Legalize / United Kingdom / Public General Act

Clean Neighbourhoods and Environment Act 2005

Type Public General Act

Publication 2005-04-07

Last updated 2024-04-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(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

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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

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(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;

(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

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Dog control orders: supplementary

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Land to which Chapter 1 applies

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Primary and secondary authorities

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Fixed penalty notices

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Amount of fixed penalties

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Power to require name and address

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Community support officers etc

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Supplementary

Overlapping powers

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Byelaws

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Dogs (Fouling of Land) Act 1996

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

General

“Appropriate person”

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Regulations and orders

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Chapter 2 — Stray dogs

Termination of police responsibility for stray dogs

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(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

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(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

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(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

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(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

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(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;

(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

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(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

(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

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(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

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(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

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(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

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(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

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(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

(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

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(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

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(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

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(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

Chapter 2 — General

Noise from premises

Noise offences: fixed penalty notices

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(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

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(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

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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

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(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

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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

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General functions of the Commission

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Changes to functions of the Commission

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Power to dissolve the Commission

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(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);

(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

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(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;

(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;

(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);

(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—

(7C) In this Part “relevant industrial, trade or business premises” means premises that are industrial, trade or business premises as defined in subsection (7), but excluding— (a) land used as arable, grazing, meadow or pasture land, (b) land used as osier land, reed beds or woodland, (c) land used for market gardens, nursery grounds or orchards, (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 appropriate person, and (e) land included in a site of special scientific interest (as defined in section 52(1) of the Wildlife and Countryside Act 1981), and excluding land covered by, and the waters of, any river or watercourse, that is neither a sewer nor a drain, or any lake or pond. (7D) For the purposes of subsection (7C)— “agricultural” has the same meaning as in section 109 of the Agriculture Act 1947; “agricultural unit” means land which is occupied as a unit for agricultural purposes; “drain” has the same meaning as in the Water Resources Act 1991; “lake or pond” has the same meaning as in section 104 of that Act; “sewer” has the same meaning as in that Act.

Statutory nuisance: lighting

102

(1) Section 79 of the Environmental Protection Act 1990 (c. 43) is amended as follows.

(2) In subsection (1) (matters constituting statutory nuisances) after paragraph (fa) (as inserted by section 101 (2)) insert—

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

(3) In subsection (2) (exception from subsection (1)(b) and (g) for premises occupied for defence purposes) after “Subsection (1)(b)” insert “ , (fb) ”.

(4) After subsection (5A) (as inserted by section 101 (3)) insert—

(5B) Subsection (1)(fb) does not apply to artificial light emitted from— (a) an airport; (b) harbour premises; (c) railway premises, not being relevant separate railway premises; (d) tramway premises; (e) a bus station and any associated facilities; (f) a public service vehicle operating centre; (g) a goods vehicle operating centre; (h) a lighthouse; (i) a prison.

(5) In subsection (7) (definitions) at the appropriate place insert—

“airport” has the meaning given by section 95 of the Transport Act 2000;

;

“associated facilities”, in relation to a bus station, has the meaning given by section 83 of the Transport Act 1985;

;

“bus station” has the meaning given by section 83 of the Transport Act 1985;

;

“goods vehicle operating centre”, in relation to vehicles used under an operator's licence, means a place which is specified in the licence as an operating centre for those vehicles, and for the purposes of this definition “operating centre” and “operator's licence” have the same meaning as in the Goods Vehicles (Licensing of Operators) Act 1995;

;

“harbour premises” means premises which form part of a harbour area and which are occupied wholly or mainly for the purposes of harbour operations, and for the purposes of this definition “harbour area” and “harbour operations” have the same meaning as in Part 3 of the Aviation and Maritime Security Act 1990;

;

“lighthouse” has the same meaning as in Part 8 of the Merchant Shipping Act 1995;

;

“prison” includes a young offender institution;

;

“public service vehicle operating centre”, in relation to public service vehicles used under a PSV operator's licence, means a place which is an operating centre of those vehicles, and for the purposes of this definition “operating centre”, “PSV operator's licence” and “public service vehicle” have the same meaning as in the Public Passenger Vehicles Act 1981;

;

“railway premises” means any premises which fall within the definition of “light maintenance depot”, “network”, “station” or “track” in section 83 of the Railways Act 1993;

;

“relevant separate railway premises” has the meaning given by subsection (7A);

;

“tramway premises” means any premises which, in relation to a tramway, are the equivalent of the premises which, in relation to a railway, fall within the definition of “light maintenance depot”, “network”, “station” or “track” in section 83 of the Railways Act 1993;

(6) After subsection (7) insert—

(7A) Railway premises are relevant separate railway premises if— (a) they are situated within— (i) premises used as a museum or other place of cultural, scientific or historical interest, or (ii) premises used for the purposes of a funfair or other entertainment, recreation or amusement, and (b) they are not associated with any other railway premises. (7B) For the purposes of subsection (7A)— (a) a network situated as described in subsection (7A)(a) is associated with other railway premises if it is connected to another network (not being a network situated as described in subsection (7A)(a)); (b) track that is situated as described in subsection (7A)(a) but is not part of a network is associated with other railway premises if it is connected to track that forms part of a network (not being a network situated as described in subsection (7A)(a)); (c) a station or light maintenance depot situated as described in subsection (7A)(a) is associated with other railway premises if it is used in connection with the provision of railway services other than services provided wholly within the premises where it is situated. In this subsection “light maintenance depot”, “network”, “railway services”, “station” and “track” have the same meaning as in Part 1 of the Railways Act 1993.

(7) In subsection (8) (port health authority to have functions of local authority under Part 3 of that Act, except those relating to statutory nuisance within section 79(1)(g) or (ga)) after “paragraph” insert “ (fb), ”.

(8) In subsection (10) (consent of Secretary of State or National Assembly for Wales required before taking proceedings for certain statutory nuisances) after “paragraph (b), (d), (e)” insert “ , (fb) ”.

Sections 101 and 102: supplementary

103

(1) The Environmental Protection Act 1990 (c. 43) is amended as follows.

(2) In section 80(8) (summary proceedings for statutory nuisances: defence of best practicable means not available in certain cases)—

(a) in paragraph (a) after “paragraph (a), (d), (e), (f)” insert “ , (fa) ”, and

(b) after paragraph (a) insert—

(aza) in the case of a nuisance falling within paragraph (fb) of section 79(1) above 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;

(3) After section 80(8) insert—

(8A) For the purposes of subsection (8)(aza) 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. (8B) For the purposes of subsection (8A) “relevant sport” means a sport that is designated for those purposes by order made by the Secretary of State, in relation to England, or the National Assembly for Wales, in relation to Wales. A sport may be so designated by reference to its appearing in a list maintained by a body specified in the order. (8C) In subsection (8A) “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.

(4) In section 82(10) (summary proceedings by aggrieved person: defence of best practicable means not available in certain cases)—

(a) in paragraph (a) after “paragraph (a), (d), (e), (f)” insert “ , (fa) ”, and

(b) after paragraph (a) insert—

(aza) in the case of a nuisance falling within paragraph (fb) of section 79(1) above 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;

(5) After section 82(10) insert—

(10A) For the purposes of subsection (10)(aza) “relevant sports facility” has the same meaning as it has for the purposes of section 80(8)(aza).

Pollution

Contaminated land: appeals against remediation notices

104

(1) Section 78L of the Environmental Protection Act 1990 (c. 43) (appeals against remediation notices) is amended as follows.

(2) In subsection (1), for paragraphs (a) and (b) substitute—

(a) if it was served by a local authority in England, or served by the Environment Agency in relation to land in England, to the Secretary of State; (b) if it was served by a local authority in Wales, or served by the Environment Agency in relation to land in Wales, to the National Assembly for Wales;

(3) In that subsection, for the words from “means” to the end substitute “ the Secretary of State or the National Assembly for Wales, as the case may be ”.

(4) In subsection (4)—

(a) omit paragraph (b);

(b) in paragraph (c), omit the words from “or on” to the end.

(5) In subsection (6), omit the words “so far as relating to appeals to the Secretary of State”.

(6) This section does not have effect in relation to a remediation notice served under Part 2A of the Environmental Protection Act 1990 before the commencement of this section.

(7) The power of the Secretary of State and National Assembly for Wales under section 114 of the Environment Act 1995 (c. 25) in relation to appeals under section 78L of the Environmental Protection Act 1990 extends to appeals under that section as amended by this section.

Offences relating to pollution etc: penalties on conviction

105

(1) In paragraph 25 of Schedule 1 to the Pollution Prevention and Control Act 1999 (c. 24) (purposes for which regulations may be made under section 2: offences), in sub-paragraph (2)(a)—

(a) in paragraph (i) for “six months” substitute “ 12 months ”;

(b) in paragraph (ii) for “£20,000” substitute “ £50,000 ”.

(2) Subsection (1)(a) does not have effect in relation to regulations under section 2 of the Pollution Prevention and Control Act 1999 so far as relating to offences committed before 2 May 2022.

Part 10 — General

Minor and consequential amendments

106

Schedule 4 (minor and consequential amendments) has effect.

Repeals

107

Schedule 5 (repeals) has effect.

Commencement

108

(1) The provisions specified in subsection (2) come into force—

(a) in relation to England, in accordance with provision made by order by the Secretary of State; and

(b) in relation to Wales, in accordance with provision so made by the National Assembly for Wales.

(2) The provisions referred to in subsection (1) are—

(a) section 2;

(b) sections 6 to 13 and 15 to 17 and, in Part 1 of Schedule 5, the repeals to the Refuse Disposal (Amenity) Act 1978 (c. 3) and the Road Traffic Regulation Act 1984 (c. 27);

(c) sections 19 to 25, paragraphs 5 to 9 of Schedule 4 and, in Part 2 of Schedule 5, the repeals to the Environmental Protection Act 1990 (c. 43);

(d) sections 28 to 31, paragraphs 14 to 19 of Schedule 4 and, in Part 3 of Schedule 5, the repeals to the Anti-Social Behaviour Act 2003 (c. 38);

(e) section 34 and, in Part 3 of Schedule 5, the repeal to the Town and Country Planning Act 1990 (c. 8);

(f) sections 37 and 38 and, in Part 4 of Schedule 5, the repeal of section 6 of the Control of Pollution (Amendment) Act 1989 (c. 14);

(g) sections 45 and 46;

(h) section 47, paragraph 4 of Schedule 4 and, in Part 4 of Schedule 5, the repeals to the Environmental Protection Act 1990, other than the repeal to section 33 of that Act;

(i) section 48;

(j) section 50;

(k) section 52;

(l) section 53;

(m) Chapter 1 of Part 6 above and Part 5 of Schedule 5;

(n) Part 7 above except sections 83(2) and 85, and in Part 7 of Schedule 5, the repeals to the Noise and Statutory Nuisance Act 1993 (c. 40) and the Noise Act 1996 (c. 37);

(o) sections 96 to 98 and Part 9 of Schedule 5;

(p) sections 99 and 100;

(q) sections 101 to 103;

(r) section 104 and Part 10 of Schedule 5.

(3) These provisions come into force in accordance with provision made by order by the Secretary of State—

(a) section 1;

(b) section 32;

(d) section 49 and paragraph 3 of Schedule 4;

(e) section 68 and Part 6 of Schedule 5;

(f) Part 8 above and Part 8 of Schedule 5;

(g) in Part 1 of Schedule 5, the repeal to section 3 of the London Local Authorities Act 2004 (c. i).

(h) in Part 2 of Schedule 5, the repeals to the London Local Authorities Act 1994 (c. xii) and the City of Newcastle upon Tyne Act 2000 (c. viii);

(i) in Part 3 of Schedule 5, the repeal to the London Local Authorities Act 1995 (c. x);

(j) in Part 7 of Schedule 5, the repeal to the London Local Authorities Act 1991 (c. xiii).

(4) These provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—

(a) sections 3 to 5 and, in Part 1 of Schedule 5, the repeals to the Greater London Council (General Powers) Act 1982 (c i) and section 11 of the London Local Authorities Act 2004 (c. i);

(b) section 18;

(d) section 33 and, in Part 3 of Schedule 5, the repeal to the London Local Authorities Act 2004 (c. i);

(e) sections 35 and 36, and in Part 4 of Schedule 5, the repeals to sections 1 and 2 of the Control of Pollution (Amendment) Act 1989 (c. 14);

(f) section 40 and, in Part 4 of Schedule 5, the repeal to section 33 of the Environmental Protection Act 1990 (c. 43);

(g) section 41;

(h) section 54;

(i) section 83(2);

(j) section 105.

(5) An order under subsection (1) or (3) may make—

(a) transitional, consequential, incidental and supplemental provision, or savings;

(b) different provision for different purposes.

(6) Where a provision of this Act comes into force otherwise than under subsection (1) or (3), the Secretary of State may by order make any transitional, consequential, incidental or supplemental provision, or savings, that he considers necessary or expedient in relation to the coming into force of that provision.

(7) An order under subsection (6) may make different provision for different purposes.

(8) An order under this section is to be made by statutory instrument.

Money

109

There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by the Secretary of State under this Act;

(b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

Extent

110

(1) This Act extends to England and Wales only, subject as follows.

(2) An amendment in Schedule 2 has the same extent as the provision amended.

(3) The repeal in Part 8 of Schedule 5 has the same extent as the provision repealed.

Short title

111

This Act may be cited as the Clean Neighbourhoods and Environment Act 2005.

SCHEDULE 1

1

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

2

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

3

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

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

, or (b) any premises in respect of which a premises licence or a temporary event notice has effect (referred to in this group of sections as “the offending premises”)

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

(4) In subsection (7)—

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

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

(5) After subsection (7) insert—

(7A) In this group of sections— “premises licence” has the same meaning as in the Licensing Act 2003 (c. 17); “temporary event notice” has the same meaning as in the Licensing Act 2003 (and is to be treated as having effect in accordance with section 171(6) of that Act).

4

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

(2) In subsection (1)—

(a) in paragraph (a)(i), after “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 authority 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 premises at a particular time is— (a) where a premises licence has effect in respect of the premises— (i) the person who holds the premises licence if he is present at the premises at that time, (ii) where that person is not present at the premises at that time, the designated premises supervisor under the licence if he is present at the premises at that time, or (iii) where neither of the persons mentioned in sub-paragraphs (i) and (ii) is present at the premises at that time, any other person present at the premises at that time who is in charge of the premises; (b) where a temporary event notice has effect in respect of the premises— (i) the premises user in relation to that notice if he is present at the premises at that time, or (ii) where the premises user is not present at the premises at that time, any other person present at the premises at that time who is in charge of the premises.

5

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

6

After section 4 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

(1) Section 5 (permitted level of noise) is amended as follows.

(2) In subsection (1)—

(a) for “the Secretary of State” substitute “ the appropriate person ”;

(b) after “from any dwelling” insert “ or other premises ”.

(3) In subsection (4), for “The Secretary of State” substitute “ The appropriate person ”.

8

(1) Section 6 (approval of measuring devices) is amended as follows.

(2) In subsection (1), for “the Secretary of State” substitute “ the appropriate person ”.

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

9

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

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

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

11

(1) Section 8A (amount of fixed penalty), as inserted by section 82 of this Act, is amended as follows.

(2) In subsection (2), at the beginning insert “ In the case of an offence under section 4 ”.

(3) After subsection (2) insert—

(2A) In the case of an offence under section 4A the amount of the fixed penalty is £500.

(4) In subsection (3), after “the fixed penalty” insert “ payable in the case of an offence under section 4 ”.

(5) In subsection (6), after “(2)(b)” insert “ or (2A) ”.

12

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

(2) In subsection (1), for “the Secretary of State” substitute “ the appropriate person ”.

(3) 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.

(4) In subsections (4A)(b) and (4C), for each occurrence of “the Secretary of State” substitute “ the appropriate person ”.

(5) In subsection (4D), for “The Secretary of State” substitute “ The appropriate person ”.

(6) In subsections (4E) and (4F), for each occurrence of “the Secretary of State” substitute “ the appropriate person ”.

(7) In subsection (5), after “section 4” insert “ or 4A ”.

13

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

(2) In subsection (1)—

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

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

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

(4) In subsection (4)—

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

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

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

(5) In subsection (5)—

(a) after “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. ”

14

In the Schedule (powers in relation to seized equipment) in paragraph 1(a)(i), after “section 4” insert “ or q4A ”.

SCHEDULE 2

Status

1

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

Membership

2

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

Tenure

3

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

Staff etc

4

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

Committees

5

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

Remuneration etc

6

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

Delegation

7

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

Proceedings

8

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

Accounts

9

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

Annual report

10

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

Instruments and authentication

11

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

Records

12

In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public records), at the appropriate place in Part 2 of the Table at the end of paragraph 3 insert— “ Commission for Architecture and the Built Environment. ”

Disqualification

13

In the House of Commons Disqualification Act 1975 (c. 24), in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate place insert— “ Commission for Architecture and the Built Environment. ”

Transitional provisions

14

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

Interpretation

15

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

SCHEDULE 3

Transfer of staff

1

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

2

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

Transfer of property, rights and liabilities

3

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

4

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

5

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

6

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

7

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

8

So far as is necessary or appropriate in consequence of paragraph 3, on and after the appointed day a reference to the old Commission in an enactment, instrument or other document is to be treated as a reference to the Commission.

The appointed day

9

The appointed day is the day on which section 92 comes into force.

SCHEDULE 4

Highways Act 1980 (c. 66)

1

In section 325 of the Highways Act 1980, in subsection (2)(a), after “subsection (2A) below” insert “ or regulations made by the National Assembly for Wales under Part 8A ”.

Environmental Protection Act 1990 (c. 43)

2

The Environmental Protection Act 1990 is amended as follows.

3

(1) Section 52 is amended as follows.

(2) After subsection (4) insert—

(4A) The Secretary of State may by regulations impose on waste disposal authorities in England a duty to make payments corresponding to the payments which are authorised by subsection (3)(a) above to such persons in such circumstances and in respect of such descriptions or quantities of waste as are specified in the regulations.

(3) In subsection (5)—

(a) after “authorities” insert “ in Wales ”; and

(b) for “subsection (3)” substitute “ subsection (3)(b) ”.

(4) In subsection (6), for “subsections (1), (3)” substitute “ subsections (1)(b), (3)(b) ”.

(5) In subsection (7), for “subsections (2) and (4)” substitute “ subsections (2)(b) and (4)(b) ”.

(6) In subsection (8), for “subsections (1), (2), (3), (4)” substitute “ subsections (1)(b), (2)(b), (3)(b), (4)(b) ”.

4

In section 60(1)—

(a) in paragraph (a), for the words from “a waste disposal contractor” to the end substitute “ or under arrangements made with a waste disposal authority or by any other local authority or person ”;

(b) in paragraph (b), for the words from “a waste disposal contractor” to the end substitute “ or under arrangements made with a waste disposal authority, by a parish or community council or by a holder of a waste management licence; or ”.

5

In section 89(1), at the end of paragraph (e) insert “ and ”.

6

In section 91(1), at the end of paragraph (e) insert “ or ”.

7

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

8

In section 95(1), after paragraph (b) insert

and (c) all orders made by the authority under paragraph 2(1) of Schedule 3A.

9

In section 96(1)(b), after “section 92(9)” insert “ or 92C(3) ”.

10

(1) Section 161 is amended as follows.

(2) In subsection (1) after “Secretary of State” insert “ , National Assembly for Wales ”.

(3) After subsection (2), insert—

(2A) Subsection (2) does not apply to a statutory instrument made solely by the National Assembly for Wales.

(4) In subsection (4), at the end insert

or (c) which is made solely by the National Assembly for Wales.

Control of Pollution (Amendment) Act 1989 (c. 14)

11

(1) Section 8 of the Control of Pollution (Amendment) Act 1989 is amended as follows.

(2) In subsection (1), after “regulations” insert “ or orders ”.

(3) After that subsection insert—

(1A) The powers of the National Assembly for Wales to make regulations or orders under sections 5 to 5C above are exercisable by statutory instrument.

(4) In subsection (2)—

(a) after “Regulations” insert “ or orders ”;

(b) in paragraph (a) for “Secretary of State” substitute “ person making the regulations or order ”.

12

The Anti-social Behaviour Act 2003 is amended as follows.

13

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

14

In section 45, for subsection (1) substitute—

(1) The fixed penalty payable in pursuance of a notice under section 43(1) is payable to the local authority whose authorised officer gave the notice.

15

In section 47(1), after “sections 43” insert “ to 43B ”.

16

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

17

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

18

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

19

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

SCHEDULE 5

Part 1 — Vehicles

Part 2 — Litter and refuse

Part 3 — Graffiti and other defacement

Part 4 — Waste

Part 5 — Dog controls

Part 6 — Stray dogs

Part 7 — Noise

Part 8 — Architecture and the built environment

Part 9 — Use of fixed penalty receipts

Part 10 — Contaminated land

Gating orders

Exposing vehicles for sale on a road

Guidance

Extension of litter offence to all open places

Litter clearing notices

Fixed penalty notices: amount of fixed penalty

Street litter control notices

Removal of placards and posters

Fixed penalty notices: amount of fixed penalty

Unregistered transport: defence of acting under employer's instructions

Registration requirements and conditions

Unregistered transport: defence of acting under employer's instructions

Registration requirements and conditions

Enforcement powers

Investigation and enforcement costs

Site waste management plans

Power to make dog control orders

Power to require owner of land to remove waste

“Appropriate person”

Extension of Noise Act 1996 to licensed premises etc

Deferral of duty to serve abatement notice

Overlapping powers

Use of fixed penalty receipts: higher tier authorities in England

Extension of Noise Act 1996 to licensed premises etc

Deferral of duty to serve abatement notice

Statutory nuisance: lighting

Use of fixed penalty receipts: higher tier authorities

Section 99: transitional provision

Statutory nuisance: lighting

Sections 101 and 102: supplementary

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