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 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);
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(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.
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      (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,
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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
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(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
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(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
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(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.”