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 2 — Vehicles
8

(10)
The local authority to which a fixed penalty is payable under this section may
make provision for treating it as having been paid if a lesser amount is paid
before the end of a period specified by the authority.
(11)
The appropriate person may by regulations restrict the extent to which, and the
circumstances in which, a local authority may make provision under
5
subsection (10).
(12)
In any proceedings a certificate which—
(a)
purports to be signed on behalf of the chief finance officer of the local
authority, and
(b)
states that payment of a fixed penalty was or was not received by a date
10
specified in the certificate,

is evidence of the facts stated.
(13)
In this section “chief finance officer”, in relation to a local authority, means the
person having responsibility for the financial affairs of the authority.
7
Power to require name and address
15
(1)
If an authorised officer of a local authority proposes to give a person a notice
under section 6, 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
20
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.
25
8
Use of fixed penalty receipts
(1)
This section applies in relation to amounts paid to a local authority in
pursuance of notices under section 6 (its “fixed penalty receipts”).
(2)
A local authority may use its fixed penalty receipts only for the purposes of—
(a)
its functions under the Refuse Disposal (Amenity) Act 1978 (c. 3);
30
(b)
its functions under sections 99 to 102 of the Road Traffic Regulation Act
1984 (c. 27);
(c)
its functions relating to the enforcement of sections 3 and 4;
(d)
such other of its functions as may be specified in regulations made by
the appropriate person.
35
(3)
Regulations under subsection (2)(d) may (in particular) have the effect that an
authority may use its fixed penalty receipts for the purposes of any of its
functions.
(4)
A local authority must supply the appropriate person with such information
relating to its use of its fixed penalty receipts as the appropriate person may
40
require.
(5)
The appropriate person may by regulations—

Clean Neighbourhoods and Environment Bill
Part 2 — Vehicles
9

(a)
make provision for what a local authority is to do with its fixed penalty
receipts—
(i)
pending their being used for the purposes of functions of the
authority referred to in subsection (2);
(ii)
if they are not so used before such time after their receipt as may
5
be specified by the regulations;
(b)
make provision for accounting arrangements in respect of a local
authority’s fixed 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
10
appropriate person) other than the authority.
(7)
Before making regulations under this section, the appropriate person must
consult—
(a)
the authorities to which the regulations are to apply;
(b)
such other persons as the appropriate person thinks fit.
15
(8)
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 (c. 26), to be
regarded as included among the powers mentioned in subsection (2) of that
section.
9
Fixed penalty notices: supplementary
20
(1)
For the purposes of this section, “this group of sections” means sections 6 to 8
and this section.
(2)
In this group of sections—
“local authority” means—
(a)
a district council in England;
25
(b)
a county council in England for an area for which there is no
district council;
(c)
a London borough council;
(d)
the Common Council of the City of London;
(e)
the Council of the Isles of Scilly;
30
(f)
a county or county borough council in Wales;
“appropriate person” means—
(a)
in relation to England, the Secretary of State;
(b)
in relation to Wales, the National Assembly for Wales;
“authorised officer”, in relation to a local authority, means an employee of
35
the authority who is authorised in writing by the authority for the
purposes of giving notices under section 6.
(3)
Any order or regulations under this group of sections must be made by
statutory instrument.
(4)
Any such order or regulations may make different provision for different
40
purposes (including different provision in relation to different authorities or
different descriptions of authority).
(5)
A statutory instrument containing an order or regulations made by the
Secretary of State under this group of sections is subject to annulment in
pursuance of a resolution of either House of Parliament.
45

Clean Neighbourhoods and Environment Bill
Part 2 — Vehicles
10

Abandoned vehicles
10
Offence of abandoning a vehicle: fixed penalty notices
In the Refuse Disposal (Amenity) Act 1978 (c. 3), after section 2 (offence of
unauthorised abandonment of vehicles etc) insert—
“2A
Fixed penalty notices for offence of abandoning vehicles
5
(1)
Where on any occasion it appears to an authorised officer of a local
authority that a person has committed an offence under section 2(1)(a)
above in the area of that authority, the officer may give that person a
notice offering him the opportunity of discharging any liability to
conviction for the offence by payment of a fixed penalty to the
10
authority.
(2)
Where a person is given a notice under this section in respect of an
offence—
(a)
no proceedings may be instituted for that offence before the
expiration of the period of fourteen days following the date of
15
the notice; and
(b)
he may not be convicted of that offence if he pays the fixed
penalty before the expiration of the period.
(3)
A notice under this section must give such particulars of the
circumstances alleged to constitute the offence as are necessary for
20
giving reasonable information of the offence.
(4)
A notice under this section must also state—
(a)
the period during which, by virtue of subsection (2) above,
proceedings will not be taken for the offence;
(b)
the amount of the fixed penalty; and
25
(c)
the person to whom and the address at which the fixed penalty
may be paid.
(5)
Without prejudice to payment by any other method, payment of the
fixed penalty may be made by pre-paying and posting a letter
containing the amount of the penalty (in cash or otherwise) to the
30
person mentioned in subsection (4)(c) above at the address so
mentioned.
(6)
Where a letter is sent in accordance with subsection (5) above payment
is to be regarded as having been made at the time at which that letter
would be delivered in the ordinary course of post.
35
(7)
The form of a notice under this section is to be such as the appropriate
person may by order prescribe.
(8)
The fixed penalty payable to a local authority under this section is,
subject to subsection (9) below, £200.
(9)
The appropriate person may by order substitute a different amount for
40
the amount for the time being specified in subsection (8) above.
(10)
The local authority to which a fixed penalty is payable under this
section may make provision for treating it as having been paid if a
lesser amount is paid before the end of a period specified by the
authority.
45

Clean Neighbourhoods and Environment Bill
Part 2 — Vehicles
11

(11)
The appropriate person may by regulations restrict the extent to which,
and the circumstances in which, a local authority may make provision
under subsection (10) above.
(12)
An order or regulations under this section may make different
provision for different purposes and in relation to different areas.
5
(13)
In any proceedings a certificate which—
(a)
purports to be signed on behalf of the chief finance officer of the
local authority, and
(b)
states that payment of a fixed penalty was or was not received
by a date specified in the certificate,
10

is evidence of the facts stated.
(14)
In this section—
“authorised officer”, in relation to a local authority, means an
employee of the authority who is authorised in writing by the
authority for the purposes of giving notices under this section;
15
“chief finance officer”, in relation to a local authority, means the
person having responsibility for the financial affairs of the
authority.
2B
Fixed penalty notices: power to require name and address
(1)
If an authorised officer of a local authority proposes to give a person a
20
notice under section 2A above, 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) above, or
25
(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) above is liable on
summary conviction to a fine not exceeding level 3 on the standard
scale.
30
(4)
In this section “authorised officer” has the same meaning as in section
2A above.
2C
Use of fixed penalties under section 2A
(1)
This section applies in relation to amounts paid to a local authority in
pursuance of notices under section 2A above (its “fixed penalty
35
receipts”).
(2)
A local authority may use its fixed penalty receipts only for the
purposes of—
(a)
its functions under this Act;
(b)
its functions under sections 99 to 102 of the Road Traffic
40
Regulation Act 1984;
(c)
its functions relating to the enforcement of sections 3 and 4 of
the Clean Neighbourhoods and Environment Act 2005; and
(d)
such other of its functions as may be specified in regulations
made by the appropriate person.
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Clean Neighbourhoods and Environment Bill
Part 2 — Vehicles
12

(3)
Regulations under subsection (2)(d) above may in particular have the
effect that a local authority may use its fixed penalty receipts for the
purposes of any of its functions.
(4)
A local authority must supply the appropriate person with such
information relating to its use of its fixed penalty receipts as the
5
appropriate person may require.
(5)
The appropriate person may by regulations—
(a)
make provision for what a local authority is to do with its fixed
penalty receipts—
(i)
pending their being used for the purposes of functions
10
of the authority referred to in subsection (2) above;
(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 authority’s fixed penalty receipts.
15
(6)
The provision that may be made under subsection (5)(a)(ii) above
includes (in particular) provision for the payment of sums to a person
(including the appropriate person) other than the authority.
(7)
Before making regulations under this section, the appropriate person
must consult—
20
(a)
the authorities to which the regulations are to apply;
(b)
such other persons as the appropriate person thinks fit.
(8)
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
25
subsection (2) of that section.
11
Notice of removal
(1)
Section 3 of the Refuse Disposal (Amenity) Act 1978 (c. 3) (removal of
abandoned vehicles) is amended as follows.
(2)
After subsection (2) (requirement to give notice to occupier) insert—
30
“(2A)
Subsection (2) does not apply where the vehicle is abandoned on a road
(within the meaning of the Road Traffic Regulation Act 1984).”
(3)
Omit subsection (5) (requirement to give notice of removal of vehicle which
ought to be destroyed).
12
Disposal
35
(1)
Section 4(1) of the Refuse Disposal (Amenity) Act 1978 (disposal of abandoned
vehicles) is amended as follows.
(2)
For paragraphs (a) and (b) substitute—
“(a)
in the case of a vehicle which in the opinion of the authority is
in such a condition that it ought to be destroyed, at any time
40
after its removal;
(b)
in the case of a vehicle, not falling within paragraph (a),
which—

Clean Neighbourhoods and Environment Bill
Part 2 — Vehicles
13

(i)
does not display a licence (whether current or otherwise
and whether or not the vehicle is required to display a
licence), and
(ii)
does not display any registration mark (whether
indicating registration within or outside the United
5
Kingdom),

at any time after its removal;”.
(3)
Omit the words from “but not earlier” to the end.
(4)
In section 11(1) of that Act (interpretation), in the definition of “licence”, at the
end insert “(including a nil licence within the meaning of that Act)”.
10
13
Guidance
In the Refuse Disposal (Amenity) Act 1978 (c. 3), after section 4 insert—
“4A
Guidance
Any authority on whom functions are conferred under section 3 or 4
above must, in exercising those functions, have regard to any guidance
15
given to the authority for the purpose by the appropriate person.”
14
Abandoned vehicles: supplementary
(1)
The Refuse Disposal (Amenity) Act 1978 is amended as follows.
(2)
In section 10(5), after “except” insert—
“(za)
an order or regulations under section 2A above, or regulations
20
under section 2C above, made by the National Assembly for
Wales; or”.
(3)
In section 11(1), after “that is to say—” insert—
““appropriate person” means—
(a)
in relation to a local authority in England, the Secretary
25
of State;
(b)
in relation to a local authority in Wales, the National
Assembly for Wales;”.
Illegally parked vehicles etc
15
Notice of removal
30
(1)
Section 99 of the Road Traffic Regulation Act 1984 (c. 27) (removal of vehicles)
is amended as follows.
(2)
In subsection (3) (requirement to give notice of removal to occupier), after
“land” insert “other than a road”.
(3)
Omit subsection (4) (requirement to give notice of removal of vehicle which
35
ought to be destroyed).
16
Disposal
(1)
Section 101 of the Road Traffic Regulation Act 1984 (ultimate disposal of
removed vehicles) is amended as follows.

Clean Neighbourhoods and Environment Bill
Part 3 — Litter and refuse
14

(2)
In subsection (3), in paragraph (a), omit the words from “and on which” to “at
the time of its removal”.
(3)
In that subsection, for paragraph (b) substitute—
“(b)
in the case of a vehicle, not falling within paragraph (a),
which—
5
(i)
does not display a licence (whether current or otherwise
and whether or not the vehicle is required to display a
licence), and
(ii)
does not display any registration mark (whether
indicating registration within or outside the United
10
Kingdom),

at any time after its removal;”.
(4)
In that subsection, omit the words from “but, in a case” to the end.
(5)
In subsection (8), in the definition of “licence”, at the end insert “(including a
nil licence within the meaning of that Act)”.
15
17
Guidance
In section 103 of the Road Traffic Regulation Act 1984 (c. 27) (supplementary
provision as to removal of vehicles), at the end insert—
“(4)
A local authority must in exercising any of their functions under
sections 99 to 102 have regard to any guidance given to the authority
20
for the purpose by—
(a)
the Secretary of State, in the case of a local authority in England;
(b)
the National Assembly for Wales, in the case of a local authority
in Wales.
(5)
In subsection (4) “local authority” has the meaning given by section
25
100(5)(a) and (b).”
Part 3
Litter and refuse
Offence of dropping litter
18
Extension of litter offence to all open places
30
In section 87 of the Environmental Protection Act 1990 (c. 43) (offence of
leaving litter), for subsections (1) to (4) substitute—
“(1)
A person is guilty of an offence if he throws down, drops or otherwise
deposits any litter in any place to which this section applies and leaves
it.
35
(2)
This section applies to any place in the area of a principal litter
authority which is open to the air, subject to subsection (3) below.
(3)
This section does not apply to a place which is “open to the air” for the
purposes of this Part by virtue of section 86(13) above if the public does
not have access to it, with or without payment.
40