Legalize / United Kingdom / Northern Ireland / Act of the Northern Ireland Assembly

Clean Neighbourhoods and Environment Act (Northern Ireland) 2011

Type Act of the Northern Ireland Assembly

Publication 2011-05-04

Last updated 2015-04-01

State In force

Jurisdiction Northern Ireland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(4) 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.

Power of district councils to obtain information

47

(1) —(1) Subject to subsection (2), a district council may serve on any person a notice requiring that person to supply to the council, within a period or at times specified in the notice and in a form so specified, any information so specified which the council reasonably considers that it needs for the purposes of any function conferred on the council by this Part.

(2) Regulations may restrict the information which may be required under subsection (1) and determine the form in which the information is to be so required.

(3) A person who—

(a) fails without reasonable excuse to comply with the requirements of a notice served under this section, or

(b) in supplying any information in compliance with such a notice, makes any statement which that person knows to be false in a material particular or recklessly makes any statement which is false in a material particular,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

PART 6 — NOISE

CHAPTER 1 — AUDIBLE INTRUDER ALARMS

Alarm notification areas

Designation of alarm notification areas

48

(1) A district council may designate all or any part of its district as an alarm notification area.

(2) If a district council 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.

(3) The notice must state—

(a) that representations may be made to the council about the proposal;

(b) that any such representations must be made before a specified date.

(4) The specified date must be at least 28 days after the date on which the notice is published in accordance with subsection (2).

(5) The district council must consider any representations about the proposal which it receives before the specified date.

(6) If a district council decides to designate an area as an alarm notification area it must—

(a) arrange for notice of the decision to be published in a newspaper circulating in the area, and

(b) send a copy of the notice to the address of all premises in the area.

(7) The notice must specify the date on which the designation is to have effect.

(8) The date specified must be at least 28 days after the date on which the notice is published in accordance with subsection (6)(a).

(9) If a district council 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.

Withdrawal of designation

49

(1) A district council which has designated an area as an alarm notification area may withdraw the designation.

(2) If a district council decides to withdraw a designation of an area as an alarm notification area, it must—

(a) arrange for notice of the decision to be published in a newspaper circulating in the area, and

(b) send a copy of the notice to the addresses of all premises in the area.

(3) The notice must specify the date on which the withdrawal of the designation is to have effect.

Notification of nominated key-holders

50

(1) This section and section 51 apply in relation to premises if—

(a) the premises are in an area designated by a district council as an alarm notification area, and

(b) an audible intruder alarm has been installed in or on the premises.

(2) The responsible person must—

(a) nominate a key-holder in respect of the premises in accordance with section 51;

(b) notify the council 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.

(3) 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 51.

(4) A person who fails to comply with a requirement of subsection (2) commits an offence.

(5) 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.

Nomination of key-holders

51

(1) The responsible person must before the end of the required period nominate a person as a key-holder in respect of the premises.

(2) The required period for the purposes of subsection (1) is—

(a) 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;

(b) 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.

(3) A person may be nominated as a key-holder in respect of premises under this section only if—

(a) that person holds keys sufficient to enable access to be gained to the part of the premises in which the controls for the alarm are situated;

(b) that person normally resides or is situated in the vicinity of the premises;

(d) that person agrees to be a nominated key-holder in respect of the premises;

(e) where the premises are residential premises, that person falls within subsection (4);

(f) where the premises are non-residential premises, that person falls within subsection (5).

(4) A person falls within this subsection if that person is—

(a) an individual who is not the occupier of the premises, or

(b) a key-holding company.

(5) A person falls within this subsection if that person is—

(a) an individual who—

(i) is the responsible person, or

(ii) is acting on behalf of the responsible person, if the responsible person is not an individual, or

(b) a key-holding company.

(6) 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.

(7) 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.

(8) In this section—

“key-holding company” means a body corporate or an unincorporated association—the business of which consists of or includes holding keys, andwhich is capable of being contacted at any hour of the day;

“non-residential premises” means premises which are not residential premises;

“residential premises” means premises all or part of which comprise a dwelling.

Offences under section 50: fixed penalty notices

52

(1) This section applies if it appears to an authorised officer of a district council that a person has committed an offence under section 50(4) in the district of the district council.

(2) The officer may give the person a notice offering the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty.

(3) If a person is given a notice under this section in respect of an offence—

(a) 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

(b) that person may not be convicted of the offence if that person pays the fixed penalty before the end of that period.

(4) 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.

(5) A notice under this section must also state—

(a) the period during which, by virtue of subsection (3), proceedings will not be taken for the offence,

(b) the amount of the fixed penalty, and

(6) 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 (5)(c) at the address so mentioned.

(7) 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.

(8) In any proceedings a certificate which—

(a) purports to be signed by or 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.

(9) The form of a notice under this section is to be such as the Department may by order prescribe.

(10) In this section “authorised officer”, in relation to a district council, means—

(a) an employee of the council who is authorised in writing by the council for the purpose of giving notices under this section;

(b) any person who, in pursuance of arrangements made with the council, has the function of giving such notices and is authorised in writing by the council to perform that function;

Amount of fixed penalty

53

(1) This section applies in relation to a penalty payable to a district council in pursuance of a notice under section 52.

(2) The amount of the penalty is—

(a) the amount specified by the district council in relation to its district, or

(b) if no amount is so specified, £75.

(3) The district council 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 council.

(4) The Department may by regulations make provision in connection with the powers conferred on district councils under subsections (2)(a) and (3).

(5) Regulations under subsection (4) may (in particular)—

(a) require an amount specified under subsection (2)(a) to fall within a range prescribed in the regulations;

(b) restrict the extent to which, and the circumstances in which, a council can make provision under subsection (3).

(6) The Department may by order substitute a different amount for the amount for the time being specified in subsection (2)(b).

Use of fixed penalty receipts

54

(1) A district council may use any sums it receives in respect of fixed penalties payable in pursuance of notices given under section 52 (its “penalty receipts”) only for the purposes of functions of the council that are qualifying functions.

(2) The following are qualifying functions for the purposes of this section—

(a) functions under this Chapter;

(b) functions under the Noise Act 1996 (c. 37);

(c) functions under section 63 to 70 (statutory nuisances), in connection with statutory nuisances falling with section 63(1)(i) or (j) (noise);

(d) functions of a description specified in regulations made by the Department.

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

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

(5) The Department may by regulations—

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

(i) pending their being used for the purposes of qualifying functions of the council;

(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 council's 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 must consult—

(a) district councils, and

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

Fixed penalty notices: power to require name and address

55

(1) If an authorised officer of a district council proposes to give a person a notice under section 52, the officer may require the person to give the officer the person's name and address.

(2) A person commits an offence if—

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

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

(3) 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.

(4) “Authorised officer” has the meaning given in section 52.

Powers in relation to alarms

Power of entry

56

(1) This section applies if an authorised officer of a district council is satisfied that the conditions in subsection (2) are met in relation to an audible intruder alarm installed in or on premises in the district of the district council.

(2) The conditions are—

(a) that the alarm has been sounding continuously for more than 20 minutes or intermittently for more than one hour;

(b) that the sounding of the alarm is likely to give persons living or working in the vicinity of the premises reasonable cause for annoyance;

(c) 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.

(3) The officer may enter the premises for the purpose of silencing the alarm.

(4) The officer may not enter premises by force under this section.

(5) The officer must, if required, show evidence of the officer's authority to act under this section.

(6) In this section—

“authorised officer” means an officer of a district council who is authorised by the council (generally or specifically) for the purposes of this section;

“nominated key-holder”, in respect of premises in the district of a district council, means a person in respect of whom the council has received notification in accordance with section 50(2)(b).

Warrant to enter premises by force

57

(1) This section applies if, on an application made by an authorised officer of a district council, a lay magistrate is satisfied—

(a) that the conditions in section 56(2)(a) and (b) are met in relation to an audible intruder alarm installed in or on premises in the district of the district council,

(b) if the premises are in an alarm notification area, that the condition in section 56(2)(c) is met, and

(2) The lay magistrate may issue a warrant authorising the officer to enter the premises, using reasonable force if necessary, for the purpose of silencing the alarm.

(3) Before applying for a warrant under this section, the officer must leave a notice at the premises stating—

(a) 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

(b) 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.

(4) The officer must, if required, show evidence of a warrant issued under this section.

(5) “Authorised officer” has the meaning given in section 56.

Powers of entry: supplementary

58

(1) This section applies where an officer of a district council enters any premises under section 56 or under a warrant issued under section 57.

(2) The officer may take any steps the officer thinks necessary for the purpose of silencing the alarm.

(3) The officer may take to the premises—

(a) such other persons, and

(b) such equipment,

as the officer thinks necessary for the purpose of silencing the alarm.

(4) The officer and any person who enters the premises 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.

(5) If the premises are unoccupied or (where the premises are occupied) the occupier of the premises is temporarily absent the officer must—

(a) leave a notice at the premises stating what action has been taken on the premises under this section and section 56 or 57;

(b) leave the premises (so far as is reasonably practicable) as effectively secured against entry as the officer found them.

(6) But the officer is not required by virtue of subsection (5)(b) to re-set the alarm.

(7) Any expenses reasonably incurred by the district council in connection with entering the premises, silencing the alarm and complying with subsection (5) may be recovered by the council from the responsible person.

(8) A warrant under section 57 continues in force until—

(a) the alarm has been silenced, and

(b) the officer has complied with subsection (5) (if that subsection applies).

(9) Nothing done by, or by a member of, a district council or by an officer of or another person authorised by a district council, if done in good faith for the purposes of section 56 or 57 or this section, is to subject the council or any of those persons personally to any action, liability, claim or demand.

(10) Subsection (9) does not apply so as to prevent an award of damages in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998 (c. 42).

Interpretation of Chapter

Interpretation of this Chapter

59

(1) In this Chapter—

“alarm notification area” means an area in respect of which a designation under section 48 has effect;

“the occupier” in respect of premises means (subject to subsection (2))—a person occupying the premises, orif the premises are unoccupied, a person entitled to occupy the premises (other than the owner);

“premises” does not include a vehicle;

“the responsible person” in respect of premises means—the occupier, orif there is no occupier, the owner.

(2) The fact that a person is occupying premises is to be disregarded for the purposes of this Chapter if—

(a) the premises comprise a building that is being erected, constructed, altered, improved, maintained, cleaned or repaired,

(b) the person is occupying the premises in connection with the erection, construction, alteration, improvement, maintenance, cleaning or repair, and

CHAPTER 2 — AMENDMENTS TO THE NOISE ACT 1996

Dealing with noise at night

60

(1) The Noise Act 1996 (c. 37) is amended as follows.

(2) For section 1 (adoption of provisions by district councils or by order of the Department) substitute—

(1) Sections 2 to 9 apply to the district of every district council.

(3) For section 2(1) (district council under duty to investigate complaint of noise from dwelling at night) substitute—

(1) A district council may, if it receives a complaint of the kind mentioned in subsection (2), arrange for an officer of the council to take reasonable steps to investigate the complaint.

(4) In section 2(7) (power of district council to act in relation to dwelling within district of another council), omit the words from “and accordingly” to the end.

Noise offences: fixed penalty notices

61

(1) In section 8 of the Noise Act 1996, omit subsection (8) (amount of fixed penalty).

(2) After that section insert—

(8A) (1) This section applies in relation to a fixed penalty payable to a district council in pursuance of a notice under section 8. (2) In the case of an offence under section 4 the amount of the fixed penalty— (a) is the amount specified by the district council in relation to the council's district, or (b) if no amount is so specified, is £100. (3) In the case of an offence under section 4A the amount of the fixed penalty is £500. (4) A district council may make provision for treating the fixed penalty payable in the case of an offence under section 4 as having been paid if a lesser amount is paid before the end of a period specified by the council. (5) The Department may by regulations make provision in connection with the powers conferred on district councils under subsections (2)(a) and (4). (6) Regulations under subsection (5) may (in particular)— (a) require an amount specified under subsection (2)(a) to fall within a range prescribed in the regulations; (b) restrict the extent to which, and the circumstances in which, a district council can make provision under subsection (4). (7) The Department may by order substitute a different amount for the amount for the time being specified in subsection (2)(b) or (3). (8B) (1) If an officer of a district council who is authorised for the purposes of section 8 proposes to give a person a fixed penalty notice, the officer may require the person to give him his name and address. (2) A person commits an offence if— (a) he fails to give his name and address when required to do so under subsection (1), or (b) he gives a false or inaccurate name or address in response to a requirement under that subsection. (3) 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.

(3) In section 9 of the Noise Act 1996 (c. 37) (section 8: supplementary), for subsection (4) substitute—

(4) A district council may use any sums it receives under section 8 (its “penalty receipts”) only for the purposes of functions of the council that are qualifying functions. (4A) The following are qualifying functions for the purposes of this section— (a) functions under this Act; (b) functions under Chapter 1 of Part 6 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011; (c) functions under section 63 to 70 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (statutory nuisances), in connection with statutory nuisances falling with section 63(1)(i) or (j) (noise) of that Act; (d) functions of a description specified in regulations made by the Department. (4B) Regulations under subsection (4A)(d) may (in particular) have the effect that a district council may use its penalty receipts for the purposes of any of its functions. (4C) A district council must supply the Department with such information relating to the use of its penalty receipts as the Department may require. (4D) The Department may by regulations— (a) make provision for what a district council is to do with its penalty receipts— (i) pending their being used for the purposes of qualifying functions of the council; (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 penalty receipts. (4E) The provision that may be made under subsection (4D)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the Department) other than the district council. (4F) Before making regulations under this section, the Department must consult— (a) district councils, and (b) such other persons as the Department considers appropriate.

(4) In section 11 of the Noise Act 1996 (c. 37) (interpretation and subordinate legislation)—

(a) in subsection (3) after the word “orders”, in both places where it occurs, insert “ or regulations ” and after “section” insert “ 8A(7) or ”;

(b) after subsection (3) insert—

(4) An order under section 8A(7) shall not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.

Extension of Noise Act 1996 to licensed premises etc.

62

Schedule 1 (which makes provision amending the Noise Act 1996 so that it applies to licensed premises etc.) has effect.

PART 7 — STATUTORY NUISANCES

Statutory nuisances

63

(1) Subject to subsections (2) to (9), the following matters constitute “statutory nuisances” for the purposes of this Part, that is to say—

(a) any premises in such a state as to be prejudicial to health or a nuisance;

(b) smoke emitted from premises so as to be prejudicial to health or a nuisance;

(d) any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance;

(e) any accumulation or deposit which is prejudicial to health or a nuisance;

(f) any animal kept in such a place or manner as to be prejudicial to health or a nuisance;

(g) any insects emanating from relevant industrial, trade or business premises and being prejudicial to health or a nuisance;

(h) artificial light emitted from premises so as to be prejudicial to health or a nuisance;

(i) noise emitted from premises so as to be prejudicial to health or a nuisance;

(j) noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street;

(k) any lake, watercourse, privy, urinal, cesspool, drain or ashpit which is so foul or in such a state as to be prejudicial to health or a nuisance;

(l) any part of a watercourse, not being a part ordinarily navigated by vessels employed in the carriage of goods by water, which is so choked or silted up as to obstruct or impede the proper flow of water and thereby to cause a nuisance, or give rise to conditions prejudicial to health;

(m) any private dwelling so overcrowded as to be prejudicial to the health of those living there or a nuisance;

(n) any other matter declared by any statutory provision to be a statutory nuisance.

(2) Subsections (1)(b), (h) and (i) do not apply in relation to premises—

(a) occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or

(b) occupied by or for the purposes of a visiting force.

(3) Subsection (1)(b) does not apply to—

(a) smoke emitted from a chimney of a private dwelling within a smoke control area,

(b) dark smoke emitted from a chimney of a building or a chimney serving the furnace of a boiler or industrial plant attached to a building or for the time being fixed to or installed on any land,

(d) dark smoke emitted otherwise than as mentioned above from industrial or trade premises.

(4) Subsection (1)(c) does not apply in relation to premises other than private dwellings.

(5) Subsection (1)(d) does not apply to steam emitted from a railway locomotive engine.

(6) Subsection (1)(g) does not apply to insects that are wild animals included in Schedule 5 to the Wildlife (Northern Ireland) Order 1985 (NI 2) (animals which are protected at all times).

(7) Subsection (1)(h) does not apply to artificial light emitted from—

(a) an airport;

(b) harbour premises;

(d) a bus station;

(e) a public service vehicle operating centre;

(f) a goods vehicle operating centre;

(g) a lighthouse;

(h) a prison.

(8) Subsection (1)(i) does not apply to noise caused by aircraft other than model aircraft.

(9) Subsection (1)(j) does not apply to noise made—

(a) by traffic,

(b) by any naval, military or air force of the Crown or by a visiting force, or

(10) In this Part—

“airport” has the meaning given by Article 2 of the Airports (Northern Ireland) Order 1994 (NI 1);

“bus station” has the same meaning as in Article 2(2) of the Licensing (Northern Ireland) Order 1996 (NI 22);

“chimney” includes structures and openings of any kind from or through which smoke may be emitted;

“dust” does not include dust emitted from a chimney as an ingredient of smoke;

“equipment” includes a musical instrument;

“fumes” means any airborne solid matter smaller than dust;

“gas” includes vapour and moisture precipitated from vapour;

“goods vehicle operating centre” means an operating centre within the meaning given by section 6(3) of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2);

“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 (c. 31);

“industrial, trade or business premises” means premises used for any industrial, trade or business purposes or premises not so used on which matter is burnt in connection with any industrial, trade or business process, and premises are used for industrial purposes where they are used for the purposes of any treatment or process as well as where they are used for the purposes of manufacturing;

“lake” includes any pool, pond, or reservoir of any description;

“lighthouse” has the same meaning as in Part 8 of the Merchant Shipping Act 1995 (c. 21);

“noise” includes vibration;

“owner”, in relation to any premises consisting of land, means a person (other than a mortgagee not in possession) who, whether in that person's own right or as agent or trustee for any other person, is entitled to receive the rack rent of the premises or, where the premises are not let at a rack rent, would be so entitled if they were so let;

“person responsible”—in relation to a statutory nuisance, means the person to whose act, default or sufferance the nuisance is attributable;in relation to a vehicle, includes the person in whose name the vehicle is for the time being registered under the Vehicle Excise and Registration Act 1994 (c. 22) and any other person who is for the time being the driver of the vehicle;in relation to machinery or equipment, includes any person who is for the time being the operator of the machinery or equipment;

“prejudicial to health” means injurious, or likely to cause injury, to health;

“premises” includes land and, subject to subsection (16) and section 68(9), any vessel;

“prison” includes—a young offenders centre within the meaning of section 33 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29);a juvenile justice centre within the meaning of Article 51(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9);

“private dwelling” means any building, or part of a building, used or intended to be used as a dwelling;

“public service vehicle operating centre” means a place at which public service vehicles are normally kept for the purposes of a business and for the purposes of this definition “public service vehicle” has the same meaning as in Article 2(2) of the Road Traffic (Northern Ireland) Order 1981 (NI 1);

“railway premises” means any land occupied by the railway undertaking within the meaning of section 55 of the Transport Act (Northern Ireland) 1967 (c. 37);

“smoke” includes soot, ash, grit and gritty particles emitted in smoke;

“street” means a street within the meaning of Article 3 of the Street Works (Northern Ireland) Order 1995 (NI 19);

“visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952 (c. 67);

“watercourse” has the same meaning as in the Drainage (Northern Ireland) Order 1973 (NI 1);

and any expressions used in this section and in the Clean Air (Northern Ireland) Order 1981 (NI 4) (except for “owner”) have the same meaning in this section as in that Order and Article 2(3) of that Order shall apply for the interpretation of the expression “dark smoke” and the operation of this Part in relation to it.

(11) In this Part “relevant industrial, trade or business premises” means premises that are industrial, trade or business premises as defined in subsection (10), but excluding—

(a) land used as arable, grazing, meadow or pasture land,

(b) land used as osier land, reed beds or woodland,

(d) land forming part of an agricultural unit, not being land falling within any of paragraphs (a) to (c), where the land is of a description prescribed by regulations made by the Department,

(e) land included in an area of special scientific interest in relation to which a declaration under Article 28(1) of the Environment (Northern Ireland) Order 2002 (NI 7) has effect, and

(f) any land covered by, and the waters of, any watercourse or lake.

(12) For the purposes of subsection (11)—

“agricultural” has the same meaning as in section 43(1) of the Agriculture Act (Northern Ireland) 1949 (c. 2);

“agricultural unit” means land which is occupied as a unit for agricultural purposes.

(13) In this Part “best practicable means” is to be interpreted by reference to the following provisions—

(a) “practicable” means reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications;

(b) the means to be employed include the design, installation, maintenance and manner and periods of operation of plant and machinery, and the design, construction and maintenance of buildings and structures;

(d) the test is to apply only so far as compatible with safety and safe working conditions, and with the exigencies of any emergency or unforeseeable circumstances;

and, in circumstances where a code of practice under Article 51 of the Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19) (codes of practice for minimising noise) is applicable, regard shall also be had to guidance given in it.

(14) A district council shall not without the consent of the Department institute summary proceedings under this Part in respect of a nuisance falling within paragraphs (b), (d), (e), (h) or (i) of subsection (1) if proceedings in respect thereof might be instituted under—

(a) regulations under Article 4 of the Environment (Northern Ireland) Order 2002 (NI 7); or

(b) the Industrial Pollution Control (Northern Ireland) Order 1997 (NI 18).

(15) The district of a district council which includes part of the seashore shall also include for the purposes of this Part the territorial sea lying seawards from that part of the shore; and subject to subsection (16) and section 68(9), this Part shall have effect, in relation to any area included in the district of a district council by virtue of this subsection—

(a) as if references to premises and the occupier of premises included respectively a vessel and the master of a vessel; and

(b) with such other modifications, if any, as are prescribed in regulations made by the Department.

(16) A vessel powered by steam reciprocating machinery is not a vessel to which this Part applies.

Duty of district council to inspect for statutory nuisance

64

It shall be the duty of every district council—

(a) to cause its district to be inspected from time to time to detect any statutory nuisances which ought to be dealt with under section 65 or 66, and

(b) where a complaint of a statutory nuisance is made to it by a person living within its district, to take such steps as are reasonably practicable to investigate the complaint.

Summary proceedings for statutory nuisances

65

(1) Subject to subsection (3) where a district council is satisfied that a statutory nuisance exists, or is likely to occur or recur, in the district of the council, the district council shall serve a notice (“an abatement notice”) imposing all or any of the following requirements—

(a) requiring the abatement of the nuisance or prohibiting or restricting its occurrence or recurrence,

(b) requiring the execution of such works, and the taking of such other steps, as may be necessary for any of those purposes,

and the notice shall specify the time or times within which the requirements of the notice are to be complied with.

(2) Subject to section 66(1), the abatement notice shall be served—

(a) except in a case falling within paragraph (b) or (c), on the person responsible for the nuisance;

(b) where the nuisance arises from any defect of a structural character, on the owner of the premises;

(c) where the person responsible for the nuisance cannot be found or the nuisance has not yet occurred, on the owner or occupier of the premises.

(3) Where a district council is satisfied that a statutory nuisance falling within paragraph (i) of section 63(1) exists, or is likely to occur or recur, in the district of the council, the council shall—

(a) serve an abatement notice in respect of the nuisance in accordance with subsections (1) and (2); or

(b) take such other steps as it thinks appropriate for the purpose of persuading the appropriate person to abate the nuisance or prohibit or restrict its occurrence or recurrence.

(4) If a district council has taken steps under subsection (3)(b) and either of the conditions in subsection (5) is satisfied, the council shall serve an abatement notice in respect of the nuisance.

(5) The conditions are—

(a) that the district council is satisfied at any time before the end of the relevant period that the steps taken will not be successful in persuading the appropriate person to abate the nuisance or prohibit or restrict its occurrence or recurrence;

(b) that the council is satisfied at the end of the relevant period that the nuisance continues to exist, or continues to be likely to occur or recur, in the district of the council.

(6) The relevant period is the period of 7 days starting with the day on which the council was first satisfied that the nuisance existed, or was likely to occur or recur.

(7) The appropriate person is the person on whom the council would otherwise be required under subsection (3)(a) to serve an abatement notice in respect of the nuisance.

(8) A person served with an abatement notice may appeal against the notice to a court of summary jurisdiction within the period of 21 days beginning with the date on which the notice was served.

(9) A person on whom an abatement notice is served who without reasonable excuse contravenes or fails to comply with any requirement or prohibition imposed by the notice shall be guilty of an offence.

(10) Except in a case falling within subsection (11), a person who commits an offence under subsection (9) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale together with a further fine of an amount equal to one-tenth of that level for each day on which the offence continues after the conviction.

(11) A person who commits an offence under subsection (9) on industrial, trade or business premises shall be liable on summary conviction to a fine not exceeding £20,000.

(12) Subject to subsection (13), in any proceedings for an offence under paragraph (9) in respect of a statutory nuisance it shall be a defence to prove that the best practicable means were used to prevent, or to counteract the effects of, the nuisance.

(13) The defence under subsection (12) is not available—

(a) in the case of a nuisance falling within paragraph (a), (d), (e), (f), (g) or (i) of section 63(1) except where the nuisance arises on industrial, trade or business premises;

(b) in the case of a nuisance falling within paragraph (h) of section 63(1) except where—

(i) the artificial light is emitted from industrial, trade or business premises; or

(ii) the artificial light (not being light to which sub-paragraph (i) applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility;

(c) in the case of a nuisance falling within paragraph (j) of section 63(1) except where the noise is emitted from or caused by a vehicle, machinery or equipment being used for industrial, trade or business purposes;

(d) in the case of a nuisance falling within paragraph (b) of section 63(1) except where the smoke is emitted from a chimney; and

(e) in the case of a nuisance falling within paragraph (c) or (n) of section 63(1).

(14) For the purposes of subsection (13)(b) a relevant sports facility is an area, with or without structures, that is used when participating in a relevant sport, but does not include such an area comprised in domestic premises.

(15) For the purposes of subsection (14) “relevant sport” means a sport that is designated for those purposes by order made by the Department, and a sport may be so designated by reference to its appearing in a list maintained by a body specified in the order.

(16) In subsection (14) “domestic premises” means—

(a) premises used wholly or mainly as a private dwelling, or

(b) land or other premises belonging to, or enjoyed with, premises so used.

(17) In proceedings for an offence under subsection (9) in respect of a statutory nuisance falling within paragraph (i) or (j) of section 63(1) where the offence consists in contravening requirements imposed by virtue of subsection (1)(a) it shall be a defence to prove—

(a) that the alleged offence was covered by a notice served under Article 40 or a consent given under Article 41 or 45 of the Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19) (construction sites, etc.); or

(b) where the alleged offence was committed at a time when the premises were subject to a notice under Article 46 of that Order (reduction of noise levels), that the level of noise emitted from the premises at that time was not such as to a constitute a contravention of the notice under that Article; or

(c) where the alleged offence was committed at a time when the premises were not subject to a notice under Article 46 of that Order, and when a level fixed under Article 47 of that Order (new buildings liable to abatement order), applied to the premises, that the level of noise emitted from the premises at that time did not exceed that level.

(18) Paragraphs (b) and (c) of subsection (17) apply whether or not the relevant notice was subject to appeal at the time when the offence was alleged to have been committed.

Abatement notice in respect of noise in the street

66

(1) In the case of a statutory nuisance within section 63(1)(j) that—

(a) has not yet occurred, or

(b) arises from noise emitted from or caused by an unattended vehicle or unattended machinery or equipment,

the abatement notice shall be served in accordance with subsection (2).

(2) The notice shall be served—

(a) where the person responsible for the vehicle, machinery or equipment can be found, on that person;

(b) where that person cannot be found or where the district council determines that this paragraph should apply, by fixing the notice to the vehicle, machinery or equipment.

(3) Where—

(a) an abatement notice is served in accordance with subsection (2)(b) by virtue of a determination of the district council, and

(b) the person responsible for the vehicle, machinery or equipment can be found and served with a copy of the notice within an hour of the notice being fixed to the vehicle, machinery or equipment,

a copy of the notice shall be served on that person accordingly.

(4) Where an abatement notice is served in accordance with subsection (2)(b) by virtue of a determination of the district council, the notice shall state that, if a copy of the notice is subsequently served under subsection (3), the time specified in the notice as the time within which its requirements are to be complied with is extended by such further period as is specified in the notice.

(5) Where an abatement notice is served in accordance with subsection (2)(b), the person responsible for the vehicle, machinery or equipment may appeal against the notice under section 65(8) as if that person had been served with the notice on the date on which it was fixed to the vehicle, machinery or equipment.

(6) Section 65(9) shall apply in relation to a person on whom a copy of an abatement notice is served under subsection (3) as if the copy were the notice itself.

(7) A person who removes or interferes with a notice fixed to a vehicle, machinery or equipment in accordance with subsection (2)(b) shall be guilty of an offence, unless that person is the person responsible for the vehicle, machinery or equipment or does so with the authority of that person.

(8) A person who commits an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Supplementary provisions

67

(1) Subject to subsection (2), where more than one person is responsible for a statutory nuisance section 65 shall apply to each of those persons whether or not what any one of them is responsible for would by itself amount to a nuisance.

(2) In relation to a statutory nuisance within section 63(1)(j) for which more than one person is responsible (whether or not what any one of those persons is responsible for would by itself amount to such a nuisance), section 65(2)(a) shall apply with the substitution of “ any one of the persons ” for “the person”.

(3) In relation to a statutory nuisance within section 63(1)(j) caused by noise emitted from or caused by an unattended vehicle or unattended machinery or equipment for which more than one person is responsible, section 66 shall apply with the substitution—

(a) in subsection (2)(a), of the words “ any of the persons ” for “the person” and of “ one such person ” for “that person”,

(b) in subsection (2)(b), of the words “ such a person ” for “that person”,

(c) in subsection (3), of the words “ any of the persons ” for “the person” and of “ one such person ” for “that person”,

(d) in subsection (5), of the words “ any person ” for “the person”, and

(e) in subsection (7), of the words “ a person ” for “the person” and of “ such a person ” for “that person”.

(4) Where a statutory nuisance which exists or has occurred within the district of a district council, or which has affected any part of that district, appears to the council to be wholly or partly caused by some act or default committed or taking place outside the district, the district council may act under section 65 as if the act or default were wholly within that district, except that any appeal shall be heard by a court of summary jurisdiction having jurisdiction where the act or default is alleged to have taken place.

(5) Where an abatement notice has not been complied with the district council may, whether or not it takes proceedings for an offence under section 65(9), abate the nuisance and do whatever may be necessary in execution of the notice.

(6) Any expenses reasonably incurred by a district council in abating, or preventing the recurrence of, a statutory nuisance under subsection (5) may be recovered by it from the person by whose act or default the nuisance was caused and, if that person is the owner of the premises, from any person who is for the time being the owner thereof; and the court may apportion the expenses between persons by whose acts or defaults the nuisance is caused in such manner as the court consider fair and reasonable.

(7) If a district council is of opinion that proceedings for an offence under section 65(9) would afford an inadequate remedy in the case of any statutory nuisance, it may, subject to subsection (8), take proceedings in the High Court for the purpose of securing the abatement, prohibition or restriction of the nuisance, and the proceedings shall be maintainable notwithstanding the district council has suffered no damage from the nuisance.

(8) In any proceedings under subsection (7) in respect of a nuisance falling within paragraph (i) or (j) of section 63(1), it shall be a defence to prove that the noise was authorised by a notice under Article 40 or a consent under Article 41 (construction sites), of the Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19).

(9) The further supplementary provisions in Schedule 2 shall have effect.

Expenses recoverable from owner to be a charge on premises

68

(1) Where any expenses are recoverable under section 67(6) from a person who is the owner of the premises there mentioned and the district council serves a notice on that person under this section—

(a) the expenses shall carry interest, at such reasonable rate as the district council may determine, from the date of service of the notice until the whole amount is paid, and

(b) subject to the following provisions of this section, the expenses and accrued interest shall be a charge on the premises.

(2) A notice served under this section shall—

(a) specify the amount of the expenses that the district council claims is recoverable,

(b) state the effect of subsection (1) and the rate of interest determined by the district council under that subsection, and

(3) On the date on which a district council serves a notice on a person under this section the council shall also serve a copy of the notice on every other person who, to the knowledge of the council, has an interest in the premises capable of being affected by the charge.

(4) Subject to any order under subsection (7)(b) or (c), the amount of any expenses specified in a notice under this section and the accrued interest shall be a charge on the premises—

(a) as from the end of the period of 21 days beginning with the date of service of the notice, or

(b) where an appeal is brought under subsection (6), as from the final determination of the appeal,

until the expenses and interest are recovered.

(5) For the purposes of subsection (4), the withdrawal of an appeal has the same effect as a final determination of the appeal.

(6) A person served with a notice or copy of a notice under this section may appeal against the notice to the county court within the period of 21 days beginning with the date of service.

(7) On such an appeal the court may—

(a) confirm the notice without modification,

(b) order that the notice is to have effect with the substitution of a different amount for the amount originally specified in it, or

(8) In paragraph 1 of Schedule 11 to the Land Registration Act (Northern Ireland) 1970 (c. 18) after sub-paragraph (c) insert—

(ca) section 68 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011; or

(9) In this section “premises” does not include a vessel.

Payment of expenses by instalments

69

(1) Where any expenses are a charge on premises under section 68, the district council may by order declare the expenses to be payable with interest by instalments within the specified period, until the whole amount is paid.

(2) In subsection (1)—

“interest” means interest at the rate determined by the council under section 68(1), and

“the specified period” means such period of 30 years or less from the date of service of the notice under section 68 as is specified in the order.

(3) Subject to subsection (5), the instalments and interest, or any part of them, may be recovered from the owner or occupier for the time being of the premises.

(4) Any sums recovered from an occupier may be deducted by the occupier from the rent of the premises.

(5) An occupier shall not be required to pay at any one time any sum greater than the aggregate of—

(a) the amount that was due on account of rent at the date on which the occupier was served with a demand from the district council together with a notice requiring the occupier not to pay rent to the landlord without deducting the sum demanded, and

(b) the amount that has become due from the occupier on account of rent since that date.

Summary proceedings by persons aggrieved by statutory nuisances

70

(1) A court of summary jurisdiction may act under this section on a complaint made by any person on the ground that that person is aggrieved by the existence of a statutory nuisance.

(2) If the court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises or, in the case of a nuisance within section 63(1)(j), in the same street, the court shall make an order for either or both of the following purposes—

(a) requiring the defendant to abate the nuisance, within a time specified in the order, and to execute any works necessary for that purpose;

(b) prohibiting a recurrence of the nuisance, and requiring the defendant, within a time specified in the order, to execute any works necessary to prevent the recurrence;

and may also impose on the defendant a fine not exceeding level 5 on the standard scale.

(3) If the court is satisfied that the alleged nuisance exists and is such as, in the opinion of the court, to render premises unfit for human habitation, an order under subsection (2) may prohibit the use of the premises for human habitation until the premises are, to the satisfaction of the court, rendered fit for that purpose.

(4) Proceedings for an order under subsection (2) shall be brought—

(a) except in a case falling within paragraph (b), (c) or (d), against the person responsible for the nuisance;

(b) where the nuisance arises from any defect of a structural character, against the owner of the premises;

(d) in the case of a statutory nuisance within section 63(1)(j) caused by noise emitted from or caused by an unattended vehicle or unattended machinery or equipment, against the person responsible for the vehicle, machinery or equipment.

(5) Subject to subsection (6), where more than one person is responsible for a statutory nuisance, subsections (1) to (4) shall apply to each of those persons whether or not what any one of them is responsible for would by itself amount to a nuisance.

(6) In relation to a statutory nuisance within section 63(1)(j) for which more than one person is responsible (whether or not what any one of those persons is responsible for would by itself amount to such a nuisance), subsection (4)(a) shall apply with the substitution of “ each person responsible for the nuisance who can be found ” for “the person responsible for the nuisance”.

(7) In relation to a statutory nuisance within section 63(1)(j) caused by noise emitted from or caused by an unattended vehicle or unattended machinery or equipment for which more than one person is responsible, subsection (4)(d) shall apply with the substitution of “ any person ” for “the person”.

(8) Before instituting proceedings for an order under subsection (2) against any person, the person aggrieved by the nuisance shall give to that person such notice in writing of the aggrieved person's intention to bring the proceedings as is applicable to proceedings in respect of a nuisance of that description and the notice shall specify the matter complained of.

(9) The notice of the bringing of proceedings in respect of a statutory nuisance required by subsection (8) which is applicable is—

(a) in the case of a nuisance falling within paragraph (i) or (j) of section 63(1), not less than 3 days' notice; and

(b) in the case of a nuisance of any other description, not less than 21 days' notice;

but the Department may, by order, provide that this subsection shall have effect as if such period as is specified in the order were the minimum period of notice applicable to any description of statutory nuisance specified in the order.

(10) A person who, without reasonable excuse, contravenes any requirement or prohibition imposed by an order under subsection (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale together with a further fine of an amount equal to one-tenth of that level for each day on which the offence continues after the conviction.

(11) Subject to subsection (12), in any proceedings for an offence under subsection (10) in respect of a statutory nuisance it shall be a defence to prove that the best practicable means were used to prevent, or to counteract the effects of, the nuisance.

(12) The defence under subsection (11) is not available—

(a) in the case of a nuisance falling within paragraph (a), (d), (e), (f), (g) or (i) of section 63(1) except where the nuisance arises on industrial, trade or business premises;

(b) in the case of a nuisance falling within paragraph (h) of section 63(1) except where—

(i) the artificial light is emitted from industrial, trade or business premises, or

(ii) the artificial light (not being light to which sub-paragraph (i) applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility;

(c) in the case of a nuisance falling within paragraph (j) of section 63(1) except where the noise is emitted from or caused by a vehicle, machinery or equipment being used for industrial, trade or business purposes;

(d) in the case of a nuisance falling within paragraph (b) of section 63(1) except where the smoke is emitted from a chimney;

(e) in the case of a nuisance falling within paragraph (c) or (n) of section 63(1); and

(f) in the case of a nuisance which is such as to render the premises unfit for human habitation.

(13) For the purposes of subsection (12)(b) a relevant sports facility has the same meaning as in section 65(14).

(14) If a person is convicted of an offence under subsection (10), a court of summary jurisdiction may, after giving the district council in whose district the nuisance has occurred an opportunity of being heard, direct the council to do anything which the person convicted was required to do by the order to which the conviction relates.

(15) Where on the hearing of proceedings for an order under subsection (2) it is proved that the alleged nuisance existed at the date of the making of the complaint then, whether or not at the date of the hearing it still exists or is likely to recur, the court shall order the defendant (or defendants in such proportions as appears fair and reasonable) to pay to the person bringing the proceedings such amount as the court considers reasonably sufficient to compensate that person for any expenses properly incurred by that person in the proceedings.

(16) If it appears to the court that neither the person responsible for the nuisance nor the owner or occupier of the premises or (as the case may be) the person responsible for the vehicle, machinery or equipment can be found the court may, after giving the district council in whose district the nuisance has occurred an opportunity of being heard, direct the council to do anything which the court would have ordered that person to do.

Application of this Part to Crown

71

(1) Subject to the provisions of this section, the provisions of this Part and of regulations and orders made under it shall bind the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

(2) No contravention by the Crown of any provision of this Part or of any regulations or order made under it shall make the Crown criminally liable; but the High Court may, on the application of any district council charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Notwithstanding anything in subsection (2), the provisions of this Part and of regulations and orders made under it shall apply to persons in the public service of the Crown as they apply to other persons.

(4) In this section any reference to the Crown includes the Crown in right of Her Majesty's Government in the United Kingdom.

PART 8 — MISCELLANEOUS AND SUPPLEMENTARY

Use of fixed penalty receipts

Use of penalty receipts

72

(1) This section applies in relation to amounts paid to a district council in pursuance of—

(a) notices under Article 6 and Article 14A of, and paragraph 7 of Schedule 1A to, the Litter (Northern Ireland) Order 1994 (NI 10);

(b) notices under section 26;

(2) The amounts to which this section applies which are paid to a district council are in this section called the council's “fixed penalty receipts”.

(3) A district council may use its fixed penalty receipts only for the purposes of qualifying functions of the council.

(4) For the purposes of this section the “qualifying functions” of a council are—

(a) its functions under the Litter (Northern Ireland) Order 1994;

(b) its functions under section 26;

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

(5) Regulations under subsection (4)(d) may (in particular) have the effect that a council may use its fixed penalty receipts for the purposes of any of its functions.

(6) A district council must supply the Department with such information relating to its fixed penalty receipts as the Department may require.

(7) The Department may by regulations—

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

(i) pending their being used for the purposes of qualifying functions of the council;

(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 council's fixed penalty receipts.

(8) 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 Department) other than the council.

(9) Before making regulations under this section, the Department must consult—

(a) district councils;

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

Increase of penalty for pollution offences

Offences relating to pollution etc.: penalties on conviction

73

In paragraph 25 of Schedule 1 to the Environment (Northern Ireland) Order 2002 (NI 7) (purposes for which regulations may be made under Article 4: offences), in sub-paragraph (2)(a)(ii) for the words “£30,000” substitute “ £50,000 ”.

Offences by bodies corporate

74

For the purposes of this Act, section 20(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33) applies with the omission of the words “the liability of whose members is limited” and where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with that member's functions of management as if that member were a director of the body corporate.

Supplementary

Regulations and orders

75

(1) Orders and regulations made by the Department under this Act may include such incidental, supplementary, consequential, transitory, transitional or saving provisions as the Department considers appropriate.

(2) Subject to subsections (3), (4) and (5), orders and regulations made by the Department under this Act shall be subject to negative resolution.

(3) An order under—

(a) section 4(9),

(b) section 27(5),

(d) section 53(6),

shall not be made unless a draft of the order has been laid before and approved by a resolution of the Assembly.

(4) Regulations under section 40(4) and section 41(1) shall not be made unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.

(5) Subsection (2) does not apply to an order under section 78 or an order under paragraph 5 of Schedule 2.

Interpretation

76

In this Act—

“clerk of the council”, in relation to a district council, means the clerk appointed in accordance with section 41 of the Local Government Act (Northern Ireland) 1972 (c. 9);

“the Department” means the Department of the Environment;

“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).

Minor and consequential amendments and repeals

77

(1) The statutory provisions set out in Schedule 3 have effect subject to the amendments specified in that Schedule.

(2) The statutory provisions set out in Schedule 4 are repealed to the extent specified in the second column of that Schedule.

(3) The Department may by order repeal or amend any provision of any local Act passed before this Act or of any order or other instrument made under a local Act so passed if it appears to it that the provision is inconsistent with, or has become unnecessary or requires alteration in consequence of, any provision of this Act or corresponds to any provision repealed by this Act.

Commencement

78

The provisions of this Act, except for this section and sections 75, 76 and 79, come into operation on such day or days as the Department may by order appoint.

Short title

79

This Act may be cited as the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011.

SCHEDULE 1

1

The Noise Act 1996 (c. 37) is amended as follows.

2

In the heading to section 2, omit the words “from a dwelling”.

3

(1) Section 2 (investigations of complaints of noise) is amended as follows.

(2) In subsection (2), after the words “emitted from” insert “ (a) ” and at the end insert

, or (b) any of the following (referred to in this group of sections as “the offending premises”)— (i) any premises in relation to which an exhibition licence has effect; (ii) any place in relation to which an entertainment licence has effect; (iii) any licensed premises; (iv) a place at which the sale of intoxicating liquor is for the time being authorised by an occasional licence; (v) any premises where meals or refreshments are supplied whether for consumption on or off the premises; (vi) any premises occupied by a registered club.”.

(3) After subsection (2) insert—

(2A) For the purposes of subsection (2)(b)— - “exhibition licence” means a licence granted under Article 3 of the Cinemas (Northern Ireland) Order 1991; - “entertainment licence” means a licence granted under paragraph 3 of Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985; - “intoxicating liquor”, “licensed premises” and “occasional licence” have the same meanings as in the Licensing (Northern Ireland) Order 1996; - “registered club” has the same meaning as in Article 2(2) of the Registration of Clubs (Northern Ireland) Order 1996.

(4) In subsection (4)(a), after the words “the offending dwelling” insert “ or the offending premises ”.

(5) In subsection (7)—

(a) after the words “the offending dwelling is” insert “ , or the offending premises are, ”;

(b) after the words “if the offending dwelling” insert “ or the offending premises ”.

4

(1) Section 3 (warning notices) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a)(i), after the words “offending dwelling” insert “ or the offending premises ”;

(b) for paragraph (b) substitute—

(b) give warning— (i) in a case where the complaint is in respect of a dwelling, that any person who is responsible for noise which is emitted from the offending dwelling in the period specified in the notice and which exceeds the permitted level, as measured from within the complainant's dwelling, may be guilty of an offence; (ii) in a case where the complaint is in respect of other premises, that the responsible person in relation to the offending premises may be guilty of an offence if noise which exceeds the permitted level, as measured from within the complainant's dwelling, is emitted from the premises in the period specified in the notice.

(3) In subsection (3), at the beginning insert “ In a case where the complaint is in respect of a dwelling, ”.

(4) After subsection (3) insert—

(3A) In a case where the complaint is in respect of other premises, a warning notice must be served by delivering it to the person who appears to the officer of the district council to be the responsible person in relation to the offending premises at the time the notice is delivered.

(5) After subsection (5) insert—

(6) For the purposes of this group of sections, the responsible person in relation to offending premises at a particular time is— (a) in the case of any premises mentioned in sub-paragraph (i), (ii), (iii) or (iv) of section 2(2)(b)— (i) the holder of the licence if he is present at the premises at that time, (ii) where that person is not present at the premises at that time, any other person who is present at the premises at that time and in charge of the premises; (b) in the case of any premises mentioned in sub-paragraph (v) of section 2(2)(b), any person who is present at the premises at that time and in charge of the premises; (c) in the case of any premises mentioned in sub-paragraph (vi) of section 2(2)(b)— (i) any official of the club who is present at the premises at that time; (ii) where no such official is present at the premises at that time, any other person who is present at the premises at that time and in charge of the premises; and for the purposes of this paragraph “official” has the same meaning as in Article 2(2) of the Registration of Clubs (Northern Ireland) Order 1996.

5

In the heading to section 4, after the words “where noise” insert “ from a dwelling ”.

6

After section 4 (offence where noise exceeds permitted level after notice) insert—

(4A) (1) If— (a) a warning notice has been served under section 3 in respect of noise emitted from premises, (b) noise is emitted from the premises in the period specified in the notice, and (c) the noise exceeds the permitted level, as measured from within the complainant's dwelling, the responsible person in relation to the offending premises at the time at which the noise referred to in paragraph (c) is emitted is guilty of an offence. (2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

7

In section 5 (permitted level of noise), in subsection (1) after the words “from any dwelling” insert “ or other premises ”.

8

In section 6 (approval of measuring devices), in subsection (3) after the words “section 4” insert “ or 4A ”.

9

(1) Section 7 (evidence) is amended as follows.

(2) In subsection (1), after the words “section 4” insert “ or 4A ”.

(3) After subsection (3) insert—

(3A) In proceedings for an offence under section 4A, evidence that noise, or noise of any kind, measured by a device at any time was noise emitted from any other premises may be given by the production of a document— (a) signed by an officer of the district council, and (b) stating that he had identified those premises as the source at that time of the noise or, as the case may be, noise of that kind.

(4) In subsection (4), for the words “or (3)(a)” substitute “ , (3)(a) or (3A)(a) ”.

10

(1) Section 8 (fixed penalty notices) is amended as follows.

(2) In subsection (1), after the words “section 4” insert “ or 4A ”.

(3) In subsection (2)(b), after the words “the offending dwelling” insert “ or the offending premises (as the case may be) ”.

11

(1) Section 9 (section 8: supplementary) is amended as follows.

(2) After subsection (2) insert—

(2A) If a fixed penalty notice is given to a person in respect of noise emitted from other premises in any period in a warning notice— (a) no further fixed penalty notice may be given to that person in respect of noise emitted from the premises during that period, but (b) that person may be convicted of a further offence under section 4A in respect of noise emitted from the premises after the fixed penalty notice is given and before the end of that period.

(3) In subsection (5), after the words “section 4” insert “ or 4A ”.

12

(1) Section 10 (powers of entry and seizure etc.) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), after the words “a dwelling” insert “ or other premises ”;

(b) in paragraph (b), after the words “the dwelling” insert “ or other premises ”.

(3) In subsection (2), after the words “the dwelling” insert “ or other premises ”.

(4) In subsection (4)—

(a) in paragraph (a), after the words “a dwelling” insert “ or other premises ”;

(b) in paragraph (b), after the words “the dwelling” insert “ or other premises ”;

(d) after the words “to enter the” insert “ dwelling or other ”.

(5) In subsection (5)—

(a) after the words “enters any” insert “ dwelling or other ”;

(b) for the words from “the premises are unoccupied” to the end substitute “ the dwelling is, or the other premises are, unoccupied, must leave it or them as effectively secured against trespassers as he found it or them. ”.

13

In the Schedule (powers in relation to seized equipment), in paragraph 1(a)(i), after the words “section 4” insert “ or 4A ”.

SCHEDULE 2

Appeals to a court of summary jurisdiction

1

(1) This paragraph applies in relation to appeals under section 65(8) against an abatement notice to a court of summary jurisdiction.

(2) Part 7 of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) shall apply to such appeals.

(3) An appeal against any decision of a court of summary jurisdiction in pursuance of an appeal to which this paragraph applies shall lie to the county court at the instance of any party to the proceedings in which the decision was given.

(4) The Department may make regulations as to appeals to which this paragraph applies and without prejudice to the generality of this sub-paragraph the regulations may in particular—

(a) prescribe the cases in which an abatement notice is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;

(b) prescribe the cases in which the decision on appeal may in some respects be less favourable to the appellant than the decision from which the appeal is brought;

(c) prescribe the cases in which the appellant may claim that an abatement notice should have been served on some other person and prescribe the procedure to be followed in those cases.

Powers of entry etc.

2

(1) Subject to sub-paragraph (2), any person authorised by a district council may, on production (if so required) of that person's authority, enter any premises at any reasonable time—

(a) for the purpose of ascertaining whether or not a statutory nuisance exists; or

(b) for the purpose of taking any action, or executing any work, authorised or required by Part 7.

(2) Admission by virtue of sub-paragraph (1) to any premises used wholly or mainly for residential purposes shall not except in an emergency be demanded as of right unless 24 hours notice of the intended entry has been given to the occupier.

(3) If it is shown to the satisfaction of a lay magistrate on complaint in writing—

(a) that admission to any premises has been refused, or that refusal is apprehended, or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one of emergency, or that an application for admission would defeat the object of the entry; and

(b) that there is reasonable ground for entry into the premises for the purpose for which entry is required,

the lay magistrate may by warrant authorise the district council by any authorised person to enter the premises, if need be by force.

(4) An authorised person entering any premises by virtue of sub-paragraph (1) or a warrant under sub-paragraph (3) may—

(a) take to the premises such other persons and such equipment as may be necessary;

(b) carry out such inspections, measurements and tests as the authorised person considers necessary for the discharge of any of the district council's functions under Part 7; and

(5) On leaving any unoccupied premises entered by virtue of sub-paragraph (1) or a warrant under sub-paragraph (3) the authorised person shall leave them as effectually secured against trespassers as they were found.

(6) A warrant issued in pursuance of sub-paragraph (3) shall continue in force until the purpose for which the entry is required has been satisfied.

(7) Any reference in this paragraph to an emergency is a reference to a case where the person requiring entry has reasonable cause to believe that circumstances exist which are likely to endanger life or health and that immediate entry is necessary to verify the existence of those circumstances or to ascertain their cause and to effect a remedy.

3

(1) Any person authorised by a district council may on production (if so required) of that person's authority—

(a) enter or open a vehicle, machinery or equipment, if necessary by force, or

(b) remove a vehicle, machinery or equipment from a street to a secure place,

for the purpose of taking any action, or executing any work, authorised by or required under Part 7 in relation to a statutory nuisance within section 63(1)(j) caused by noise emitted from or caused by the vehicle, machinery or equipment.

(2) On leaving any unattended vehicle, machinery or equipment entered or opened under sub-paragraph (1), the authorised person shall (subject to sub-paragraph (3)) leave it secured against interference or theft in such manner and as effectually as it was found.

(3) If the authorised person is unable to comply with sub-paragraph (2), that person shall for the purpose of securing the unattended vehicle, machinery or equipment either—

(a) immobilise it by such means as are considered expedient, or

(b) remove it from the street to a secure place.

(4) In carrying out any function under sub-paragraph (1), (2) or (3), the authorised person shall not cause more damage than is necessary.

(5) Before a vehicle, machinery or equipment is entered, opened or removed under sub-paragraph (1), the district council shall notify the police of the intention to take action under that sub-paragraph.

(6) After a vehicle, machinery or equipment has been removed under sub-paragraph (1) or (3), the district council shall notify the police of its removal and current location.

(7) Notification under sub-paragraph (5) or (6) may be given to the police at any police station in the district of the district council.

(8) For the purposes of section 67(6), any expenses reasonably incurred by a district council under sub-paragraph (2) or (3) shall be treated as incurred by the council under section 67(5) in abating or preventing the recurrence of the statutory nuisance in question.

Offences relating to entry

4

(1) A person who wilfully obstructs any person acting in the exercise of any powers conferred by paragraph 2 or 3 shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(2) A person who discloses any information relating to any trade secret obtained in the exercise of any powers conferred by paragraph 2 shall, unless the disclosure was made in the performance of that person's duty or with the consent of the person having the right to disclose the information, be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Default powers

5

(1) This paragraph applies to the following functions of a district council—

(a) its duty under section 64 to cause its district to be inspected to detect any statutory nuisance which ought to be dealt with under section 65 or sections 65 and 66; and

(b) its powers under paragraph 2 or 3.

(2) If the Department is satisfied that any district council has failed, in any respect, to discharge a function to which this paragraph applies which it ought to have discharged, it may make an order declaring the council to be in default.

(3) An order made under sub-paragraph (2) which declares a council to be in default may, for the purpose of remedying the default, direct the council (“the defaulting council”) to perform the function specified in the order and may specify the manner in which and the time or times within which the function is to be performed by the council.

(4) If the defaulting council fails to comply with any direction contained in such an order the Department may, instead of enforcing the order by mandamus, make an order transferring to itself the function of the council specified in the order.

(5) Where the function of a defaulting council is transferred under sub-paragraph (4), the amount of any expenses which the Department certifies were incurred by it in performing the function shall on demand be paid to it by the defaulting council.

(6) Any expenses required to be paid by a defaulting council under sub-paragraph (5) shall be defrayed by the council in the same manner, and shall be debited to the same account, as if the function had not been transferred and the expenses had been incurred by the council in performing them.

(7) The Statutory Rules (Northern Ireland) Order 1979 (NI 12) shall not apply to any order under this paragraph.

Protection from personal liability

6

Nothing done by, or by a member of, a district council or by an officer of or other person authorised by a district council shall, if done in good faith for the purpose of executing Part 7, subject that person personally to any action, liability, claim or demand whatsoever (other than any liability under Articles 19 or 20 of the Local Government (Northern Ireland) Order 2005 (NI 18) (powers of local government auditors)).

Statement of right of appeal in notices

7

Where an appeal against a notice served by a district council lies to a court of summary jurisdiction by virtue of section 65, it shall be the duty of the council to include in that notice a statement indicating that such an appeal lies to a court of summary jurisdiction and specifying the time within which it must be brought.

SCHEDULE 3

PART 1 — VEHICLES

The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)

1

In Article 86—

(a) in paragraph (1) at the beginning insert “ Subject to paragraph (1A), ”;

(b) after paragraph (1) insert—

(1A) An order under Article 29A(9) shall not be made unless a draft of the order has been laid before and approved by a resolution of the Assembly.

The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)

2

In Article 54(4)(c) after the words “the Pollution Control (Northern Ireland) Order 1978” insert “ or who has paid a fixed penalty notice under Article 29A(1) of that Order ”.

PART 2 — LITTER

The Litter (Northern Ireland) Order 1994 (NI 10)

3

(1) In Article 7(1) at the end of sub-paragraph (d) insert “ and ”.

(2) In Article 7(5) for “paragraph (1)(b) to (f)” substitute “ paragraph (1)(b) to (e) ”.

(3) In Article 11(1) at the end of sub-paragraph (d) insert “ or ”.

(4) In Article 12(1) at the end of sub-paragraph (b) insert “ or ”.

(5) In Article 15(1) after sub-paragraph (b) insert

and (c) all orders made by the district council under paragraph 2(1) of Schedule 1A.

(6) In Article 17(1)(b) after the words “Article 12(10)” insert “ or Article 12C(3) ”.

(7) In Article 25—

(a) in paragraph (1) at the beginning insert “ Subject to paragraph (1A), ”;

(b) after paragraph (1) insert—

(1A) An order under Article 18A(3) shall not be made unless a draft of the order has been laid before and approved by a resolution of the Assembly.

PART 3 — STATUTORY NUISANCE

The Housing of the Working Classes Act 1885 (c. 72)

4

In section 9(1) for the words from “a nuisance within the meaning of section one hundred and seven” to the end substitute “ a statutory nuisance for the purposes of Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”.

The Public Health Acts Amendment Act 1907 (c. 53)

5

In section 35—

(a) for the words “the Public Health (Ireland) Act, 1878” substitute “ Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”;

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