Clean Neighbourhoods and Environment Act 2005 (c. 16)

(The document as of February, 2008)

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(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. "

83 Noise offences: use of fixed penalty receipts

(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. "

84 Extension of Noise Act 1996 to licensed premises etc

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

85 Noise Act 1996: supplementary

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

(2) After subsection (2) insert--

" (2A) In this Act "appropriate person" means--

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

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

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

Statutory noise nuisances

86 Deferral of duty to serve abatement notice

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

" (2A) Where a local authority is satisfied that a statutory nuisance falling within paragraph (g) of section 79(1) above exists, or is likely to occur or recur, in the area of the authority, the authority shall--

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

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

(2B) If a local authority has taken steps under subsection (2A)(b) above and either of the conditions in subsection (2C) below is satisfied, the authority shall serve an abatement notice in respect of the nuisance.

(2C) The conditions are--

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

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

(2D) The relevant period is the period of seven days starting with the day on which the authority was first satisfied that the nuisance existed, or was likely to occur or recur.

(2E) The appropriate person is the person on whom the authority would otherwise be required under subsection (2A)(a) above to serve an abatement notice in respect of the nuisance. "

Part 8 Architecture and the built environment

Commission for Architecture and the Built Environment

87 The Commission for Architecture and the Built Environment

(1) There is to be a body corporate to be known as the Commission for Architecture and the Built Environment (in this Part referred to as "the Commission").

(2) Schedule 2 makes further provision about the Commission.

88 General functions of the Commission

(1) The functions of the Commission are the promotion of education and high standards in, and understanding and appreciation of--

(a) architecture, and

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

(2) The Commission must discharge its functions in relation to England and may also discharge them in relation to any other place it thinks appropriate.

(3) The Commission may, for any purpose connected with the discharge of its functions--

(a) provide, or assist in the provision of, public works, services and amenities;

(b) take any other steps it thinks appropriate.

(4) The steps that the Commission has power to take under subsection (3)(b) include in particular--

(a) providing advice and developing and reviewing projects (whether or not it is requested to do so);

(b) providing financial assistance;

(d) commissioning or assisting in the commissioning of works of art;

(e) establishing and administering charities;

(f) inviting and accepting financial assistance and gifts (financial or otherwise);

(g) entering into funding or other arrangements or agreements;

(h) exploiting intellectual property or any other intangible asset;

(i) making investments, subject to subsection (5);

(j) acquiring or disposing of land, subject to subsection (6);

(k) forming or participating in the formation of bodies corporate, subject to subsection (6).

(5) The Commission may make an investment only if the form or manner of the investment has been approved by the Secretary of State.

(6) The Commission may--

(a) acquire or dispose of land, or

(b) form or participate in the formation of a body corporate,

only with the consent of the Secretary of State.

(7) If the Commission has power to take any steps under subsection (3), it may take them anywhere it thinks appropriate.

(8) The Commission may make charges in respect of any service provided by it.

(9) In discharging its functions the Commission must have regard to national policies and advice relating to sustainable development contained in guidance issued by the Secretary of State.

(10) In this section--

"the built environment" includes--
(a)
any structure or area built or designed for human use (such as squares, parks and recreation areas);
(b)
any area available for public use which is in the vicinity of such a structure or within or in the vicinity of such an area;
"intellectual property" means--
(a)
any patent, trade mark, registered design, copyright, design right, right in performance or plant breeder's right;
(b)
any rights under the law of a country outside the United Kingdom which correspond or are similar to those falling within paragraph (a).

89 Changes to functions of the Commission

(1) The Secretary of State may by order--

(a) confer further functions on the Commission;

(b) remove functions from the Commission;

(2) An order under subsection (1) may confer a function on the Commission only if the function appears to the Secretary of State to be connected (directly or indirectly) to an existing or former function of the Commission.

(3) The provision that may be made in an order under subsection (1) includes provision amending or repealing any provision of an enactment conferring functions on the Commission.

(4) In preparing a draft of an order under subsection (1) the Secretary of State must consult the Commission.

90 Power to dissolve the Commission

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

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

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

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

(d) establish a body corporate;

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

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

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

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

(4) An order under this section which transfers rights and liabilities relating to employees of the Commission must make provision for the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794) to apply to that transfer.

91 Dissolution of the old Commission

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

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

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

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

92 Transfer of staff, property etc

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

93 Tax

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

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

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

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

Financial assistance

94 Architecture and the built environment: financial assistance

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

(a) architecture, or

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

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

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

(b) giving guarantees;

(d) providing services, staff or equipment.

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

(4) If the Secretary of State makes an order under section 89 he may by order amend this section to ensure that the purposes for which financial assistance may be given under this section reflect any changes made to the functions of the Commission by the order under section 89.

(5) "The built environment" includes--

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

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

Supplementary

95 Orders

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

(2) The power includes--

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

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

(3) The power is exercisable by statutory instrument.

(4) Subject to subsection (5), the Secretary of State may not make a statutory instrument containing an order under this Part unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(5) A statutory instrument containing an order under paragraph 2(4) of Schedule 2 is subject to annulment in pursuance of a resolution of either House of Parliament.

Part 9 Miscellaneous

Use of fixed penalty receipts

96 Use of fixed penalty receipts: higher tier authorities

(1) This section applies in relation to--

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

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

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

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

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

(4) For the purposes of this section the "qualifying functions" of an authority are--

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

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

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

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

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

(7) The appropriate person may by regulations--

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

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

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

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

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

(9) 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.

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

97 Use of fixed penalty receipts: lower tier authorities

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

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

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

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

(iii) section 59 above; and

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

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

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

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

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

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

98 Sections 96 and 97: supplementary

(1) In sections 96 and 97, "appropriate person" means--

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

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

(2) The powers to make regulations conferred by sections 96 and 97 include--

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

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

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

(4) The Secretary of State may not make a statutory instrument containing regulations under section 96 or 97 unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Shopping and luggage trolleys

99 Abandoned shopping and luggage trolleys

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

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

(3) After paragraph 3 insert--

" 3A (1) This paragraph applies where the local authority is entitled to sell or otherwise dispose of a shopping or luggage trolley in accordance with paragraph 3(1)(b).

(2) If it appears to the authority that a particular person is the owner of the trolley, the authority may charge him a sum in respect of the removal, storage and disposal of the trolley.

(3) The charge is payable to the authority on demand.

(4) The sum payable as a charge under this paragraph is recoverable by the authority as a debt due to it.

(5) In proceedings against a person under sub-paragraph (4) for enforcement of a charge, it is a defence for the person to prove that he was not the owner of the trolley to which the charge relates at the time it was removed. "

(4) In paragraph 4 (charges)--

(a) in sub-paragraph (1)--

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

(ii) for "such trolleys" substitute "shopping or luggage trolleys", and

(b) in sub-paragraph (2), after "paragraph 3" insert "or 3A".

100 Section 99: transitional provision

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

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

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

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

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

(a) the third anniversary of the commencement date;

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

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

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

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

(9) In this section--

"the commencement date" is the day on which section 99 of this Act comes into force;
"local authority" has the same meaning as in section 99 of the Environmental Protection Act 1990;
"luggage trolley" and "shopping trolley" have the same meaning as in Schedule 4 to that Act.

Statutory nuisances

101 Statutory nuisance: insects

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

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

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

(3) After subsection (5) insert--

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

(4) In subsection (7) at the appropriate place insert--

" "appropriate person" means--

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

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

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

" (7C) In this Part "relevant industrial, trade or business premises" means premises that are industrial, trade or business premises as defined in subsection (7), but excluding--

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

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

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

(e) land included in a site of special scientific interest (as defined in section 52(1) of the Wildlife and Countryside Act 1981),

and excluding land covered by, and the waters of, any river or watercourse, that is neither a sewer nor a drain, or any lake or pond.

(7D) For the purposes of subsection (7C)--

"agricultural" has the same meaning as in section 109 of the Agriculture Act 1947;
"agricultural unit" means land which is occupied as a unit for agricultural purposes;
"drain" has the same meaning as in the Water Resources Act 1991;
"lake or pond" has the same meaning as in section 104 of that Act;
"sewer" has the same meaning as in that Act. "

102 Statutory nuisance: lighting

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

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

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

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

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

" (5B) Subsection (1)(fb) does not apply to artificial light emitted from--

(a) an airport;

(b) harbour premises;

(d) tramway premises;

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