S.C.G.
Amendment Paper as at
Tuesday 1st February 2005
STANDING COMMITTEE G
CLEAN NEIGHBOURHOODS AND ENVIRONMENT BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [18th January].
Miss Anne McIntosh
Mr David Ruffley
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
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
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
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
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;"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
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;'.
Alun Michael
120
Clause 108, page 78, line 43, at end insert—
| '(da) | section 68 and Part 6 of Schedule 5;'. |
Alun Michael
121
Clause 108, page 79, leave out line 22.
Miss Anne McIntosh
Mr David Ruffley
1
Clause 111, page 80, line 3, leave out 'Clean Neighbourhoods and' and insert 'Cleaner and Safer'.
New Clauses
Illegal deposit or disposal of waste (power of arrest)
Miss Anne McIntosh
Mr David Ruffley
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—
Producer responsibility for litter caused by discarded chewing gum etc.
Sue Doughty
Matthew Green
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.'.
Fixed penalty notices: guidelines for local authorities and the police
Miss Anne McIntosh
Mr David Ruffley
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
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
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.'. |
Charges for the collection of household waste
Paddy Tipping
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
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
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.'. |
Incentive schemes for collection of householder waste
Sue Doughty
Matthew Green
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.'.
