05011sc.7-13

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

S.C.G.
7

House of Commons

Thursday 20th January 2005

Standing Committee Proceedings

Standing Committee G

Clean Neighbourhoods and Environment Bill
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[Third and Fourth Sittings]
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Note

The Amendments have been arranged in accordance with the Order of the

Committee [18th January].

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Clauses 12 to 18 Agreed to.

Miss Anne McIntosh

Mr David Ruffley

Withdrawn  28

Clause  20,  page  17,  leave out lines 2 to 10.

Matthew Green

Sue Doughty

Not called  73

Clause  20,  page  17,  line  7,  after ‘served’, insert ‘, or 56 days if the notice is served

under the provisions of subsection (9) below.’.

Miss Anne McIntosh

Mr David Ruffley

Not called  54

Clause  20,  page  17,  line  31,  at end insert—

‘( )
land to which section 63 of the Criminal Justice and Public Order Act 1994

(Powers to remove persons attending or preparing for raves) applies;’.

Miss Anne McIntosh

Mr David Ruffley

Not called  55

Clause  20,  page  17,  line  31,  at end insert—

‘( )
land to which section 77 of the Criminal Justice and Public Order Act 1994

(Power of local authority to direct unauthorised campers to leave land) applies;’.

S.C.G.Standing Committee Proceedings: 20th January 2005
8

Clean Neighbourhoods and Environment Bill, continued

Clause Agreed to.

Clause 21 Agreed to.

Clauses 25 and 26 Agreed to.

———

Miss Anne McIntosh

Mr David Ruffley

Not selected  62

Page  26,  line  19,  leave out Clause 27.

Clause Agreed to.

———

Miss Anne McIntosh

Mr David Ruffley

Not called  25

Clause  19,  page  15,  line  20,  at end insert—

‘( )
After subsection (1) insert—

“( )
The litter authority shall provide the authorised officer with the means or

equipment by which the officer may contact the police directly and

request immediate assistance at any time during the issue or attempted

issue of a fixed penalty notice.”.’.

Matthew Green

Sue Doughty

Withdrawn  68

Clause  19,  page  15,  line  36,  at end insert—

‘(7A)
The Secretary of State may, by regulations, allow a litter authority to which a

fixed penalty is payable under this section to treat it as having been paid if a

period of community service related to environmental protection is completed.’.

Matthew Green

Sue Doughty

Withdrawn  69

Clause  19,  page  16,  line  7,  after ‘council’, insert ‘with accreditation under the

Quality Council Scheme’.

Matthew Green

Sue Doughty

Withdrawn  70

Clause  19,  page  16,  leave out lines 13 to 16.

Matthew Green

Sue Doughty

Not called  71

Clause  19,  page  16,  leave out lines 17 to 19.

S.C.G.Standing Committee Proceedings: 20th January 2005
9

Clean Neighbourhoods and Environment Bill, continued

Matthew Green

Sue Doughty

Not called  72

Clause  19,  page  16,  line  24,  after ‘section’, insert’ ; or for conferring authorisation

to give notices under this section onto his employees.’.

Clause Agreed to.

———

Miss Anne McIntosh

Mr David Ruffley

Withdrawn  51

Clause  22,  page  19,  line  13,  at end insert ‘, and that person shall be made aware that

a failure to pay could result in an increase in the penalty with its conversion into a court

fine and liability to prosecution for the offence’.

Miss Anne McIntosh

Mr David Ruffley

Not called  52

Clause  22,  page  19,  line  32,  at end insert—

‘( )
There will be a right of appeal against the issuing of Fixed Penalty Notices.’.

Clause Agreed to.

Clause 24 Agreed to.

———

Miss Anne McIntosh

Mr David Ruffley

Withdrawn  27

Clause  28,  page  27,  line  13,  at beginning insert ‘Following consultation with local

authorities and other interested parties’.

Matthew Green

Sue Doughty

Not called  63

Clause  28,  page  27,  line  21,  at end add—

‘(7)
The Secretary of State may, by regulations, allow a local authority to which a

fixed penalty is payable under this section to treat it as having been paid if a

period of community service related to environmental protection is completed.’.

Clause Agreed to.

Clause 29 Agreed to.

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S.C.G.Standing Committee Proceedings: 20th January 2005
10

Clean Neighbourhoods and Environment Bill, continued

Miss Anne McIntosh

Mr David Ruffley

Withdrawn  53

Clause  30,  page  27,  leave out lines 40 to 42.

Clause Agreed to.

———

Matthew Green

Sue Doughty

Withdrawn  74

Clause  23,  page  20,  leave out lines 25 and 26.

Matthew Green

Sue Doughty

Withdrawn  75

Clause  23,  page  21,  line  10,  leave out ‘and’.

Matthew Green

Sue Doughty

Not called  76

Clause  23,  page  21,  line  11,  at end insert ‘; and

(c)
post a notice on its proposal on the internet.’.

Matthew Green

Sue Doughty

Withdrawn  77

Clause  23,  page  21,  line  15,  leave out ‘28’ and insert ‘42’.

Matthew Green

Sue Doughty

Not called  78

Clause  23,  page  21,  line  19,  leave out ‘14’ and insert ‘28’.

Miss Anne McIntosh

Mr David Ruffley

Not called  26

Clause  23,  page  23,  line  21,  at end insert—

‘( )
The principal litter authority shall provide the authorised officer with the means

or equipment by which the officer may contact the police directly and request

immediate assistance at any time during the seizure or attempted seizure of

material under sub-paragraph (1) above.’.

Matthew Green

Sue Doughty

Not called  79

Clause  23,  page  21,  line  27,  leave out ‘and’.

S.C.G.Standing Committee Proceedings: 20th January 2005
11

Clean Neighbourhoods and Environment Bill, continued

Matthew Green

Sue Doughty

Not called  80

Clause  23,  page  21,  line  28,  after ‘land’, insert ‘; and

(c)
post a notice of its decision on the internet for the duration of the order.’

Matthew Green

Sue Doughty

Not called  81

Clause  23,  page  21,  line  40,  leave out ‘and’.

Matthew Green

Sue Doughty

Not called  82

Clause  23,  page  21,  line  41,  after ‘land’, insert ‘; and

(c)
post a notice of any revocation on the internet.’.

Matthew Green

Sue Doughty

Not called  83

Clause  23,  page  22,  line  5,  after ‘paragraph’, insert ‘must be given in writing by an

authorised officer of the authority and’.

Matthew Green

Sue Doughty

Not called  84

Clause  23,  page  22,  line  11,  after ‘distribution’, insert ‘;

(e)
by requirement to clear any litter resulting from the material distributed’.

Matthew Green

Sue Doughty

Not called  85

Clause  23,  page  22,  leave out lines 16 to 20.

Matthew Green

Sue Doughty

Not called  86

Clause  23,  page  23,  line  43,  after ‘may’, insert ‘, after 28 days,’.

Matthew Green

Sue Doughty

Not called  87

Clause  23,  page  24,  line  6,  after ‘person’, insert ‘, or any such person under whose

employ that person was distributing printed matter,’.

Matthew Green

Sue Doughty

Not called  88

Clause  23,  page  25,  leave out lines 4 to 7.

S.C.G.Standing Committee Proceedings: 20th January 2005
12

Clean Neighbourhoods and Environment Bill, continued

Matthew Green

Sue Doughty

Not called  89

Clause  23,  page  25,  leave out lines 8 and 9.

Clause Agreed to.

———

Miss Anne McIntosh

Mr David Ruffley

Withdrawn  56

Clause  31,  page  28,  line  20,  leave out ‘which is affixed without authorisation to

any surface,’ and insert ‘affixed to any surface—

(a)
without the consent of the surface owner; and

(b)
without deemed or express consent under Town and Country Planning

(Control of Advertisements) Regulations 1992 (as amended) or which is

an advertisement to which Part II and III of the Regulations do not apply

under Regulations 3(2).’.

Matthew Green

Sue Doughty

Not called  60

Clause  31,  page  28,  line  20,  leave out from ‘affixed’ to end of line 21 and insert ‘to

any surface without authorisation of the owner of that surface.’.

Miss Anne McIntosh

Mr David Ruffley

Not selected  98

Page  28,  line  13,  leave out Clause 31.

Clause Agreed to.

——————————

Matthew Green

Sue Doughty

Withdrawn  61

Clause  34,  page  29,  line  25,  leave out ‘or obliterate’.

Miss Anne McIntosh

Mr David Ruffley

Matthew Green

Sue Doughty

Not called  59

Clause  34,  page  30,  line  11,  at end insert—

‘(7)
Without prejudice to the generality of subsections (3) and (4), a person shall be

deemed to display or cause to be displayed a placard or poster for the purposes of

those subsections except when the placard or poster is displayed on a hoarding or

other structure designed for the display of advertisements.’.

Clause Agreed to.

S.C.G.Standing Committee Proceedings: 20th January 2005
13

Clean Neighbourhoods and Environment Bill, continued

Clause 35 Agreed to.

——————————

Matthew Green

Sue Doughty

Withdrawn  90

Clause  36,  page  31,  line  10,  after ‘impose’, insert ‘reasonable’.

Clause Agreed to.

——————————

Miss Anne McIntosh

Mr David Ruffley

Withdrawn  65

Clause  37,  page  31,  leave out lines 44 and 45 and insert—

‘( )
by producing it at a place specified by the authorised officer or constable within

ten days; or’.

Miss Anne McIntosh

Mr David Ruffley

Not called  66

Clause  37,  page  31,  leave out line 46 and insert—

‘( )
by nominating a person to produce it forthwith to the authorised officer or

constable.’.

Matthew Green

Sue Doughty

Not called  91

Clause  37,  page  32,  line  28,  leave out ‘or was being’ and insert ‘, was being, or

would have been’.

Matthew Green

Sue Doughty

Not called  92

Clause  37,  page  33,  line  9,  leave out ‘may’ and insert ‘must’.

Matthew Green

Sue Doughty

Not called  93

Clause  37,  page  33,  line  19,  at end insert ‘;

(f)
the return of personal possessions contained withing the vehicle that do

not relate to the suspected transportation of controlled waste in

contravention of section1(1) above’.

Clause Agreed to.

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