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)
“(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
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
(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
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
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
with or without modification or exception in relation to
anything added to subsection (1) of section 5 by the
(b) may impose conditions in respect of any application,
modification or exception provided for by the order
(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,
(d) may confer a function on the Secretary of State or
another specified person, and
(e) may make transitional, consequential or incidental
45 Closure of noisy premises
(1) The chief executive officer of the relevant local authority may make a closure
order in relation to premises to which this section applies if he reasonably
(a) a public nuisance is being caused by noise coming from the premises,
(b) the closure of the premises is necessary to prevent that nuisance.
(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—
(a) does not exceed 24 hours, and
(b) begins when a manager of the premises receives written notice of the
(4) A person commits an offence if without reasonable excuse he permits premises
to be open in contravention of a closure order.
(5) A person guilty of an offence under this section shall be liable on summary
(a) imprisonment for a term not exceeding three months,
(b) a fine not exceeding £20,000, or
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
(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.
(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
executive officer includes a reference to a belief of a person authorised
under this subsection.
(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
authorised by the authority for the purpose of exercising a statutory
function in relation to pollution of the environment or harm to human
“licensing authority” has the same meaning as in the Licensing Act 2003,
“manager” in relation to premises means—
(a) a person who holds a premises licence in respect of the
(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
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
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
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—
“1 Application of sections 2 to 9
Sections 2 to 9 apply to the area of every local authority in England and
(3) For section 2(1) (local authority under duty to investigate complaint of noise
from dwelling at night) substitute—
“(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.
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
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
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
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
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.
(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
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
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.
(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.
(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
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
on, or the soiling, marking or other defacing of, any property by
(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,
(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
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
section 48(1) was or was not received by a date specified in the
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
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
(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
(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.
(7) The appropriate person may by regulations—
(a) make provision for what a local authority is to do with its penalty
(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.
(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
(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
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
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
(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”.
(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,
“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
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).
(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),
(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.
(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.
(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
(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
(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—
“(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
(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.