Clean Neighbourhoods and Environment Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Clean Neighbourhoods and Environment Bill

Clean Neighbourhoods and Environment Bill
Part 5 — Waste
Chapter 2 — Deposit and disposal of waste
44

(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 waste collection authority.
(3)
Where a person is given a notice under this section in respect of an
offence—
5
(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.
10
(4)
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.
(5)
A notice under this section must also state—
(a)
the period during which, by virtue of subsection (3) above,
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proceedings will 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.
(6)
Without prejudice to payment by any other method, payment of the
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fixed 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 (5)(c) above at the address so
mentioned.
(7)
Where a letter is sent in accordance with subsection (6) above payment
25
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)
The form of a notice under this section is to be such as the appropriate
person may by order prescribe.
(9)
In any proceedings a certificate which—
30
(a)
purports to be signed on behalf of the chief finance officer of the
waste collection authority, and
(b)
states that payment of a fixed penalty was or was not received
by a date specified in the certificate,

is evidence of the facts stated.
35
(10)
In this section—
“authorised officer”, in relation to a waste collection authority,
means—
(a)
an employee of the authority who is authorised in
writing by the authority for the purposes of giving
40
notices under this section;
(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;
45
(c)
any employee of such a person who is authorised in
writing by the authority for the purpose of giving such
notices;

Clean Neighbourhoods and Environment Bill
Part 5 — Waste
Chapter 2 — Deposit and disposal of waste
45

“chief finance officer”, in relation to a waste collection authority,
means the person having responsibility for the financial affairs
of the authority.
47ZB
Amount of fixed penalty under section 47ZA
(1)
This section applies in relation to a fixed penalty payable to a waste
5
collection authority in pursuance of a notice under section 47ZA above.
(2)
The amount of the fixed penalty—
(a)
is the amount specified by the waste collection authority in
relation to the authority’s area, or
(b)
if no amount is so specified, is £100.
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(3)
The waste collection authority may make provision for treating the
fixed penalty as having 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 on waste collection authorities
15
under subsections (2)(a) and (3) above.
(5)
Regulations under subsection (4) may (in particular)—
(a)
require an amount specified under subsection (2)(a) above to
fall within a range prescribed in the regulations;
(b)
restrict the extent to which, and the circumstances in which, a
20
waste collection authority can make provision under subsection
(3) above.
(6)
The appropriate person may by order substitute a different amount for
the amount for the time being specified in subsection (2)(b) above.”
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Payments for waste recycling and disposal
25
(1)
Section 52 of the Environmental Protection Act 1990 (c. 43) (payments for
recycling and disposal etc of waste) is amended as follows.
(2)
In subsection (1) after “so retained” insert—
“(a)
in the case of a waste disposal authority in England, of such
amounts as may be determined in accordance with regulations
30
made by the Secretary of State; and
(b)
in the case of a waste disposal authority in Wales”.
(3)
After subsection (1) insert—
“(1A)
The Secretary of State may by order disapply subsection (1) above in
relation to any waste disposal authority constituted under section 10 of
35
the Local Government Act 1985 (joint arrangements for waste disposal
in London and metropolitan counties).”
(4)
After subsection (1A) (as inserted by subsection (3) above) insert—
“(1B)
A waste disposal authority is not required to make payments to a waste
collection authority under subsection (1) above where, on the basis of
40
arrangements involving the two authorities, the waste collection
authority has agreed that such payments need not be made.”

Clean Neighbourhoods and Environment Bill
Part 5 — Waste
Chapter 2 — Deposit and disposal of waste
46

(5)
In subsection (2) after “so collected” insert—
“(a)
in the case of a waste collection authority in England, of such
amounts as may be determined in accordance with regulations
made by the Secretary of State; and
(b)
in the case of a waste collection authority in Wales”.
5
(6)
In subsection (3) after “so collected” insert—
“(a)
in the case of a waste disposal authority in England, of such
amounts as may be determined in accordance with regulations
made by the Secretary of State; and
(b)
in the case of a waste disposal authority in Wales”.
10
(7)
In subsection (4) after “so collected” insert—
“(a)
in the case of a waste collection authority in England, of such
amounts as may be determined in accordance with regulations
made by the Secretary of State; and
(b)
in the case of a waste collection authority in Wales”.
15
(8)
After subsection (8) insert—
“(8A)
The Secretary of State may give guidance—
(a)
to a waste disposal authority in England, for the purposes of
determining whether to exercise the power in subsection (3)
above;
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(b)
to a waste collection authority in England, for the purposes of
determining whether to exercise the power in subsection (4)
above.”
(9)
At the end insert—
“(12)
In this section, references to recycling waste include re-using it
25
(whether or not the waste is subjected to any process).”
50
Power to require owner of land to remove waste
(1)
In section 59 of the Environmental Protection Act 1990 (c. 43) (power to require
removal of waste unlawfully deposited), in subsection (7)(b) after “occupier of
the land” insert “or the occupier cannot be found without the authority
30
incurring unreasonable expense”.
(2)
After that section insert—
“59ZA
Section 59: supplementary power in relation to owner of land
(1)
Where the grounds in subsection (2), (3) or (4) below are met, a waste
regulation authority or waste collection authority may, by notice
35
served on him, require the owner of any land in its area to comply with
either or both of the requirements mentioned in subsection (1)(a) and
(b) of section 59 above.
(2)
The grounds in this subsection are that it appears to the authority that
waste has been deposited in or on the land in contravention of section
40
33(1) above and—
(a)
there is no occupier of the land, or
(b)
the occupier cannot be found without the authority incurring
unreasonable expense.

Clean Neighbourhoods and Environment Bill
Part 5 — Waste
Chapter 2 — Deposit and disposal of waste
47

(3)
The grounds in this subsection are that—
(a)
the authority has served a notice under subsection (1) of section
59 above imposing a requirement on the occupier of the land,
(b)
the occupier of the land is not the same person as the owner of
the land, and
5
(c)
the occupier has failed to comply with the requirement
mentioned in paragraph (a) above within the period specified in
the notice.
(4)
The grounds in this subsection are that—
(a)
the authority has served a notice under subsection (1) of section
10
59 above imposing a requirement on the occupier of the land,
(b)
the occupier of the land is not the same person as the owner of
the land, and
(c)
the requirement mentioned in paragraph (a) above has been
quashed on the ground specified in subsection (3)(a) of that
15
section.
(5)
Subsections (2) to (6) of section 59 above apply in relation to
requirements imposed under this section on the owner of the land as
they apply in relation to requirements imposed under that section on
the occupier of the land but as if in subsection (3) there were inserted
20
after paragraph (a)—
“(aa)
in order to comply with the requirement the appellant would
be required to enter the land unlawfully; or”.
(6)
In this section “owner” has the meaning given to it in section 78A(9)
below.”
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Supplementary
51
“Appropriate person”
In section 29 of the Environmental Protection Act 1990 (c. 43), after subsection
(1) insert—
“(1A)
“Appropriate person” means—
30
(a)
in relation to England, the Secretary of State;
(b)
in relation to Wales, the National Assembly for Wales.”
52
Use of fixed penalty receipts
In the Environmental Protection Act 1990, after section 73 insert—
“73A
Use of fixed penalty receipts
35
(1)
The Environment Agency must pay amounts received by it under
section 34A above to the Secretary of State.
(2)
A waste collection authority may use amounts received by it under
section 34A or 47ZA above (its “fixed penalty receipts”) only for the
purposes of—
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(a)
its functions under this Part (including functions relating to the
enforcement of offences under this Part); and

Clean Neighbourhoods and Environment Bill
Part 5 — Waste
Chapter 3 — Site waste
48

(b)
such other of its functions as may be specified in regulations
made by the appropriate person.
(3)
Regulations under subsection (2)(b) above may (in particular) have the
effect that a waste collection authority may use its fixed penalty receipts
for the purposes of any of its functions.
5
(4)
A waste collection authority must supply the appropriate person with
such information relating to its use of its fixed penalty receipts as the
appropriate person may require.
(5)
The appropriate person may by regulations—
(a)
make provision for what a waste collection authority is to do
10
with its fixed penalty receipts—
(i)
pending their being used for the purposes of functions
of the authority referred to in subsection (2) above;
(ii)
if they are not so used before such time after their receipt
as may be specified by the regulations;
15
(b)
make provision for accounting arrangements in respect of a
waste collection authority’s fixed penalty receipts.
(6)
The provision that may be made under subsection (5)(a)(ii) above
includes (in particular) provision for the payment of sums to a person
(including the appropriate person) other than the waste collection
20
authority.
(7)
Before making regulations under this section, the appropriate person
must consult—
(a)
the waste collection authorities to which the regulations are to
apply;
25
(b)
such other persons as the appropriate person thinks fit.
(8)
Regulations under this section may make different provision for
different purposes (including different provision in relation to different
authorities or different descriptions of authority).
(9)
The powers to make regulations conferred by this section are, for the
30
purposes of subsection (1) of section 100 of the Local Government Act
2003, to be regarded as included among the powers mentioned in
subsection (2) of that section.”
53
Supplementary enforcement powers
In section 108 of the Environment Act 1995 (c. 25) (powers of enforcing
35
authorities etc), in subsection (15), in the definition of “pollution control
functions” in relation to a waste collection authority, for “conferred on it by
section 59” substitute “conferred or imposed on it by or under Part 2”.
Chapter 3
Site waste
40
54
Site waste management plans
(1)
The appropriate person may by regulations make provision requiring persons
of a specified description—

Clean Neighbourhoods and Environment Bill
Part 5 — Waste
Chapter 3 — Site waste
49

(a)
to prepare plans for the management and disposal of waste created in
the course of specified descriptions of works involving construction or
demolition;
(b)
to comply with such plans.
(2)
Descriptions of works that may be specified under subsection (1)(a) include in
5
particular description by reference to the cost or likely cost of such works.
(3)
Regulations under this section may make supplementary and incidental
provision, including in particular provision as to—
(a)
the circumstances in which plans must be prepared;
(b)
the contents of plans;
10
(c)
enforcement authorities in relation to plans and the powers of such
authorities;
(d)
the keeping of plans and their production to enforcement authorities;
(e)
offences in relation to a failure to comply with a requirement under the
regulations;
15
(f)
penalties for those offences;
(g)
the discharging of liability for an offence under the regulations by the
payment of a fixed penalty to an enforcement authority;
(h)
the uses to which such payments may be put by enforcement
authorities.
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(4)
Regulations under this section may make different provision for different
purposes.
(5)
Regulations under this section making provision under subsection (3)(h) may
in particular make different provision relating to different enforcement
authorities or different descriptions of enforcement authority (including
25
provision framed by reference to performance categories under section 99(4) of
the Local Government Act 2003 (c. 26)).
(6)
Regulations under this section are to be made by statutory instrument.
(7)
A statutory instrument containing regulations made by the Secretary of State
under this section is subject to annulment in pursuance of a resolution of either
30
House of Parliament.
(8)
The appropriate person may give guidance to persons who are enforcement
authorities under subsection (3)(c) in relation to the powers conferred on them
under that provision.
(9)
In this section—
35
“appropriate person” means—
(a)
in relation to works in England, the Secretary of State;
(b)
in relation to works in Wales, the National Assembly for Wales;
“specified” means specified in regulations under this section.

Clean Neighbourhoods and Environment Bill
Part 6 — Dogs
Chapter 1 — Controls on dogs
50

Part 6
Dogs
Chapter 1
Controls on dogs
Dog control orders
5
55
Power to make dog control orders
(1)
A primary or secondary authority may in accordance with this Chapter make
an order providing for an offence or offences relating to the control of dogs in
respect of any land in its area to which this Chapter applies.
(2)
An order under subsection (1) is to be known as a “dog control order”.
10
(3)
For the purposes of this Chapter an offence relates to the control of dogs if it
relates to one of the following matters—
(a)
fouling of land by dogs and the removal of dog faeces;
(b)
the keeping of dogs on leads;
(c)
the exclusion of dogs from land;
15
(d)
the number of dogs which a person may take on to any land.
(4)
An offence provided for in a dog control order must be an offence which is
prescribed for the purposes of this section by regulations made by the
appropriate person.
(5)
Regulations under subsection (4) may in particular—
20
(a)
specify all or part of the wording to be used in a dog control order for
the purpose of providing for any offence;
(b)
permit a dog control order to specify the times at which, or periods
during which, an offence is to apply;
(c)
provide for an offence to be defined by reference to failure to comply
25
with the directions of a person of a description specified in the
regulations.
(6)
A dog control order may specify the land in respect of which it applies
specifically or by description.
(7)
A dog control order may be revoked or amended by the authority which made
30
it; but this Chapter applies in relation to any amendment of a dog control order
as if it were the making of a new order.
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Dog control orders: supplementary
(1)
The appropriate person must by regulations prescribe the penalties, or
maximum penalties, which may be provided for in a dog control order in
35
relation to any offence.
(2)
Regulations under subsection (1) may not in any case permit a dog control
order to provide for a penalty other than a fine not exceeding level 3 on the