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| Thursday 20th January 2005 |
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| Clean Neighbourhoods and Environment Bill —————————— |
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| [Third and Fourth Sittings] —————————— |
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [18th January]. |
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| | Clauses 12 to 18 Agreed to. |
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| Clause 20, page 17, leave out lines 2 to 10. |
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| Clause 20, page 17, line 7, after ‘served’, insert ‘, or 56 days if the notice is served |
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| under the provisions of subsection (9) below.’. |
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| Clause 20, page 17, line 31, at end insert— |
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| | ‘( ) | land to which section 63 of the Criminal Justice and Public Order Act 1994 |
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| | (Powers to remove persons attending or preparing for raves) applies;’. |
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| Clause 20, page 17, line 31, at end insert— |
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| | ‘( ) | land to which section 77 of the Criminal Justice and Public Order Act 1994 |
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| | (Power of local authority to direct unauthorised campers to leave land) applies;’. |
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| | Clauses 25 and 26 Agreed to. |
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| Page 26, line 19, leave out Clause 27. |
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| Clause 19, page 15, line 20, at end insert— |
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| | ‘( ) | After subsection (1) insert— |
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| | “( ) | The litter authority shall provide the authorised officer with the means or |
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| | equipment by which the officer may contact the police directly and |
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| | request immediate assistance at any time during the issue or attempted |
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| | issue of a fixed penalty notice.”.’. |
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| Clause 19, page 15, line 36, at end insert— |
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| | ‘(7A) | The Secretary of State may, by regulations, allow a litter authority to which a |
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| | fixed penalty is payable under this section to treat it as having been paid if a |
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| | period of community service related to environmental protection is completed.’. |
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| Clause 19, page 16, line 7, after ‘council’, insert ‘with accreditation under the |
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| Clause 19, page 16, leave out lines 13 to 16. |
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| Clause 19, page 16, leave out lines 17 to 19. |
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| Clause 19, page 16, line 24, after ‘section’, insert’ ; or for conferring authorisation |
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| to give notices under this section onto his employees.’. |
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| Clause 22, page 19, line 13, at end insert ‘, and that person shall be made aware that |
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| a failure to pay could result in an increase in the penalty with its conversion into a court |
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| fine and liability to prosecution for the offence’. |
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| Clause 22, page 19, line 32, at end insert— |
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| | ‘( ) | There will be a right of appeal against the issuing of Fixed Penalty Notices.’. |
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| Clause 28, page 27, line 13, at beginning insert ‘Following consultation with local |
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| authorities and other interested parties’. |
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| Clause 28, page 27, line 21, at end add— |
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| | ‘(7) | The Secretary of State may, by regulations, allow a local authority to which a |
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| | fixed penalty is payable under this section to treat it as having been paid if a |
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| | period of community service related to environmental protection is completed.’. |
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| Clause 30, page 27, leave out lines 40 to 42. |
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| Clause 23, page 20, leave out lines 25 and 26. |
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| Clause 23, page 21, line 10, leave out ‘and’. |
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| Clause 23, page 21, line 11, at end insert ‘; and |
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| | (c) | post a notice on its proposal on the internet.’. |
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| Clause 23, page 21, line 15, leave out ‘28’ and insert ‘42’. |
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| Clause 23, page 21, line 19, leave out ‘14’ and insert ‘28’. |
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| Clause 23, page 23, line 21, at end insert— |
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| | ‘( ) | The principal litter authority shall provide the authorised officer with the means |
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| | or equipment by which the officer may contact the police directly and request |
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| | immediate assistance at any time during the seizure or attempted seizure of |
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| | material under sub-paragraph (1) above.’. |
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| Clause 23, page 21, line 27, leave out ‘and’. |
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| Clause 23, page 21, line 28, after ‘land’, insert ‘; and |
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| | (c) | post a notice of its decision on the internet for the duration of the order.’ |
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| Clause 23, page 21, line 40, leave out ‘and’. |
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| Clause 23, page 21, line 41, after ‘land’, insert ‘; and |
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| | (c) | post a notice of any revocation on the internet.’. |
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| Clause 23, page 22, line 5, after ‘paragraph’, insert ‘must be given in writing by an |
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| authorised officer of the authority and’. |
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| Clause 23, page 22, line 11, after ‘distribution’, insert ‘; |
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| | (e) | by requirement to clear any litter resulting from the material distributed’. |
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| Clause 23, page 22, leave out lines 16 to 20. |
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| Clause 23, page 23, line 43, after ‘may’, insert ‘, after 28 days,’. |
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| Clause 23, page 24, line 6, after ‘person’, insert ‘, or any such person under whose |
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| employ that person was distributing printed matter,’. |
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| Clause 23, page 25, leave out lines 4 to 7. |
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| Clause 23, page 25, leave out lines 8 and 9. |
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| Clause 31, page 28, line 20, leave out ‘which is affixed without authorisation to |
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| any surface,’ and insert ‘affixed to any surface— |
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| | (a) | without the consent of the surface owner; and |
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| | (b) | without deemed or express consent under Town and Country Planning |
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| | (Control of Advertisements) Regulations 1992 (as amended) or which is |
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| | an advertisement to which Part II and III of the Regulations do not apply |
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| | under Regulations 3(2).’. |
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| Clause 31, page 28, line 20, leave out from ‘affixed’ to end of line 21 and insert ‘to |
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| any surface without authorisation of the owner of that surface.’. |
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| Page 28, line 13, leave out Clause 31. |
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| Clause 34, page 29, line 25, leave out ‘or obliterate’. |
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| Clause 34, page 30, line 11, at end insert— |
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| | ‘(7) | Without prejudice to the generality of subsections (3) and (4), a person shall be |
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| | deemed to display or cause to be displayed a placard or poster for the purposes of |
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| | those subsections except when the placard or poster is displayed on a hoarding or |
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| | other structure designed for the display of advertisements.’. |
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| Clause 36, page 31, line 10, after ‘impose’, insert ‘reasonable’. |
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| Clause 37, page 31, leave out lines 44 and 45 and insert— |
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| | ‘( ) | by producing it at a place specified by the authorised officer or constable within |
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| Clause 37, page 31, leave out line 46 and insert— |
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| | ‘( ) | by nominating a person to produce it forthwith to the authorised officer or |
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| Clause 37, page 32, line 28, leave out ‘or was being’ and insert ‘, was being, or |
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| Clause 37, page 33, line 9, leave out ‘may’ and insert ‘must’. |
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| Clause 37, page 33, line 19, at end insert ‘; |
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| | (f) | the return of personal possessions contained withing the vehicle that do |
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| | not relate to the suspected transportation of controlled waste in |
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| | contravention of section1(1) above’. |
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