05011sc.23-29

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

S.C.G.
23

House of Commons

Tuesday 1st February 2005

Standing Committee Proceedings

Standing Committee G

Clean Neighbourhoods and Environment Bill
——————————

[Ninth and Tenth Sittings]
——————————

Miss Anne McIntosh

Mr David Ruffley

Negatived on division  57

Clause  102,  page  75,  line  2,  after ‘premises’, insert ‘or streetlights on public roads

or public rights of way’.

Miss Anne McIntosh

Mr David Ruffley

Not called  58

Clause  102,  page  75,  line  16,  at end insert—

‘(j)
premises or apparatus used for the provision of electronic

communication services.’.

Miss Anne McIntosh

Mr David Ruffley

Negatived on division  104

Clause  102,  page  75,  line  16,  at end insert—

‘(k)
a playing field, playing pitch or other outdoor facility used wholly or

mainly for sport.’.

Sue Doughty

Matthew Green

Not called  117

Clause  102,  page  75,  line  16,  at end insert, ‘; that is necessary to meet statutory

requirements relating to national security or public safety, provided that reasonable and

practicable steps have been taken to minimise light emissions to the minimum necessary

to meet those requirements.’.

Miss Anne McIntosh

Mr David Ruffley

Negatived on division  105

Clause  102,  page  75,  line  37,  at end insert—

‘“playing field” has the meaning given in Article 3 of the Town and Country Planning

(General Development Procedure) (Amendment) Order 1996;

S.C.G.Standing Committee Proceedings: 1st February 2005
24

Clean Neighbourhoods and Environment Bill, continued

“playing pitch” means a delineated area which, together with any run-off area, is 0.4

hectares or more, and which is used for sport;’.

Miss Anne McIntosh

Mr David Ruffley

Not called  106

Clause  102,  page  75,  line  49,  at end insert—

‘“sport” is designated as any sporting activity which appears on the list maintained by the

National Sports Councils of activities recognised by them, as applicable to Schedule 18

to the Finance Act 2002;’.

Clause Agreed to.

Clauses 103 to 106 Agreed to.

Schedule 4 Agreed to.

Clause 107 Agreed to.

Schedule 5 Agreed to.

———

Alun Michael

Agreed to  120

Clause  108,  page  78,  line  43,  at end insert—

‘(da)
section 68 and Part 6 of Schedule 5;’.

Alun Michael

Agreed to  121

Clause  108,  page  79,  leave out line 22.

Clause, as amended, Agreed to.

Clause 109 and 110 Agreed to.

——————————

Miss Anne McIntosh

Mr David Ruffley

Withdrawn  1

Clause  111,  page  80,  line  3,  leave out ‘Clean Neighbourhoods and’ and insert

‘Cleaner and Safer’.

Clause Agreed to.

———

S.C.G.Standing Committee Proceedings: 1st February 2005
25

Clean Neighbourhoods and Environment Bill, continued

New Clauses

Illegal deposit or disposal of waste (power of arrest)

Miss Anne McIntosh

Mr David Ruffley

Withdrawn  NC1

To move the following Clause:—

‘(1)
In subsection 24(2) of the Police and Criminal Evidence Act 1984 (c.69), at the

end insert—

“(w)
an offence under subsection 33(4A) of the Environmental

Protection Act 1990 (c.3).”

(2)
In section 33 of the Environmental Protection Act 1990 (c.3), after subsection (4)

insert—

“(4A)
A person authorised by the Environmental Protection Agency to exercise

the powers specified in section 108(4) of the Environment Act 1995

(c.25) shall have like powers to those of a constable to arrest any person

depositing or disposing of waste in contravention of subsection (1).’.’.

——————————

Producer responsibility for litter caused by discarded chewing gum etc.

Sue Doughty

Matthew Green

Not called  nc2

To move the following Clause:—

‘(1)
The Secretary of State must consult on producer responsibility measures to—

(a)
discourage litter caused by discarded chewing gum and the discarded

remains of other products designed for chewing; and

(b)
provide financial redress to litter authorities for the costs incurred by

removal of discarded chewing gum and the discarded remains of other

products designed for chewing.

(2)
The consultation must—

(a)
include such bodies or persons appearing to him to be representative of

the interests of litter authorities as he considers appropriate;

(b)
include such bodies or persons appearing to him to be representative of

the interests of producers and distributors of chewing gum and other

products designed for chewing as he considers appropriate; and

(c)
publish recommendations before 2007.

(3)
The consultation must consider both voluntary and statutory schemes.’.

——————————

S.C.G.Standing Committee Proceedings: 1st February 2005
26

Clean Neighbourhoods and Environment Bill, continued

Fixed penalty notices: guidelines for local authorities and the police

Miss Anne McIntosh

Mr David Ruffley

Withdrawn  NC3

To move the following Clause:—

‘The appropriate person shall consult local authorities and the police before

providing guidelines on the precise duties of police officers and local authorities,

where there are shared responsibilities, in connection with the powers conferred

to local authorities under this Act.’.

——————————

Unlawful display of advertisements

Miss Anne McIntosh

Mr David Ruffley

Not called  nc4

To move the following Clause:—

‘(1)
Section 220 of the Town and Country Planning Act 1990 (c. 8) (regulations

controlling display of advertisements) is amended as follows.

(2)
After subsection (3) insert—

“(3A)
The local planning authority must exercise its powers so as to ensure

compliance with the provisions of these regulations in its area.”.’.

——————————

Authorised officers: Enforcement of the Highways Act 1980

Matthew Green

Sue Doughty

Not selected  NC5

To move the following Clause:—

‘If an authorised officer has reasonable grounds for considering —

(a)
that any object unlawfully deposited on the highway constitutes a danger

(including a danger caused by obstructing the view) to users of the

highway, and

(b)
that the object in question ought to be removed without the delay

involved in giving notice or obtaining a removal and disposal order from

a magistrates’ court under this section, the authorised officer may remove

the object forthwith.’.

——————————

S.C.G.Standing Committee Proceedings: 1st February 2005
27

Clean Neighbourhoods and Environment Bill, continued

Charges for the collection of household waste

Paddy Tipping

Withdrawn  NC6

To move the following Clause:—

‘(1)
Section 45 of the Environmental Protection Act 1990 is amended as follows.

(2)
Leave out subsection (3) and insert—

“(3)
A charge may be made for the collection of household waste where this

is directly related to the amount of waste collected from each household

as prescribed in regulations made by the Secretary of State.”.’.

——————————

Noise Act 1996: requirement for consultation

Miss Anne McIntosh

Mr David Ruffley

Second Reading, negatived on division  nc7

To move the following Clause:—

‘The appropriate person shall consult the appropriate bodies on the need for

regulations to extend the provisions of the Noise Act 1996 (c. 37) to the hours of

7 a.m. to 11 p.m., to enable any individual present in a dwelling to make a

complaint to the relevant local authority that excessive noise was being emitted

from another dwelling during those hours.’.

——————————

Installation of intruder alarms in alarm notification areas

Sue Doughty

Matthew Green

Not called  nc8

To move the following Clause:—

‘(1)
A person who installs an intruder alarm on or in any premises in an alarm

notification area, shall comply with any regulations made by the Secretary of

State.

(2)
Regulations for the purposes of subsection (1) above may in particular include—

(a)
requirements for an automatic cut-off mechanism to terminate the

sounding of the alarm after a specified period; and

(b)
requirements for the suitably visible display on the alarm or the premises

of a telephone number by which the local authority can be notified of a

noise nuisance from the alarm.’.

——————————

S.C.G.Standing Committee Proceedings: 1st February 2005
28

Clean Neighbourhoods and Environment Bill, continued

Incentive schemes for collection of householder waste

Sue Doughty

Matthew Green

Second Reading, negatived on division  nc9

To move the following Clause:—

‘(1)
The Environmental Protection Act 1990 is amended as follows.

(2)
For section 45, subsection (3), substitute—

“(3)
No charge shall be made for the collection of household waste except in

cases that are—

(a)
prescribed in regulations made by the Secretary of State; and in any of

those cases—

(i)
the duty to arrange for the collection of the waste shall not arise

until a person who controls the waste requests the authority to

collect it; and

(ii)
the authority may recover a reasonable charge for the collection

of the waste from the person who made the request; or

(b)
under the provision of subsection (3A) below.

(3A)
The Secretary of State may authorise a waste collection authority to operate in all

or any part of their area an incentive based household waste collection scheme, a

proposal for which has been submitted to the Secretary of State, to reward

householders who separate their waste for recycling and who minimise their

residual waste.

(3B)
Before any authorisation may be given under subsection (3B) above, the

Secretary of State must be satisfied that a proposed scheme—

(a)
has identified and addressed the particular needs of low income

households;

(b)
has identified the needs of households with particular problems reducing

residual waste;

(c)
will only operate in areas with adequate provisions of recycling

collections;

(d)
will only operate in areas with either composting collections or a home

composting scheme; and

(e)
has adequate measures to address potential increases in fly-tipping.”

(3)
In section 51, at end of subsection (2), insert—

“(2A)
Where the Secretary of State has authorised a scheme under section

45(3A) above, that authorisation may include specific exemptions to

subsection (2)(c) above in all or part of the area of that authority.’.

——————————

National noise reduction strategy

Sue Doughty

Matthew Green

Not called  NC10

To move the following Clause:—

‘(1)
The Secretary of State shall have a National Noise Reduction Strategy.

S.C.G.Standing Committee Proceedings: 1st February 2005
29

Clean Neighbourhoods and Environment Bill, continued

(2)
The strategy shall address any nuisance or health problems resulting from

environmental noise, with particular regard to—

(a)
neighbour and neighbourhood noise;

(b)
noise from industrial and commercial premises;

(c)
works noise;

(d)
alarms;

(e)
transport and traffic noise; and

(f)
any other noises or sources of noise that the Secretary of State believes

require particular attention as part of the strategy.

(3)
The Secretary of State shall publish an annual report on progress made by the

strategy.’.

——————————

Ban on importation of radioactive waste for storage or disposal

Sue Doughty

Matthew Green

Not selected  NC11

To move the following Clause:—

‘(1)
The Secretary of State shall make regulations within 12 months so that no

radioactive waste is imported into the United Kingdom for storage or disposal.’.

——————————

Battery recycling

Sue Doughty

Matthew Green

Withdrawn  NC12

To move the following Clause:—

‘(1)
The Secretary of State shall make regulations within 24 months requiring

producers of household batteries to make arrangement for the receipt and

recycling of batteries they have produced from retail collection points; and for the

costs of collection and recycling of industrial and automotive batteries to be

covered by the producer.’.

Bill, as amended, to be reported.