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 7 — Noise
Chapter 1 — Audible intruder alarms
58

(3)
A person may be nominated as a key-holder in respect of premises under this
section only if—
(a)
he holds keys sufficient to enable him to gain access to the part of the
premises in which the controls for the alarm are situated;
(b)
he normally resides or is situated in the vicinity of the premises;
5
(c)
he has information sufficient to enable him to silence the alarm;
(d)
he agrees to be a nominated key-holder in respect of the premises;
(e)
where the premises are residential premises, he falls within subsection
(4);
(f)
where the premises are non-residential premises, he falls within
10
subsection (5).
(4)
A person falls within this subsection if he is—
(a)
an individual who is not the occupier of the premises, or
(b)
a key-holding company.
(5)
A person falls within this subsection if he is—
15
(a)
an individual who—
(i)
is the responsible person, or
(ii)
is acting on behalf of the responsible person, if the responsible
person is not an individual, or
(b)
a key-holding company.
20
(6)
If the responsible person becomes aware that a person who has been
nominated as a key-holder in respect of premises under this section no longer
satisfies one or more of the requirements in subsection (3), the responsible
person must before the end of the required period nominate another person as
a key-holder in respect of the premises.
25
(7)
The required period for the purposes of subsection (6) is the period of 28 days
starting with the date on which the responsible person becomes aware of that
fact.
(8)
In this section—
“key-holding company” means a body corporate or an unincorporated
30
association—
(a)
the business of which consists of or includes holding keys, and
(b)
which is capable of being contacted at any hour of the day;
“non-residential premises” means premises which are not residential
premises;
35
“residential premises” means premises all or part of which comprise a
dwelling.
73
Offences under section 71: fixed penalty notices
(1)
This section applies if it appears to an authorised officer of a local authority that
a person has committed an offence under section 71(4) in the area of the local
40
authority.
(2)
The officer may give the person a notice offering him the opportunity of
discharging any liability to conviction for the offence by payment of a fixed
penalty.
(3)
If a person is given a notice under this section in respect of an offence—
45

Clean Neighbourhoods and Environment Bill
Part 7 — Noise
Chapter 1 — Audible intruder alarms
59

(a)
no proceedings may be instituted for the offence before the end of the
period of 14 days starting with the day after that on which the notice is
given, and
(b)
he may not be convicted of the offence if he pays the fixed penalty
before the end of that period.
5
(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), proceedings will
10
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)
Payment of the fixed penalty may be made by pre-paying and posting a letter
15
containing the amount of the penalty (in cash or otherwise) to the person
mentioned in subsection (5)(c) at the address so mentioned.
(7)
If a letter is sent in accordance with subsection (6) payment is to be regarded as
having been made at the time at which the letter would be delivered in the
ordinary course of post.
20
(8)
Subsection (6) does not prevent payment of the fixed penalty being made by
another method.
(9)
In any proceedings a certificate which—
(a)
purports to be signed by or on behalf of the chief finance officer of a
local authority, and
25
(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.
(10)
The form of a notice under this section is to be such as the appropriate person
may by order prescribe.
30
(11)
In this section—
“authorised officer”, in relation to a local authority, means—
(a)
an employee of the authority who is authorised in writing by
the authority for the purpose of giving notices under this
section;
35
(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;
(c)
any employee of such a person who is authorised in writing by
the authority for the purpose of giving such notices;
40
“chief finance officer”, in relation to a local authority, is the person having
responsibility for the financial affairs of the authority.
74
Amount of fixed penalty
(1)
This section applies in relation to a penalty payable to a local authority in
pursuance of a notice under section 73.
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Clean Neighbourhoods and Environment Bill
Part 7 — Noise
Chapter 1 — Audible intruder alarms
60

(2)
The amount of the penalty is—
(a)
the amount specified by the local authority in relation to its area, or
(b)
if no amount is so specified, £75.
(3)
The local authority may make provision for treating the penalty as having been
paid if a lesser amount is paid before the end of a period specified by the
5
authority.
(4)
The appropriate person may by regulations make provision in connection with
the powers conferred on local authorities under subsections (2)(a) and (3).
(5)
Regulations under subsection (4) may (in particular)—
(a)
require an amount specified under subsection (2)(a) to fall within a
10
range prescribed in the regulations;
(b)
restrict the extent to which, and the circumstances in which, an
authority can make provision under subsection (3).
(6)
The appropriate person may by order substitute a different amount for the
amount for the time being specified in subsection (2)(b).
15
75
Use of fixed penalty receipts
(1)
A local authority may use any sums it receives in respect of fixed penalties
payable in pursuance of notices given under section 73 (its “penalty receipts”)
only for the purposes of functions of its that are qualifying functions.
(2)
The following are qualifying functions for the purposes of this section—
20
(a)
functions under this Chapter;
(b)
functions under the Noise Act 1996 (c. 37);
(c)
functions under sections 79 to 82 of the Environmental Protection Act
1990 (c. 43) (statutory nuisances) in connection with statutory
nuisances falling with section 79(1)(g) or (ga) (noise) of that Act;
25
(d)
functions of a description specified in regulations made by the
appropriate person.
(3)
Regulations under subsection (2)(d) may (in particular) have the effect that a
local authority may use its penalty receipts for the purposes of any of its
functions.
30
(4)
A local authority must supply the appropriate person with such information
relating to the use of its penalty receipts as the appropriate person may require.
(5)
The appropriate person may by regulations—
(a)
make provision for what a local authority is to do with its penalty
receipts—
35
(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
40
authority’s penalty receipts.
(6)
The provision that may be made under subsection (5)(a)(ii) includes (in
particular) provision for the payment of sums to a person (including the
appropriate person) other than the local authority.

Clean Neighbourhoods and Environment Bill
Part 7 — Noise
Chapter 1 — Audible intruder alarms
61

(7)
Before making regulations under this section the appropriate person must
consult—
(a)
the local authorities to which the regulations are to apply, and
(b)
such other persons as the appropriate person thinks fit.
(8)
The powers to make regulations conferred by this section are, for the purposes
5
of subsection (1) of section 100 of the Local Government Act 2003 (c. 26), to be
regarded as included among the powers mentioned in subsection (2) of that
section.
76
Fixed penalty notices: power to require name and address
(1)
If an authorised officer of a local authority proposes to give a person a notice
10
under section 73, 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 under
subsection (1), or
15
(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.
(4)
“Authorised officer” has the meaning given in section 73.
20
Powers in relation to alarms
77
Power of entry
(1)
This section applies if an authorised officer of a local authority is satisfied that
the conditions in subsection (2) are met in relation to an audible intruder alarm
installed in or on premises in the area of the local authority.
25
(2)
The conditions are—
(a)
that the alarm has been sounding continuously for more than twenty
minutes or intermittently for more than one hour;
(b)
that the sounding of the alarm is likely to give persons living or
working in the vicinity of the premises reasonable cause for annoyance;
30
(c)
if the premises are in an alarm notification area, that reasonable steps
have been taken to get the nominated key-holder to silence the alarm.
(3)
The officer may enter the premises for the purpose of silencing the alarm.
(4)
The officer may not enter premises by force under this section.
(5)
The officer must, if required, show evidence of his authority to act under this
35
section.
(6)
In this section—
“authorised officer” means an officer of a local authority who is
authorised by the authority (generally or specifically) for the purposes
of this section;
40

Clean Neighbourhoods and Environment Bill
Part 7 — Noise
Chapter 1 — Audible intruder alarms
62

“nominated key-holder”, in respect of premises in the area of a local
authority, means a person in respect of whom the authority has
received notification in accordance with section 71(2)(b).
78
Warrant to enter premises by force
(1)
This section applies if, on an application made by an authorised officer of a
5
local authority, a justice of the peace is satisfied—
(a)
that the conditions in section 77(2)(a) and (b) are met in relation to an
audible intruder alarm installed in or on premises in the area of the
local authority,
(b)
if the premises are in an alarm notification area, that the condition in
10
section 77(2)(c) is met, and
(c)
that the officer is unable to gain entry to the premises without the use
of force.
(2)
The justice of the peace may issue a warrant authorising the officer to enter the
premises, using reasonable force if necessary, for the purpose of silencing the
15
alarm.
(3)
Before applying for a warrant under this section, the officer must leave a notice
at the premises stating—
(a)
that the officer is satisfied that the sounding of the alarm is likely to give
persons living or working in the vicinity of the premises reasonable
20
cause for annoyance, and
(b)
that an application is to be made for a warrant authorising the officer to
enter the premises, using reasonable force if necessary, for the purpose
of silencing the alarm.
(4)
The officer must, if required, show evidence of a warrant issued under this
25
section.
(5)
“Authorised officer” has the meaning given in section 77.
79
Powers of entry: supplementary
(1)
This section applies where an officer of a local authority enters any premises
under section 77 or under a warrant issued under section 78.
30
(2)
The officer may take any steps he thinks necessary for the purpose of silencing
the alarm.
(3)
The officer may take with him—
(a)
such other persons, and
(b)
such equipment,
35

as he thinks necessary for the purpose of silencing the alarm.
(4)
The officer and any person who enters the premises with him by virtue of
subsection (3) must not cause more damage to or disturbance at the premises
than is necessary for the purpose of silencing the alarm.
(5)
If the premises are unoccupied or (where the premises are occupied) the
40
occupier of the premises is temporarily absent the officer must—
(a)
leave a notice at the premises stating what action has been taken on the
premises under this section and section 77 or 78;

Clean Neighbourhoods and Environment Bill
Part 7 — Noise
Chapter 1 — Audible intruder alarms
63

(b)
leave the premises (so far as is reasonably practicable) as effectively
secured against entry as he found them.
(6)
But the officer is not required by virtue of subsection (5)(b) to re-set the alarm.
(7)
Any expenses reasonably incurred by the local authority in connection with
entering the premises, silencing the alarm and complying with subsection (5)
5
may be recovered by the authority from the responsible person.
(8)
A warrant under section 78 continues in force until—
(a)
the alarm has been silenced, and
(b)
the officer has complied with subsection (5) (if that subsection applies).
(9)
Nothing done by, or by a member of, a local authority or by an officer of or
10
another person authorised by a local authority, if done in good faith for the
purposes of section 77, 78 or this section, is to subject the authority or any of
those persons personally to any action, liability, claim or demand.
Supplementary
80
Orders and regulations
15
(1)
This section applies to a power conferred on the appropriate person under any
provision of this Chapter to make an order or regulations.
(2)
The power includes—
(a)
power to make different provision for different purposes (including
different provision for different local authorities and descriptions of
20
local authority);
(b)
power to make consequential, supplementary, incidental, transitional
and saving provision.
(3)
The power is exercisable by statutory instrument.
(4)
A statutory instrument containing an order or regulations made by the
25
Secretary of State under any provision of this Chapter is subject to annulment
in pursuance of a resolution of either House of Parliament.
81
Interpretation
(1)
In this Chapter—
“alarm notification area” means an area in respect of which a designation
30
under section 69 has effect;
“the appropriate person” is—
(a)
in relation to a local authority in England, the Secretary of State;
(b)
in relation to a local authority in Wales, the National Assembly
for Wales;
35
“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;
40
(d)
the Common Council of the City of London;
(e)
the Council of the Isles of Scilly;

Clean Neighbourhoods and Environment Bill
Part 7 — Noise
Chapter 2 — General
64

(f)
a county or county borough council in Wales;
“the occupier” in respect of premises means (subject to subsection (2))—
(a)
a person occupying the premises, or
(b)
if the premises are unoccupied, a person entitled to occupy the
premises (other than the owner);
5
“premises” does not include a vehicle;
“the responsible person” in respect of premises means—
(a)
the occupier, or
(b)
if there is no occupier, the owner.
(2)
The fact that a person is occupying premises is to be disregarded for the
10
purposes of this Chapter if—
(a)
the premises comprise a building that is being erected, constructed,
altered, improved, maintained, cleaned or repaired,
(b)
the person is occupying the premises in connection with the erection,
construction, alteration, improvement, maintenance, cleaning or repair,
15
and
(c)
the person is doing so by virtue of a licence granted for less than four
weeks.
Chapter 2
General
20
Noise from premises
82
Noise offences: fixed penalty notices
(1)
In section 8 of the Noise Act 1996 (c. 37) (fixed penalty notices), omit subsection
(8) (amount of fixed penalty).
(2)
After that section insert—
25
“8A
Amount of fixed penalty
(1)
This section applies in relation to a fixed penalty payable to a local
authority in pursuance of a notice under section 8.
(2)
The amount of the fixed penalty—
(a)
is the amount specified by the local authority in relation to the
30
authority’s area, or
(b)
if no amount is so specified, is £100.
(3)
The local 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.
35
(4)
The appropriate person may by regulations make provision in
connection with the powers conferred on local authorities under
subsections (2)(a) and (3).
(5)
Regulations under subsection (4) may (in particular)—
(a)
require an amount specified under subsection (2)(a) to fall
40
within a range prescribed in the regulations;