Clean Neighbourhoods and Environment Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Clean Neighbourhoods and Environment Bill

Clean Neighbourhoods and Environment Bill
Part 1 — Crime and disorder
1

A
Bill
To
Amend section 6 of the Crime and Disorder Act 1998; to make provision for
the gating of certain minor highways; to make provision in relation to vehicles
parked on roads that are exposed for sale or being repaired; to make provision
in relation to abandoned vehicles and the removal and disposal of vehicles; to
make provision relating to litter and refuse, graffiti, fly-posting and the
display of advertisements; to make provision relating to the transportation,
collection, disposal and management of waste; to make provision relating to
the control of dogs and to amend the law relating to stray dogs; to make
provision in relation to noise; to provide for the Commission for Architecture
and the Built Environment and for the making of grants relating to the quality
of the built environment; to amend the law relating to abandoned shopping
and luggage trolleys; to amend the law relating to statutory nuisances; to
amend section 78L of the Environmental Protection Act 1990; to amend the
law relating to offences under Schedule 1 to the Pollution Prevention and
Control Act 1999; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Crime and disorder
1
Crime and disorder reduction strategies
In section 6 of the Crime and Disorder Act 1998 (c. 37) (formulation and
implementation of crime and disorder reduction strategies), in subsection
5
(2)(a) (reviews), in each of sub-paragraphs (i) and (ii) after “crime and disorder
in the area” insert “(including anti-social and other behaviour adversely
affecting the local environment)”.

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Clean Neighbourhoods and Environment Bill
Part 1 — Crime and disorder
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2
Gating orders
In the Highways Act 1980 (c. 66), after section 129 insert—
“Part 8A
Restriction of rights over highway
129A
Gating orders
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(1)
A council may in accordance with this Part make an order under this
section in relation to any relevant highway for which they are the
highway authority.
(2)
An order under this section is to be known as a “gating order”.
(3)
Before making a gating order in relation to a relevant highway the
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council must be satisfied that—
(a)
premises adjoining or adjacent to the highway are affected by
crime or anti-social behaviour;
(b)
the existence of the highway is facilitating the persistent
commission of criminal offences or anti-social behaviour; and
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(c)
it is in all the circumstances expedient to make the order for the
purposes of reducing crime or anti-social behaviour.
(4)
The circumstances referred to in subsection (3)(c) include—
(a)
the likely effect of making the order on the occupiers of
premises adjoining or adjacent  to the highway;
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(b)
the likely effect of making the order on other persons in the
locality; and
(c)
in a case where the highway constitutes a through route, the
availability of a reasonably convenient alternative route.
(5)
In this section “relevant highway” means a highway other than—
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(a)
a special road;
(b)
a trunk road;
(c)
a classified or principal road;
(d)
a strategic road, within the meaning of sections 60 and 61 of the
Traffic Management Act 2004 (strategic roads in London);
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(e)
a highway of such other description as the appropriate person
may by regulations prescribe.
129B
Effect of gating orders
(1)
A gating order restricts, to the extent specified in the order, the public
right of way over the highway to which it relates.
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(2)
A gating order may in particular—
(a)
restrict the public right of way at all times, or in respect of such
times, days or periods as may be specified in the order;
(b)
exclude persons of a description specified in the order from the
effect of the restriction.
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(3)
A gating order may not be made so as to restrict the public right of way
over a highway for the occupiers of premises adjoining or adjacent to
the highway.

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Part 1 — Crime and disorder
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(4)
A gating order may not be made so as to restrict the public right of way
over a highway which is the only or principal means of access to any
dwelling.
(5)
In relation to a highway which is the only or principal means of access
to any premises used for business or recreational purposes, a gating
5
order may not be made so as to restrict the public right of way over the
highway during periods when those premises are normally used for
those purposes.
(6)
A gating order may authorise the installation, operation and
maintenance of a barrier or barriers for the purpose of enforcing the
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restriction provided for in the order.
(7)
A council may install, operate and maintain any barrier authorised
under subsection (6).
(8)
A highway in relation to which a gating order is made shall not cease
to be regarded as a highway by reason of the restriction of the public
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right of way under the order (or by reason of any barrier authorised
under this section).
(9)
In subsection (4) “dwelling” means any building or part of a building
occupied, or intended to be occupied, as a separate dwelling.
129C
Procedure for gating orders
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(1)
Before making a gating order in relation to a highway a council must
notify the occupiers of premises adjacent to or adjoining the highway,
in such manner as the appropriate person may by regulations
prescribe, of—
(a)
the proposed order; and
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(b)
the period within which they may make representations about
it.
(2)
The appropriate person must by regulations make provision as to
further procedure to be complied with by a council in relation to the
making of a gating order.
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(3)
Regulations under subsection (2) must include provision as to—
(a)
the publication of a proposed order;
(b)
public availability of copies of a proposed order;
(c)
notification of persons (other than those referred to in
subsection (1)) likely to be affected by a proposed order;
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(d)
the making of representations about a proposed order.
(4)
Regulations under subsection (2) may include provision—
(a)
requiring a council to hold a public inquiry in such
circumstances as may be specified in the regulations;
(b)
permitting a council to hold a public inquiry at their discretion
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in such circumstances as may be so specified.
(5)
The appropriate person may by regulations specify requirements as to
form and content with which a gating order must comply.

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129D
Validity of gating orders
(1)
A person may apply to the High Court for the purpose of questioning
the validity of a gating order on the ground that—
(a)
the council had no power to make it; or
(b)
any requirement under this Part was not complied with in
5
relation to it.
(2)
An application under this section must be made within a period of six
weeks beginning with the date on which the gating order is made.
(3)
On an application under this section the High Court may by order
suspend the operation of the gating order, or any of its provisions, until
10
the final determination of the proceedings.
(4)
If on an application under this section the High Court is satisfied that—
(a)
the council had no power to make the order, or
(b)
the interests of the applicant have been substantially prejudiced
by any failure to comply with a requirement under this Part,
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the High Court may quash the order or any of its provisions.
(5)
A gating order, or any of its provisions, may be suspended under
subsection (3) or quashed under subsection (4)—
(a)
generally; or
(b)
so far as may be necessary for the protection of the interests of
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the applicant.
(6)
Except as provided for by this section, a gating order may not, either
before or after it has been made, be questioned in any legal
proceedings.
129E
Publication and availability of gating orders
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(1)
The appropriate person may by regulations make provision imposing
requirements on councils in relation to—
(a)
the publication of gating orders;
(b)
public availability of copies of gating orders;
(c)
the keeping and inspection of registers of gating orders.
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(2)
Regulations under subsection (1)(b) may provide that a council need
not provide a person with a copy of a gating order otherwise than on
payment of a reasonable charge.
129F
Variation and revocation of gating orders
(1)
A council may vary a gating order made by them so as further to restrict
35
any public right of way over the highway to which the order relates, if
they are satisfied that in all the circumstances it is expedient to do so for
the purpose of reducing crime or anti-social behaviour.
(2)
A council may vary a gating order made by them so as to reduce the
restriction imposed by the order, if and to the extent that they are
40
satisfied that the restriction is no longer expedient in all the
circumstances for the purpose of reducing crime or anti-social
behaviour.
(3)
A council may revoke a gating order made by them, if they are satisfied
that the restriction imposed by the order is no longer expedient in all
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Part 2 — Vehicles
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the circumstances for the purpose of reducing crime or anti-social
behaviour.
(4)
Before varying or revoking a gating order in relation to a highway a
council must notify the occupiers of premises adjacent to or adjoining
the highway, in such manner as the appropriate person may by
5
regulations prescribe, of—
(a)
the proposed variation or revocation; and
(b)
the period within which they may make representations about
it.
(5)
The appropriate person must by regulations make further provision as
10
to the procedure to be followed by a council in relation to the variation
or revocation of a gating order.
(6)
Regulations under subsection (5) must include provision as to—
(a)
publication of any proposed variation or revocation;
(b)
notification of persons (other than those referred to in
15
subsection (4)) likely to be affected by a proposed variation or
revocation;
(c)
the making of representations about a proposed variation or
revocation.
(7)
Regulations under subsection (5) may include provision—
20
(a)
requiring a council to hold a public inquiry in such
circumstances as may be specified in the regulations;
(b)
permitting a council to hold a public inquiry at their discretion
in such circumstances as may be so specified.
129G
Interpretation
25
For the purposes of this Part—
“anti-social behaviour” means behaviour by a person which
causes or is likely to cause harassment, alarm or distress to one
or more other persons not of the same household as himself;
“appropriate person” means—
30
(a)
the Secretary of State, in relation to England;
(b)
the National Assembly for Wales, in relation to Wales.”
Part 2
Vehicles
Nuisance parking offences
35
3
Exposing vehicles for sale on a road
(1)
A person is guilty of an offence if at any time—
(a)
he leaves two or more motor vehicles parked on the same road where
they are exposed or advertised for sale, or
(b)
he causes two or more motor vehicles to be so left.
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(2)
A person is not to be convicted of an offence under subsection (1) if he proves
to the satisfaction of the court that he was not acting for the purposes of a
business of selling motor vehicles.

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(3)
A person guilty of an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
(4)
In this section—
“motor vehicle” has the same meaning as in the Refuse Disposal
(Amenity) Act 1978 (c. 3);
5
“road” has the same meaning as in the Road Traffic Regulation Act 1984
(c. 27).
4
Repairing vehicles on a road
(1)
A person who carries out restricted works on a motor vehicle on a road is guilty
of an offence, subject as follows.
10
(2)
For the purposes of this section “restricted works” means—
(a)
works for the repair, maintenance, servicing, improvement or
dismantling of a motor vehicle or of any part of or accessory to a motor
vehicle;
(b)
works for the installation, replacement or renewal of any such part or
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accessory.
(3)
A person is not to be convicted of an offence under this section in relation to
any works if he proves to the satisfaction of the court that the works were not
carried out—
(a)
in the course of, or for the purposes of, a business of carrying out
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restricted works; or
(b)
for gain or reward.
(4)
Subsection (3) does not apply where the carrying out of the works gave
reasonable cause for annoyance to persons in the vicinity.
(5)
A person is also not to be convicted of an offence under this section in relation
25
to any works if he proves to the satisfaction of the court that the works carried
out were works of repair which—
(a)
arose from an accident or breakdown in circumstances where repairs
on the spot or elsewhere on the road were necessary; and
(b)
were carried out within 72 hours of the accident or breakdown or were
30
within that period authorised to be carried out at a later time by the
local authority for the area.
(6)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
(7)
In this section—
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“motor vehicle” has the same meaning as in the Refuse Disposal
(Amenity) Act 1978;
“road” has the same meaning as in the Road Traffic Regulation Act 1984;
“local authority” has the meaning given in section 9.
5
Liability of directors etc
40
(1)
Where an offence under section 3 or 4 committed by a body corporate is proved
to have been committed with the consent or connivance of, or to have been
attributable to any neglect on the part of—

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Part 2 — Vehicles
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(a)
any director, manager, secretary or other similar officer of the body
corporate, or
(b)
a person who was purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be
proceeded against and punished accordingly.
5
(2)
Where the affairs of a body corporate are managed by its members, subsection
(1) applies in relation to the acts or defaults of a member in connection with his
functions of management as if he were a director of the body.
Nuisance parking offences: fixed penalty notices
6
Power to give fixed penalty notices
10
(1)
Where on any occasion an authorised officer of a local authority has reason to
believe that a person has committed an offence under section 3 or 4 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 that offence by
payment of a fixed penalty to the local authority.
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(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 that period.
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(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), proceedings will
25
not be taken for the offence;
(b)
the amount of the fixed penalty; and
(c)
the person to whom and the address at which the fixed penalty may be
paid.
(5)
Without prejudice to payment by any other method, payment of the fixed
30
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) at the address so mentioned.
(6)
Where a letter is sent in accordance with subsection (5) payment is to be
regarded as having been made at the time at which that letter would be
35
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), £100.
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(9)
The appropriate person may by order substitute a different amount for the
amount for the time being specified in subsection (8).