Clean Neighbourhoods and Environment Act 2005 (c. 16)

(The document as of February, 2008)

-- Back --

Page 8

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10

(d) tramway premises;

(e) a bus station and any associated facilities;

(f) a public service vehicle operating centre;

(g) a goods vehicle operating centre;

(h) a lighthouse;

(i) a prison. "

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

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

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

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

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

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

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

" "prison" includes a young offender institution; " ;

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

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

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

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

(6) After subsection (7) insert--

" (7A) Railway premises are relevant separate railway premises if--

(a) they are situated within--

(i) premises used as a museum or other place of cultural, scientific or historical interest, or

(ii) premises used for the purposes of a funfair or other entertainment, recreation or amusement, and

(b) they are not associated with any other railway premises.

(7B) For the purposes of subsection (7A)--

(a) a network situated as described in subsection (7A)(a) is associated with other railway premises if it is connected to another network (not being a network situated as described in subsection (7A)(a));

(b) track that is situated as described in subsection (7A)(a) but is not part of a network is associated with other railway premises if it is connected to track that forms part of a network (not being a network situated as described in subsection (7A)(a));

(c) a station or light maintenance depot situated as described in subsection (7A)(a) is associated with other railway premises if it is used in connection with the provision of railway services other than services provided wholly within the premises where it is situated.

In this subsection "light maintenance depot", "network", "railway services", "station" and "track" have the same meaning as in Part 1 of the Railways Act 1993. "

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

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

103 Sections 101 and 102: supplementary

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

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

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

(b) after paragraph (a) insert--

" (aza) in the case of a nuisance falling within paragraph (fb) of section 79(1) above except where--

(i) the artificial light is emitted from industrial, trade or business premises, or

(ii) the artificial light (not being light to which sub-paragraph (i) applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility; " .

(3) After section 80(8) insert--

" (8A) For the purposes of subsection (8)(aza) a relevant sports facility is an area, with or without structures, that is used when participating in a relevant sport, but does not include such an area comprised in domestic premises.

(8B) For the purposes of subsection (8A) "relevant sport" means a sport that is designated for those purposes by order made by the Secretary of State, in relation to England, or the National Assembly for Wales, in relation to Wales.

A sport may be so designated by reference to its appearing in a list maintained by a body specified in the order.

(8C) In subsection (8A) "domestic premises" means--

(a) premises used wholly or mainly as a private dwelling, or

(b) land or other premises belonging to, or enjoyed with, premises so used. "

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

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

(b) after paragraph (a) insert--

" (aza) in the case of a nuisance falling within paragraph (fb) of section 79(1) above except where--

(i) the artificial light is emitted from industrial, trade or business premises, or

(ii) the artificial light (not being light to which sub-paragraph (i) applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility; " .

(5) After section 82(10) insert--

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

Pollution

104 Contaminated land: appeals against remediation notices

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

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

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

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

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

(4) In subsection (4)--

(a) omit paragraph (b);

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

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

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

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

105 Offences relating to pollution etc: penalties on conviction

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

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

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

(2) Subsection (1) does not have effect in relation to regulations under section 2 of the Pollution Prevention and Control Act 1999 so far as relating to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44).

Part 10 General

106 Minor and consequential amendments

Schedule 4 (minor and consequential amendments) has effect.

107 Repeals

Schedule 5 (repeals) has effect.

108 Commencement

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

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

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

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

(a) section 2;

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

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

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

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

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

(g) sections 45 and 46;

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

(i) section 48;

(j) section 50;

(k) section 52;

(l) section 53;

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

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

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

(p) sections 99 and 100;

(q) sections 101 to 103;

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

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

(a) section 1;

(b) section 32;

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

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

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

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

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

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

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

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

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

(b) section 18;

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

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

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

(g) section 41;

(h) section 54;

(i) section 83(2);

(j) section 105.

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

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

(b) different provision for different purposes.

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

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

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

109 Money

There shall be paid out of money provided by Parliament--

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

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

110 Extent

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

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

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

111 Short title

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

SCHEDULES

Section 84

SCHEDULE 1 Application of the Noise Act 1996 to licensed premises etc

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

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

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

(2) In subsection (2), after "emitted from" insert "(a)" and at the end insert " , or

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

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

(4) In subsection (7)--

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

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

(5) After subsection (7) insert--

" (7A) In this group of sections--

"premises licence" has the same meaning as in the Licensing Act 2003 (c. 17);
"temporary event notice" has the same meaning as in the Licensing Act 2003 (and is to be treated as having effect in accordance with section 171(6) of that Act). "

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

(2) In subsection (1)--

(a) in paragraph (a)(i), after "offending dwelling" insert "or the offending premises";

(b) for paragraph (b) substitute--

" (b) give warning--

(i) in a case where the complaint is in respect of a dwelling, that any person who is responsible for noise which is emitted from the offending dwelling in the period specified in the notice and which exceeds the permitted level, as measured from within the complainant's dwelling, may be guilty of an offence;

(ii) in a case where the complaint is in respect of other premises, that the responsible person in relation to the offending premises may be guilty of an offence if noise which exceeds the permitted level, as measured from within the complainant's dwelling, is emitted from the premises in the period specified in the notice. "

(3) In subsection (3), at the beginning insert "In a case where the complaint is in respect of a dwelling,".

(4) After subsection (3) insert--

" (3A) In a case where the complaint is in respect of other premises, a warning notice must be served by delivering it to the person who appears to the officer of the authority to be the responsible person in relation to the offending premises at the time the notice is delivered. "

(5) After subsection (5) insert--

" (6) For the purposes of this group of sections, the responsible person in relation to premises at a particular time is--

(a) where a premises licence has effect in respect of the premises--

(i) the person who holds the premises licence if he is present at the premises at that time,

(ii) where that person is not present at the premises at that time, the designated premises supervisor under the licence if he is present at the premises at that time, or

(iii) where neither of the persons mentioned in sub-paragraphs (i) and (ii) is present at the premises at that time, any other person present at the premises at that time who is in charge of the premises;

(b) where a temporary event notice has effect in respect of the premises--

(i) the premises user in relation to that notice if he is present at the premises at that time, or

(ii) where the premises user is not present at the premises at that time, any other person present at the premises at that time who is in charge of the premises. "

5 In the heading to section 4, after "where noise" insert "from a dwelling".

6 After section 4 insert--

" 4A Offence where noise from other premises exceeds permitted level after service of notice

(1) If--

(a) a warning notice has been served under section 3 in respect of noise emitted from premises,

(b) noise is emitted from the premises in the period specified in the notice, and

the responsible person in relation to the offending premises at the time at which the noise referred to in paragraph (c) is emitted is guilty of an offence.

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

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

(2) In subsection (1)--

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

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

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

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

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

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

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

(2) In subsection (1), after "section 4" insert "or 4A".

(3) After subsection (3) insert--

" (3A) In proceedings for an offence under section 4A, evidence that noise, or noise of any kind, measured by a device at any time was noise emitted from any other premises may be given by the production of a document--

(a) signed by an officer of the local authority, and

(b) stating that he had identified those premises as the source at that time of the noise or, as the case may be, noise of that kind. "

(4) In subsection (4), for "or (3)(a)" substitute ", (3)(a) or (3A)(a)".

10 (1) Section 8 (fixed penalty notices) is amended as follows.

(2) In subsection (1), after "section 4" insert "or 4A".

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

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

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

(3) After subsection (2) insert--

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

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

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

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

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

(3) After subsection (2) insert--

" (2A) If a fixed penalty notice is given to a person in respect of noise emitted from other premises in any period in a warning notice--

(a) no further fixed penalty notice may be given to that person in respect of noise emitted from the premises during that period, but

(b) that person may be convicted of a further offence under section 4A in respect of noise emitted from the premises after the fixed penalty notice is given and before the end of that period. "

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

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

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

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

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

(2) In subsection (1)--

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

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

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

(4) In subsection (4)--

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

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

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

(5) In subsection (5)--

(a) after "enters any" insert "dwelling or other";

(b) for the words from "the premises are unoccupied" to the end substitute "the dwelling is, or the other premises are, unoccupied, must leave it or them as effectively secured against trespassers as he found it or them."

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

Section 87

SCHEDULE 2 Commission for Architecture and the Built Environment

Status

1 (1) The Commission is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) The property of the Commission is not to be regarded as the property of, or property held on behalf of, the Crown.

(3) Service as a member of the Commission is not service in the civil service of the Crown.

Membership

2 (1) The Secretary of State must--

(a) appoint the members of the Commission;

(b) appoint one of the members as chairman.

(2) Subject to the other provisions of this Schedule, a person holds and vacates office as a member of the Commission or as chairman in accordance with the terms of his appointment.

(3) The Commission is to have a minimum of eight and a maximum of sixteen members.

(4) The Secretary of State may by order vary either or both of the numbers specified in sub-paragraph (3).

(5) The validity of proceedings of the Commission is not affected by--

(a) the number of members being less than the minimum as specified for the time being in sub-paragraph (3);

(b) a defect in the appointment of a person as a member of the Commission or as chairman.

Tenure

3 (1) The Secretary of State may not appoint a person to hold office as a member of the Commission or as chairman for a term of more than four years.

(2) A person may at any time resign as a member of the Commission or as chairman by giving notice in writing to the Secretary of State.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10

-- Back --

Stat