Part 1 E+WCrime and disorder

F22Gating ordersE+W

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

Part 2 E+WVehicles

Nuisance parking offencesE+W

3Exposing vehicles for sale on a roadE+W

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

(a)he leaves two or more motor vehicles parked within 500 metres of each other on a road or roads where they are exposed or advertised for sale, or

(b)he causes two or more motor vehicles to be so left.

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

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

(4)In this section—

• “motor vehicle” has the same meaning as in the Refuse Disposal (Amenity) Act 1978 (c. 3);

• “road” has the same meaning as in the Road Traffic Regulation Act 1984 (c. 27).

4Repairing vehicles on a roadE+W

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

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

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

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

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

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

(b)for gain or reward.

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

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

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

(b)were carried out within 72 hours of the accident or breakdown or were within that period authorised to be carried out at a later time by the local authority for the area.

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

(7)In this section—

• “motor vehicle” has the same meaning as in the Refuse Disposal (Amenity) Act 1978;

• “road” has the same meaning as in the Road Traffic Regulation Act 1984;

• “local authority” has the meaning given in section 9.

5Liability of directors etcE+W

(1)Where an offence under section 3 or 4 committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a)any director, manager, secretary or other similar officer of the body corporate, or

(b)a person who was purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2)Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body.

Nuisance parking offences: fixed penalty noticesE+W

6Power to give fixed penalty noticesE+W

(1)Where on any occasion an authorised officer of a local authority has reason to believe that a person has committed an offence under section 3 or 4 in the area of that authority, the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty to the local authority.

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

(a)no proceedings may be instituted for that offence before the expiration of the period of 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.

(3)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.

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

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

(b)the amount of the fixed penalty; and

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

(5)Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (4)(c) at the address so mentioned.

(6)Where a letter is sent in accordance with subsection (5) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

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

(8)The fixed penalty payable to a local authority under this section is, subject to subsection (9), £100.

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

(10)The local authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority.

(11)The appropriate person may by regulations restrict the extent to which, and the circumstances in which, a local authority may make provision under subsection (10).

(12)In any proceedings a certificate which—

(a)purports to be signed on behalf of the chief finance officer of the 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.

(13)In this section “chief finance officer”, in relation to a local authority, means the person having responsibility for the financial affairs of the authority.

7Power to require name and addressE+W

(1)If an authorised officer of a local authority proposes to give a person a notice under section 6, the officer may require the person to give him his name and address.

(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.

8Use of fixed penalty receiptsE+W

(1)This section applies in relation to amounts paid to a local authority in pursuance of notices under section 6 (its “fixed penalty receipts”).

(2)A local authority may use its fixed penalty receipts only for the purposes of—

(a)its functions under the Refuse Disposal (Amenity) Act 1978 (c. 3);

(b)its functions under sections 99 to 102 of the Road Traffic Regulation Act 1984 (c. 27);

(c)its functions relating to the enforcement of sections 3 and 4;

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

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

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

(5)The appropriate person may by regulations—

(a)make provision for what a local 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);

(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 fixed penalty receipts.

(6)The provision that may be made under subsection (5)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the appropriate person) other than the authority.

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

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

(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.

9Fixed penalty notices: supplementaryE+W

(1)For the purposes of this section, “this group of sections” means sections 6 to 8 and this section.

(2)In this group of sections—

• “local authority” means—

  (a)

  a district council in England;

  (b)

  a county council in England for an area for which there is no district council;

  (c)

  a London borough council;

  (d)

  the Common Council of the City of London;

  (e)

  the Council of the Isles of Scilly;

  (f)

  a county or county borough council in Wales;

• “appropriate person” means—

  (a)

  in relation to England, the Secretary of State;

  (b)

  in relation to Wales, the National Assembly for Wales;

• “authorised officer”, in relation to a local authority, means an employee of the authority who is authorised in writing by the authority for the purposes of giving notices under section 6.

(3)Any order or regulations under this group of sections must be made by statutory instrument.

(4)Any such order or regulations may make different provision for different purposes (including different provision in relation to different authorities or different descriptions of authority).

(5)A statutory instrument containing an order or regulations made by the Secretary of State under this group of sections is subject to annulment in pursuance of a resolution of either House of Parliament.

Abandoned vehiclesE+W

10Offence of abandoning a vehicle: fixed penalty noticesE+W

In the Refuse Disposal (Amenity) Act 1978 (c. 3), after section 2 (offence of unauthorised abandonment of vehicles etc) insert—

“2AFixed penalty notices for offence of abandoning vehicles

(1)Where on any occasion it appears to an authorised officer of a local authority that a person has committed an offence under section 2(1)(a) above in the area of that authority, the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the authority.

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

(a)no proceedings may be instituted for that offence before the expiration of the period of 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.

(3)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.

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

(a)the period during which, by virtue of subsection (2) 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.

(5)Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (4)(c) above at the address so mentioned.

(6)Where a letter is sent in accordance with subsection (5) 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.

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

(8)The fixed penalty payable to a local authority under this section is, subject to subsection (9) below, £200.

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

(10)The local authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority.

(11)The appropriate person may by regulations restrict the extent to which, and the circumstances in which, a local authority may make provision under subsection (10) above.

(12)An order or regulations under this section may make different provision for different purposes and in relation to different areas.

(13)In any proceedings a certificate which—

(a)purports to be signed on behalf of the chief finance officer of the 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.

(14)In this section—

• “authorised officer”, in relation to a local authority, means an employee of the authority who is authorised in writing by the authority for the purposes of giving notices under this section;

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

2BFixed penalty notices: power to require name and address

(1)If an authorised officer of a local authority proposes to give a person a notice under section 2A above, 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) above, 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) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)In this section “authorised officer” has the same meaning as in section 2A above.

2CUse of fixed penalties under section 2A

(1)This section applies in relation to amounts paid to a local authority in pursuance of notices under section 2A above (its “fixed penalty receipts”).

(2)A local authority may use its fixed penalty receipts only for the purposes of—

(a)its functions under this Act;

(b)its functions under sections 99 to 102 of the Road Traffic Regulation Act 1984;

(c)its functions relating to the enforcement of sections 3 and 4 of the Clean Neighbourhoods and Environment Act 2005; and

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

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

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

(5)The appropriate person may by regulations—

(a)make provision for what a local 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 local 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 authority.

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

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

(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, to be regarded as included among the powers mentioned in subsection (2) of that section.”

11Notice of removalE+W

(1)Section 3 of the Refuse Disposal (Amenity) Act 1978 (c. 3) (removal of abandoned vehicles) is amended as follows.

(2)After subsection (2) (requirement to give notice to occupier) insert—

“(2A)Subsection (2) does not apply where the vehicle is abandoned on a road (within the meaning of the Road Traffic Regulation Act 1984).”

(3)Omit subsection (5) (requirement to give notice of removal of vehicle which ought to be destroyed).

12DisposalE+W

(1)Section 4(1) of the Refuse Disposal (Amenity) Act 1978 (disposal of abandoned vehicles) is amended as follows.

(2)For paragraphs (a) and (b) substitute—

“(a)in the case of a vehicle which in the opinion of the authority is in such a condition that it ought to be destroyed, at any time after its removal;

(b)in the case of a vehicle, not falling within paragraph (a), which—

(i)does not display a licence (whether current or otherwise and whether or not the vehicle is required to display a licence), and

(ii)does not display any registration mark (whether indicating registration within or outside the United Kingdom),

at any time after its removal;”.

(3)Omit the words from “but not earlier” to the end.

(4)In section 11(1) of that Act (interpretation), in the definition of “licence”, at the end insert “ (including a nil licence within the meaning of that Act) ”.

13GuidanceE+W

In the Refuse Disposal (Amenity) Act 1978 (c. 3), after section 4 insert—

“4AGuidance

Any authority on whom functions are conferred under section 3 or 4 above must, in exercising those functions, have regard to any guidance given to the authority for the purpose by the appropriate person.”

14Abandoned vehicles: supplementaryE+W

(1)The Refuse Disposal (Amenity) Act 1978 is amended as follows.

(2)In section 10(5), after “except” insert—

“(za)an order or regulations under section 2A above, or regulations under section 2C above, made by the National Assembly for Wales; or”.

(3)In section 11(1), after “that is to say—” insert—

““appropriate person” means—

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

(b)in relation to a local authority in Wales, the National Assembly for Wales;”.

Illegally parked vehicles etcE+W

15Notice of removalE+W

(1)Section 99 of the Road Traffic Regulation Act 1984 (c. 27) (removal of vehicles) is amended as follows.

(2)In subsection (3) (requirement to give notice of removal to occupier), after “land” insert “ other than a road ”.

(3)Omit subsection (4) (requirement to give notice of removal of vehicle which ought to be destroyed).

16DisposalE+W

(1)Section 101 of the Road Traffic Regulation Act 1984 (c. 27) (ultimate disposal of removed vehicles) is amended as follows.

(2)In subsection (3), in paragraph (a), omit the words from “and on which” to “at the time of its removal”.

(3)In that subsection, for paragraph (b) substitute—

“(b)in the case of a vehicle, not falling within paragraph (a), which—

(i)does not display a licence (whether current or otherwise and whether or not the vehicle is required to display a licence), and

(ii)does not display any registration mark (whether indicating registration within or outside the United Kingdom),

at any time after its removal;”.

(4)In that subsection, omit the words from “but, in a case” to the end.

(5)In subsection (8), in the definition of “licence”, at the end insert “ (including a nil licence within the meaning of that Act) ”.

17GuidanceE+W

In section 103 of the Road Traffic Regulation Act 1984 (supplementary provision as to removal of vehicles), at the end insert—

“(4)A local authority must in exercising any of their functions under sections 99 to 102 have regard to any guidance given to the authority for the purpose by—

(a)the Secretary of State, in the case of a local authority in England;

(b)the National Assembly for Wales, in the case of a local authority in Wales.

(5)In subsection (4) “local authority” has the meaning given by section 100(5)(a) and (b).”

Part 3 E+WLitter and refuse

Offence of dropping litterE+W

18Extension of litter offence to all open placesE+W

In section 87 of the Environmental Protection Act 1990 (c. 43) (offence of leaving litter), for subsections (1) to (4) substitute—

“(1)A person is guilty of an offence if he throws down, drops or otherwise deposits any litter in any place to which this section applies and leaves it.

(2)This section applies to any place in the area of a principal litter authority which is open to the air, subject to subsection (3) below.

(3)This section does not apply to a place which is “open to the air” for the purposes of this Part by virtue of section 86(13) above if the public does not have access to it, with or without payment.

(4)It is immaterial for the purposes of this section whether the litter is deposited on land or in water.

(4A)No offence is committed under subsection (1) above where the depositing of the litter is—

(a)authorised by law; or

(b)done by or with the consent of the owner, occupier or other person having control of the place where it is deposited.

(4B)A person may only give consent under subsection (4A)(b) above in relation to the depositing of litter in a lake or pond or watercourse if he is the owner, occupier or other person having control of—

(a)all the land adjoining that lake or pond or watercourse; and

(b)all the land through or into which water in that lake or pond or watercourse directly or indirectly discharges, otherwise than by means of a public sewer.

(4C)In subsection (4B) above, “lake or pond”, “watercourse” and “public sewer” have the same meanings as in section 104 of the Water Resources Act 1991.”

19Litter offence: fixed penalty noticesE+W

(1)Section 88 of the Environmental Protection Act 1990 (c. 43) (fixed penalty notices for leaving litter) is amended as follows.

(2)For subsections (6) and (7) (amount of fixed penalty) substitute—

“(6)The fixed penalty payable in pursuance of a notice under this section is payable to the litter authority whose authorised officer gave the notice.

(6A)The amount of a fixed penalty payable in pursuance of a notice under this section—

(a)is the amount specified by a principal litter authority in relation to its area (whether the penalty is payable to that or another authority), or

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

(6B)The reference in subsection (6A) above to a principal litter authority does not include an English county council for an area for which there is also a district council.

(7)The litter 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.”

(3)After subsection (8) insert—

“(8A)If an authorised officer of a litter authority proposes to give a person a notice under this section, the officer may require the person to give him his name and address.

(8B)A person commits an offence if—

(a)he fails to give his name and address when required to do so under subsection (8A) above, or

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

(8C)A person guilty of an offence under subsection (8B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”

(4)In subsection (9), at the end insert—

“(f)a parish or community council.”

(5)In subsection (10), for the definition of “authorised officer” substitute—

““authorised officer”, in relation to a litter authority, means—

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

(b)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; and

(c)any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices;”.

(6)After that subsection insert—

“(11)The appropriate person may by regulations prescribe conditions to be satisfied by a person before a parish or community council may authorise him in writing for the purpose of giving notices under this section.”

Local authority noticesE+W

20Litter clearing noticesE+W

(1)Section 90 of the Environmental Protection Act 1990 (c. 43) (litter control areas) shall cease to have effect.

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F421Street litter control noticesE+W

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

F522Failure to comply with notice: fixed penalty noticesE+W

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

Free distribution of printed matterE+W

23Controls on free distribution of printed matterE+W

(1)In the Environmental Protection Act 1990 (c. 43), after section 94A (as inserted by section 22 above) insert—

“94BFree distribution of printed matter

Schedule 3A (distribution of printed matter on designated land) has effect.”

(2)In that Act, after Schedule 3 insert—

“SCHEDULE 3AE+WFree distribution of printed matter on designated land

Offence of unauthorised distributionE+W

1(1)A person commits an offence if he distributes any free printed matter without the consent of a principal litter authority on any land which is designated by the authority under this Schedule, where the person knows that the land is so designated.

(2)A person commits an offence if he causes another person to distribute any free printed matter without the consent of a principal litter authority on any land designated by the authority under this Schedule.

(3)A person is not guilty of an offence under sub-paragraph (2) if he took reasonable steps to ensure that the distribution did not occur on any land designated under this Schedule.

(4)Nothing in this paragraph applies to the distribution of printed matter—

(a)by or on behalf of a charity within the meaning of the Charities Act 1993, where the printed matter relates to or is intended for the benefit of the charity;

(b)where the distribution is for political purposes or for the purposes of a religion or belief.

(5)A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6)For the purposes of this Schedule—

(a)to “distribute” printed matter means to give it out to, or offer or make it available to, members of the public and includes placing it on or affixing it to vehicles, but does not include putting it inside a building or letter-box;

(b)printed matter is “free” if it is distributed without charge to the persons to whom it is distributed.

(7)For the purposes of this Schedule a person does not distribute printed matter if the distribution takes place inside a public service vehicle (within the meaning of the Public Passenger Vehicles Act 1981).

DesignationE+W

2(1)A principal litter authority may by order in accordance with this paragraph designate land in its area for the purposes of this Schedule.

(2)The land designated must consist of—

(a)relevant land of the authority;

(b)all or part of any relevant highway for which the authority is responsible; or

(c)both.

(3)A principal litter authority may only designate land where it is satisfied that the land is being defaced by the discarding of free printed matter which has been distributed there.

(4)Where a principal litter authority proposes to make an order under sub-paragraph (1) above in respect of any land, it must—

(a)publish a notice of its proposal in at least one newspaper circulating in an area which includes the land; and

(b)post such a notice on the land.

(5)A notice under sub-paragraph (4) above must specify—

(a)the land proposed to be designated;

(b)the date on which it is proposed that the order is to come into force (which may not be earlier than the end of a period of 28 days beginning with the day on which the notice is given);

(c)the fact that objections may be made to the proposal, how they may be made and the period within which they may be made (being a period of at least 14 days beginning with the day on which the notice is given).

(6)Where after giving notice under sub-paragraph (4) above and taking into account any objections duly made pursuant to sub-paragraph (5)(c) above an authority decides to make an order under sub-paragraph (1) above in respect of any or all of the land in respect of which the notice was given, the authority must—

(a)publish a notice of its decision in at least one newspaper circulating in an area which includes the land; and

(b)post such a notice on the land.

(7)A notice under sub-paragraph (6) above must specify the date on which the order is to come into force, being a date not earlier than—

(a)the end of the period of 14 days beginning with the day on which the notice is given; and

(b)the date referred to in sub-paragraph (5)(b) above.

(8)A principal litter authority may at any time revoke an order under sub-paragraph (1) above in respect of any land to which the order relates.

(9)A principal litter authority must—

(a)publish a notice of any revocation under sub-paragraph (8) above in at least one newspaper circulating in an area which includes the land in question; and

(b)post such a notice on the land.

(10)Sub-paragraph (1) above does not apply to an English county council for an area for which there is a district council.

Consent and conditionsE+W

3(1)A principal litter authority may on the application of any person consent to that person or any other person (identified specifically or by description) distributing free printed matter on any land designated by the authority under this Schedule.

(2)Consent under this paragraph may be given without limitation or may be limited—

(a)by reference to the material to be distributed;

(b)by reference to a particular period, or particular times or dates;

(c)by reference to any part of the designated land;

(d)to a particular distribution.

(3)A principal litter authority need not give consent under this paragraph to any applicant where it considers that the proposed distribution would in all the circumstances be likely to lead to defacement of the designated land.

(4)Consent need not be given to any applicant if within the period of five years ending on the date of his application—

(a)he has been convicted of an offence under paragraph 1 above; or

(b)he has paid a fixed penalty under paragraph 7 below.

(5)Consent may be given under this paragraph subject to such conditions as the authority consider necessary or desirable for—

(a)protecting the designated land from defacement; or

(b)the effective operation and enforcement of this Schedule.

(6)The conditions which may be imposed by a principal litter authority under this paragraph include conditions requiring any person distributing printed matter pursuant to consent given under this paragraph to produce on demand written evidence of the consent to an authorised officer of the authority.

(7)Consent given by a principal litter authority under this paragraph may at any time be revoked (entirely or to any extent) by notice to the person to whom it was given, where—

(a)he has failed to comply with any condition subject to which it was given; or

(b)he is convicted of an offence under paragraph 1 above or pays a fixed penalty under paragraph 7 below.

(8)Any condition imposed under this paragraph in relation to any consent may be varied or revoked by notice given to the person to whom the consent was given.

FeesE+W

4(1)A principal litter authority may require the payment of a fee before giving consent under paragraph 3 above.

(2)The amount of a fee under this paragraph is to be such as the authority may determine, but may not be more than, when taken together with all other fees charged by the authority under this paragraph, is reasonable to cover the costs of operating and enforcing this Schedule.

AppealsE+W

5(1)Any person aggrieved by a decision of a principal litter authority under paragraph 3 above—

(a)to refuse consent,

(b)to impose any limitation or condition subject to which consent is given,

(c)to revoke consent (or to revoke it to any extent),

may appeal against the decision to a magistrates' court.

(2)A magistrates' court may on an appeal under this paragraph—

(a)uphold any refusal of consent or require the authority to grant consent (without limitation or condition or subject to any limitation or condition);

(b)require the authority to revoke or vary any condition;

(c)uphold or quash revocation of consent (or uphold or quash revocation to any extent).

Seizure of materialE+W

6(1)Where it appears to an authorised officer of a principal litter authority that a person distributing any printed matter is committing an offence under paragraph 1 above, he may seize all or any of it.

(2)Any person claiming to own any printed matter seized under this paragraph may apply to a magistrates' court for an order that the printed matter be released to him.

(3)On an application under sub-paragraph (2) above, if the magistrates' court considers that the applicant does own the printed matter, the court shall order the principal litter authority to release it to him, except to the extent that the court considers that the authority needs to retain it for the purposes of proceedings relating to an offence under paragraph 1 above.

(4)Any printed matter seized under this paragraph (and not released under sub-paragraph (3) above) must be returned to the person from whom it is seized—

(a)at the conclusion of proceedings for the offence (unless the court orders otherwise);

(b)at the end of the period in which proceedings for the offence may be instituted, if no such proceedings have been instituted in that period (or have been instituted but discontinued).

(5)Where it is not possible to return any printed matter under sub-paragraph (4) above because the name and address of the person from whom it was seized are not known, a principal litter authority may dispose of or destroy it.

Fixed penalty noticesE+W

7(1)This paragraph applies where on any occasion it appears to an authorised officer of a principal litter authority that a person has committed an offence under paragraph 1 above on any land designated by the authority under this Schedule.

(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 principal litter authority.

(3)Subsections (2) to (5) of section 88 above apply in relation to notices given under this paragraph as they apply to notices under that section.

(4)The amount of the fixed penalty payable to a principal litter authority under this paragraph—

(a)is the amount specified by the authority in relation to its area; or

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

(5)The principal litter authority to which a fixed penalty is payable under this paragraph 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.

(6)In any proceedings a certificate which—

(a)purports to be signed on behalf of the chief finance officer of a principal litter 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.

(7)If an authorised officer of a principal litter authority proposes to give a person a notice under this paragraph, the officer may require the person to give him his name and address.

(8)A person commits an offence if—

(a)he fails to give his name and address when required to do so under sub-paragraph (7) above; or

(b)he gives a false or inaccurate name or address in response to a requirement under that sub-paragraph.

(9)A person guilty of an offence under sub-paragraph (8) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(10)In this paragraph, “chief finance officer”, in relation to a principal litter authority, means the person having responsibility for the financial affairs of that authority.

SupplementaryE+W

8In this Schedule “authorised officer”, in relation to a principal litter authority, means—

(a)an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under paragraph 7 above;

(b)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; and

(c)any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices.”

GeneralE+W

24Fixed penalty notices: common provisionE+W

After section 97 of the Environmental Protection Act 1990 (c. 43) insert—

“97AFixed penalty notices: supplementary

(1)The appropriate person may by regulations make provision in connection with the powers conferred under—

(a)section 88(6A)(a) and (7) above;

(b)section 94A(4)(a) and (5) above;

(c)paragraph 7(4)(a) and (5) of Schedule 3A.

(2)Regulations under subsection (1) may (in particular)—

(a)require an amount specified under section 88(6A)(a), 94A(4)(a) or paragraph 7(4)(a) of Schedule 3A 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 section 88(7), 94A(5) or paragraph 7(5) of Schedule 3A.

(3)The appropriate person may by order substitute a different amount for the amount for the time being specified in section 88(6A)(b), 94A(4)(b) or paragraph 7(4)(b) of Schedule 3A.

(4)Regulations or an order under this section may make different provision for different purposes.”

25Exclusion of liabilityE+W

In the Environmental Protection Act 1990 (c. 43), after section 97A (as inserted by section 24 above) insert—

“97BExclusion of liability

(1)None of the persons mentioned in subsection (2) below is to have any liability to an occupier or owner of land for damages or otherwise (whether at common law or otherwise) arising out of anything done or omitted to be done in the exercise or purported exercise of the power in section 92(9), 92A(9) or 92C(3) above.

(2)Those persons are—

(a)the principal litter authority and any employee of the authority; and

(b)in the case of the power in section 92C(3) above, any person authorised by the authority under that provision and the employer or any employee of that person.

(3)Subsection (1) above does not apply—

(a)if the act or omission is shown to be in bad faith;

(b)to liability arising out of a failure to exercise due care and attention;

(c)so as to prevent an award of damages in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998.

(4)This section does not affect any other exemption from liability (whether at common law or otherwise).”

26“Appropriate person”E+W

In section 98 of the Environmental Protection Act 1990 (definitions), 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.”

27“Litter”E+W

In section 98 of the Environmental Protection Act 1990 (definitions), after subsection (5) insert—

“(5A)“Litter” includes—

(a)the discarded ends of cigarettes, cigars and like products, and

(b)discarded chewing-gum and the discarded remains of other products designed for chewing.”

Part 4 E+WGraffiti and other defacement

Graffiti and fly-postingE+W

28Fixed penalty notices: amount of fixed penaltyE+W

(1)In section 43 of the Anti-social Behaviour Act 2003 (c. 38) (penalty notices for graffiti and fly-posting) omit subsections (10) and (11).

(2)After that section insert—

“43AAmount of penalty

(1)The amount of a penalty payable in pursuance of a notice under section 43(1)—

(a)is the amount specified by a relevant local authority in relation to its area (whether or not the penalty is payable to that or another authority), or

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

(2)In subsection (1)(a), “relevant local authority” means—

(a)a district council in England;

(b)a county council in England for an area for which there is no district council;

(c)a London borough council;

(d)the Common Council of the City of London;

(e)the Council of the Isles of Scilly;

(f)a county or county borough council in Wales.

(3)The local authority to which a penalty is payable in pursuance of a notice under section 43(1) 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.

(4)The appropriate person may by regulations make provision in connection with the powers conferred under subsections (1)(a) and (3).

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

(a)require an amount specified under subsection (1)(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 (1)(b).”

29Fixed penalty notices: power to require name and addressE+W

After section 43A of the Anti-social Behaviour Act 2003 (c. 38) (as inserted by section 28 above) insert—

“43BPenalty notices: power to require name and address

(1)If an authorised officer of a local authority proposes to give a person a notice under section 43(1), 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.”

30Fixed penalty notices: authorised officersE+W

(1)In section 47 of the Anti-social Behaviour Act 2003 (c. 38) (interpretation etc), in subsection (1), for the definition of “authorised officer” substitute—

““authorised officer”, in relation to a local authority, means—

(a)an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under section 43(1);

(b)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; and

(c)any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices,”.

(2)In that section, at the end insert—

“(4)The appropriate person may by regulations prescribe conditions to be satisfied by a person before a parish or community council may authorise him in writing for the purpose of giving notices under section 43(1).”

F631Extension of graffiti removal notices to fly-postingE+W

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

32Sale of aerosol paint to childrenE+W

In the Anti-social Behaviour Act 2003 (c. 38), after section 54 (sale of aerosol paint to children) insert—

“54AEnforcement of section 54

(1)It is the duty of every local weights and measures authority—

(a)to consider, at least once in every period of twelve months, the extent to which it is appropriate for the authority to carry out in their area a programme of enforcement action in relation to section 54; and

(b)to the extent that they consider it appropriate to do so, carry out such a programme.

(2)For the purposes of subsection (1), a programme of enforcement action in relation to section 54 is a programme involving all or any of the following—

(a)the bringing of prosecutions in respect of offences under that section;

(b)the investigation of complaints in respect of alleged offences under that section;

(c)the taking of other measures intended to reduce the incidence of offences under that section.”

AdvertisementsE+W

33Unlawful display of advertisements: defencesE+W

(1)Section 224 of the Town and Country Planning Act 1990 (c. 8) (enforcement of control as to advertisements) is amended as follows.

(2)In subsection (5) (person not guilty of offence of displaying advertisement in contravention of regulations if he proves it was displayed without his knowledge or consent), for “that it was displayed without his knowledge or consent” substitute “ either of the matters specified in subsection (6) ”.

(3)After that subsection insert—

“(6)The matters are that—

(a)the advertisement was displayed without his knowledge; or

(b)he took all reasonable steps to prevent the display or, after the advertisement had been displayed, to secure its removal.”

(4)This section does not have effect in relation to an offence committed, or alleged to have been committed, before the commencement of this section.

34Removal of placards and postersE+W

(1)Section 225 of the Town and Country Planning Act 1990 (power to remove or obliterate placards and posters) is amended as follows.

(2)In subsection (3)(b) after “notice” insert “ and recover from him the costs they may reasonably incur in doing so ”.

(3)After subsection (5) insert—

“(6)Where—

(a)a local planning authority serve a notice on a person under subsection (3) in relation to a placard or poster, and

(b)the person fails to remove or obliterate it within the period specified in the notice,

the authority may recover from that person the costs they may reasonably incur in exercising their power under subsection (1).”

(4)After subsection (6) (as inserted by subsection (3) above) insert—

“(7)This subsection applies in relation to a placard or poster where—

(a)the placard or poster does not identify the person who displayed it or caused it to be displayed, or

(b)it does do so, but subsection (3) does not apply by reason of subsection (4), and

the placard or poster publicises the goods, services or concerns of an identifiable person.

(8)Where subsection (7) applies, subsections (3) to (6) have effect as if the reference in subsection (3) to the person who displayed the placard or poster or caused it to be displayed were a reference to the person whose goods, services or concerns are publicised.”

(5)After subsection (8) (as inserted by subsection (4) above) insert—

“(9)Where any damage is caused to land or chattels in the exercise of the power under subsection (1) in relation to a placard or poster, compensation may be recovered by any person suffering the damage from the local planning authority exercising the power.

(10)Subsection (9) does not permit the recovery of compensation by the person who displayed the placard or poster or caused it to be displayed.

(11)The provisions of section 118 apply in relation to compensation under subsection (9) as they apply in relation to compensation under Part 4.”

(6)In section 324 of that Act (rights of entry), omit subsection (3)(a).

Part 5 E+WWaste

Chapter 1E+WTransport of waste

35Unregistered transport: defence of acting under employer's instructionsE+W

(1)In section 1 of the Control of Pollution (Amendment) Act 1989 (c. 14) (offence of transporting controlled waste without registering), in subsection (4)—

(a)at the end of paragraph (a), insert “ or ”;

(b)omit paragraph (c) (defence of acting under employer's instructions) and the preceding “or”.

(2)This section does not have effect in relation to an offence committed, or alleged to have been committed, before the commencement of this section.

36Registration requirements and conditionsE+W

(1)Section 2 of the Control of Pollution (Amendment) Act 1989 (c. 14) (power to make regulations about registration of carriers) is amended as follows.

(2)In subsection (2)—

(a)in paragraph (c), omit “free of charge”;

(b)omit paragraph (d);

(c)in paragraph (e), omit “free of charge”.

(3)In subsection (3), omit paragraph (b) (provision as to form of applications).

(4)In subsection (3A)—

(a)for “paragraphs (b) and (d)” substitute “ paragraph (d) ”; and

(b)omit paragraph (a) (further provision as to form of application).

(5)After subsection (4) insert—

“(4A)Regulations under this section may include provision for—

(a)the registration of a person as a carrier of controlled waste to be subject to conditions relating to the vehicles used by him in transporting such waste; or

(b)the revocation by a regulation authority of the registration of a carrier of controlled waste who has breached a condition imposed on him under paragraph (a) above.

(4B)Provision contained in any regulations under this section by virtue of subsection (4A) above may, in particular, include provision—

(a)for inspection by a regulation authority of the vehicles of registered carriers of controlled waste for the purpose of ensuring compliance with conditions imposed under subsection (4A)(a) above;

(b)for a regulation authority to impose charges on registered carriers of controlled waste in respect of such inspections.”

(6)In subsection (5), for “to (4)” substitute “ to (4B) ”.

(7)In section 3 of that Act (restrictions on power under section 2), in subsection (2), after “except” insert “ in accordance with regulations under subsection (4A) of that section or ”.

37Enforcement powersE+W

For section 5 of the Control of Pollution (Amendment) Act 1989 substitute—

“5Power to require production of authority, stop and search etc

(1)This section applies where an authorised officer of a regulation authority or a constable reasonably believes that controlled waste has been, is being or is about to be transported in contravention of section 1(1) above.

(2)The authorised officer or constable may—

(a)require any person appearing to him to be or to have been engaged in transporting that waste to produce his (or, as the case may be, his employer's) authority to do so;

(b)search any vehicle that appears to him to be a vehicle that has been, is being or is about to be used for transporting that waste;

(c)carry out tests on anything found in any such vehicle (including by taking away samples for testing of anything so found);

(d)seize any such vehicle and any of its contents.

(3)For the purposes of subsection (2)(a) above, a person's authority for transporting controlled waste is—

(a)his certificate of registration as a carrier of controlled waste;

(b)such copy of that certificate as satisfies requirements specified in regulations made by the appropriate person; or

(c)such evidence as may be so specified that he is not required to be registered as a carrier of controlled waste.

(4)Where an authorised officer or constable has required a person to produce an authority under subsection (2)(a) above, the person must do so—

(a)by producing it forthwith to the authorised officer or constable;

(b)by producing it at a place and within a period specified in regulations made by the appropriate person; or

(c)by sending it to that place and within that period.

(5)In acting under subsection (2) above an authorised officer or constable may—

(a)stop any vehicle as referred to in paragraph (b) of that subsection (but only a constable in uniform may stop a vehicle on any road);

(b)enter any premises for the purpose specified in paragraph (b) or (d) of that subsection.

(6)A vehicle or its contents seized under subsection (2)(d) above—

(a)by an authorised officer of a regulation authority, are seized on behalf of that authority;

(b)by a constable in the presence of an authorised officer of a regulation 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 comply with a requirement imposed under paragraph (a) of subsection (2) above;

(b)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 that subsection;

(c)he otherwise intentionally obstructs an authorised officer or constable in the exercise of a power under that subsection.

(8)A person is not guilty of an offence by virtue of subsection (7)(a) above unless it is shown—

(a)that the waste in question was controlled waste; and

(b)that the waste was or was being transported to or from a place in Great Britain.

(9)Where an authorised officer or constable has stopped a vehicle under subsection (5) above, he may (in addition to any requirement that may be imposed under paragraph (a) of subsection (2) above) 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.

(10)A person commits an offence if—

(a)he fails without reasonable excuse to comply with a requirement under subsection (9) 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.

(11)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.

5ASeizure of vehicles etc: supplementary

(1)Where under section 5 above an authorised officer of a regulation authority or a constable seizes a vehicle or its contents (“seized property”) on behalf of a regulation authority, the authority may remove the seized property to such a place as the authority consider appropriate.

(2)A regulation 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 a regulation authority in relation to the safe custody of seized property;

(b)the circumstances in which the authority 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 the 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 regulation 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 regulation authorities in relation to the performance of their functions under regulations under subsection (2) above.”

38Failure to produce authority: fixed penalty noticesE+W

(1)In the Control of Pollution (Amendment) Act 1989 (c. 14), after section 5A (as inserted by section 37 above) insert—

“5BFixed penalty notices for offences under section 5

(1)This section applies where it appears to a regulation authority that a person has failed without reasonable excuse to comply with a requirement under section 5(2)(a) above (requirement to produce authority to transport waste).

(2)The regulation authority may give that person a notice offering him the opportunity of discharging any liability to conviction for an offence under section 5(7)(a) 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 must be such as the appropriate person may by order prescribe.

(9)The fixed penalty payable to a regulation 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 regulation 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, a regulation 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 regulation 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 a regulation authority, means the person having responsibility for the financial affairs of the authority.

5CUse of fixed penalties under section 5B

(1)This section applies in relation to amounts paid to a regulation authority in pursuance of notices under section 5B above (its “fixed penalty receipts”).

(2)Fixed penalty receipts—

(a)where received by the Environment Agency, must be paid to the Secretary of State;

(b)where received by a waste collection authority, must be used in accordance with the following provisions of this section.

(3)A waste collection authority may use its fixed penalty receipts only for the purposes of—

(a)its functions under section 5 above (including functions relating to the enforcement of offences under that section);

(b)such other of its functions as may be specified in regulations made by the appropriate person.

(4)Regulations under subsection (3)(b) above may in particular have the effect that an authority may use its fixed penalty receipts for the purposes of any of its functions.

(5)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.

(6)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 (3) above;

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

(b)make provision for accounting arrangements in respect of a waste collection authority's fixed penalty receipts.

(7)The provision that may be made under subsection (6)(a)(ii) above includes (in particular) provision for the payment of sums to a person (including the appropriate person) other than the authority.

(8)Before making regulations under this section, the appropriate person must consult—

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

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

(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.”

39InterpretationE+W

(1)Section 9 of the Control of Pollution (Amendment) Act 1989 (c. 14) (interpretation) is amended as follows.

(2)In subsection (1), at the appropriate place insert—

““appropriate person” means—

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

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

(3)After subsection (1A) insert—

“(1B)For the purposes of any provision of this Act, “authorised officer” in relation to any authority means an officer of the authority who is authorised in writing by the authority for the purposes of that provision.”

Chapter 2E+WDeposit and disposal of waste

Offence of unlawful deposit of waste etcE+W

40Defence of acting under employer's instructionsE+W

(1)In section 33 of the Environmental Protection Act 1990 (c. 43) (offence of unauthorised or harmful deposit etc of controlled waste), omit subsection (7)(b) (defence of acting on employer's instructions).

(2)This section does not have effect in relation to an offence committed, or alleged to have been committed, before the commencement of this section.

41Penalties on convictionE+W

(1)In section 33 of the Environmental Protection Act 1990 (offence of unauthorised or harmful deposit etc of waste), for subsections (8) and (9) (penalties) substitute—

“(8)A person who commits an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £50,000 or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.”

(2)Subsection (1) does not have effect in relation to offences committed before the commencement of this section.

(3)In relation to offences committed after [F72 May 2022], the amendment made by this section has effect as if for “ [F8the general limit in a magistrates’ court] ” there were substituted “ 6 months ”.

42Investigation and enforcement costsE+W

(1)After section 33 of the Environmental Protection Act 1990 (c. 43) insert—

“33ASection 33 offences: investigation and enforcement costs

(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.

(2)The court by or before which the offender is convicted may make an order requiring him to pay to an enforcement authority a sum which appears to the court not to exceed the costs arising from—

(a)investigations of the enforcement authority which resulted in the conviction; and

(b)the seizure by the enforcement authority under section 34B below of a vehicle involved in the offence.

(3)The costs arising from the seizure of a vehicle as specified in subsection (2)(b) above may include the cost of disposing of the contents of the vehicle.

(4)The power of a court to make an order under this section is in addition to its power to make an order under section 18 of the Prosecution of Offences Act 1985 (award of costs against accused).

(5)In this section “enforcement authority” means the Environment Agency or a waste collection authority.”

(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.

43Clean-up costsE+W

(1)After section 33A of the Environmental Protection Act 1990 (as inserted by section 42 above) insert—

“33BSection 33 offences: clean-up costs

(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 reference in section 130(1)(a) of the Powers of Criminal Courts (Sentencing) Act 2000 (compensation orders) to loss or damage resulting from the offence includes costs incurred or to be incurred by a relevant person in—

(a)removing the waste deposited or disposed of in or on the land;

(b)taking other steps to eliminate or reduce the consequences of the deposit or disposal; or

(c)both.

(3)In subsection (2) above “relevant person” means—

(a)the Environment Agency;

(b)a waste collection authority;

(c)the occupier of the land;

(d)the owner of the land (within the meaning of section 78A(9) below).

(4)The reference in subsection (2) above to costs incurred does not, in the case of the Environment Agency or a waste collection authority, include any costs which the Agency or authority has already recovered under section 59(8) below.

(5)In relation to the costs referred to in subsection (2) above, the reference in section 131(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (limit on amount payable) to £5000 is instead to be construed as a reference to the amount of those costs (or, if the costs have not yet been incurred, the likely amount).”

(2)In section 59 of that Act (power to require removal of waste unlawfully deposited), after subsection (8) insert—

“(8A)An authority may not recover costs under subsection (8) above if a compensation order has been made under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 in favour of the authority in respect of any part of those costs.

(8B)Subsection (8A) does not apply if the order is set aside on appeal.”

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

44Forfeiture of vehiclesE+W

(1)In the Environmental Protection Act 1990 (c. 43), after section 33B (as inserted by section 43 above) insert—

“33CSection 33 offences: forfeiture of vehicles

(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—

  (a)

  the Environment Agency, where the proceedings in respect of the offence have been brought by or on behalf of the Agency, or

  (b)

  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 documentationE+W

45Failure to furnish documentation: fixed penalty noticesE+W

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

“34AFixed penalty notices for certain offences under section 34

(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 seizureE+W

46Power to search and seize vehiclesE+W

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

“Offences under sections 33 and 34: powers of seizure etcE+W

34BPower to search and seize vehicles etc

(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)[F9a 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)[F9a 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—

  (a)

  the Environment Agency, or

  (b)

  a waste collection authority;

• [F10“relevant offence” means—

  (a)

  an offence under section 33 above, or

  (b)

  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.

34CSeizure of vehicles etc: supplementary

(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 disposalE+W

47Abolition of requirement to contract out waste disposal functionsE+W

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.

48Offences relating to waste receptacles: fixed penalty noticesE+W

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

“47ZAFixed penalty notices for offences under sections 46 and 47

(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—

  (a)

  an employee of the authority who is authorised in writing by the authority for the purposes of giving notices under this section;

  (b)

  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;

  (c)

  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.

47ZBAmount of fixed penalty under section 47ZA

(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.”

49Payments for waste recycling and disposalE+W

(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).”

50Power to require owner of land to remove wasteE+W

(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—

“59ZASection 59: supplementary power in relation to owner of land

(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.”

SupplementaryE+W

51“Appropriate person”E+W

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.”

52Use of fixed penalty receiptsE+W

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

“73AUse of fixed penalty receipts

(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.”

53Supplementary enforcement powersE+W

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 3E+WSite waste

54Site waste management plansE+W

(1)The [F11Secretary 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 [F12in 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 [F13Secretary 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—

• F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Part 6 E+WDogs

Chapter 1E+WControls on dogs

Dog control ordersE+W

F1555Power to make dog control ordersE+W

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

F1556Dog control orders: supplementaryE+W

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

F1557Land to which Chapter 1 appliesE+W

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

F1558Primary and secondary authoritiesE+W

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

Fixed penalty noticesE+W

F1559Fixed penalty noticesE+W

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

F1560Amount of fixed penaltiesE+W

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

F1561Power to require name and addressE+W

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

F1562Community support officers etcE+W

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

SupplementaryE+W

F1563Overlapping powersE+W

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

F1564ByelawsE+W

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

65Dogs (Fouling of Land) Act 1996E+W

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

GeneralE+W

F1666“Appropriate person”E+W

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

F1667Regulations and ordersE+W

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

Chapter 2E+WStray dogs

68Termination of police responsibility for stray dogsE+W

(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 E+WNoise

Chapter 1E+WAudible intruder alarms

Alarm notification areasE+W

69Designation of alarm notification areasE+W

(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.

70Withdrawal of designationE+W

(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.

71Notification of nominated key-holdersE+W

(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.

72Nomination of key-holdersE+W

(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—

  (a)

  the business of which consists of or includes holding keys, and

  (b)

  which 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.

73Offences under section 71: fixed penalty noticesE+W

(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—

  (a)

  an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under this section;

  (b)

  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;

  (c)

  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.

74Amount of fixed penaltyE+W

(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).

75Use of fixed penalty receiptsE+W

(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.

76Fixed penalty notices: power to require name and addressE+W

(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 alarmsE+W

77Power of entryE+W

(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).

78Warrant to enter premises by forceE+W

(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.

79Powers of entry: supplementaryE+W

(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.

SupplementaryE+W

80Orders and regulationsE+W

(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.

81InterpretationE+W

(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—

  (a)

  in relation to a local authority in England, the Secretary of State;

  (b)

  in relation to a local authority in Wales, the National Assembly for Wales;

• “local authority” means—

  (a)

  a district council in England;

  (b)

  a county council in England for an area for which there is no district council;

  (c)

  a London borough council;

  (d)

  the Common Council of the City of London;

  (e)

  the Council of the Isles of Scilly;

  (f)

  a county or county borough council in Wales;

• “the occupier” in respect of premises means (subject to subsection (2))—

  (a)

  a person occupying the premises, or

  (b)

  if 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—

  (a)

  the occupier, or

  (b)

  if 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 2E+WGeneral

Noise from premisesE+W

82Noise offences: fixed penalty noticesE+W

(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—

“8AAmount of fixed penalty

(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).

8BFixed penalty notices: power to require name and address

(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.”

83Noise offences: use of fixed penalty receiptsE+W

(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.”

84Extension of Noise Act 1996 to licensed premises etcE+W

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

85Noise Act 1996: supplementaryE+W

(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 nuisancesE+W

86Deferral of duty to serve abatement noticeE+W

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 E+WArchitecture and the built environment

Commission for Architecture and the Built EnvironmentE+W

F1787The Commission for Architecture and the Built EnvironmentE+W

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

F1788General functions of the CommissionE+W

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

F1789Changes to functions of the CommissionE+W

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

90Power to dissolve the CommissionE+W

(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;