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Clean Neighbourhoods and Environment Bill


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

65

 

(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

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.”

15

83      

Noise offences: use of fixed penalty receipts

(1)   

Section 9 of the Noise Act 1996 (c. 37) (fixed penalty notices: supplementary) is

amended as follows.

(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

of that Act;”.

(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

may—

(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.

 
 

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

66

 

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

(2C)   

The conditions are—

(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.”

 
 

Clean Neighbourhoods and Environment Bill
Part 8 — Architecture and the built environment

67

 

Part 8

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

Commission”).

(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—

(a)   

architecture, and

(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

functions—

(a)   

provide, or assist in the provision of, public works, services and

amenities;

(b)   

take any other steps it thinks appropriate.

20

(4)   

The steps that the Commission has power to take under subsection (3)(b)

include in particular—

(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

otherwise);

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

subsection (6).

(5)   

The Commission may make an investment only if the form or manner of the

investment has been approved by the Secretary of State.

(6)   

The Commission may—

(a)   

acquire or dispose of land, or

40

(b)   

form or participate in the formation of a body corporate,

 
 

Clean Neighbourhoods and Environment Bill
Part 8 — Architecture and the built environment

68

 

   

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.

(10)   

In this section—

“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

within paragraph (a).

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

consult the Commission.

90      

Power to dissolve the Commission

(1)   

The Secretary of State may by order make provision for the dissolution of the

Commission.

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;

 
 

Clean Neighbourhoods and Environment Bill
Part 8 — Architecture and the built environment

69

 

(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

apply to that transfer.

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

companies.

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

93      

Tax

(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.

 
 

 
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Revised 8 December 2004