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 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.