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44 Prohibition of certain air weapons | |
(1) The Firearms Act 1968 (c. 27) shall be amended as follows. | |
(2) In section 1(3)(b) after “air pistol” insert “which does not fall within section 5(1) | |
and which is”. | |
(3) In section 5 (weapons subject to general prohibition) after subsection (1)(ae) | 5 |
insert— | |
“(af) any air rifle, air gun or air pistol which uses, or is designed or | |
adapted for use with, a self-contained gas cartridge system | |
(whether powered by air or carbon dioxide);”. | |
(4) If at the time when subsection (3) comes into force a person has in his | 10 |
possession an air rifle, air gun or air pistol of the kind described in section | |
5(1)(af) of the Firearms Act 1968 (inserted by subsection (3) above)— | |
(a) section 5(1) of that Act shall not prevent the person’s continued | |
possession of the air rifle, air gun or air pistol, | |
(b) section 1 of that Act shall apply, and | 15 |
(c) a chief officer of police may not refuse to grant or renew, and may not | |
revoke or partially revoke, a firearm certificate under Part II of that Act | |
on the ground that the person does not have a good reason for having | |
the air rifle, air gun or air pistol in his possession. | |
(5) But subsection (4)(a) to (c) shall not apply to possession in the circumstances | 20 |
described in section 8 of that Act (authorised dealing). | |
(6) In section 1 of the Firearms (Amendment) Act 1988 (c. 45)— | |
(a) in subsection (4), omit the word “or” at the end of paragraph (a) and | |
after paragraph (b) insert— “; or | |
(c) any air rifle, air gun or air pistol which is not for the time | 25 |
being specified in that subsection but appears to him to | |
be specially dangerous,”, and | |
(b) after subsection (4) insert— | |
“(4A) An order under subsection (4)— | |
(a) may provide for a provision of the principal Act to apply | 30 |
with or without modification or exception in relation to | |
anything added to subsection (1) of section 5 by the | |
order, | |
(b) may impose conditions in respect of any application, | |
modification or exception provided for by the order | 35 |
(which may, in particular, include provision requiring a | |
person to obtain a certificate in accordance with an | |
enactment referred to or applied by the order), | |
(c) may make provision generally or by reference to a | |
particular purpose or circumstance, | 40 |
(d) may confer a function on the Secretary of State or | |
another specified person, and | |
(e) may make transitional, consequential or incidental | |
provision.” | |
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Part 7 | |
The environment | |
Noise | |
45 Closure of noisy premises | |
(1) The chief executive officer of the relevant local authority may make a closure | 5 |
order in relation to premises to which this section applies if he reasonably | |
believes that— | |
(a) a public nuisance is being caused by noise coming from the premises, | |
and | |
(b) the closure of the premises is necessary to prevent that nuisance. | 10 |
(2) This section applies to premises if— | |
(a) a premises licence has effect in respect of them, or | |
(b) a temporary event notice has effect in respect of them. | |
(3) In this section “closure order” means an order which requires specified | |
premises to be kept closed during a specified period which— | 15 |
(a) does not exceed 24 hours, and | |
(b) begins when a manager of the premises receives written notice of the | |
order. | |
(4) A person commits an offence if without reasonable excuse he permits premises | |
to be open in contravention of a closure order. | 20 |
(5) A person guilty of an offence under this section shall be liable on summary | |
conviction to— | |
(a) imprisonment for a term not exceeding three months, | |
(b) a fine not exceeding £20,000, or | |
(c) both. | 25 |
46 Closure of noisy premises: supplemental | |
(1) Where a closure order is made in relation to premises, the chief executive | |
officer of the relevant local authority— | |
(a) may cancel the closure order by notice in writing to a manager of the | |
premises, | 30 |
(b) shall cancel the order as soon as is reasonably practicable if he believes | |
that it is no longer necessary in order to prevent a public nuisance being | |
caused by noise coming from the premises, and | |
(c) shall give notice of the order as soon as is reasonably practicable to the | |
licensing authority for the area in which the premises are situated. | 35 |
(2) The chief executive officer of a local authority may authorise an environmental | |
health officer of the authority to exercise a power or duty of the chief executive | |
officer under section 45(1) or under subsection (1) above; and— | |
(a) authority under this subsection may be general or specific, and | |
(b) a reference in section 45(1) or subsection (1) above to a belief of the chief | 40 |
executive officer includes a reference to a belief of a person authorised | |
under this subsection. | |
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(3) In section 45 and this section— | |
“chief executive officer” of an authority means the head of the paid service | |
of the authority designated under section 4 of the Local Government | |
and Housing Act 1989 (c. 42), | |
“environmental health officer” of an authority means an officer | 5 |
authorised by the authority for the purpose of exercising a statutory | |
function in relation to pollution of the environment or harm to human | |
health, | |
“licensing authority” has the same meaning as in the Licensing Act 2003, | |
“manager” in relation to premises means— | 10 |
(a) a person who holds a premises licence in respect of the | |
premises, | |
(b) a designated premises supervisor under a premises licence in | |
respect of the premises, | |
(c) the premises user in relation to a temporary event notice which | 15 |
has effect in respect of the premises, and | |
(d) any other person who works at the premises in a capacity (paid | |
or unpaid) which enables him to close them, | |
“premises licence” has the same meaning as in the Licensing Act 2003, | |
“relevant local authority” in relation to premises means an authority | 20 |
which has statutory functions, for the area in which the premises are | |
situated, in relation to minimising or preventing the risk of pollution of | |
the environment or of harm to human health, and | |
“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 | 25 |
170(6) of that Act). | |
47 Dealing with noise at night | |
(1) The Noise Act 1996 (c. 37) is amended as follows. | |
(2) For section 1 (sections 2 to 9 only apply to area of local authority if authority | |
have so resolved or an order by Secretary of State so provides) substitute— | 30 |
“1 Application of sections 2 to 9 | |
Sections 2 to 9 apply to the area of every local authority in England and | |
Wales.” | |
(3) For section 2(1) (local authority under duty to investigate complaint of noise | |
from dwelling at night) substitute— | 35 |
“(1) A local authority in England and Wales may, if they receive a complaint | |
of the kind mentioned in subsection (2), arrange for an officer of the | |
authority to take reasonable steps to investigate the complaint.” | |
(4) In section 2(7) (power of local authority to act in relation to dwelling within | |
area of other authority) omit the words from “and accordingly” to the end. | 40 |
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Graffiti and fly-posting | |
48 Penalty notices in respect of graffiti or fly-posting | |
(1) Where an authorised officer of a local authority has reason to believe that a | |
person has committed a relevant offence in the area of that authority, he may | |
give that person a notice offering him the opportunity of discharging any | 5 |
liability to conviction for that offence by payment of a penalty in accordance | |
with the notice. | |
(2) But an authorised officer may not give a notice under subsection (1) if he | |
considers that the commission of the offence— | |
(a) in the case of a relevant offence falling within section 49(1)(c), also | 10 |
involves the commission of an offence under section 30 of the Crime | |
and Disorder Act 1998 (c. 37), or | |
(b) in the case of any other relevant offence, was motivated (wholly or | |
partly) by hostility— | |
(i) towards a person based upon his membership (or presumed | 15 |
membership) of a racial or religious group, or | |
(ii) towards members of a racial or religious group based on their | |
membership of that group. | |
(3) Where a person is given a notice under subsection (1) in respect of an offence— | |
(a) no proceedings may be instituted for that offence (or any other relevant | 20 |
offence arising out of the same circumstances) 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 (or any other relevant offence | |
arising out of the same circumstances) if before the expiration of that | |
period he pays the penalty in accordance with the notice. | 25 |
(4) A notice under subsection (1) 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 subsection (1) must also state— | |
(a) the period during which, by virtue of subsection (3), proceedings will | 30 |
not be instituted for the offence, | |
(b) the amount of the penalty, and | |
(c) the person to whom and the address at which the penalty may be paid. | |
(6) Without prejudice to payment by any other method, payment of a penalty in | |
pursuance of a notice under subsection (1) may be made by pre-paying and | 35 |
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) Where a letter is sent in accordance with subsection (6) 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. | 40 |
(8) A notice under subsection (1) must be in such form as the appropriate person | |
may by order prescribe. | |
(9) Subject to subsection (10), the penalty payable in pursuance of a notice under | |
subsection (1) is £50. | |
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(10) The appropriate person may by order substitute a different amount for the | |
amount for the time being specified in subsection (9). | |
49 Meaning of relevant offence | |
(1) “Relevant offence” means— | |
(a) an offence under paragraph 10 of section 54 of the Metropolitan Police | 5 |
Act 1839 (c. 47) (affixing posters etc), | |
(b) an offence under section 20(1) of the London County Council (General | |
Powers) Act 1954 (defacement of streets with slogans etc), | |
(c) an offence under section 1(1) of the Criminal Damage Act 1971 (c. 48) | |
(damaging property etc) which involves only the painting or writing | 10 |
on, or the soiling, marking or other defacing of, any property by | |
whatever means, | |
(d) an offence under section 131(2) of the Highways Act 1980 (c. 66) | |
(including that provision as applied by section 27(6) of the Countryside | |
Act 1968 (c. 41)) which involves only an act of obliteration, | 15 |
(e) an offence under section 132(1) of the Highways Act 1980 (painting or | |
affixing things on structures on the highway etc). | |
(2) This section has effect for the purposes of the interpretation of section 48. | |
50 Penalty receipts | |
(1) Penalties which are payable in pursuance of notices under section 48(1) are | 20 |
payable to local authorities. | |
(2) In any proceedings a certificate which— | |
(a) purports to be signed by or on behalf of the person responsible for the | |
financial affairs of a local authority, and | |
(b) states that payment of a penalty payable in pursuance of a notice under | 25 |
section 48(1) was or was not received by a date specified in the | |
certificate, | |
is evidence of the facts stated. | |
(3) A local authority may use any sums it receives in respect of penalties payable | |
to it in pursuance of notices under section 48(1) (its “penalty receipts”) only for | 30 |
the purposes of functions of its that are qualifying functions. | |
(4) The following are qualifying functions for the purposes of this section— | |
(a) functions under section 48, and | |
(b) functions of a description specified in regulations made by the | |
appropriate person. | 35 |
(5) Regulations under subsection (4)(b) may (in particular) have the effect that a | |
local authority may use its penalty receipts for the purposes of any of its | |
functions. | |
(6) A local authority must supply the appropriate person with such information | |
relating to its use of its penalty receipts as the appropriate person may require. | 40 |
(7) The appropriate person may by regulations— | |
(a) make provision for what a local authority is to do with its penalty | |
receipts— | |
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(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 | 5 |
authority’s 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 local authority. | |
(9) Before making regulations under this section, the appropriate person must | 10 |
consult— | |
(a) the local authorities to which the regulations are to apply, and | |
(b) such other persons as the appropriate person considers appropriate. | |
51 Powers of police civilians | |
(1) In paragraph 1 of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers of | 15 |
community support officers to issue fixed penalty notices)— | |
(a) at the end of sub-paragraph (2)(c) omit “and”, and | |
(b) after sub-paragraph (2)(c) insert— | |
“(ca) the power of an authorised officer of a local authority | |
to give a notice under section 48(1) of the Anti-social | 20 |
Behaviour Act 2003 (penalty notices in respect of | |
graffiti or fly-posting); and”. | |
(2) In paragraph 1 of Schedule 5 to that Act (powers of accredited persons to issue | |
fixed penalty notices)— | |
(a) at the end of sub-paragraph (2)(b) omit “and”, and | 25 |
(b) after sub-paragraph (2)(b) insert— | |
“(ba) the power of an authorised officer of a local authority | |
to give a notice under section 48(1) of the Anti-social | |
Behaviour Act 2003 (penalty notices in respect of | |
graffiti or fly-posting); and”. | 30 |
52 Interpretation | |
(1) In this section and sections 48 and 50— | |
“appropriate person” means— | |
(a) in relation to England, the Secretary of State, and | |
(b) in relation to Wales, the National Assembly for Wales, | 35 |
“authorised officer” means an officer of a local authority who is | |
authorised in writing by the authority for the purpose of giving notices | |
under section 48(1), | |
“local authority” means an authority in England and Wales which is a | |
litter authority for the purposes of section 88 of the Environmental | 40 |
Protection Act 1990 (c. 43), | |
“racial group” and “religious group” have the meanings given by section | |
28(4) and (5) of the Crime and Disorder Act 1998 (c. 37). | |
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(2) Section 28(2) of the Crime and Disorder Act 1998 (c. 37) is to apply for the | |
purposes of section 48(2)(b)(i) as it applies for the purposes of section 28(1)(a) | |
of that Act. | |
(3) The appropriate person may issue guidance— | |
(a) about the exercise of the discretion to give notices under section 48(1), | 5 |
and | |
(b) about the giving of such notices. | |
53 Sale of aerosol paint to children | |
(1) A person commits an offence if he sells an aerosol paint container to a person | |
under the age of eighteen. | 10 |
(2) In subsection (1) “aerosol paint container” means a device which— | |
(a) contains paint stored under pressure, and | |
(b) is designed to permit the release of the paint as a spray. | |
(3) A person guilty of an offence under this section shall be liable on summary | |
conviction to a fine not exceeding level 4 on the standard scale. | 15 |
(4) It is a defence for a person charged with an offence under this section in respect | |
of a sale to prove that— | |
(a) he took all reasonable steps to determine the purchaser’s age, and | |
(b) he reasonably believed that the purchaser was not under the age of | |
eighteen. | 20 |
(5) It is a defence for a person charged with an offence under this section in respect | |
of a sale effected by another person to prove that he (the defendant) took all | |
reasonable steps to avoid the commission of an offence under this section. | |
Waste and litter | |
54 Unlawfully deposited waste etc | 25 |
(1) The Control of Pollution (Amendment) Act 1989 (c. 14) is amended in | |
accordance with subsections (2) and (3). | |
(2) In subsection (1) of section 7 (further enforcement provisions) for “relevant | |
authority” substitute “waste regulation authority”. | |
(3) After subsection (1) of section 9 (interpretation) insert— | 30 |
“(1A) In sections 5 to 7 above “regulation authority” also means a waste | |
collection authority falling within section 30(3)(a), (b) or (bb) of the | |
Environmental Protection Act 1990.” | |
(4) After section 59 of the Environmental Protection Act 1990 (c. 43) insert— | |
“59A Directions and information in relation to exercise of powers under | 35 |
section 59 | |
(1) The Secretary of State may issue directions setting out categories of | |
waste to which a waste regulation authority or waste collection | |
authority in England and Wales should give priority for the purposes | |
of exercising its powers under section 59 above. | 40 |
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