Clean Neighbourhoods and Environment Act 2005 (c. 16)

(The document as of February, 2008)

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(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 vehicles

10 Offence of abandoning a vehicle: fixed penalty notices

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

" 2A Fixed 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

(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.

2B Fixed 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.

2C Use 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. "

11 Notice of removal

(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).

12 Disposal

(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)".

13 Guidance

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

" 4A Guidance

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. "

14 Abandoned vehicles: supplementary

(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 etc

15 Notice of removal

(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).

16 Disposal

(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)".

17 Guidance

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 Litter and refuse

Offence of dropping litter

18 Extension of litter offence to all open places

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. "

19 Litter offence: fixed penalty notices

(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 notices

20 Litter clearing notices

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

(2) After section 92 of that Act insert--

" 92A Litter clearing notices

(1) A principal litter authority may in accordance with this section serve a notice (a "litter clearing notice") in relation to any land in its area which is open to the air.

(2) Before serving a litter clearing notice in relation to any land a principal litter authority must be satisfied that the land is defaced by litter or refuse so as to be detrimental to the amenity of the locality.

(3) A litter clearing notice is to require the person on whom it is served--

(a) to clear the land of the litter or refuse; and

(b) if the principal litter authority is satisfied that the land is likely to become defaced by litter or refuse again, to take reasonable steps to prevent it from becoming so defaced.

(4) A litter clearing notice must be served on--

(a) the occupier of the land to which it relates; or

(b) if the land is not occupied, the owner.

(5) A litter clearing notice imposing a requirement under subsection (3)(a) above may specify--

(a) a period within which the requirement must be complied with;

(b) standards of compliance.

(6) A period specified under subsection (5)(a) above may not be less than 28 days beginning with the day on which the notice is served.

(7) A principal litter authority must, in discharging its functions under this section, have regard to any guidance given to the authority by the appropriate person.

(8) The form and content of a litter clearing notice is to be such as the appropriate person may by order specify.

(9) Where a principal litter authority proposes to serve a litter clearing notice in respect of any land but is unable after reasonable enquiry to ascertain the name or proper address of the occupier of the land (or, if the land is unoccupied, the owner)--

(a) the authority may post the notice on the land (and may enter any land to the extent reasonably necessary for that purpose), and

(b) the notice is to be treated as having been served upon the occupier (or, if the land is unoccupied, the owner) at the time the notice is posted.

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

(11) A litter clearing notice may not be served in relation to land of any of the following descriptions--

(a) a highway maintainable at the public expense;

(b) land under the direct control of a principal litter authority;

(d) relevant land of a designated statutory undertaker;

(e) relevant land of a designated educational institution;

(f) land which is covered (but "open to the air" for the purposes of this Part by virtue of section 86(13) above) and to which the public are not entitled or permitted to have access, with or without payment.

92B Appeals against litter clearing notices

(1) A person on whom a litter clearing notice is served under section 92A above may appeal against it to a magistrates' court in accordance with the provisions of this section.

(2) An appeal under this section must be made within a period of 21 days beginning with the day on which the notice is served.

(3) The grounds on which an appeal under this section may be made are that--

(a) there is a material defect or error in, or in connection with, the notice;

(b) the notice should have been served on another person;

(d) the action required is unfair or unduly onerous.

(4) A notice against which an appeal under this section is made is of no effect pending the final determination or withdrawal of the appeal.

(5) On the determination of an appeal under this section, the magistrates' court must--

(a) quash the notice;

(b) modify the notice (including modifying it by extending the period specified in it); or

92C Failure to comply with litter clearing notice

(1) This section applies where the person on whom a litter clearing notice is served under section 92A above fails without reasonable excuse to comply with any requirement imposed by the notice.

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

(3) The principal litter authority which served the notice or any person authorised by the authority may enter the land to which the notice relates and clear it of litter and refuse.

(4) Where a principal litter authority exercises the power in subsection (3) above, it may require the person on whom the notice was served to pay a reasonable charge in respect of the exercise of the power.

(5) A principal litter authority may for the purposes of subsection (4) above impose charges by reference to land of particular descriptions or categories (including categories determined by reference to surface area). "

21 Street litter control notices

(1) In section 93 of the Environmental Protection Act 1990 (c. 43) (street litter control notices), after subsection (3) insert--

" (3A) A vehicle or stall or other moveable structure which is used for one or more commercial or retail activities while parked or set at a particular place on or verging a street is to be treated for the purposes of this section and section 94 below as if it were premises situated at that place having a frontage on that street in the place where it is parked or set.

(3B) In subsection (3A) above, "vehicle" means any vehicle intended or adapted for use on roads. "

(2) In section 94 of that Act (supplementary provisions in relation to street litter control notices), in subsection (4)(b) after "so specified" insert "(including the standards to which any such thing must be done)".

(3) In that section, for subsections (8) and (9) substitute--

" (8) A person commits an offence if, without reasonable excuse, he fails to comply with a requirement imposed on him by a notice.

(9) A person guilty of an offence under subsection (8) above is liable on summary conviction to a fine not exceeding level 4 on the standard scale. "

22 Failure to comply with notice: fixed penalty notices

After section 94 of the Environmental Protection Act 1990 (c. 43) insert--

" 94A Fixed penalty notices relating to sections 92C and 94

(1) This section applies where on any occasion it appears to an authorised officer of a principal litter authority that a person has committed an offence under section 92C(2) or 94(8) above in relation to a notice served by 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 principal litter authority.

(3) Subsections (2) to (5) of section 88 above (fixed penalty notices for leaving litter) apply in relation to notices given under this section as they apply in relation to notices given under that section.

(4) The amount of a fixed penalty payable to a principal litter authority under this section is--

(a) the amount specified by the authority in relation to its area (and an authority may specify different amounts for the two different offences referred to in subsection (1) above); or

(b) if no amount is so specified, £100.

(5) The principal 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.

(6) In any proceedings a certificate which--

(a) purports to be signed by or 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 the date specified in the certificate,

is evidence of the facts stated.

(7) In this section--

"authorised officer", in relation to a principal litter authority, means an officer 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 principal litter authority, means the person having responsibility for the financial affairs of that authority. "

Free distribution of printed matter

23 Controls on free distribution of printed matter

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

" 94B Free distribution of printed matter

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

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

" SCHEDULE 3A Free distribution of printed matter on designated land

Offence of unauthorised distribution

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).

Designation

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