|
| |
|
(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 |
| |
the amount for the time being specified in subsection (2)(b). |
| |
8B | Fixed penalty notices: power to require name and address |
| 5 |
(1) | If an officer of a local authority who is authorised for the purposes of |
| |
section 8 proposes to give a person a fixed penalty notice, 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 |
| 10 |
| |
(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.” |
| 15 |
83 | Noise offences: use of fixed penalty receipts |
| |
(1) | Section 9 of the Noise Act 1996 (c. 37) (fixed penalty notices: supplementary) is |
| |
| |
(2) | In subsection (4A) (qualifying functions for the use of penalty receipts), omit |
| |
“and” at the end of paragraph (a) and after that paragraph insert— |
| 20 |
“(aa) | functions under Chapter 1 of Part 7 of the Clean |
| |
Neighbourhoods and Environment Act 2005; |
| |
(ab) | functions under sections 79 to 82 of the Environmental |
| |
Protection Act 1990 (statutory nuisances) in connection with |
| |
statutory nuisances falling with section 79(1)(g) or (ga) (noise) |
| 25 |
| |
(3) | After subsection (4F) insert— |
| |
“(4G) | The powers to make regulations conferred by this section are, for the |
| |
purposes of subsection (1) of section 100 of the Local Government Act |
| |
2003, to be regarded as included among the powers mentioned in |
| 30 |
subsection (2) of that section. |
| |
(4H) | Regulations under this section relating to local authorities in England |
| |
| |
(a) | make provision in relation to— |
| |
(i) | all local authorities, |
| 35 |
(ii) | particular local authorities, or |
| |
(iii) | particular descriptions of local authority; |
| |
(b) | make different provision in relation to different local authorities |
| |
or descriptions of local authority.” |
| |
84 | Extension of Noise Act 1996 to licensed premises etc |
| 40 |
Schedule 1 (which makes provision amending the Noise Act 1996 so that it |
| |
applies to licensed premises etc) has effect. |
| |
|
| |
|
| |
|
85 | Noise Act 1996: supplementary |
| |
(1) | Section 11 of the Noise Act 1996 (c. 37) (interpretation and subordinate |
| |
legislation) is amended as follows. |
| |
(2) | After subsection (2) insert— |
| |
“(2A) | In this Act “appropriate person” means— |
| 5 |
(a) | the Secretary of State, in relation to England; |
| |
(b) | the National Assembly for Wales, in relation to Wales.” |
| |
(3) | In subsection (3), after “section 14” insert “or an order or regulations made |
| |
solely by the National Assembly for Wales”. |
| |
Statutory noise nuisances |
| 10 |
86 | Deferral of duty to serve abatement notice |
| |
In section 80 of the Environmental Protection Act 1990 (c. 43) (summary |
| |
proceedings for statutory nuisances), at the beginning of subsection (1) insert |
| |
“Subject to subsection (2A)” and after subsection (2) insert— |
| |
“(2A) | Where a local authority is satisfied that a statutory nuisance falling |
| 15 |
within paragraph (g) of section 79(1) above exists, or is likely to occur |
| |
or recur, in the area of the authority, the authority shall— |
| |
(a) | serve an abatement notice in respect of the nuisance in |
| |
accordance with subsections (1) and (2) above; or |
| |
(b) | take such other steps as it thinks appropriate for the purpose of |
| 20 |
persuading the appropriate person to abate the nuisance or |
| |
prohibit or restrict its occurrence or recurrence. |
| |
(2B) | If a local authority has taken steps under subsection (2A)(b) above and |
| |
either of the conditions in subsection (2C) below is satisfied, the |
| |
authority shall serve an abatement notice in respect of the nuisance. |
| 25 |
| |
(a) | that the authority is satisfied at any time before the end of the |
| |
relevant period that the steps taken will not be successful in |
| |
persuading the appropriate person to abate the nuisance or |
| |
prohibit or restrict its occurrence or recurrence; |
| 30 |
(b) | that the authority is satisfied at the end of the relevant period |
| |
that the nuisance continues to exist, or continues to be likely to |
| |
occur or recur, in the area of the authority. |
| |
(2D) | The relevant period is the period of seven days starting with the day on |
| |
which the authority was first satisfied that the nuisance existed, or was |
| 35 |
likely to occur or recur. |
| |
(2E) | The appropriate person is the person on whom the authority would |
| |
otherwise be required under subsection (2A)(a) above to serve an |
| |
abatement notice in respect of the nuisance.” |
| |
|
| |
|
| |
|
| |
Architecture and the built environment |
| |
Commission for Architecture and the Built Environment |
| |
87 | The Commission for Architecture and the Built Environment |
| |
(1) | There is to be a body corporate to be known as the Commission for |
| 5 |
Architecture and the Built Environment (in this Part referred to as “the |
| |
| |
(2) | Schedule 2 makes further provision about the Commission. |
| |
88 | General functions of the Commission |
| |
(1) | The functions of the Commission are the promotion of education and high |
| 10 |
standards in, and understanding and appreciation of— |
| |
| |
(b) | the design, management and maintenance of the built environment. |
| |
(2) | The Commission must discharge its functions in relation to England and may |
| |
also discharge them in relation to any other place it thinks appropriate. |
| 15 |
(3) | The Commission may, for any purpose connected with the discharge of its |
| |
| |
(a) | provide, or assist in the provision of, public works, services and |
| |
| |
(b) | take any other steps it thinks appropriate. |
| 20 |
(4) | The steps that the Commission has power to take under subsection (3)(b) |
| |
| |
(a) | providing advice and developing and reviewing projects (whether or |
| |
not it is requested to do so); |
| |
(b) | providing financial assistance; |
| 25 |
(c) | carrying out or supporting the carrying out of research; |
| |
(d) | commissioning or assisting in the commissioning of works of art; |
| |
(e) | establishing and administering charities; |
| |
(f) | inviting and accepting financial assistance and gifts (financial or |
| |
| 30 |
(g) | entering into funding or other arrangements or agreements; |
| |
(h) | exploiting intellectual property or any other intangible asset; |
| |
(i) | making investments, subject to subsection (5); |
| |
(j) | acquiring or disposing of land, subject to subsection (6); |
| |
(k) | forming or participating in the formation of bodies corporate, subject to |
| 35 |
| |
(5) | The Commission may make an investment only if the form or manner of the |
| |
investment has been approved by the Secretary of State. |
| |
| |
(a) | acquire or dispose of land, or |
| 40 |
(b) | form or participate in the formation of a body corporate, |
| |
|
| |
|
| |
|
| only with the consent of the Secretary of State. |
| |
(7) | If the Commission has power to take any steps under subsection (3), it may |
| |
take them anywhere it thinks appropriate. |
| |
(8) | The Commission may make charges in respect of any service provided by it. |
| |
(9) | In discharging its functions the Commission must have regard to national |
| 5 |
policies and advice relating to sustainable development contained in guidance |
| |
issued by the Secretary of State. |
| |
| |
“the built environment” includes— |
| |
(a) | any structure or area built or designed for human use (such as |
| 10 |
squares, parks and recreation areas); |
| |
(b) | any area available for public use which is in the vicinity of such |
| |
a structure or within or in the vicinity of such an area; |
| |
“intellectual property” means— |
| |
(a) | any patent, trade mark, registered design, copyright, design |
| 15 |
right in performance or plant breeder’s right; |
| |
(b) | any rights under the law of a country outside the United |
| |
Kingdom which correspond or are similar to those falling |
| |
| |
89 | Changes to functions of the Commission |
| 20 |
(1) | The Secretary of State may by order— |
| |
(a) | confer further functions on the Commission; |
| |
(b) | remove functions from the Commission; |
| |
(c) | make changes to any functions of the Commission. |
| |
(2) | An order under subsection (1) may confer a function on the Commission only |
| 25 |
if the function appears to the Secretary of State to be connected (directly or |
| |
indirectly) to an existing or former function of the Commission. |
| |
(3) | The provision that may be made in an order under subsection (1) includes |
| |
provision amending or repealing any provision of an enactment conferring |
| |
functions on the Commission. |
| 30 |
(4) | In preparing a draft of an order under subsection (1) the Secretary of State must |
| |
| |
90 | Power to dissolve the Commission |
| |
(1) | The Secretary of State may by order make provision for the dissolution of the |
| |
| 35 |
(2) | An order under this section may, in particular— |
| |
(a) | provide for the transfer of the property, rights or liabilities of the |
| |
Commission to another person; |
| |
(b) | make provision enabling a person to receive anything transferred |
| |
under paragraph (a) (despite any provision which would otherwise |
| 40 |
prevent, penalise or restrict it); |
| |
(c) | provide for the transfer of some or all of the functions of the |
| |
Commission to another person; |
| |
|
| |
|
| |
|
(d) | establish a body corporate; |
| |
(e) | provide for anything done by or in relation to the Commission to have |
| |
effect as if done by or in relation to another person; |
| |
(f) | permit anything (which may include legal proceedings) which is in the |
| |
process of being done by or in relation to the Commission when a |
| 5 |
transfer takes effect, to be continued by or in relation to another person; |
| |
(g) | provide for a reference to the Commission in an enactment, instrument |
| |
or other document to be treated as a reference to another person. |
| |
(3) | The Secretary of State may not make an order under this section providing for |
| |
the transfer of property, rights, liabilities or functions to a person unless the |
| 10 |
person has consented to the transfer. |
| |
(4) | An order under this section which transfers rights and liabilities relating to |
| |
employees of the Commission must make provision for the Transfer of |
| |
Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794) to |
| |
| 15 |
91 | Dissolution of the old Commission |
| |
(1) | The company limited by guarantee with registered number 3831652 and the |
| |
company name “Commission for Architecture and the Built Environment” (in |
| |
this Part referred to as “the old Commission”) is dissolved. |
| |
(2) | The Secretary of State must inform the registrar of companies of the dissolution |
| 20 |
of the old Commission before the end of the period of seven days starting on |
| |
the day on which this section comes into force. |
| |
(3) | On being informed of the dissolution of the old Commission, the registrar of |
| |
companies must strike the name of the old Commission off the register of |
| |
| 25 |
(4) | “The registrar of companies” has the meaning given in section 744 of the |
| |
Companies Act 1985 (c. 6). |
| |
92 | Transfer of staff, property etc |
| |
Schedule 3 (which provides for the transfer of staff, property, rights and |
| |
liabilities from the old Commission to the Commission) has effect. |
| 30 |
| |
(1) | For the purposes of any enactment about income tax or corporation tax, the |
| |
Commission and the old Commission are to be treated as the same person. |
| |
(2) | In particular, the transfers effected by paragraphs 1 and 3 of Schedule 3 are to |
| |
be disregarded for those purposes. |
| 35 |
(3) | Accordingly, those transfers are not to be regarded for the purposes of |
| |
Schedule 29 to the Finance Act 2002 (c. 23) (gains and losses from intangible |
| |
fixed assets) as involving any realisation of an asset by the old Commission or |
| |
acquisition of an asset by the Commission. |
| |
(4) | No transfer effected by paragraph 3 of Schedule 3 is to give rise to any liability |
| 40 |
to stamp duty or stamp duty land tax. |
| |
|
| |
|