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Clean Neighbourhoods and Environment Bill


Clean Neighbourhoods and Environment Bill
Part 3 — Litter and refuse

22

 

Consent and conditions

3     (1)  

A principal litter authority may on the application of any person

consent to that person distributing free printed matter on any land

designated by the authority under this Schedule.

      (2)  

Consent under this paragraph may be given without limitation or

5

may be limited—

(a)   

by reference to the material to be distributed;

(b)   

by reference to a particular period, or particular times or

dates;

(c)   

by reference to any part of the designated land;

10

(d)   

to a particular distribution.

      (3)  

A principal litter authority need not give consent under this

paragraph to any applicant where it considers that the proposed

distribution would in all the circumstances be likely to lead to

defacement of the designated land.

15

      (4)  

Consent need not be given to any applicant if within the period of

five years ending on the date of his application—

(a)   

he has been convicted of an offence under paragraph 1 above;

or

(b)   

he has paid a fixed penalty under paragraph 7 below.

20

      (5)  

Consent may be given under this paragraph subject to such

conditions as the authority consider necessary or desirable for—

(a)   

protecting the designated land from defacement; or

(b)   

the effective operation and enforcement of this Schedule.

      (6)  

The conditions which may be imposed by a principal litter authority

25

under this paragraph include conditions requiring any person

distributing printed matter pursuant to consent given under this

paragraph to produce on demand written evidence of the consent to

an authorised officer of the authority.

      (7)  

Consent given by a principal litter authority under this paragraph

30

may at any time be revoked (entirely or to any extent) by notice to the

person to whom it was given, where—

(a)   

he has failed to comply with any condition subject to which it

was given; or

(b)   

he is convicted of an offence under paragraph 1 above or pays

35

a fixed penalty under paragraph 7 below.

      (8)  

Any condition imposed under this paragraph in relation to any

consent may be varied or revoked by notice given to the person to

whom the consent was given.

Fees

40

4     (1)  

A principal litter authority may require the payment of a fee before

giving consent under paragraph 3 above.

      (2)  

The amount of a fee under this paragraph is to be such as the

authority may determine, but may not be more than, when taken

together with all other fees charged by the authority under this

45

 
 

Clean Neighbourhoods and Environment Bill
Part 3 — Litter and refuse

23

 

paragraph, is reasonable to cover the costs of operating and

enforcing this Schedule.

Appeals

5     (1)  

Any person aggrieved by a decision of a principal litter authority

under paragraph 3 above—

5

(a)   

to refuse consent,

(b)   

to impose any limitation or condition subject to which

consent is given,

(c)   

to revoke consent (or to revoke it to any extent),

           

may appeal against the decision to a magistrates’ court.

10

      (2)  

A magistrates’ court may on an appeal under this paragraph—

(a)   

uphold any refusal of consent or require the authority to

grant consent (without limitation or condition or subject to

any limitation or condition);

(b)   

require the authority to revoke or vary any condition;

15

(c)   

uphold or quash revocation of consent (or uphold or quash

revocation to any extent).

Seizure of material

6     (1)  

Where it appears to an authorised officer of a principal litter

authority that a person distributing any printed matter is committing

20

an offence under paragraph 1 above, he may seize all or any of it.

      (2)  

Any person claiming to own any printed matter seized under this

paragraph may apply to a magistrates’ court for an order that the

printed matter be released to him.

      (3)  

On an application under sub-paragraph (2) above, if the magistrates’

25

court considers that the applicant does own the printed matter, the

court shall order the principal litter authority to release it to him,

except to the extent that the court considers that the authority needs

to retain it for the purposes of proceedings relating to an offence

under paragraph 1 above.

30

      (4)  

Any printed matter seized under this paragraph (and not released

under sub-paragraph (3) above) must be returned to the person from

whom it is seized—

(a)   

at the conclusion of proceedings for the offence (unless the

court orders otherwise);

35

(b)   

at the end of the period in which proceedings for the offence

may be instituted, if no such proceedings have been

instituted in that period (or have been instituted but

discontinued).

      (5)  

Where it is not possible to return any printed matter under sub-

40

paragraph (4) above because the name and address of the person

from whom it was seized are not known, a principal litter authority

may dispose of or destroy it.

 
 

Clean Neighbourhoods and Environment Bill
Part 3 — Litter and refuse

24

 

Fixed penalty notices

7     (1)  

This paragraph applies where on any occasion it appears to an

authorised officer of a principal litter authority that a person has

committed an offence under paragraph 1 above on any land

designated by the authority under this Schedule.

5

      (2)  

The authorised officer may give that person a notice offering him the

opportunity of discharging any liability to conviction for the offence

by payment of a fixed penalty to the principal litter authority.

      (3)  

Subsections (2) to (5) of section 88 above apply to in relation to

notices given under this paragraph as they apply to notices under

10

that section.

      (4)  

The amount of the fixed penalty payable to a principal litter

authority under this paragraph—

(a)   

is the amount specified by the authority in relation to its area;

or

15

(b)   

if no amount is so specified, is £75.

      (5)  

The principal litter authority to which a fixed penalty is payable

under this paragraph may make provision for treating it as having

been paid if a lesser amount is paid before the end of a period

specified by the authority.

20

      (6)  

In any proceedings a certificate which—

(a)   

purports to be signed on behalf of the chief finance officer of

a principal litter authority, and

(b)   

states that payment of a fixed penalty was or was not

received by a date specified in the certificate,

25

           

is evidence of the facts stated.

      (7)  

If an authorised officer of a principal litter authority proposes to give

a person a notice under this paragraph, the officer may require the

person to give him his name and address.

      (8)  

A person commits an offence if—

30

(a)   

he fails to give his name and address when required to do so

under sub-paragraph (7) above; or

(b)   

he gives a false or inaccurate name or address in response to

a requirement under that sub-paragraph.

      (9)  

A person guilty of an offence under sub-paragraph (8) above is liable

35

on summary conviction to a fine not exceeding level 3 on the

standard scale.

     (10)  

In this paragraph, “chief finance officer”, in relation to a principal

litter authority, means the person having responsibility for the

financial affairs of that authority.

40

Supplementary

8          

In this Schedule “authorised officer”, in relation to a principal litter

authority, means—

 
 

Clean Neighbourhoods and Environment Bill
Part 3 — Litter and refuse

25

 

(a)   

an employee of the authority who is authorised in writing by

the authority for the purpose of giving notices under

paragraph 7 above;

(b)   

any person who, in pursuance of arrangements made with

the authority, has the function of giving such notices and is

5

authorised in writing by the authority to perform that

function; and

(c)   

any employee of such a person who is authorised in writing

by the authority for the purpose of giving such notices.”

General

10

24      

Fixed penalty notices: common provision

After section 97 of the Environmental Protection Act 1990 (c. 43) insert—

“97A    

Fixed penalty notices: supplementary

(1)   

The appropriate person may by regulations make provision in

connection with the powers conferred under—

15

(a)   

section 88(6A)(a) and (7) above;

(b)   

section 94A(4)(a) and (5) above;

(c)   

paragraph 7(4)(a) and (5) of Schedule 3A.

(2)   

Regulations under subsection (1) may (in particular)—

(a)   

require an amount specified under section 88(6A)(a), 94A(4)(a)

20

or paragraph 7(4)(a) of Schedule 3A to fall within a range

prescribed in the regulations;

(b)   

restrict the extent to which, and the circumstances in which, an

authority can make provision under section 88(7), 94A(5) or

paragraph 7(5) of Schedule 3A.

25

(3)   

The appropriate person may by order substitute a different amount for

the amount for the time being specified in section 88(6A)(b), 94A(4)(b)

or paragraph 7(4)(b) of Schedule 3A.

(4)   

Regulations or an order under this section may make different

provision for different purposes.”

30

25      

Exclusion of liability

In the Environmental Protection Act 1990, after section 97A (as inserted by

section 24 above) insert—

“97B    

Exclusion of liability

(1)   

None of the persons mentioned in subsection (2) below is to have any

35

liability to an occupier or owner of land for damages or otherwise

(whether at common law or otherwise) arising out of anything done or

omitted to be done in the exercise or purported exercise of the power in

section 92(9), 92A(9) or 92C(3) above.

(2)   

Those persons are—

40

(a)   

the principal litter authority and any employee of the authority;

and

 
 

Clean Neighbourhoods and Environment Bill
Part 4 — Graffiti and other defacement

26

 

(b)   

in the case of the power in section 92C(3) above, any person

authorised by the authority under that provision and the

employer or any employee of that person.

(3)   

Subsection (1) above does not apply—

(a)   

if the act or omission is shown to be in bad faith;

5

(b)   

to liability arising out of a failure to exercise due care and

attention;

(c)   

so as to prevent an award of damages in respect of an act or

omission on the ground that the act or omission was unlawful

by virtue of section 6(1) of the Human Rights Act 1998.

10

(4)   

This section does not affect any other exemption from liability (whether

at common law or otherwise).”

26      

“Appropriate person”

In section 98 of the Environmental Protection Act 1990 (c. 43) (definitions), after

subsection (1) insert—

15

“(1A)   

“Appropriate person” means—

(a)   

in relation to England, the Secretary of State;

(b)   

in relation to Wales, the National Assembly for Wales.”

27      

“Litter”

In section 98 of the Environmental Protection Act 1990 (definitions), after

20

subsection (5) insert—

“(5A)   

“Litter” includes—

(a)   

the discarded ends of cigarettes, cigars and like products, and

(b)   

discarded chewing-gum and the discarded remains of other

products designed for chewing.”

25

Part 4

Graffiti and other defacement

Graffiti and fly-posting

28      

Fixed penalty notices: amount of fixed penalty

(1)   

In section 43 of the Anti-social Behaviour Act 2003 (c. 38) (penalty notices for

30

graffiti and fly-posting) omit subsections (10) and (11).

(2)   

After that section insert—

“43A    

Amount of penalty

(1)   

The amount of a penalty payable in pursuance of a notice under section

43(1)—

35

(a)   

is the amount specified by a relevant local authority in relation

to its area (whether or not the penalty is payable to that or

another authority), or

(b)   

if no amount is so specified, is £75.

 
 

Clean Neighbourhoods and Environment Bill
Part 4 — Graffiti and other defacement

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(2)   

In subsection (1)(a), “relevant local authority” means—

(a)   

a district council in England;

(b)   

a county council in England for an area for which there is no

district council;

(c)   

a London borough council;

5

(d)   

the Common Council of the City of London;

(e)   

the Council of the Isles of Scilly;

(f)   

a county or county borough council in Wales.

(3)   

The local authority to which a penalty is payable in pursuance of a

notice under section 43(1) may make provision for treating it as having

10

been paid if a lesser amount is paid before the end of a period specified

by the authority.

(4)   

The appropriate person may by regulations make provision in

connection with the powers conferred under subsections (1)(a) and (3).

(5)   

Regulations under subsection (4) may (in particular)—

15

(a)   

require an amount specified under subsection (1)(a) to fall

within a range prescribed in the regulations;

(b)   

restrict the extent to which, and the circumstances in which, a

local authority can make provision under subsection (3).

(6)   

The appropriate person may by order substitute a different amount for

20

the amount for the time being specified in subsection (1)(b).”

29      

Fixed penalty notices: power to require name and address

After section 43A of the Anti-social Behaviour Act 2003 (c. 38) (as inserted by

section 28 above) insert—

“43B    

Penalty notices: power to require name and address

25

(1)   

If an authorised officer of a local authority proposes to give a person a

notice under section 43(1), the officer may require the person to give

him his name and address.

(2)   

A person commits an offence if—

(a)   

he fails to give his name and address when required to do so

30

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.”

35

30      

Fixed penalty notices: authorised officers

(1)   

In section 47 of the Anti-social Behaviour Act 2003 (c. 38) (interpretation etc),

in subsection (1), for the definition of “authorised officer” substitute—

““authorised officer”, in relation to a local authority, means—

(a)   

an employee of the authority who is authorised in

40

writing by the authority for the purpose of giving

notices under section 43(1);

 
 

Clean Neighbourhoods and Environment Bill
Part 4 — Graffiti and other defacement

28

 

(b)   

any person who, in pursuance of arrangements made

with the authority, has the function of giving such

notices and is authorised in writing by the authority to

perform that function; and

(c)   

any employee of such a person who is authorised in

5

writing by the authority for the purpose of giving such

notices,”.

(2)   

In that section, at the end insert—

“(4)   

The appropriate person may by regulations prescribe conditions to be

satisfied by a person before a parish or community council may

10

authorise him in writing for the purpose of giving notices under section

43(1).”

31      

Extension of graffiti removal notices to fly-posting

(1)   

Section 48 of the Anti-social Behaviour Act 2003 (c. 38) (graffiti removal

notices) is amended as follows.

15

(2)   

In subsection (1)(a) (section to apply where a relevant surface has been defaced

by graffiti), after “graffiti” insert “or fly-posting (or both)”.

(3)   

In subsection (12) (definitions), at the appropriate place insert—

““fly-posting” means any poster or flyer designed for the purposes

of advertising, announcement or direction which is affixed

20

without authorisation to any surface,”.

32      

Sale of aerosol paint to children

In the Anti-social Behaviour Act 2003 (c. 38), after section 54 (sale of aerosol

paint to children) insert—

“54A    

Enforcement of section 54

25

(1)   

It is the duty of every local weights and measures authority—

(a)   

to consider, at least once in every period of twelve months, the

extent to which it is appropriate for the authority to carry out in

their area a programme of enforcement action in relation to

section 54; and

30

(b)   

to the extent that they consider it appropriate to do so, carry out

such a programme.

(2)   

For the purposes of subsection (1), a programme of enforcement action

in relation to section 54 is a programme involving all or any of the

following—

35

(a)   

the bringing of prosecutions in respect of offences under that

section;

(b)   

the investigation of complaints in respect of alleged offences

under that section;

(c)   

the taking of other measures intended to reduce the incidence of

40

offences under that section.”

 
 

 
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