|
| |
|
(3) | A person may be nominated as a key-holder in respect of premises under this |
| |
| |
(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 |
| |
| |
(f) | where the premises are non-residential premises, he falls within |
| 10 |
| |
(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 |
| |
(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 |
| |
| |
| |
“key-holding company” means a body corporate or an unincorporated |
| 30 |
| |
(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 |
| |
| 35 |
“residential premises” means premises all or part of which comprise a |
| |
| |
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 |
| |
(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 |
| |
| |
(3) | If a person is given a notice under this section in respect of an offence— |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 20 |
(8) | Subsection (6) does not prevent payment of the fixed penalty being made by |
| |
| |
(9) | In any proceedings a certificate which— |
| |
(a) | purports to be signed by or on behalf of the chief finance officer of a |
| |
| 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 |
| |
| 30 |
| |
“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 |
| |
| 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. |
| 45 |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| 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. |
| |
|
| |
|
| |
|
(7) | Before making regulations under this section the appropriate person must |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(2) | A person commits an offence if— |
| |
(a) | he fails to give his name and address when required to do so under |
| |
| 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 |
| |
| |
(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 |
| |
(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 |
| |
| |
“authorised officer” means an officer of a local authority who is |
| |
authorised by the authority (generally or specifically) for the purposes |
| |
| 40 |
|
| |
|
| |
|
“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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(3) | Before applying for a warrant under this section, the officer must leave a notice |
| |
| |
(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 |
| |
(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 |
| |
| |
(4) | The officer must, if required, show evidence of a warrant issued under this |
| 25 |
| |
(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 |
| |
| |
(3) | The officer may take with him— |
| |
(a) | such other persons, and |
| |
| 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; |
| |
|
| |
|
| |
|
(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. |
| |
| |
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. |
| |
| |
(a) | power to make different provision for different purposes (including |
| |
different provision for different local authorities and descriptions of |
| 20 |
| |
(b) | power to make consequential, supplementary, incidental, transitional |
| |
| |
(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. |
| |
| |
| |
“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 |
| |
| 35 |
| |
(a) | a district council in England; |
| |
(b) | a county council in England for an area for which there is no |
| |
| |
(c) | a London borough council; |
| 40 |
(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; |
| |
“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— |
| |
| |
(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 |
| |
(c) | the person is doing so by virtue of a licence granted for less than four |
| |
| |
| |
| 20 |
| |
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 |
| |
(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; |
| |
|
| |
|