Clean Neighbourhoods and Environment Act (Northern Ireland) 2011

PART 1 — GATING ORDERS

Gating orders

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In the Roads (Northern Ireland) Order 1993 (NI 15), after Article 69 insert—

(69A) (1) A district council may, with the approval of the Department, make an order under this Article in relation to any relevant road which is situated within its district. (2) An order under this Article is to be known as a “gating order”. (3) Before making a gating order in relation to a relevant road the district council must be satisfied that— (a) premises adjoining or adjacent to the road are affected by crime or anti-social behaviour; (b) the existence of the road is facilitating the persistent commission of criminal offences or anti-social behaviour; and (c) it is in all the circumstances expedient to make the order for the purposes of reducing crime or anti-social behaviour. (4) The circumstances referred to in paragraph (3)(c) include— (a) the likely effect of making the order on the occupiers of premises adjoining or adjacent to the road; (b) the likely effect of making the order on other persons in the locality; and (c) in a case where the road constitutes a through route, the availability of a reasonably convenient alternative route. (5) In this Article “relevant road” means a road other than— (a) a special road; (b) a trunk road; (c) a classified road; (d) a road of such other description as the Department may by regulations prescribe. (6) For the purposes of this Part “anti-social behaviour” means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more other persons not of the same household as that person. (69B) (1) A gating order restricts, to the extent specified in the order, the public right of way over the road to which it relates. (2) A gating order may in particular— (a) restrict the public right of way at all times, or in respect of such times, days or periods as may be specified in the order; (b) exclude persons of a description specified in the order from the effect of the restriction. (3) A gating order may not be made so as to restrict the public right of way over a road for the occupiers of premises adjoining or adjacent to the road. (4) A gating order may not be made so as to restrict the public right of way over a road which is the only or principal means of access to any dwelling. (5) In relation to a road which is the only or principal means of access to any premises used for business or recreational purposes, a gating order may not be made so as to restrict the public right of way over the road during periods when those premises are normally used for those purposes. (6) A gating order may authorise the installation, operation and maintenance of a barrier or barriers for the purpose of enforcing the restriction provided for in the order. (7) A district council may install, operate and maintain any barrier authorised under paragraph (6). (8) A road in relation to which a gating order is made shall not cease to be regarded as a road by reason of the restriction of the public right of way under the order (or by reason of any barrier authorised under this Article). (9) In paragraph (4) “dwelling” means any building or part of a building occupied, or intended to be occupied, as a separate dwelling. (69C) (1) A district council may, with the approval of the Department, by order vary a gating order made by the council so as further to restrict any public right of way over the road to which the order relates, if the council is satisfied that in all the circumstances it is expedient to do so for the purpose of reducing crime or anti-social behaviour. (2) A district council may by order vary a gating order made by it so as to reduce the restriction imposed by the order, if and to the extent that it is satisfied that the restriction is no longer expedient in all the circumstances for the purpose of reducing crime or anti-social behaviour. (3) A district council may by order revoke a gating order made by it, if it is satisfied that the restriction imposed by the order is no longer expedient in all the circumstances for the purpose of reducing crime or anti-social behaviour. (69D) (1) Before making, varying or revoking a gating order a district council shall publish in the Belfast Gazette and once at least in each of two successive weeks in one or more newspapers circulating in the area in which the road to which the order relates is situated a notice— (a) stating the general effect of the proposed order; (b) specifying a place in that area where a copy of a draft of the order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of not less than 30 days from the date of the last publication of the notice; and (c) stating that, within that period, any person may, by notice to the council, inform it of the grounds upon which he objects to the making of the order. (2) The district council shall, not later than the date on which the notice referred to in paragraph (1) is last published, serve a copy of the notice together with a copy of a draft of the order and of any relevant map or plan on— (a) the occupiers of premises adjacent to or adjoining the road, and (b) the owner of any cables, wires, mains, pipes or other apparatus placed along, across, over or under any road to which the order applies. (3) In the case of an order under Article 69A(1) or 69C(1), the district council shall, not later than the date on which the notice referred to in paragraph (1) is last published, cause a copy of that notice to be displayed in a prominent position on the road to which the order relates. (4) Where, before the expiration of the period referred to in paragraph (1)(b), the district council proposes to modify the terms of the draft of an order, the council shall give and publish, in such manner as appears to it to be appropriate, such additional notices as the council considers appropriate for informing all persons likely to be adversely affected by the modification. (5) If, before the expiration of the period referred to in paragraph (1)(b), the district council receives an objection from any person on whom a copy of the notice is required to be served under paragraph (2) or from any other person appearing to it to be affected, it shall, subject to paragraph (6), cause a local inquiry to be held unless the objection is withdrawn. (6) Unless the objection is made by a person on whom a notice was served under paragraph (2)(b), the district council may dispense with an inquiry if it is satisfied that it is unnecessary to hold one. (7) The provisions of Schedule A1 to the Interpretation Act (Northern Ireland) 1954 (c. 33) shall apply in relation to any local inquiry which a district council causes to be held under paragraph (5) as they apply to an inquiry held as mentioned in section 23 of that Act, but with the following modifications— (a) in paragraph 1 for the reference to section 23 of that Act substitute a reference to paragraph (5) of this Article and omit the definition of “the Department”; (b) in paragraphs 2 to 7 for any reference to the Department substitute a reference to the district council causing the inquiry to be held; and (c) in paragraph 7(1) omit the words “, with the approval of the Department of Finance and Personnel,”. (8) After considering— (a) any objections to the proposed order which are not withdrawn; and (b) where a local inquiry is held, the report of the person who held it, the district council may make the order either without modifications or subject to such modifications as it thinks fit. (9) If it appears to the district council that in any order under this Part the description of any road is in any respect incorrect or insufficiently clear, the council may by order make such modifications in the provisions of that order as may be necessary for correcting or clarifying that description. (10) Paragraphs (1) to (8) do not apply to an order under paragraph (9), but the council shall publish notice of the making of that order in one or more than one newspaper circulating in the area to which the order relates. (69E) (1) A district council must arrange for— (a) the publication of orders made by it under this Part; and (b) copies of orders made by it under this Part to be made available to the public. (2) Arrangements under paragraph (1)(b) may require the payment of a reasonable charge.

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PART 2 — VEHICLES

Nuisance parking offences

Exposing vehicles for sale on a road

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• (1) A person is guilty of an offence if at any time—

• (a) that person leaves 2 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

• (b) that person causes 2 or more motor vehicles to be so left.

• (2) A person who proves to the satisfaction of the court that that person was not acting for the purposes of a business of selling motor vehicles shall not be convicted of an offence under subsection (1).

• (3) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (4) In this section—

• “motor vehicle” has the same meaning as in Part 2 of the Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19);

• “road” has the same meaning as in the Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2).

Repairing vehicles on a road

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• (1) A person who carries out restricted works on a motor vehicle on a road is guilty of an offence.

• (2) For the purposes of this section “restricted works” means—

• (a) works for the repair, maintenance, servicing, improvement or dismantling of a motor vehicle or of any part of or accessory to a motor vehicle;

• (b) works for the installation, replacement or renewal of any such part or accessory.

• (3) A person is not to be convicted of an offence under this section in relation to any works if that person proves to the satisfaction of the court that the works were not carried out—

• (a) in the course of, or for the purposes of, a business of carrying out restricted works; or

• (b) for gain or reward.

• (4) Subsection (3) does not apply where the carrying out of the works gave reasonable cause for annoyance to persons in the vicinity.

• (5) A person shall also not be convicted of an offence under this section in relation to any works if that person proves to the satisfaction of the court that the works carried out were works of repair which—

• (a) arose from an accident or breakdown in circumstances where repairs on the spot or elsewhere on the road were necessary; and

• (b) 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 district council for the district.

• (6) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (7) In this section—

• “motor vehicle” has the same meaning as in Part 2 of the Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19);

• “road” has the same meaning as in the Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2).

Nuisance parking offences: fixed penalty notices

Power to give fixed penalty notices

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• (1) Where on any occasion an authorised officer of a district council has reason to believe that a person has committed an offence under section 2 or 3 in the district of that council, the officer may give that person a notice offering the person the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty to the district council.

• (2) Where a person is given a notice under this section in respect of an offence—

• (a) no proceedings may be instituted for that offence before the expiration of the period of 14 days following the date of the notice; and

• (b) the person shall not be convicted of that offence if the person pays the fixed penalty before the expiration of that period.

• (3) 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.

• (4) A notice under this section must also state—

• (a) the period during which, by virtue of subsection (2), proceedings will not be taken for the offence;

• (b) the amount of the fixed penalty; and

• (c) the person to whom and the address at which the fixed penalty may be paid.

• (5) 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.

• (6) 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.

• (7) The form of a notice under this section shall be such as the Department may by order prescribe.

• (8) The fixed penalty payable to the district council under this section is, subject to subsection (9), £100.

• (9) The Department may by order substitute a different amount for the amount for the time being specified in subsection (8).

• (10) The district council 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 district council.

• (11) The Department may by regulations restrict the extent to which, and the circumstances in which, a district council may make provision under subsection (10).

• (12) In any proceedings a certificate which—

• (a) purports to be signed on behalf of the clerk of the council, and

• (b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

• (13) In this section “authorised officer”, in relation to a district council, means an employee of a district council who is authorised in writing by the council for the purpose of giving notices under this section.

Power to require name and address

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• (1) If an authorised officer of a district council proposes to give a person a notice under section 4, the officer may require that person to provide the officer with the person's name and address.

• (2) A person who—

• (a) fails to give the person's name and address when required to do so under subsection (1), or

• (b) gives a false or inaccurate name or address in response to a requirement under that subsection,

commits an offence.

• (3) A person guilty of an offence under subsection (2) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (4) In this section “authorised officer” has the same meaning as in section 4.

Use of fixed penalty receipts

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• (1) This section applies in relation to amounts paid to a district council in pursuance of notices under section 4 (its “fixed penalty receipts”).

• (2) A district council may use its fixed penalty receipts only for the purposes of—

• (a) its functions under Part 2 of the Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19);

• (b) its functions relating to the enforcement of sections 2 and 3;

• (c) its functions under Part 8 of the Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2);

• (d) such other of its functions as may be specified in regulations made by the Department.

• (3) Regulations under subsection (2)(d) may (in particular) have the effect that a council may use its fixed penalty receipts for the purposes of any of its functions.

• (4) A district council shall supply the Department with such information relating to its use of its fixed penalty receipts as the Department may require.

• (5) The Department may by regulations—

• (a) make provision for what a district council is to do with its fixed penalty receipts—

• (i) pending their being used for the purposes of functions of the council referred to in subsection (2);

• (ii) if they are not so used before such time after their receipt as may be specified by the regulations;

• (b) make provision for accounting arrangements in respect of a district council's fixed penalty receipts.

• (6) 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 Department) other than the district council.

• (7) Before making regulations under this section, the Department shall consult—

• (a) district councils;

• (b) such other persons as the Department thinks fit.

Abandoned vehicles

Offence of abandoning a vehicle: fixed penalty notices

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In the Pollution Control and Local Government (Northern Ireland) Order 1978, after Article 29 (offence of unauthorised abandonment of motor vehicles etc.) insert—