S.C.G.
Amendment Paper as at
Thursday 20th January 2005
STANDING COMMITTEE G
New Amendments handed in are marked thus *
CLEAN NEIGHBOURHOODS AND ENVIRONMENT BILL
NOTE
The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee.
Miss Anne McIntosh
Mr David Ruffley
28
Clause 20, page 17, leave out lines 2 to 10.
Matthew Green
Sue Doughty
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
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
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;'.
Miss Anne McIntosh
Mr David Ruffley
62
Page 26, line 19, leave out Clause 27.
Miss Anne McIntosh
Mr David Ruffley
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
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
69
Clause 19, page 16, line 7, after 'council', insert 'with accreditation under the Quality Council Scheme'.
Matthew Green
Sue Doughty
70
Clause 19, page 16, leave out lines 13 to 16.
Matthew Green
Sue Doughty
71
Clause 19, page 16, leave out lines 17 to 19.
Matthew Green
Sue Doughty
72
Clause 19, page 16, line 24, after 'section', insert' ; or for conferring authorisation to give notices under this section onto his employees.'.
Miss Anne McIntosh
Mr David Ruffley
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
52
Clause 22, page 19, line 32, at end insert—
'( ) There will be a right of appeal against the issuing of Fixed Penalty Notices.'.
Miss Anne McIntosh
Mr David Ruffley
27
Clause 28, page 27, line 13, at beginning insert 'Following consultation with local authorities and other interested parties'.
Matthew Green
Sue Doughty
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.'.
Miss Anne McIntosh
Mr David Ruffley
53
Clause 30, page 27, leave out lines 40 to 42.
Matthew Green
Sue Doughty
74
Clause 23, page 20, leave out lines 25 and 26.
Matthew Green
Sue Doughty
75
Clause 23, page 21, line 10, leave out 'and'.
Matthew Green
Sue Doughty
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
77
Clause 23, page 21, line 15, leave out '28' and insert '42'.
Matthew Green
Sue Doughty
78
Clause 23, page 21, line 19, leave out '14' and insert '28'.
Miss Anne McIntosh
Mr David Ruffley
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
79
Clause 23, page 21, line 27, leave out 'and'.
Matthew Green
Sue Doughty
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
81
Clause 23, page 21, line 40, leave out 'and'.
Matthew Green
Sue Doughty
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
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
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
85
Clause 23, page 22, leave out lines 16 to 20.
Matthew Green
Sue Doughty
86
Clause 23, page 23, line 43, after 'may', insert ', after 28 days,'.
Matthew Green
Sue Doughty
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
88
Clause 23, page 25, leave out lines 4 to 7.
Matthew Green
Sue Doughty
89
Clause 23, page 25, leave out lines 8 and 9.
Miss Anne McIntosh
Mr David Ruffley
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
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
98
Page 28, line 13, leave out Clause 31.
Matthew Green
Sue Doughty
61
Clause 34, page 29, line 25, leave out 'or obliterate'.
Miss Anne McIntosh
Mr David Ruffley
Matthew Green
Sue Doughty
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.'.
Matthew Green
Sue Doughty
90
Clause 36, page 31, line 10, after 'impose', insert 'reasonable'.
Miss Anne McIntosh
Mr David Ruffley
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
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
91
Clause 37, page 32, line 28, leave out 'or was being' and insert ', was being, or would have been'.
