Clean Neighbourhoods and Environment Act 2005

(33C) (1) This section applies where a person is convicted of an offence under section 33 above in respect of a contravention of subsection (1) of that section consisting of the deposit or disposal of controlled waste. (2) The court by or before which the offender is convicted may make an order under this section if— (a) the court is satisfied that a vehicle was used in or for the purposes of the commission of the offence; and (b) at the time of his conviction the offender has rights in the vehicle. (3) An order under this section operates to deprive the offender of his rights in the vehicle (including its fuel) at the time of his conviction and to vest those rights in the relevant enforcement authority. (4) In a case where a vehicle has been seized under section 34B below and the offender retains rights in any of the vehicle's contents, an order under this section may, if and to the extent that it so specifies, deprive the offender of those rights and vest them in the relevant enforcement authority. (5) Where an order under this section is made, the relevant enforcement authority may take possession of the vehicle (if it has not already done so under section 34C below). (6) The court may make an order under this section whether or not it also deals with the offender in any other way in respect of the offence of which he is convicted. (7) In considering whether to make an order under this section a court must in particular have regard to— (a) the value of the vehicle; (b) the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making); (c) the offender's need to use the vehicle for lawful purposes; (d) whether, in a case where it appears to the court that the offender is engaged in a business which consists wholly or partly in activities which are unlawful by virtue of section 33 above, the making of the order is likely to inhibit the offender from engaging in further such activities. (8) Section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (power to deprive offender of property) does not apply in any case where this section applies. (9) For the purposes of this section, where a vehicle or its contents have been seized under section 34B below in connection with the offence referred to in subsection (1) above, any transfer by the offender after the seizure and before his conviction of any of his rights in the vehicle or its contents is of no effect. (10) In this section— - “relevant enforcement authority” means— 1. the Environment Agency, where the proceedings in respect of the offence have been brought by or on behalf of the Agency, or 2. in any other case, the waste collection authority in whose area the offence was committed; - “vehicle” means any motor vehicle or trailer within the meaning of the Road Traffic Regulation Act 1984 or any mobile plant.

• (2) This section does not have effect in relation to an offence under section 33 of that Act committed before the commencement of this section.

Offences relating to documentation

Failure to furnish documentation: fixed penalty notices

45

In the Environmental Protection Act 1990 (c. 43), after section 34 (duty of care etc as respects waste) insert—

(34A) (1) This section applies where it appears to an enforcement authority that a person has failed to comply with a duty to furnish documents to that authority imposed under regulations made at any time under section 34(5) above. (2) The authority may serve on that person a notice offering him the opportunity of discharging any liability to conviction for an offence under section 34(6) above by payment of a fixed penalty. (3) 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 expiration of the period of fourteen days following the date of the notice; and (b) he may not be convicted of that offence if he pays the fixed penalty before the expiration of the 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) above, 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. (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) above at the address so mentioned. (7) Where a letter is sent in accordance with subsection (6) above 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. (8) The form of a notice under this section is to be such as the appropriate person may by order prescribe. (9) The fixed penalty payable to an enforcement authority under this section is, subject to subsection (10) below, £300. (10) The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (9) above. (11) The enforcement authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority. (12) The appropriate person may by regulations restrict the extent to which, and the circumstances in which, an enforcement authority may make provision under subsection (11) above. (13) In any proceedings a certificate which— (a) purports to be signed on behalf of the chief finance officer of the enforcement authority, 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. (14) In this section— - “chief finance officer”, in relation to an enforcement authority, means the person having responsibility for the financial affairs of the authority; - “enforcement authority” means the Environment Agency or a waste collection authority.

Offences: powers of seizure

Power to search and seize vehicles

46

• (1) After section 34A of the Environmental Protection Act 1990 (c. 43) (as inserted by section 45 above), insert—

(34B) (1) This section applies where an authorised officer of an enforcement authority or a constable reasonably believes that the grounds in subsection (2) or (3) below exist. (2) The grounds in this subsection are that— (a) a relevant offence has been committed, (b) a vehicle was used in the commission of the offence, and (c) proceedings for the offence have not yet been brought against any person. (3) The grounds in this subsection are that— (a) a relevant offence is being or is about to be committed, and (b) a vehicle is being or is about to be used in the commission of the offence. (4) The authorised officer or constable may— (a) search the vehicle; (b) seize the vehicle and any of its contents. (5) In acting under subsection (4) above the authorised officer or constable may— (a) stop the vehicle (but only a constable in uniform may stop a vehicle on any road); (b) enter any premises for the purpose of searching or seizing the vehicle. (6) A vehicle or its contents seized under subsection (4) above— (a) by an authorised officer of an enforcement authority, are seized on behalf of that authority; (b) by a constable in the presence of an authorised officer of an enforcement authority, are seized on behalf of that authority; (c) by a constable without such an officer present, are seized on behalf of the waste collection authority in whose area the seizure takes place. (7) A person commits an offence if— (a) he fails without reasonable excuse to give any assistance that an authorised officer or constable may reasonably request in the exercise of a power under subsection (4) or (5) above; (b) he otherwise intentionally obstructs an authorised officer or constable in exercising that power. (8) Where an authorised officer or constable has stopped a vehicle under subsection (5)(a) above, he may require any occupant of the vehicle to give him— (a) the occupant's name and address; (b) the name and address of the registered owner of the vehicle; (c) any other information he may reasonably request. (9) A person commits an offence if— (a) he fails without reasonable excuse to comply with a requirement under subsection (8) above; (b) he gives information required under that subsection that is— (i) to his knowledge false or misleading in a material way, or (ii) given recklessly and is false or misleading in a material way. (10) 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. (11) In this section and section 34C below— - “authorised officer” means an officer of an enforcement authority who is authorised in writing by the authority for the purposes of this section; - “enforcement authority” means— 1. the Environment Agency, or 2. a waste collection authority; - “relevant offence” means— 1. an offence under section 33 above, or 2. an offence under section 34 above consisting of a failure to comply with the duty imposed by subsection (1) of that section; - “road” has the same meaning as in the Road Traffic Regulation Act 1984; - “vehicle” means any motor vehicle or trailer within the meaning of that Act or any mobile plant. (34C) (1) Where under section 34B above an authorised officer or constable seizes a vehicle or its contents (“seized property”) on behalf of an enforcement authority, the authority may remove the seized property to such a place as it considers appropriate. (2) An enforcement authority must deal with any seized property in accordance with regulations made by the appropriate person. (3) Regulations under subsection (2) above may in particular include provision as to— (a) the duties of enforcement authorities in relation to the safe custody of seized property; (b) the circumstances in which they must return any such property to a person claiming entitlement to it; (c) the manner in which such persons, and the seized property to which they are entitled, may be determined; (d) the circumstances in which an enforcement authority may sell, destroy or otherwise dispose of seized property; (e) the uses to which the proceeds of any such sale may be put. (4) Regulations making provision under subsection (3)(d) above— (a) must (subject to paragraph (c) below) require the enforcement authority to publish a notice in such form, and to take any other steps, as may be specified in the regulations for informing persons who may be entitled to the seized property that it has been seized and is available to be claimed; (b) must (subject to paragraph (c) below) prohibit the authority from selling, destroying or otherwise disposing of any seized property unless a period specified in the regulations has expired without any obligation arising under the regulations for the authority to return the property to any person; (c) may allow for the requirements in paragraphs (a) and (b) above to be dispensed with if the condition of the seized property requires its disposal without delay. (5) The appropriate person may issue guidance to enforcement authorities in relation to the performance of their functions under regulations under subsection (2) above.

• (2) In section 71 of that Act (obtaining information from persons and authorities)—

• (a) after subsection (2) insert—

(2A) A waste collection authority has the power referred to in subsection (2) for the purpose of the discharge of its functions under sections 34B and 34C above.

;

• (b) in subsection (3) after “subsection (2)” insert “ or (2A) ”.

Local authority waste collection and disposal

Abolition of requirement to contract out waste disposal functions

47

Section 32 of and Schedule 2 to the Environmental Protection Act 1990 (c. 43) (power to require local authorities to transfer waste disposal functions etc to specially formed companies) shall cease to have effect.

Offences relating to waste receptacles: fixed penalty notices

48

In the Environmental Protection Act 1990, after section 47 (receptacles for commercial or industrial waste) insert—

(47ZA) (1) This section applies where on any occasion an authorised officer of a waste collection authority has reason to believe that a person has committed an offence under section 46 or 47 above in the area of that authority. (2) The authorised officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the waste collection authority. (3) 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 fourteen days following the date of the notice; and (b) he may not be convicted of that offence if he pays the fixed penalty before the expiration 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) above, 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. (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) above at the address so mentioned. (7) Where a letter is sent in accordance with subsection (6) above 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. (8) The form of a notice under this section is to be such as the appropriate person may by order prescribe. (9) In any proceedings a certificate which— (a) purports to be signed on behalf of the chief finance officer of the waste collection authority, 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. (10) In this section— - “authorised officer”, in relation to a waste collection authority, means— 1. an employee of the authority who is authorised in writing by the authority for the purposes of giving notices under this section; 2. any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function; 3. any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices; - “chief finance officer”, in relation to a waste collection authority, means the person having responsibility for the financial affairs of the authority. (47ZB) (1) This section applies in relation to a fixed penalty payable to a waste collection authority in pursuance of a notice under section 47ZA above. (2) The amount of the fixed penalty— (a) is the amount specified by the waste collection authority in relation to the authority's area, or (b) if no amount is so specified, is £100. (3) The waste collection authority may make provision for treating the fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by the authority. (4) The appropriate person may by regulations make provision in connection with the powers conferred on waste collection authorities under subsections (2)(a) and (3) above. (5) Regulations under subsection (4) may (in particular)— (a) require an amount specified under subsection (2)(a) above to fall within a range prescribed in the regulations; (b) restrict the extent to which, and the circumstances in which, a waste collection authority can make provision under subsection (3) above. (6) The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (2)(b) above.

Payments for waste recycling and disposal

49

• (1) Section 52 of the Environmental Protection Act 1990 (c. 43) (payments for recycling and disposal etc of waste) is amended as follows.

• (2) In subsection (1) after “so retained” insert—

(a) in the case of a waste disposal authority in England, of such amounts as may be determined in accordance with regulations made by the Secretary of State; and (b) in the case of a waste disposal authority in Wales

.

• (3) After subsection (1) insert—

(1A) The Secretary of State may by order disapply subsection (1) above in relation to any waste disposal authority constituted under section 10 of the Local Government Act 1985 (joint arrangements for waste disposal in London and metropolitan counties).

• (4) After subsection (1A) (as inserted by subsection (3) above) insert—

(1B) A waste disposal authority is not required to make payments to a waste collection authority under subsection (1) above where, on the basis of arrangements involving the two authorities, the waste collection authority has agreed that such payments need not be made.

• (5) In subsection (2) after “so collected” insert—

(a) in the case of a waste collection authority in England, of such amounts as may be determined in accordance with regulations made by the Secretary of State; and (b) in the case of a waste collection authority in Wales

.

• (6) In subsection (3) after “so collected” insert—

(a) in the case of a waste disposal authority in England, of such amounts as may be determined in accordance with regulations made by the Secretary of State; and (b) in the case of a waste disposal authority in Wales

.

• (7) In subsection (4) after “so collected” insert—

(a) in the case of a waste collection authority in England, of such amounts as may be determined in accordance with regulations made by the Secretary of State; and (b) in the case of a waste collection authority in Wales

.

• (8) After subsection (8) insert—

(8A) The Secretary of State may give guidance— (a) to a waste disposal authority in England, for the purposes of determining whether to exercise the power in subsection (3) above; (b) to a waste collection authority in England, for the purposes of determining whether to exercise the power in subsection (4) above.

• (9) At the end insert—

(12) In this section, references to recycling waste include re-using it (whether or not the waste is subjected to any process).

Power to require owner of land to remove waste

50

• (1) In section 59 of the Environmental Protection Act 1990 (c. 43) (power to require removal of waste unlawfully deposited), in subsection (7)(b) after “occupier of the land” insert “ or the occupier cannot be found without the authority incurring unreasonable expense ”.

• (2) After that section insert—

(59ZA) (1) Where the grounds in subsection (2), (3) or (4) below are met, a waste regulation authority or waste collection authority may, by notice served on him, require the owner of any land in its area to comply with either or both of the requirements mentioned in subsection (1)(a) and (b) of section 59 above. (2) The grounds in this subsection are that it appears to the authority that waste has been deposited in or on the land in contravention of section 33(1) above and— (a) there is no occupier of the land, or (b) the occupier cannot be found without the authority incurring unreasonable expense. (3) The grounds in this subsection are that— (a) the authority has served a notice under subsection (1) of section 59 above imposing a requirement on the occupier of the land, (b) the occupier of the land is not the same person as the owner of the land, and (c) the occupier has failed to comply with the requirement mentioned in paragraph (a) above within the period specified in the notice. (4) The grounds in this subsection are that— (a) the authority has served a notice under subsection (1) of section 59 above imposing a requirement on the occupier of the land, (b) the occupier of the land is not the same person as the owner of the land, and (c) the requirement mentioned in paragraph (a) above has been quashed on the ground specified in subsection (3)(a) of that section. (5) Subsections (2) to (6) of section 59 above apply in relation to requirements imposed under this section on the owner of the land as they apply in relation to requirements imposed under that section on the occupier of the land but as if in subsection (3) there were inserted after paragraph (a)— (aa) in order to comply with the requirement the appellant would be required to enter the land unlawfully; or (6) In this section “owner” has the meaning given to it in section 78A(9) below.

Supplementary

“Appropriate person”

51

In section 29 of the Environmental Protection Act 1990 (c. 43), after subsection (1) insert—

(1A) “Appropriate person” means— (a) in relation to England, the Secretary of State; (b) in relation to Wales, the National Assembly for Wales.

Use of fixed penalty receipts

52

In the Environmental Protection Act 1990 (c. 43), after section 73 insert—

(73A) (1) The Environment Agency must pay amounts received by it under section 34A above to the Secretary of State. (2) A waste collection authority may use amounts received by it under section 34A or 47ZA above (its “fixed penalty receipts”) only for the purposes of— (a) its functions under this Part (including functions relating to the enforcement of offences under this Part); and (b) such other of its functions as may be specified in regulations made by the appropriate person. (3) Regulations under subsection (2)(b) above may (in particular) have the effect that a waste collection authority may use its fixed penalty receipts for the purposes of any of its functions. (4) A waste collection authority must supply the appropriate person with such information relating to its use of its fixed penalty receipts as the appropriate person may require. (5) The appropriate person may by regulations— (a) make provision for what a waste collection authority is to do with its fixed penalty receipts— (i) pending their being used for the purposes of functions of the authority referred to in subsection (2) above; (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 waste collection authority's fixed penalty receipts. (6) The provision that may be made under subsection (5)(a)(ii) above includes (in particular) provision for the payment of sums to a person (including the appropriate person) other than the waste collection authority. (7) Before making regulations under this section, the appropriate person must consult— (a) the waste collection authorities to which the regulations are to apply; (b) such other persons as the appropriate person thinks fit. (8) Regulations under this section may make different provision for different purposes (including different provision in relation to different authorities or different descriptions of authority). (9) The powers to make regulations conferred by this section are, for the purposes of subsection (1) of section 100 of the Local Government Act 2003, to be regarded as included among the powers mentioned in subsection (2) of that section.

Supplementary enforcement powers

53

In section 108 of the Environment Act 1995 (c. 25) (powers of enforcing authorities etc), in subsection (15), in the definition of “pollution control functions” in relation to a waste collection authority, for “conferred on it by section 59” substitute “ conferred or imposed on it by or under Part 2 ”.

Chapter 3 — Site waste

Site waste management plans

54

• (1) The Secretary of State may by regulations make provision requiring persons of a specified description—

• (a) to prepare plans for the management and disposal of waste created in the course of specified descriptions of works in England involving construction or demolition;

• (b) to comply with such plans.

• (2) Descriptions of works that may be specified under subsection (1)(a) include in particular description by reference to the cost or likely cost of such works.

• (3) Regulations under this section may make supplementary and incidental provision, including in particular provision as to—

• (a) the circumstances in which plans must be prepared;

• (b) the contents of plans;

• (c) enforcement authorities in relation to plans and the powers of such authorities;

• (d) the keeping of plans and their production to enforcement authorities;

• (e) offences in relation to a failure to comply with a requirement under the regulations;

• (f) penalties for those offences;

• (g) the discharging of liability for an offence under the regulations by the payment of a fixed penalty to an enforcement authority;

• (h) the uses to which such payments may be put by enforcement authorities.

• (4) Regulations under this section may make different provision for different purposes.

• (5) Regulations under this section making provision under subsection (3)(h) may in particular make different provision relating to different enforcement authorities or different descriptions of enforcement authority (including provision framed by reference to performance categories under section 99(4) of the Local Government Act 2003 (c. 26)).

• (6) Regulations under this section are to be made by statutory instrument.

• (7) A statutory instrument containing regulations made by the Secretary of State under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

• (8) The Secretary of State may give guidance to persons who are enforcement authorities under subsection (3)(c) in relation to the powers conferred on them under that provision.

• (9) In this section—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “specified” means specified in regulations under this section.

Part 6 — Dogs

Chapter 1 — Controls on dogs

Dog control orders

Power to make dog control orders

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dog control orders: supplementary

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Land to which Chapter 1 applies

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Primary and secondary authorities

58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fixed penalty notices

Fixed penalty notices

59

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of fixed penalties

60

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to require name and address

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Community support officers etc

62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

Overlapping powers

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Byelaws

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dogs (Fouling of Land) Act 1996

65

The Dogs (Fouling of Land) Act 1996 (c. 20) shall cease to have effect.

General

“Appropriate person”

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations and orders

67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 2 — Stray dogs

Termination of police responsibility for stray dogs

68

• (1) Section 3 of the Dogs Act 1906 (c. 32) (seizure of stray dogs by police) shall, subject to subsection (2), cease to have effect.

• (2) The repeal in subsection (1) does not apply for the purposes of section 2(2) and (3) of the Dogs (Protection of Livestock) Act 1953 (c. 28).

• (3) In section 150 of the Environmental Protection Act 1990 (c. 43) (delivery of stray dogs to police or local authority officer), in subsection (1)—

• (a) in paragraph (b), omit sub-paragraph (ii) and the preceding “or”;

• (b) omit the words from “or the police officer” to “as the case may be,”.

• (4) In the heading to that section, omit “police or”.

Part 7 — Noise

Chapter 1 — Audible intruder alarms

Alarm notification areas

Designation of alarm notification areas

69

• (1) A local authority may designate all or any part of its area as an alarm notification area.

• (2) If a local authority proposes to designate an area as an alarm notification area it must arrange for notice of the proposal to be published in a newspaper circulating in the area.

• (3) The notice must state—

• (a) that representations may be made to the authority 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 local authority must consider any representations about the proposal which it receives before the specified date.

• (6) If a local authority 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 local authority decides not to designate an area as an alarm notification area it must arrange for notice of the decision to be published in a newspaper circulating in the area.

Withdrawal of designation

70

• (1) A local authority which has designated an area as an alarm notification area may withdraw the designation.

• (2) If a local authority 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 address 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

71

• (1) This section and section 72 apply in relation to premises if—

• (a) the premises are in an area designated by a local authority 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 72;

• (b) notify the local authority in writing before the end of the required period of the name, address and telephone number of the key-holder nominated in respect of the premises in accordance with that section.

• (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 72.

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

• (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

72

• (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) he holds keys sufficient to enable him to gain access to the part of the premises in which the controls for the alarm are situated;

• (b) he normally resides or is situated in the vicinity of the premises;

• (c) he has information sufficient to enable him to silence the alarm;

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

• (e) where the premises are residential premises, he falls within subsection (4);

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

• (4) A person falls within this subsection if he 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 he 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 71: fixed penalty notices

73

• (1) This section applies if it appears to an authorised officer of a local authority that a person has committed an offence under section 71(4) in the area of the local authority.

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

• (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) he may not be convicted of the offence if he 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

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

• (6) 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) Subsection (6) does not prevent payment of the fixed penalty being made by another method.

• (9) In any proceedings a certificate which—

• (a) purports to be signed by or on behalf of the chief finance officer of a local authority, 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.

• (10) The form of a notice under this section is to be such as the appropriate person may by order prescribe.

• (11) In this section—

• “authorised officer”, in relation to a local authority, means—an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under this section;any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function;any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices;

• “chief finance officer”, in relation to a local authority, is the person having responsibility for the financial affairs of the authority.

Amount of fixed penalty

74

• (1) This section applies in relation to a penalty payable to a local authority in pursuance of a notice under section 73.

• (2) The amount of the penalty is—

• (a) the amount specified by the local authority in relation to its area, or

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

• (3) The local authority may make provision for treating the penalty as having been paid if a lesser amount is paid before the end of a period specified by the authority.

• (4) The appropriate person may by regulations make provision in connection with the powers conferred on local authorities 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, an authority can make provision under subsection (3).

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

Use of fixed penalty receipts

75

• (1) A local authority may use any sums it receives in respect of fixed penalties payable in pursuance of notices given under section 73 (its “penalty receipts”) only for the purposes of functions of its that are qualifying functions.

• (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 sections 79 to 82 of the Environmental Protection Act 1990 (c. 43) (statutory nuisances) in connection with statutory nuisances falling with section 79(1)(g) or (ga) (noise) of that Act;

• (d) functions of a description specified in regulations made by the appropriate person.

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

• (4) A local authority must supply the appropriate person with such information relating to the use of its penalty receipts as the appropriate person may require.

• (5) The appropriate person may by regulations—

• (a) make provision for what a local authority is to do with its penalty receipts—

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

• (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 local authority'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 appropriate person) other than the local authority.

• (7) Before making regulations under this section the appropriate person must consult—

• (a) the local authorities to which the regulations are to apply, and

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

• (8) The powers to make regulations conferred by this section are, for the purposes of subsection (1) of section 100 of the Local Government Act 2003 (c. 26), to be regarded as included among the powers mentioned in subsection (2) of that section.

Fixed penalty notices: power to require name and address

76

• (1) If an authorised officer of a local authority proposes to give a person a notice under section 73, the officer may require the person to give him his name and address.

• (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.

• (4) “Authorised officer” has the meaning given in section 73.

Powers in relation to alarms

Power of entry

77

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

• (2) The conditions are—

• (a) that the alarm has been sounding continuously for more than twenty 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 his authority to act under this section.

• (6) In this section—

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

• “nominated key-holder”, in respect of premises in the area of a local authority, means a person in respect of whom the authority has received notification in accordance with section 71(2)(b).

Warrant to enter premises by force

78

• (1) This section applies if, on an application made by an authorised officer of a local authority, a justice of the peace is satisfied—

• (a) that the conditions in section 77(2)(a) and (b) are met in relation to an audible intruder alarm installed in or on premises in the area of the local authority,

• (b) if the premises are in an alarm notification area, that the condition in section 77(2)(c) is met, and

• (c) that the officer is unable to gain entry to the premises without the use of force.

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

• (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 77.

Powers of entry: supplementary

79

• (1) This section applies where an officer of a local authority enters any premises under section 77 or under a warrant issued under section 78.

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

• (3) The officer may take with him—

• (a) such other persons, and

• (b) such equipment,

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

• (4) The officer and any person who enters the premises with him by virtue of subsection (3) must not cause more damage to or disturbance at the premises than is necessary for the purpose of silencing the alarm.

• (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 77 or 78;

• (b) leave the premises (so far as is reasonably practicable) as effectively secured against entry as he 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 local authority in connection with entering the premises, silencing the alarm and complying with subsection (5) may be recovered by the authority from the responsible person.

• (8) A warrant under section 78 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 local authority or by an officer of or another person authorised by a local authority, if done in good faith for the purposes of section 77, 78 or this section, is to subject the authority or any of those persons personally to any action, liability, claim or demand.

Supplementary

Orders and regulations

80

• (1) This section applies to a power conferred on the appropriate person under any provision of this Chapter to make an order or regulations.

• (2) The power includes—

• (a) power to make different provision for different purposes (including different provision for different local authorities and descriptions of local authority);

• (b) power to make consequential, supplementary, incidental, transitional and saving provision.

• (3) The power is exercisable by statutory instrument.

• (4) A statutory instrument containing an order or regulations made by the Secretary of State under any provision of this Chapter is subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

81

• (1) In this Chapter—

• “alarm notification area” means an area in respect of which a designation under section 69 has effect;

• “the appropriate person” is—in relation to a local authority in England, the Secretary of State;in relation to a local authority in Wales, the National Assembly for Wales;

• “local authority” means—a district council in England;a county council in England for an area for which there is no district council;a London borough council;the Common Council of the City of London;the Council of the Isles of Scilly;a county or county borough council in Wales;

• “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

• (c) the person is doing so by virtue of a licence granted for less than four weeks.

Chapter 2 — General

Noise from premises

Noise offences: fixed penalty notices

82

• (1) In section 8 of the Noise Act 1996 (c. 37) (fixed penalty notices), 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 local authority in pursuance of a notice under section 8. (2) The amount of the fixed penalty— (a) is the amount specified by the local authority in relation to the authority's area, or (b) if no amount is so specified, is £100. (3) The local authority may make provision for treating the fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by the authority. (4) The appropriate person may by regulations make provision in connection with the powers conferred on local authorities 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 local authority can make provision under subsection (3). (6) The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (2)(b). (8B) (1) If an officer of a local authority who is authorised for the purposes of section 8 proposes to give a person a fixed penalty notice, the officer may require the person to give him his name and address. (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.

Noise offences: use of fixed penalty receipts

83

• (1) Section 9 of the Noise Act 1996 (c. 37) (fixed penalty notices: supplementary) is amended as follows.

• (2) In subsection (4A) (qualifying functions for the use of penalty receipts), omit “and” at the end of paragraph (a) and after that paragraph insert—

(aa) functions under Chapter 1 of Part 7 of the Clean Neighbourhoods and Environment Act 2005; (ab) functions under sections 79 to 82 of the Environmental Protection Act 1990 (statutory nuisances) in connection with statutory nuisances falling with section 79(1)(g) or (ga) (noise) of that Act;

.

• (3) After subsection (4F) insert—

(4G) The powers to make regulations conferred by this section are, for the purposes of subsection (1) of section 100 of the Local Government Act 2003, to be regarded as included among the powers mentioned in subsection (2) of that section. (4H) Regulations under this section relating to local authorities in England may— (a) make provision in relation to— (i) all local authorities, (ii) particular local authorities, or (iii) particular descriptions of local authority; (b) make different provision in relation to different local authorities or descriptions of local authority.

Extension of Noise Act 1996 to licensed premises etc

84

Schedule 1 (which makes provision amending the Noise Act 1996 (c. 37) so that it applies to licensed premises etc) has effect.

Noise Act 1996: supplementary

85

• (1) Section 11 of the Noise Act 1996 (interpretation and subordinate legislation) is amended as follows.

• (2) After subsection (2) insert—

(2A) In this Act “appropriate person” means— (a) the Secretary of State, in relation to England; (b) the National Assembly for Wales, in relation to Wales.

• (3) In subsection (3), after “section 14” insert “ or an order or regulations made solely by the National Assembly for Wales ”.

Statutory noise nuisances

Deferral of duty to serve abatement notice

86

In section 80 of the Environmental Protection Act 1990 (c. 43) (summary proceedings for statutory nuisances), at the beginning of subsection (1) insert “ Subject to subsection (2A) ” and after subsection (2) insert—

(2A) Where a local authority is satisfied that a statutory nuisance falling within paragraph (g) of section 79(1) above exists, or is likely to occur or recur, in the area of the authority, the authority shall— (a) serve an abatement notice in respect of the nuisance in accordance with subsections (1) and (2) above; 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. (2B) If a local authority has taken steps under subsection (2A)(b) above and either of the conditions in subsection (2C) below is satisfied, the authority shall serve an abatement notice in respect of the nuisance. (2C) The conditions are— (a) that the authority 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 authority 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 area of the authority. (2D) The relevant period is the period of seven days starting with the day on which the authority was first satisfied that the nuisance existed, or was likely to occur or recur. (2E) The appropriate person is the person on whom the authority would otherwise be required under subsection (2A)(a) above to serve an abatement notice in respect of the nuisance.

Part 8 — Architecture and the built environment

Commission for Architecture and the Built Environment

The Commission for Architecture and the Built Environment

87

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General functions of the Commission

88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Changes to functions of the Commission

89

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to dissolve the Commission

90

• (1) The Secretary of State may by order make provision for the dissolution of the Commission.

• (2) An order under this section may, in particular—

• (a) provide for the transfer of the property, rights or liabilities of the Commission to another person;

• (b) make provision enabling a person to receive anything transferred under paragraph (a) (despite any provision which would otherwise prevent, penalise or restrict it);

• (c) provide for the transfer of some or all of the functions of the Commission to another person;

• (d) establish a body corporate;

• (e) provide for anything done by or in relation to the Commission to have effect as if done by or in relation to another person;

• (f) permit anything (which may include legal proceedings) which is in the process of being done by or in relation to the Commission when a transfer takes effect, to be continued by or in relation to another person;

• (g) provide for a reference to the Commission in an enactment, instrument or other document to be treated as a reference to another person.

• (3) The Secretary of State may not make an order under this section providing for the transfer of property, rights, liabilities or functions to a person unless the person has consented to the transfer.

• (4) An order under this section which transfers rights and liabilities relating to employees of the Commission must make provision for the Transfer of Undertakings (Protection of Employment) Regulations 2006 to apply to that transfer.

Dissolution of the old Commission

91

• (1) The company limited by guarantee with registered number 3831652 and the company name “Commission for Architecture and the Built Environment” (in this Part referred to as “the old Commission”) is dissolved.

• (2) The Secretary of State must inform the registrar of companies of the dissolution of the old Commission before the end of the period of seven days starting on the day on which this section comes into force.

• (3) On being informed of the dissolution of the old Commission, the registrar of companies must strike the name of the old Commission off the register of companies.

• (4) “The registrar of companies” has the meaning given in section 744 of the Companies Act 1985 (c. 6).

Transfer of staff, property etc

92

Schedule 3 (which provides for the transfer of staff, property, rights and liabilities from the old Commission to the Commission) has effect.

Tax

93

• (1) For the purposes of any enactment about income tax or corporation tax, the Commission and the old Commission are to be treated as the same person.

• (2) In particular, the transfers effected by paragraphs 1 and 3 of Schedule 3 are to be disregarded for those purposes.

• (3) Accordingly, those transfers are not to be regarded for the purposes of Schedule 29 to the Finance Act 2002 (c. 23) (gains and losses from intangible fixed assets) as involving any realisation of an asset by the old Commission or acquisition of an asset by the Commission.

• (4) No transfer effected by paragraph 3 of Schedule 3 is to give rise to any liability to stamp duty or stamp duty land tax.

Financial assistance

Architecture and the built environment: financial assistance

94

• (1) The Secretary of State may give financial assistance to a person for a purpose which appears to the Secretary of State to be connected with the promotion of education or high standards in, or understanding or appreciation of—

• (a) architecture, or

• (b) the design, management or maintenance of the built environment.

• (2) Financial assistance under this section may be given in such form as the Secretary of State thinks fit and in particular may be given by—

• (a) making grants (whether or not repayable) or loans;

• (b) giving guarantees;

• (c) incurring expenditure;

• (d) providing services, staff or equipment.

• (3) Financial assistance under this section may be given subject to conditions imposed by the Secretary of State or the Treasury.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) “The built environment” includes—

• (a) any structure or area built or designed for human use (such as squares, parks and recreation areas);

• (b) any area available for public use which is in the vicinity of such a structure or within or in the vicinity of such an area.

Supplementary

Orders

95

• (1) This section applies to a power to make an order conferred on the Secretary of State by any provision of this Part.

• (2) The power includes—

• (a) power to make different provision for different purposes;

• (b) power to make consequential, supplementary, incidental, transitional and saving provision.

• (3) The power is exercisable by statutory instrument.

• (4) ... , the Secretary of State may not make a statutory instrument containing an order under this Part unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 9 — Miscellaneous

Use of fixed penalty receipts

Use of fixed penalty receipts: higher tier authorities

96

• (1) This section applies in relation to—

• (a) amounts paid to an authority in Wales, other than a parish or community council, in pursuance of notices under sections 88 and 94A of and paragraph 7 of Schedule 3A to the Environmental Protection Act 1990 (c. 43);

• (b) amounts paid to an authority in Wales, other than a parish or community council, in pursuance of notices under section 43(1) of the Anti-social Behaviour Act 2003 (c. 38);

• (c) amounts paid to a primary authority, within the meaning of Chapter 1 of Part 6 above, in pursuance of notices under section 59 above.

• (2) The amounts to which this section applies which are paid to an authority are in this section called the authority's “fixed penalty receipts”.

• (3) An authority may use its fixed penalty receipts only for the purposes of qualifying functions of the authority.

• (4) For the purposes of this section the “qualifying functions” of an authority are—

• (a) its functions under Part 4 of the Environmental Protection Act 1990;

• (b) its functions under section 43 of the Anti-social Behaviour Act 2003;

• (c) its functions under Chapter 1 of Part 6 above; and

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

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

• (6) An authority must supply the Welsh Ministers with such information relating to its fixed penalty receipts as the Welsh Ministers may require.

• (7) The Welsh Ministers may by regulations—

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

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

• (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 an authority'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 Welsh Ministers) other than the authority.

• (9) Before making regulations under this section, the Welsh Ministers must consult—

• (a) the authorities to which the regulations are to apply;

• (b) such other persons as the Welsh Ministers think fit.

• (10) The powers to make regulations conferred by this section are, for the purposes of subsection (1) of section 100 of the Local Government Act 2003 (c. 26), to be regarded as included among the powers mentioned in subsection (2) of that section.

Use of fixed penalty receipts: lower tier authorities

97

• (1) The appropriate person must by regulations make provision relating to—

• (a) the use by a parish or community council of amounts received by it in pursuance of notices under—

• (i) section 88 of the Environmental Protection Act 1990 (c. 43);

• (ii) section 43(1) of the Anti-social Behaviour Act 2003 (c. 38); and

• (iii) section 59 above; and

• (b) the use by a person or body designated under section 58(3) above as a secondary authority for the purposes of Chapter 1 of Part 6 above of amounts received by that person or body in pursuance of notices under section 59 above.

• (2) Regulations under this section may in particular include provision requiring a parish or community council or a person or body referred to in subsection (1)(b)—

• (a) to use the amounts received as specified in subsection (1) only for the purpose of such of its functions as may be specified in the regulations;

• (b) to pay sums in respect of those amounts to another person (including the appropriate person);

• (c) to supply information in relation to those amounts to the appropriate person;

• (d) to adopt such accounting arrangements in respect of those amounts as may be specified in the regulations.

• (3) Regulations under this section may include provision framed by reference to performance categories conferred on a parish or community council by such person as may be specified in the regulations.

Sections 96 and 97: supplementary

98

• (1) In section 97, “appropriate person” means—

• (a) the Secretary of State, in relation to England;

• (b) the National Assembly for Wales, in relation to Wales.

• (2) The powers to make regulations conferred by sections 95A, 96 and 97 include—

• (a) power to make different provision for different purposes (including different provision for different authorities or different descriptions of authority);

• (b) power to make consequential, supplementary, incidental and transitional provision and savings.

• (3) Regulations under sections 95A, 96 and 97 must be made by statutory instrument.

• (4) The Secretary of State may not make a statutory instrument containing regulations under section 95A or 97 unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Shopping and luggage trolleys

Abandoned shopping and luggage trolleys

99

• (1) Schedule 4 to the Environmental Protection Act 1990 (c. 43) is amended as follows.

• (2) In paragraph 3(2) (retention, return and disposal of trolleys: notice to owner) for “seized or removed” substitute “ seized and removed ”.

• (3) After paragraph 3 insert—

(3A) (1) This paragraph applies where the local authority is entitled to sell or otherwise dispose of a shopping or luggage trolley in accordance with paragraph 3(1)(b). (2) If it appears to the authority that a particular person is the owner of the trolley, the authority may charge him a sum in respect of the removal, storage and disposal of the trolley. (3) The charge is payable to the authority on demand. (4) The sum payable as a charge under this paragraph is recoverable by the authority as a debt due to it. (5) In proceedings against a person under sub-paragraph (4) for enforcement of a charge, it is a defence for the person to prove that he was not the owner of the trolley to which the charge relates at the time it was removed.

• (4) In paragraph 4 (charges)—

• (a) in sub-paragraph (1)—

• (i) for the words from “in fixing” to “sufficient” substitute “ in fixing the charges to be paid under this Schedule, shall secure that the charges so payable are such as are sufficient ”, and

• (ii) for “such trolleys” substitute “ shopping or luggage trolleys ”, and

• (b) in sub-paragraph (2), after “paragraph 3” insert “ or 3A ”.

Section 99: transitional provision

100

• (1) This section applies if, before the commencement date, a local authority in England and Wales has resolved under section 99 of the Environmental Protection Act 1990 that Schedule 4 to that Act is to apply in its area.

• (2) If the day specified in the resolution for the coming into force of Schedule 4 in the authority's area falls on or after the commencement date, the resolution is to be of no effect.

• (3) If Schedule 4 applies in the authority's area immediately before the commencement date, the Schedule is to continue to apply in the authority's area on and after the commencement date as it applied before that date.

• (4) But Schedule 4 shall not so apply in relation to any shopping or luggage trolley seized by the authority on or after the relevant day.

• (5) For the purposes of subsection (4) the relevant day is the earlier of—

• (a) the third anniversary of the commencement date;

• (b) if the authority resolves under section 99 of the Environmental Protection Act 1990 (c. 43) that Schedule 4 (as amended by section 99 of this Act) is to apply in its area, the day specified in the resolution as the day on which the Schedule (as so amended) comes into force in its area.

• (6) So long as Schedule 4 continues to apply as described in subsection (3), the reference in section 99(4) of the Environmental Protection Act 1990 to Schedule 4 is to be treated as including a reference to Schedule 4 as it so applies.

• (7) If the authority resolves under section 99 that Schedule 4 (as amended by section 99 of this Act) is to apply in its area, the authority may not in giving effect to paragraph 4(1) of Schedule 4 (as so amended) take into account charges payable in relation to shopping or luggage trolleys seized before the Schedule (as so amended) comes into force in its area.

• (8) Nothing in this section prevents the authority from bringing to an end the application of Schedule 4 in its area.

• (9) In this section—

• “the commencement date” is the day on which section 99 of this Act comes into force;

• “local authority” has the same meaning as in section 99 of the Environmental Protection Act 1990;

• “luggage trolley” and “shopping trolley” have the same meaning as in Schedule 4 to that Act.

Statutory nuisances

Statutory nuisance: insects

101

• (1) Section 79 of the Environmental Protection Act 1990 (statutory nuisances and inspections) is amended as follows.

• (2) In subsection (1) (matters constituting statutory nuisances) after paragraph (f) insert—

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

.

• (3) After subsection (5) insert—

(5A) Subsection (1)(fa) does not apply to insects that are wild animals included in Schedule 5 to the Wildlife and Countryside Act 1981 (animals which are protected), unless they are included in respect of section 9(5) of that Act only.

• (4) In subsection (7) at the appropriate place insert—

“appropriate person” means— (a) in relation to England, the Secretary of State; (b) in relation to Wales, the National Assembly for Wales;

.

• (5) After subsection (7B) (as inserted by section 102(6)) insert—