section 77, 78 or this section, is to subject the authority or any of those persons personally to any action, liability, claim or demand.
This section applies to a power conferred on the appropriate person under any provision of this Chapter to make an order or regulations.
The power includes—
power to make different provision for different purposes (including different provision for different local authorities and descriptions of local authority);
power to make consequential, supplementary, incidental, transitional and saving provision.
The power is exercisable by statutory instrument.
A statutory instrument containing an order or regulations made by the Secretary of State under any provision of this Chapter is subject to annulment in pursuance of a resolution of either House of Parliament.
In this Chapter—
“appropriate person” means—
In section 325 of the Highways Act 1980, in subsection (2)(a), after “subsection (2A) below” insert “ or regulations made by the National Assembly for Wales under Part 8A ”.
The Anti-social Behaviour Act 2003 is amended as follows.
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In section 45, for subsection (1) substitute—
In section 47(1), after “sections 43” insert “ to 43B ”.
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The fact that a person is occupying premises is to be disregarded for the purposes of this Chapter if—
the premises comprise a building that is being erected, constructed, altered, improved, maintained, cleaned or repaired,
the person is occupying the premises in connection with the erection, construction, alteration, improvement, maintenance, cleaning or repair, and
the person is doing so by virtue of a licence granted for less than four weeks.
In section 8 of the Noise Act 1996 (c. 37) (fixed penalty notices), omit subsection (8) (amount of fixed penalty).
After that section insert—
Section 9 of the Noise Act 1996 (c. 37) (fixed penalty notices: supplementary) is amended as follows.
In subsection (4A) (qualifying functions for the use of penalty receipts), omit “and” at the end of paragraph (a) and after that paragraph insert—.
After subsection (4F) insert—
Schedule 1 (which makes provision amending the Noise Act 1996 (c. 37) so that it applies to licensed premises etc) has effect.
Section 11 of the Noise Act 1996 (interpretation and subordinate legislation) is amended as follows.
After subsection (2) insert—
In subsection (3), after “section 14” insert “ or an order or regulations made solely by the National Assembly for Wales ”.
In section 80 of the Environmental Protection Act 1990 (c. 43) (summary proceedings for statutory nuisances), at the beginning of subsection (1) insert “ Subject to subsection (2A) ” and after subsection (2) insert—
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There is to be a body corporate to be known as the Commission for Architecture and the Built Environment (in this Part referred to as “the Commission”).
Schedule 2 makes further provision about the Commission.
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The functions of the Commission are the promotion of education and high standards in, and understanding and appreciation of—
architecture, and
the design, management and maintenance of the built environment.
The Commission must discharge its functions in relation to England and may also discharge them in relation to any other place it thinks appropriate.
The Commission may, for any purpose connected with the discharge of its functions—
provide, or assist in the provision of, public works, services and amenities;
take any other steps it thinks appropriate.
The steps that the Commission has power to take under subsection (3)(b) include in particular—
providing advice and developing and reviewing projects (whether or not it is requested to do so);
providing financial assistance;
carrying out or supporting the carrying out of research;
commissioning or assisting in the commissioning of works of art;
establishing and administering charities;
inviting and accepting financial assistance and gifts (financial or otherwise);
entering into funding or other arrangements or agreements;
exploiting intellectual property or any other intangible asset;
making investments, subject to subsection (5);
acquiring or disposing of land, subject to subsection (6);
forming or participating in the formation of bodies corporate, subject to subsection (6).
The Commission may make an investment only if the form or manner of the investment has been approved by the Secretary of State.
The Commission may— only with the consent of the Secretary of State.
acquire or dispose of land, or
form or participate in the formation of a body corporate,
If the Commission has power to take any steps under subsection (3), it may take them anywhere it thinks appropriate.
The Commission may make charges in respect of any service provided by it.
In discharging its functions the Commission must have regard to national policies and advice relating to sustainable development contained in guidance issued by the Secretary of State.
In this section—
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The Secretary of State may by order—
confer further functions on the Commission;
remove functions from the Commission;
make changes to any functions of the Commission.
An order under subsection (1) may confer a function on the Commission only if the function appears to the Secretary of State to be connected (directly or indirectly) to an existing or former function of the Commission.
The provision that may be made in an order under subsection (1) includes provision amending or repealing any provision of an enactment conferring functions on the Commission.
In preparing a draft of an order under subsection (1) the Secretary of State must consult the Commission.
The Secretary of State may by order make provision for the dissolution of the Commission.
An order under this section may, in particular—
provide for the transfer of the property, rights or liabilities of the Commission to another person;
make provision enabling a person to receive anything transferred under paragraph (a) (despite any provision which would otherwise prevent, penalise or restrict it);
provide for the transfer of some or all of the functions of the Commission to another person;
establish a body corporate;
provide for anything done by or in relation to the Commission to have effect as if done by or in relation to another person;
permit anything (which may include legal proceedings) which is in the process of being done by or in relation to the Commission when a transfer takes effect, to be continued by or in relation to another person;
provide for a reference to the Commission in an enactment, instrument or other document to be treated as a reference to another person.
The Secretary of State may not make an order under this section providing for the transfer of property, rights, liabilities or functions to a person unless the person has consented to the transfer.
An order under this section which transfers rights and liabilities relating to employees of the Commission must make provision for the Transfer of Undertakings (Protection of Employment) Regulations 2006 to apply to that transfer.
The company limited by guarantee with registered number 3831652 and the company name “Commission for Architecture and the Built Environment” (in this Part referred to as “the old Commission”) is dissolved.
The Secretary of State must inform the registrar of companies of the dissolution of the old Commission before the end of the period of seven days starting on the day on which this section comes into force.
On being informed of the dissolution of the old Commission, the registrar of companies must strike the name of the old Commission off the register of companies.
“The registrar of companies” has the meaning given in section 744 of the Companies Act 1985 (c. 6).
Schedule 3 (which provides for the transfer of staff, property, rights and liabilities from the old Commission to the Commission) has effect.
For the purposes of any enactment about income tax or corporation tax, the Commission and the old Commission are to be treated as the same person.
In particular, the transfers effected by paragraphs 1 and 3 of Schedule 3 are to be disregarded for those purposes.
Accordingly, those transfers are not to be regarded for the purposes of Schedule 29 to the Finance Act 2002 (c. 23) (gains and losses from intangible fixed assets) as involving any realisation of an asset by the old Commission or acquisition of an asset by the Commission.
No transfer effected by paragraph 3 of Schedule 3 is to give rise to any liability to stamp duty or stamp duty land tax.
The Secretary of State may give financial assistance to a person for a purpose which appears to the Secretary of State to be connected with the promotion of education or high standards in, or understanding or appreciation of—
architecture, or
the design, management or maintenance of the built environment.
Financial assistance under this section may be given in such form as the Secretary of State thinks fit and in particular may be given by—
making grants (whether or not repayable) or loans;
giving guarantees;
incurring expenditure;
providing services, staff or equipment.
Financial assistance under this section may be given subject to conditions imposed by the Secretary of State or the Treasury.
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“The built environment” includes—
any structure or area built or designed for human use (such as squares, parks and recreation areas);
any area available for public use which is in the vicinity of such a structure or within or in the vicinity of such an area.
This section applies to a power to make an order conferred on the Secretary of State by any provision of this Part.
The power includes—
power to make different provision for different purposes;
power to make consequential, supplementary, incidental, transitional and saving provision.
The power is exercisable by statutory instrument.
... , the Secretary of State may not make a statutory instrument containing an order under this Part unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
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This section applies in relation to amounts paid to an authority in England, other than a parish or community council, in pursuance of notices under—
section 88 of the Environmental Protection Act 1990 (fixed penalty notices for leaving litter);
paragraph 7 of Schedule 3A to the Environmental Protection Act 1990 (free distribution of printed matter on designated land: fixed penalty notices);
section 43(1) of the Anti-social Behaviour Act 2003 (penalty notices for graffiti and fly-posting).
The amounts to which this section applies which are paid to an authority are in this section called the authority's “fixed penalty receipts”.
An authority may use its fixed penalty receipts paid to it in pursuance of a notice under section 88 of the Environmental Protection Act 1990 only for the purposes of—
the employment or engagement of its authorised officers, as defined in section 88(10) of the Environmental Protection Act 1990, or any of the functions of those officers,
its functions relating to offences under the following provisions of the Environmental Protection Act 1990—
section 87(1) (offence of leaving litter), or
section 88(8B) (offence of failing to give a name and address or giving a false or inaccurate name or address),
its functions relating to the collection and disposal of litter and refuse,
its functions relating to the restoration of land following littering, and
such other of its functions as may be specified in regulations made by the Secretary of State.
An authority may use its fixed penalty receipts paid to it in pursuance of a notice under paragraph 7 of Schedule 3A to the Environmental Protection Act 1990 or section 43(1) of the Anti-social Behaviour Act 2003 only for the purposes of—
its functions under Part 4 of the Environmental Protection Act 1990 (litter etc);
its functions under section 43 of the Anti-social Behaviour Act 2003 (penalty notices for graffiti and fly-posting);
such other of its functions as may be specified in regulations made by the Secretary of State.
Regulations under subsection (4)(c) may (in particular) have the effect that an authority may use those fixed penalty receipts for the purposes of any of its functions.
An authority must supply the Secretary of State with such information relating to its fixed penalty receipts as the Secretary of State may require.
The Secretary of State may by regulations make provision—
about what an authority must do with its fixed penalty receipts pending the use of those receipts for the purposes referred to in subsection (3) or (4);
about the period within which an authority must use those fixed penalty receipts for those purposes;
about what an authority must do with those fixed penalty receipts that are not used for those purposes within that period;
for accounting arrangements in respect of an authority’s fixed penalty receipts.
The provision that may be made under subsection (7)(c) includes (in particular) provision for the payment of sums to a person (including the Secretary of State) other than the authority.
Before making regulations under this section, the Secretary of State must consult—
the authorities to which the regulations are to apply;
such other persons as the Secretary of State thinks fit.
This section applies in relation to—
amounts paid to an authority in Wales, other than a parish or community council, in pursuance of notices under sections 88 and 94A of and paragraph 7 of Schedule 3A to the Environmental Protection Act 1990 (c. 43);
amounts paid to an authority in Wales, other than a parish or community council, in pursuance of notices under section 43(1) of the Anti-social Behaviour Act 2003 (c. 38);
amounts paid to a primary authority, within the meaning of Chapter 1 of Part 6 above, in pursuance of notices under section 59 above.
The amounts to which this section applies which are paid to an authority are in this section called the authority's “fixed penalty receipts”.
An authority may use its fixed penalty receipts only for the purposes of qualifying functions of the authority.
For the purposes of this section the “qualifying functions” of an authority are—
its functions under Part 4 of the Environmental Protection Act 1990;
its functions under section 43 of the Anti-social Behaviour Act 2003;
its functions under Chapter 1 of Part 6 above; and
such other of its functions as may be specified in regulations made by the Welsh Ministers.
Regulations under subsection (4)(d) may (in particular) have the effect that an authority may use its fixed penalty receipts for the purposes of any of its functions.
An authority must supply the Welsh Ministers with such information relating to its fixed penalty receipts as the Welsh Ministers may require.
The Welsh Ministers may by regulations—
make provision for what an authority is to do with its fixed 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 an authority's fixed penalty receipts.
The provision that may be made under subsection (7)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the Welsh Ministers) other than the authority.
Before making regulations under this section, the Welsh Ministers must consult—
the authorities to which the regulations are to apply;
such other persons as the Welsh Ministers think fit.
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 (c. 26), to be regarded as included among the powers mentioned in subsection (2) of that section.
The appropriate person must by regulations make provision relating to—
the use by a parish or community council of amounts received by it in pursuance of notices under—
section 88 of the Environmental Protection Act 1990 (c. 43);
section 43(1) of the Anti-social Behaviour Act 2003 (c. 38); and
section 59 above; and
the use by a person or body designated under section 58(3) above as a secondary authority for the purposes of Chapter 1 of Part 6 above of amounts received by that person or body in pursuance of notices under section 59 above.
Regulations under this section may in particular include provision requiring a parish or community council or a person or body referred to in subsection (1)(b)—
to use the amounts received as specified in subsection (1) only for the purpose of such of its functions as may be specified in the regulations;
to pay sums in respect of those amounts to another person (including the appropriate person);
to supply information in relation to those amounts to the appropriate person;
to adopt such accounting arrangements in respect of those amounts as may be specified in the regulations.
Regulations under this section may include provision framed by reference to performance categories conferred on a parish or community council by such person as may be specified in the regulations.
In section 97, “appropriate person” means—
the Secretary of State, in relation to England;
the National Assembly for Wales, in relation to Wales.
The powers to make regulations conferred by sections 95A, 96 and 97 include—
power to make different provision for different purposes (including different provision for different authorities or different descriptions of authority);
power to make consequential, supplementary, incidental and transitional provision and savings.
Regulations under sections 95A, 96 and 97 must be made by statutory instrument.
The Secretary of State may not make a statutory instrument containing regulations under section 95A or 97 unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Schedule 4 to the Environmental Protection Act 1990 (c. 43) is amended as follows.
In paragraph 3(2) (retention, return and disposal of trolleys: notice to owner) for “seized or removed” substitute “ seized and removed ”.
After paragraph 3 insert—
In paragraph 4 (charges)—
in sub-paragraph (1)—
for the words from “in fixing” to “sufficient” substitute “ in fixing the charges to be paid under this Schedule, shall secure that the charges so payable are such as are sufficient ”, and
for “such trolleys” substitute “ shopping or luggage trolleys ”, and
in sub-paragraph (2), after “paragraph 3” insert “ or 3A ”.
This section applies if, before the commencement date, a local authority in England and Wales has resolved under section 99 of the Environmental Protection Act 1990 that Schedule 4 to that Act is to apply in its area.
If the day specified in the resolution for the coming into force of Schedule 4 in the authority's area falls on or after the commencement date, the resolution is to be of no effect.
If Schedule 4 applies in the authority's area immediately before the commencement date, the Schedule is to continue to apply in the authority's area on and after the commencement date as it applied before that date.
But Schedule 4 shall not so apply in relation to any shopping or luggage trolley seized by the authority on or after the relevant day.
For the purposes of subsection (4) the relevant day is the earlier of—
the third anniversary of the commencement date;
if the authority resolves under section 99 of the Environmental Protection Act 1990 (c. 43) that Schedule 4 (as amended by section 99 of this Act) is to apply in its area, the day specified in the resolution as the day on which the Schedule (as so amended) comes into force in its area.
So long as Schedule 4 continues to apply as described in subsection (3), the reference in section 99(4) of the Environmental Protection Act 1990 to Schedule 4 is to be treated as including a reference to Schedule 4 as it so applies.
If the authority resolves under section 99 that Schedule 4 (as amended by section 99 of this Act) is to apply in its area, the authority may not in giving effect to paragraph 4(1) of Schedule 4 (as so amended) take into account charges payable in relation to shopping or luggage trolleys seized before the Schedule (as so amended) comes into force in its area.
Nothing in this section prevents the authority from bringing to an end the application of Schedule 4 in its area.
In this section—
Section 79 of the Environmental Protection Act 1990 (statutory nuisances and inspections) is amended as follows.
In subsection (1) (matters constituting statutory nuisances) after paragraph (f) insert—.
After subsection (5) insert—
“appropriate person” means—
“agricultural” has the same meaning as in section 109 of the Agriculture Act 1947; “agricultural unit” means land which is occupied as a unit for agricultural purposes; “drain” has the same meaning as in the Water Resources Act 1991; “lake or pond” has the same meaning as in section 104 of that Act; “sewer” has the same meaning as in that Act.
Section 79 of the Environmental Protection Act 1990 (c. 43) is amended as follows.
In subsection (1) (matters constituting statutory nuisances) after paragraph (fa) (as inserted by section 101 (2)) insert—.
In subsection (2) (exception from subsection (1)(b) and (g) for premises occupied for defence purposes) after “Subsection (1)(b)” insert “ , (fb) ”.
After subsection (5A) (as inserted by section 101 (3)) insert—
“airport” has the meaning given by section 95 of the Transport Act 2000; “associated facilities”, in relation to a bus station, has the meaning given by section 83 of the Transport Act 1985; “bus station” has the meaning given by section 83 of the Transport Act 1985; “goods vehicle operating centre”, in relation to vehicles used under an operator's licence, means a place which is specified in the licence as an operating centre for those vehicles, and for the purposes of this definition “operating centre” and “operator's licence” have the same meaning as in the Goods Vehicles (Licensing of Operators) Act 1995; “harbour premises” means premises which form part of a harbour area and which are occupied wholly or mainly for the purposes of harbour operations, and for the purposes of this definition “harbour area” and “harbour operations” have the same meaning as in Part 3 of the Aviation and Maritime Security Act 1990; “lighthouse” has the same meaning as in Part 8 of the Merchant Shipping Act 1995; “prison” includes a young offender institution; “public service vehicle operating centre”, in relation to public service vehicles used under a PSV operator's licence, means a place which is an operating centre of those vehicles, and for the purposes of this definition “operating centre”, “PSV operator's licence” and “public service vehicle” have the same meaning as in the Public Passenger Vehicles Act 1981; “railway premises” means any premises which fall within the definition of “light maintenance depot”, “network”, “station” or “track” in section 83 of the Railways Act 1993; “relevant separate railway premises” has the meaning given by subsection (7A); “tramway premises” means any premises which, in relation to a tramway, are the equivalent of the premises which, in relation to a railway, fall within the definition of “light maintenance depot”, “network”, “station” or “track” in section 83 of the Railways Act 1993;
After subsection (7) insert—
In subsection (8) (port health authority to have functions of local authority under Part 3 of that Act, except those relating to statutory nuisance within section 79(1)(g) or (ga)) after “paragraph” insert “ (fb), ”.
In subsection (10) (consent of Secretary of State or National Assembly for Wales required before taking proceedings for certain statutory nuisances) after “paragraph (b), (d), (e)” insert “ , (fb) ”.
The Environmental Protection Act 1990 (c. 43) is amended as follows.
In section 80(8) (summary proceedings for statutory nuisances: defence of best practicable means not available in certain cases)—
in paragraph (a) after “paragraph (a), (d), (e), (f)” insert “ , (fa) ”, and
after paragraph (a) insert—.
After section 80(8) insert—
In section 82(10) (summary proceedings by aggrieved person: defence of best practicable means not available in certain cases)—
in paragraph (a) after “paragraph (a), (d), (e), (f)” insert “ , (fa) ”, and
after paragraph (a) insert—.
After section 82(10) insert—
Section 78L of the Environmental Protection Act 1990 (c. 43) (appeals against remediation notices) is amended as follows.
In subsection (1), for paragraphs (a) and (b) substitute—.
In that subsection, for the words from “means” to the end substitute “ the Secretary of State or the National Assembly for Wales, as the case may be ”.
In subsection (4)—
omit paragraph (b);
in paragraph (c), omit the words from “or on” to the end.
In subsection (6), omit the words “so far as relating to appeals to the Secretary of State”.
This section does not have effect in relation to a remediation notice served under Part 2A of the Environmental Protection Act 1990 before the commencement of this section.
The power of the Secretary of State and National Assembly for Wales under section 114 of the Environment Act 1995 (c. 25) in relation to appeals under section 78L of the Environmental Protection Act 1990 extends to appeals under that section as amended by this section.
In paragraph 25 of Schedule 1 to the Pollution Prevention and Control Act 1999 (c. 24) (purposes for which regulations may be made under section 2: offences), in sub-paragraph (2)(a)—
in paragraph (i) for “six months” substitute “ 12 months ”;
in paragraph (ii) for “£20,000” substitute “ £50,000 ”.
Subsection (1)(a) does not have effect in relation to regulations under section 2 of the Pollution Prevention and Control Act 1999 so far as relating to offences committed before 2 May 2022.
Schedule 4 (minor and consequential amendments) has effect.
Schedule 5 (repeals) has effect.
The provisions specified in subsection (2) come into force—
in relation to England, in accordance with provision made by order by the Secretary of State; and
in relation to Wales, in accordance with provision so made by the National Assembly for Wales.
The provisions referred to in subsection (1) are—
section 2;
sections 6 to 13 and 15 to 17 and, in Part 1 of Schedule 5, the repeals to the Refuse Disposal (Amenity) Act 1978 (c. 3) and the Road Traffic Regulation Act 1984 (c. 27);
sections 19 to 25, paragraphs 5 to 9 of Schedule 4 and, in Part 2 of Schedule 5, the repeals to the Environmental Protection Act 1990 (c. 43);
sections 28 to 31, paragraphs 14 to 19 of Schedule 4 and, in Part 3 of Schedule 5, the repeals to the Anti-Social Behaviour Act 2003 (c. 38);
section 34 and, in Part 3 of Schedule 5, the repeal to the Town and Country Planning Act 1990 (c. 8);
sections 37 and 38 and, in Part 4 of Schedule 5, the repeal of section 6 of the Control of Pollution (Amendment) Act 1989 (c. 14);
sections 45 and 46;
section 47, paragraph 4 of Schedule 4 and, in Part 4 of Schedule 5, the repeals to the Environmental Protection Act 1990, other than the repeal to section 33 of that Act;
section 48;
section 50;
section 52;
section 53;
Chapter 1 of Part 6 above and Part 5 of Schedule 5;
Part 7 above except sections 83(2) and 85, and in Part 7 of Schedule 5, the repeals to the Noise and Statutory Nuisance Act 1993 (c. 40) and the Noise Act 1996 (c. 37);
sections 96 to 98 and Part 9 of Schedule 5;
sections 99 and 100;
sections 101 to 103;
section 104 and Part 10 of Schedule 5.
These provisions come into force in accordance with provision made by order by the Secretary of State—
section 1;
section 32;
sections 42 to 44;
section 49 and paragraph 3 of Schedule 4;
section 68 and Part 6 of Schedule 5;
Part 8 above and Part 8 of Schedule 5;
in Part 1 of Schedule 5, the repeal to section 3 of the London Local Authorities Act 2004 (c. i).
in Part 2 of Schedule 5, the repeals to the London Local Authorities Act 1994 (c. xii) and the City of Newcastle upon Tyne Act 2000 (c. viii);
in Part 3 of Schedule 5, the repeal to the London Local Authorities Act 1995 (c. x);
in Part 7 of Schedule 5, the repeal to the London Local Authorities Act 1991 (c. xiii).
These provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—
sections 3 to 5 and, in Part 1 of Schedule 5, the repeals to the Greater London Council (General Powers) Act 1982 (c i) and section 11 of the London Local Authorities Act 2004 (c. i);
section 18;
section 27;
section 33 and, in Part 3 of Schedule 5, the repeal to the London Local Authorities Act 2004 (c. i);
sections 35 and 36, and in Part 4 of Schedule 5, the repeals to sections 1 and 2 of the Control of Pollution (Amendment) Act 1989 (c. 14);
section 40 and, in Part 4 of Schedule 5, the repeal to section 33 of the Environmental Protection Act 1990 (c. 43);
section 41;
section 54;
section 83(2);
section 105.
An order under subsection (1) or (3) may make—
transitional, consequential, incidental and supplemental provision, or savings;
different provision for different purposes.
Where a provision of this Act comes into force otherwise than under subsection (1) or (3), the Secretary of State may by order make any transitional, consequential, incidental or supplemental provision, or savings, that he considers necessary or expedient in relation to the coming into force of that provision.
An order under subsection (6) may make different provision for different purposes.
An order under this section is to be made by statutory instrument.
There shall be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State under this Act;
any increase attributable to this Act in the sums payable out of money so provided under any other Act.
This Act extends to England and Wales only, subject as follows.
An amendment in Schedule 2 has the same extent as the provision amended.
The repeal in Part 8 of Schedule 5 has the same extent as the provision repealed.
This Act may be cited as the Clean Neighbourhoods and Environment Act 2005.
Section 84
The Noise Act 1996 (c. 37) is amended as follows.
In the heading to section 2, omit “from a dwelling”.
Section 2 (investigations of complaints of noise) is amended as follows. In subsection (2), after “emitted from” insert “ (a) ” and at the end insert, or . In subsection (4)(a), after “the offending dwelling” insert “ or the offending premises ”. In subsection (7)— “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).
Section 3 (warning notices) is amended as follows. In subsection (1)— In subsection (3), at the beginning insert “ In a case where the complaint is in respect of a dwelling, ”. After subsection (3) insert— After subsection (5) insert—
In the heading to section 4, after “where noise” insert “ from a dwelling ”.
After section 4 insert—
Section 5 (permitted level of noise) is amended as follows. In subsection (1)— In subsection (4), for “The Secretary of State” substitute “ The appropriate person ”.
Section 6 (approval of measuring devices) is amended as follows. In subsection (1), for “the Secretary of State” substitute “ the appropriate person ”. In subsection (3), after “section 4” insert “ or 4A ”.
Section 7 (evidence) is amended as follows. In subsection (1), after “section 4” insert “ or 4A ”. After subsection (3) insert— In subsection (4), for “or (3)(a)” substitute “ , (3)(a) or (3A)(a) ”.
Section 8 (fixed penalty notices) is amended as follows. In subsection (1), after “section 4” insert “ or 4A ”. In subsection (2)(b), after “the offending dwelling” insert “ or the offending premises (as the case may be) ”.
Section 8A (amount of fixed penalty), as inserted by section 82 of this Act, is amended as follows. In subsection (2), at the beginning insert “ In the case of an offence under section 4 ”. After subsection (2) insert— In subsection (3), after “the fixed penalty” insert “ payable in the case of an offence under section 4 ”. In subsection (6), after “(2)(b)” insert “ or (2A) ”.
Section 9 (section 8: supplementary) is amended as follows. In subsection (1), for “the Secretary of State” substitute “ the appropriate person ”. After subsection (2) insert— In subsections (4A)(b) and (4C), for each occurrence of “the Secretary of State” substitute “ the appropriate person ”. In subsection (4D), for “The Secretary of State” substitute “ The appropriate person ”. In subsections (4E) and (4F), for each occurrence of “the Secretary of State” substitute “ the appropriate person ”. In subsection (5), after “section 4” insert “ or 4A ”.
Section 10 (powers of entry and seizure etc) is amended as follows. In subsection (1)— In subsection (2), after “the dwelling” insert “ or other premises ”. In subsection (4)— In subsection (5)—
In the Schedule (powers in relation to seized equipment) in paragraph 1(a)(i), after “section 4” insert “ or q4A ”.
Section 87
“premises” does not include a vehicle;
In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public records), at the appropriate place in Part 2 of the Table at the end of paragraph 3 insert— “ Commission for Architecture and the Built Environment. ”
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Section 92
“local authority” means—
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the functions conferred on the Commission by this Act are to be treated as transferred to the Commission from the old Commission on the appointed day;
that transfer of functions is to be treated as a transfer of an undertaking;
each person who was, immediately before the appointed day, employed by the old Commission under a contract of employment is to be treated as employed in the undertaking immediately before the appointed day.
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Section 106
Section 107
Short title and chapter Extent of repeal Refuse Disposal (Amenity) Act 1978 (c. 3) In section 3— subsection (5); in subsection (8), the words from “, other than” to “subsection (5) above,”. In section 4— in subsection (1), the words from “but not earlier” to the end; subsection (2). Greater London Council (General Powers) Act 1982 (c.i) Section 5. Road Traffic Regulation Act 1984 (c. 27) Section 99(4). In section 101(3)— in paragraph (a), the words from “and on which” to “at the time of its removal”; the words from “but, in a case” to the end. London Local Authorities Act 2004 (c. i) Section 3. Section 11.
Short title and chapter Extent of repeal Environmental Protection Act 1990 (c. 43) Section 86(12). Section 89(1)(g) and the preceding “and”. Section 90. Section 91(1)(g) and the preceding “or”. In section 92— subsection (1)(d) and the preceding “or”; subsection (3)(d). In section 94(3), the words from “but a specified area” to the end. Section 95(1)(a). London Local Authorities Act 1994 (c. xii) Section 4. City of Newcastle upon Tyne Act 2000 (c. viii) Sections 21 and 22.
Short title and chapter Extent of repeal Town and Country Planning Act 1990 (c. 8) Section 324(3)(a). London Local Authorities Act 1995 (c. x) Section 10. Anti-social Behaviour Act 2003 (c. 38) Section 43(10) and (11). London Local Authorities Act 2004 (c. i) Section 25.
Short title and chapter Extent of repeal Control of Pollution (Amendment) Act 1989 (c. 14) Section 1(4)(c) and the preceding “or”. In section 2— in subsection (2)(c), the words “free of charge”; subsection (2)(d); in subsection (2)(e), the words “free of charge”; subsection (3)(b); subsection (3A)(a). Section 6. Environmental Protection Act 1990 (c. 43) Section 30(5). Section 32. Section 33(7)(b). In section 48— in subsection (4), the words “with a waste disposal contractor” and “for the contractor”; in subsection (6), the words “, subject to subsection (7) below,”; subsection (7). In section 51— in subsection (1), the words from “in either case” to the end; subsection (4)(b) to (d); subsections (5) and (6). In section 55(2)(a) and (b), the words “with waste disposal contractors for them”. In section 60(2)(a) and (b), the word “, contractor”. In section 77— in subsection (1), the definitions of “existing disposal authority”, “existing disposal plan”, “relevant part of its undertaking” and “the vesting date”; subsection (4); subsections (6) to (9). Schedule 2.
Short title and chapter Extent of repeal Dogs (Fouling of Land) Act 1996 (c. 20) The whole Act. Police Reform Act 2002 (c. 30) In Schedule 4, paragraph 1(2)(c). In Schedule 5, paragraph 1(2)(b).
Short title and chapter Extent of repeal Dogs Act 1906 (c. 32) Sections 3 and 4. Dogs (Amendment) Act 1928 (c. 21) Section 2. Local Government Act 1988 (c. 9) Section 39. Environmental Protection Act 1990 (c. 43) In the heading to section 150, the words “police or”. In section 150— in subsection (1), in paragraph (b), sub-paragraph (ii) and the preceding “or”; in that subsection, the words from “or the police officer” to “as the case may be,”. In Schedule 15, paragraph 3.
Short title and chapter Extent of repeal London Local Authorities Act 1991 (c. xiii) Section 23. Noise and Statutory Nuisance Act 1993 (c. 40) Section 9. Schedule 3. Noise Act 1996 (c. 37) In the heading to section 2, the words “from a dwelling”. Section 8(8). Section 9(3). In section 9(4A), the word “and” at the end of paragraph (a).
Short title and chapter Extent of repeal Environmental Protection Act 1990 In section 153(1), the paragraph (rr) inserted by article 2 of the Financial Assistance for Environmental Purposes (England) Order 2003 (S.I. 2003/714).
Short title and chapter Extent of repeal Local Government Act 2003 (c. 26) Section 100(2)(f). Section 119. Anti-social Behaviour Act 2003 (c. 38) Section 45(3) to (9).
Short title and chapter Extent of repeal Environmental Protection Act 1990 (c. 43) In section 78L— in subsection (4), paragraph (b) and, in paragraph (c), the words from “or on” to the end; in subsection (6), the words “, so far as relating to appeals to the Secretary of State,”.