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| Tuesday 1st February 2005 |
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| Clean Neighbourhoods and Environment Bill —————————— |
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| [Ninth and Tenth Sittings] —————————— |
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| Clause 102, page 75, line 2, after ‘premises’, insert ‘or streetlights on public roads |
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| or public rights of way’. |
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| Clause 102, page 75, line 16, at end insert— |
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| | ‘(j) | premises or apparatus used for the provision of electronic |
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| | communication services.’. |
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| | Negatived on division 104 |
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| Clause 102, page 75, line 16, at end insert— |
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| | ‘(k) | a playing field, playing pitch or other outdoor facility used wholly or |
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| Clause 102, page 75, line 16, at end insert, ‘; that is necessary to meet statutory |
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| requirements relating to national security or public safety, provided that reasonable and |
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| practicable steps have been taken to minimise light emissions to the minimum necessary |
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| to meet those requirements.’. |
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| | Negatived on division 105 |
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| Clause 102, page 75, line 37, at end insert—
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| ‘“playing field” has the meaning given in Article 3 of the Town and Country Planning |
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| (General Development Procedure) (Amendment) Order 1996;
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| “playing pitch” means a delineated area which, together with any run-off area, is 0.4 |
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| hectares or more, and which is used for sport;’. |
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| Clause 102, page 75, line 49, at end insert—
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| ‘“sport” is designated as any sporting activity which appears on the list maintained by the |
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| National Sports Councils of activities recognised by them, as applicable to Schedule 18 |
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| to the Finance Act 2002;’. |
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| | Clauses 103 to 106 Agreed to. |
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| Clause 108, page 78, line 43, at end insert— |
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| | ‘(da) | section 68 and Part 6 of Schedule 5;’. |
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| Clause 108, page 79, leave out line 22. |
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| | Clause, as amended, Agreed to. |
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| | Clause 109 and 110 Agreed to. |
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| Clause 111, page 80, line 3, leave out ‘Clean Neighbourhoods and’ and insert |
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| | Illegal deposit or disposal of waste (power of arrest) |
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| To move the following Clause:— |
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| | ‘(1) | In subsection 24(2) of the Police and Criminal Evidence Act 1984 (c.69), at the |
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| | “(w) | an offence under subsection 33(4A) of the Environmental |
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| | Protection Act 1990 (c.3).” |
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| | (2) | In section 33 of the Environmental Protection Act 1990 (c.3), after subsection (4) |
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| | “(4A) | A person authorised by the Environmental Protection Agency to exercise |
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| | the powers specified in section 108(4) of the Environment Act 1995 |
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| | (c.25) shall have like powers to those of a constable to arrest any person |
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| | depositing or disposing of waste in contravention of subsection (1).’.’. |
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| | Producer responsibility for litter caused by discarded chewing gum etc. |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State must consult on producer responsibility measures to— |
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| | (a) | discourage litter caused by discarded chewing gum and the discarded |
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| | remains of other products designed for chewing; and |
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| | (b) | provide financial redress to litter authorities for the costs incurred by |
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| | removal of discarded chewing gum and the discarded remains of other |
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| | products designed for chewing. |
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| | (2) | The consultation must— |
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| | (a) | include such bodies or persons appearing to him to be representative of |
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| | the interests of litter authorities as he considers appropriate; |
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| | (b) | include such bodies or persons appearing to him to be representative of |
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| | the interests of producers and distributors of chewing gum and other |
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| | products designed for chewing as he considers appropriate; and |
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| | (c) | publish recommendations before 2007. |
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| | (3) | The consultation must consider both voluntary and statutory schemes.’. |
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| | Fixed penalty notices: guidelines for local authorities and the police |
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| To move the following Clause:— |
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| | ‘The appropriate person shall consult local authorities and the police before |
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| | providing guidelines on the precise duties of police officers and local authorities, |
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| | where there are shared responsibilities, in connection with the powers conferred |
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| | to local authorities under this Act.’. |
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| | Unlawful display of advertisements |
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| To move the following Clause:— |
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| | ‘(1) | Section 220 of the Town and Country Planning Act 1990 (c. 8) (regulations |
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| | controlling display of advertisements) is amended as follows. |
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| | (2) | After subsection (3) insert— |
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| | “(3A) | The local planning authority must exercise its powers so as to ensure |
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| | compliance with the provisions of these regulations in its area.”.’. |
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| | Authorised officers: Enforcement of the Highways Act 1980 |
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| To move the following Clause:— |
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| | ‘If an authorised officer has reasonable grounds for considering — |
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| | (a) | that any object unlawfully deposited on the highway constitutes a danger |
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| | (including a danger caused by obstructing the view) to users of the |
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| | (b) | that the object in question ought to be removed without the delay |
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| | involved in giving notice or obtaining a removal and disposal order from |
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| | a magistrates’ court under this section, the authorised officer may remove |
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| | Charges for the collection of household waste |
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| To move the following Clause:— |
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| | ‘(1) | Section 45 of the Environmental Protection Act 1990 is amended as follows. |
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| | (2) | Leave out subsection (3) and insert— |
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| | “(3) | A charge may be made for the collection of household waste where this |
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| | is directly related to the amount of waste collected from each household |
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| | as prescribed in regulations made by the Secretary of State.”.’. |
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| | Noise Act 1996: requirement for consultation |
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| | Second Reading, negatived on division nc7 |
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| To move the following Clause:— |
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| | ‘The appropriate person shall consult the appropriate bodies on the need for |
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| | regulations to extend the provisions of the Noise Act 1996 (c. 37) to the hours of |
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| | 7 a.m. to 11 p.m., to enable any individual present in a dwelling to make a |
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| | complaint to the relevant local authority that excessive noise was being emitted |
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| | from another dwelling during those hours.’. |
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| | Installation of intruder alarms in alarm notification areas |
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| To move the following Clause:— |
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| | ‘(1) | A person who installs an intruder alarm on or in any premises in an alarm |
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| | notification area, shall comply with any regulations made by the Secretary of |
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| | (2) | Regulations for the purposes of subsection (1) above may in particular include— |
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| | (a) | requirements for an automatic cut-off mechanism to terminate the |
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| | sounding of the alarm after a specified period; and |
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| | (b) | requirements for the suitably visible display on the alarm or the premises |
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| | of a telephone number by which the local authority can be notified of a |
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| | noise nuisance from the alarm.’. |
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| | Incentive schemes for collection of householder waste |
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| | Second Reading, negatived on division nc9 |
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| To move the following Clause:— |
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| | ‘(1) | The Environmental Protection Act 1990 is amended as follows. |
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| | (2) | For section 45, subsection (3), substitute— |
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| | “(3) | No charge shall be made for the collection of household waste except in |
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| | (a) | prescribed in regulations made by the Secretary of State; and in any of |
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| | (i) | the duty to arrange for the collection of the waste shall not arise |
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| | until a person who controls the waste requests the authority to |
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| | (ii) | the authority may recover a reasonable charge for the collection |
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| | of the waste from the person who made the request; or |
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| | (b) | under the provision of subsection (3A) below. |
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| | (3A) | The Secretary of State may authorise a waste collection authority to operate in all |
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| | or any part of their area an incentive based household waste collection scheme, a |
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| | proposal for which has been submitted to the Secretary of State, to reward |
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| | householders who separate their waste for recycling and who minimise their |
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| | (3B) | Before any authorisation may be given under subsection (3B) above, the |
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| | Secretary of State must be satisfied that a proposed scheme— |
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| | (a) | has identified and addressed the particular needs of low income |
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| | (b) | has identified the needs of households with particular problems reducing |
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| | (c) | will only operate in areas with adequate provisions of recycling |
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| | (d) | will only operate in areas with either composting collections or a home |
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| | (e) | has adequate measures to address potential increases in fly-tipping.” |
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| | (3) | In section 51, at end of subsection (2), insert— |
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| | “(2A) | Where the Secretary of State has authorised a scheme under section |
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| | 45(3A) above, that authorisation may include specific exemptions to |
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| | subsection (2)(c) above in all or part of the area of that authority.’. |
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| | National noise reduction strategy |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall have a National Noise Reduction Strategy. |
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| | (2) | The strategy shall address any nuisance or health problems resulting from |
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| | environmental noise, with particular regard to— |
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| | (a) | neighbour and neighbourhood noise; |
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| | (b) | noise from industrial and commercial premises; |
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| | (e) | transport and traffic noise; and |
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| | (f) | any other noises or sources of noise that the Secretary of State believes |
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| | require particular attention as part of the strategy. |
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| | (3) | The Secretary of State shall publish an annual report on progress made by the |
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| | Ban on importation of radioactive waste for storage or disposal |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall make regulations within 12 months so that no |
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| | radioactive waste is imported into the United Kingdom for storage or disposal.’. |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall make regulations within 24 months requiring |
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| | producers of household batteries to make arrangement for the receipt and |
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| | recycling of batteries they have produced from retail collection points; and for the |
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| | costs of collection and recycling of industrial and automotive batteries to be |
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| | covered by the producer.’. |
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| | Bill, as amended, to be reported. |
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