Clean Neighbourhoods and Environment Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Clean Neighbourhoods and Environment Bill

Clean Neighbourhoods and Environment Bill
Part 3 — Litter and refuse
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(4)
It is immaterial for the purposes of this section whether the litter is
deposited on land or in water.
(4A)
No offence is committed under subsection (1) above where the
depositing of the litter is—
(a)
authorised by law; or
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(b)
done by or with the consent of the owner, occupier or other
person having control of the place where it is deposited.
(4B)
A person may only give consent under subsection (4A)(b) above in
relation to the depositing of litter in a lake or pond or watercourse if he
is the owner, occupier or other person having control of—
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(a)
all the land adjoining that lake or pond or watercourse; and
(b)
all the land through or into which water in that lake or pond or
watercourse directly or indirectly discharges, otherwise than by
means of a public sewer.
(4C)
In subsection (4B) above, “lake or pond”, “watercourse” and “public
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sewer” have the same meanings as in section 104 of the Water
Resources Act 1991.”
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Litter offence: fixed penalty notices
(1)
Section 88 of the Environmental Protection Act 1990 (c. 43) (fixed penalty
notices for leaving litter) is amended as follows.
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(2)
For subsections (6) and (7) (amount of fixed penalty) substitute—
“(6)
The fixed penalty payable in pursuance of a notice under this section is
payable to the litter authority whose authorised officer gave the notice.
(6A)
The amount of a fixed penalty payable in pursuance of a notice under
this section—
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(a)
is the amount specified by a principal litter authority in relation
to its area (whether the penalty is payable to that or another
authority), or
(b)
if no amount is so specified, is £75.
(6B)
The reference in subsection (6A) above to a principal litter authority
30
does not include an English county council for an area for which there
is also a district council.
(7)
The litter authority to which a fixed penalty is payable under this
section may make provision for treating it as having been paid if a
lesser amount is paid before the end of a period specified by the
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authority.”
(3)
After subsection (8) insert—
“(8A)
If an authorised officer of a litter authority proposes to give a person a
notice under this section, the officer may require the person to give him
his name and address.
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(8B)
A person commits an offence if—
(a)
he fails to give his name and address when required to do so
under subsection (8A) above, or

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(b)
he gives a false or inaccurate name or address in response to a
requirement under that subsection.
(8C)
A person guilty of an offence under subsection (8B) above is liable on
summary conviction to a fine not exceeding level 3 on the standard
scale.”
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(4)
In subsection (9), at the end insert—
“(f)
a parish or community council.”
(5)
In subsection (10), for the definition of “authorised officer” substitute—
““authorised officer, in relation to a litter authority, means—
(a)
an employee of the authority who is authorised in
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writing by the authority for the purpose of giving
notices under this section;
(b)
any person who, in pursuance of arrangements made
with the authority, has the function of giving such
notices and is authorised in writing by the authority to
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perform that function; and
(c)
any employee of such a person who is authorised in
writing by the authority for the purpose of giving such
notices;”.
(6)
After that subsection insert—
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“(11)
The appropriate person may by regulations prescribe conditions to be
satisfied by a person before a parish or community council may
authorise him in writing for the purpose of giving notices under this
section.”
Local authority notices
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20
Litter clearing notices
(1)
Section 90 of the Environmental Protection Act 1990 (c. 43) (litter control areas)
shall cease to have effect.
(2)
After section 92 of that Act insert—
“92A
Litter clearing notices
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(1)
A principal litter authority may in accordance with this section serve a
notice (a “litter clearing notice”) in relation to any land in its area which
is open to the air.
(2)
Before serving a litter clearing notice in relation to any land a principal
litter authority must be satisfied that the land is defaced by litter or
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refuse so as to be detrimental to the amenity of the locality.
(3)
A litter clearing notice is to require the person on whom it is served—
(a)
to clear the land of the litter or refuse; and
(b)
if the authority is satisfied that the land is likely to become
defaced by litter or refuse again, to take reasonable steps to
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prevent it from becoming so defaced.
(4)
A litter clearing notice must be served on—
(a)
the occupier of the land to which it relates; or

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Part 3 — Litter and refuse
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(b)
if the land is not occupied, the owner.
(5)
A litter clearing notice imposing a requirement under subsection (3)(a)
above may specify—
(a)
a period within which the requirement must be complied with;
(b)
standards of compliance.
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(6)
A period specified under subsection (5)(a) above may not be less than
28 days beginning with the day on which the notice is served.
(7)
A principal litter authority must, in specifying standards under
subsection (5)(b) above, have regard to any guidance given to the
authority by the appropriate person.
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(8)
The form and content of a litter clearing notice is to be such as the
appropriate person may by order specify.
(9)
Where a principal litter authority proposes to serve a litter clearing
notice in respect of any land but is unable after reasonable enquiry to
ascertain the name or proper address of the occupier of the land (or, if
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the land is unoccupied, the owner)—
(a)
the authority may post the notice on the land (and may enter
any land to the extent reasonably necessary for that purpose),
and
(b)
the notice is to be treated as having been served upon the
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occupier (or, if the land is unoccupied, the owner) at the time
the notice is posted.
(10)
Subsection (1) above does not apply to an English county council for an
area for which there is a district council.
(11)
A litter clearing notice may not be served in relation to land of any of
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the following descriptions—
(a)
a highway maintainable at the public expense;
(b)
land under the direct control of a principal litter authority;
(c)
Crown land;
(d)
relevant land of a designated statutory undertaker;
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(e)
relevant land of a designated educational institution;
(f)
land which is covered (but “open to the air” for the purposes of
this Part by virtue of section 86(13) above) and to which the
public are not entitled or permitted to have access, with or
without payment.
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92B
Appeals against litter clearing notices
(1)
A person on whom a litter clearing notice is served under section 92A
above may appeal against it to a magistrates’ court in accordance with
the provisions of this section.
(2)
An appeal under this section must be made within a period of 21 days
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beginning with the day on which the notice is served.
(3)
The grounds on which an appeal under this section may be made are
that—
(a)
there is a material defect or error in, or in connection with, the
notice;
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(b)
the notice should have been served on another person;

Clean Neighbourhoods and Environment Bill
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(c)
the land is not defaced by litter or refuse so as to be detrimental
to the amenity of the locality;
(d)
the action required is unfair or unduly onerous.
(4)
A notice against which an appeal under this section is made is of no
effect pending the final determination or withdrawal of the appeal.
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(5)
On the determination of an appeal under this section, the magistrates’
court must—
(a)
quash the notice;
(b)
modify the notice (including modifying it by extending the
period specified in it); or
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(c)
dismiss the appeal.
92C
Failure to comply with litter clearing notice
(1)
This section applies where the person on whom a litter clearing notice
is served under section 92A above fails without reasonable excuse to
comply with any requirement imposed by the notice.
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(2)
The person is guilty of an offence and liable on summary conviction to
a fine not exceeding level 4 on the standard scale.
(3)
The principal litter authority which served the notice or any person
authorised by the authority may enter the land to which the notice
relates and clear it of litter and refuse.
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(4)
Where a principal litter authority exercises the power in subsection (3)
above, it may require the person on whom the notice was served to pay
a reasonable charge in respect of the exercise of the power.
(5)
A principal litter authority may for the purposes of subsection (4) above
impose charges by reference to land of particular descriptions or
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categories (including categories determined by reference to surface
area).”
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Street litter control notices
(1)
In section 93 of the Environmental Protection Act 1990 (c. 43) (street litter
control notices), after subsection (3) insert—
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“(3A)
A vehicle or stall or other moveable structure which is used for one or
more commercial or retail activities while parked or set at a particular
place on or verging a street is to be treated for the purposes of this
section and section 94 below as if it were premises situated at that place
having a frontage on that street in the place where it is parked or set.
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(3B)
In subsection (3A) above, “vehicle” means any vehicle intended or
adapted for use on roads.”
(2)
In section 94 of that Act (supplementary provisions in relation to street litter
control notices), in subsection (4)(b) after “so specified” insert “(including the
standards to which any such thing must be done)”.
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(3)
In that section, for subsections (8) and (9) substitute—
“(8)
A person commits an offence if, without reasonable excuse, he fails to
comply with a requirement imposed on him by a notice.

Clean Neighbourhoods and Environment Bill
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(9)
A person guilty of an offence under subsection (8) above is liable on
summary conviction to a fine not exceeding level 4 on the standard
scale.”
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Failure to comply with notice: fixed penalty notices
After section 94 of the Environmental Protection Act 1990 (c. 43) insert—
5
“94A
Fixed penalty notices relating to sections 92C and 94
(1)
This section applies where on any occasion it appears to an authorised
officer of a principal litter authority that a person has committed an
offence under section 92C(2) or 94(8) above in relation to a notice served
by that authority.
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(2)
The authorised officer may give that person a notice offering him the
opportunity of discharging any liability to conviction for the offence by
payment of a fixed penalty to the principal litter authority.
(3)
Subsections (2) to (5) of section 88 above (fixed penalty notices for
leaving litter) apply to in relation to notices given under this section as
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they apply in relation to notices given under that section.
(4)
The amount of a fixed penalty payable to a principal litter authority
under this section is—
(a)
the amount specified by the authority in relation to its area (and
an authority may specify different amounts for the two different
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offences referred to in subsection (1) above); or
(b)
if no amount is so specified, £100.
(5)
The principal litter authority to which a fixed penalty is payable under
this section may make provision for treating it as having been paid if a
lesser amount is paid before the end of a period specified by the
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authority.
(6)
In any proceedings a certificate which—
(a)
purports to be signed by or on behalf of the chief finance officer
of a principal litter authority; and
(b)
states that payment of a fixed penalty was or was not received
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by the date specified in the certificate,

is evidence of the facts stated.
(7)
In this section—
“authorised officer”, in relation to a principal litter authority,
means an officer of the authority who is authorised in writing
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by the authority for the purposes of giving notices under this
section;
“chief finance officer”, in relation to a principal litter authority,
means the person having responsibility for the financial affairs
of that authority.”
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Free distribution of printed matter
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Controls on free distribution of printed matter
(1)
In the Environmental Protection Act 1990, after section 94A (as inserted by

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section 22 above) insert—
“94B
Free distribution of printed matter
Schedule 3A (distribution of printed matter on designated land) has
effect.”
(2)
In that Act, after Schedule 3 insert—
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“Schedule 3A
Free distribution of printed matter on designated land
Offence of unauthorised distribution
1     (1)
A person commits an offence if he distributes any free printed matter
without the consent of a principal litter authority on any land which
10
is designated by the authority under this Schedule, where the person
knows that the land is so designated.
      (2)
A person commits an offence if he causes another person to
distribute any free printed matter without the consent of a principal
litter authority on any land designated by the authority under this
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Schedule.
      (3)
A person is not guilty of an offence under sub-paragraph (2) if he
took reasonable steps to ensure that the distribution did not occur on
any land designated under this Schedule.
      (4)
Nothing in this paragraph applies to the distribution of printed
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matter—
(a)
by or on behalf of a charity within the meaning of the
Charities Act 1993, where the printed matter relates to or is
intended for the benefit of the charity;
(b)
where the distribution is for political purposes or for the
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purposes of a religion or belief.
      (5)
A person guilty of an offence under this paragraph is liable on
summary conviction to a fine not exceeding level 4 on the standard
scale.
      (6)
For the purposes of this Schedule—
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(a)
to “distribute” printed matter means to give it out to, or offer
or make it available to, members of the public and includes
placing it on or affixing it to vehicles, but does not include
putting it inside a building or letter-box;
(b)
printed matter is “free” if it is distributed without charge to
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the persons to whom it is distributed.
Designation
2     (1)
A principal litter authority may by order in accordance with this
paragraph designate land in its area for the purposes of this
Schedule.
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      (2)
The land designated must consist of—
(a)
relevant land of the authority;

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(b)
all or part of any relevant highway for which the authority is
responsible; or
(c)
both.
      (3)
A principal litter authority may only designate land where it is
satisfied that the land is being defaced by the discarding of free
5
printed matter which has been distributed there.
      (4)
Where a principal litter authority proposes to make an order under
sub-paragraph (1) above in respect of any land, it must—
(a)
publish a notice of its proposal in at least one newspaper
circulating in an area which includes the land; and
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(b)
post such a notice on the land.
      (5)
A notice under sub-paragraph (4) above must specify—
(a)
the land proposed to be designated;
(b)
the date on which it is proposed that the order is to come into
force (which may not be earlier than the end of a period of 28
15
days beginning with the day on which the notice is given);
(c)
the fact that objections may be made to the proposal, how
they may be made and the period within which they may be
made (being a period of at least 14 days beginning with the
day on which the notice is given).
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      (6)
Where after giving notice under sub-paragraph (4) above and taking
into account any objections duly made pursuant to sub-paragraph
(5)(c) above an authority decides to make an order under sub-
paragraph (1) above in respect of any or all of the land in respect of
which the notice was given, the authority must—
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(a)
publish a notice of its decision in at least one newspaper
circulating in an area which includes the land; and
(b)
post such a notice on the land.
      (7)
A notice under sub-paragraph (6) above must specify the date on
which the order is to come into force, being a date not earlier than—
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(a)
the end of the period of 14 days beginning with the day on
which the notice is given; and
(b)
the date referred to in sub-paragraph (5)(b) above.
      (8)
A principal litter authority may at any time revoke an order under
sub-paragraph (1) above in respect of any land to which the order
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relates.
      (9)
A principal litter authority must—
(a)
publish a notice of any revocation under sub-paragraph (8)
above in at least one newspaper circulating in an area which
includes the land in question; and
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(b)
post such a notice on the land.
     (10)
Sub-paragraph (1) above does not apply to an English county council
for an area for which there is a district council.