Clean Neighbourhoods and Environment Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Clean Neighbourhoods and Environment Bill

Clean Neighbourhoods and Environment Bill
Part 5 — Waste
Chapter 1 — Transport of waste
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5A
Seizure of vehicles etc: supplementary
(1)
Where under section 5 above an authorised officer of a regulation
authority or a constable seizes a vehicle or its contents (“seized
property”) on behalf of a regulation authority, the authority may
remove the seized property to such a place as the authority consider
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appropriate.
(2)
A regulation authority must deal with any seized property in
accordance with regulations made by the appropriate person.
(3)
Regulations under subsection (2) above may in particular include
provision as to—
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(a)
the duties of a regulation authority in relation to the safe
custody of seized property;
(b)
the circumstances in which the authority must return any such
property to a person claiming entitlement to it;
(c)
the manner in which such persons, and the seized property to
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which they are entitled, may be determined;
(d)
the circumstances in which the authority may sell, destroy or
otherwise dispose of seized property;
(e)
the uses to which the proceeds of any such sale may be put.
(4)
Regulations making provision under subsection (3)(d) above—
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(a)
must (subject to paragraph (c) below) require the regulation
authority to publish a notice in such form, and to take any other
steps, as may be specified in the regulations for informing
persons who may be entitled to the seized property that it has
been seized and is available to be claimed;
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(b)
must (subject to paragraph (c) below) prohibit the authority
from selling, destroying or otherwise disposing of any seized
property unless a period specified in the regulations has
expired without any obligation arising under the regulations
for the authority to return the property to any person;
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(c)
may allow for the requirements in paragraphs (a) and (b) above
to be dispensed with if the condition of the seized property
requires its disposal without delay.
(5)
The appropriate person may issue guidance to regulation authorities in
relation to the performance of their functions under regulations under
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subsection (2) above.”
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Failure to produce authority: fixed penalty notices
(1)
In the Control of Pollution (Amendment) Act 1989 (c. 14), after section 5A (as
inserted by section 37 above) insert—
“5B
Fixed penalty notices for offences under section 5
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(1)
This section applies where it appears to a regulation authority that a
person has failed without reasonable excuse to comply with a
requirement under section 5(2)(a) above (requirement to produce
authority to transport waste).

Clean Neighbourhoods and Environment Bill
Part 5 — Waste
Chapter 1 — Transport of waste
34

(2)
The regulation authority may give that person a notice offering him the
opportunity of discharging any liability to conviction for an offence
under section 5(7)(a) above by payment of a fixed penalty.
(3)
Where a person is given a notice under this section in respect of an
offence—
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(a)
no proceedings may be instituted for that offence before
expiration of the period of fourteen days following the date of
the notice; and
(b)
he may not be convicted of that offence if he pays the fixed
penalty before the expiration of the period.
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(4)
A notice under this section must give such particulars of the
circumstances alleged to constitute the offence as are necessary for
giving reasonable information of the offence.
(5)
A notice under this section must also state—
(a)
the period during which, by virtue of subsection (3) above,
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proceedings will not be taken for the offence;
(b)
the amount of the fixed penalty; and
(c)
the person to whom and the address at which the fixed penalty
may be paid.
(6)
Without prejudice to payment by any other method, payment of the
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fixed penalty may be made by pre-paying and posting a letter
containing the amount of the penalty (in cash or otherwise) to the
person mentioned in subsection (5)(c) above at the address so
mentioned.
(7)
Where a letter is sent in accordance with subsection (6) above payment
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is to be regarded as having been made at the time at which that letter
would be delivered in the ordinary course of post.
(8)
The form of a notice under this section must be such as the appropriate
person may by order prescribe.
(9)
The fixed penalty payable to a regulation authority under this section
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is, subject to subsection (10) below, £300.
(10)
The appropriate person may by order substitute a different amount for
the amount for the time being specified in subsection (9) above.
(11)
The regulation authority to which a fixed penalty is payable under this
section may make provision for treating it as having been paid if a
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lesser amount is paid before the end of a period specified by the
authority.
(12)
The appropriate person may by regulations restrict the extent to which,
and the circumstances in which, a regulation authority may make
provision under subsection (11) above.
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(13)
In any proceedings a certificate which—
(a)
purports to be signed on behalf of the chief finance officer of the
regulation authority, and
(b)
states that payment of a fixed penalty was or was not received
by a date specified in the certificate,
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is evidence of the facts stated.

Clean Neighbourhoods and Environment Bill
Part 5 — Waste
Chapter 1 — Transport of waste
35

(14)
In this section “chief finance officer”, in relation to a regulation
authority, means the person having responsibility for the financial
affairs of the authority.
5C
Use of fixed penalties under section 5B
(1)
This section applies in relation to amounts paid to a regulation
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authority in pursuance of notices under section 5B above (its “fixed
penalty receipts”).
(2)
Fixed penalty receipts—
(a)
where received by the Environment Agency, must be paid to
the Secretary of State;
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(b)
where received by a waste collection authority, must be used in
accordance with the following provisions of this section.
(3)
A waste collection authority may use its fixed penalty receipts only for
the purposes of—
(a)
its functions under section 5 above (including functions relating
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to the enforcement of offences under that section);
(b)
such other of its functions as may be specified in regulations
made by the appropriate person.
(4)
Regulations under subsection (3)(b) above may in particular have the
effect that an authority may use its fixed penalty receipts for the
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purposes of any of its functions.
(5)
A waste collection authority must supply the appropriate person with
such information relating to its use of its fixed penalty receipts as the
appropriate person may require.
(6)
The appropriate person may by regulations—
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(a)
make provision for what a waste collection authority is to do
with its fixed penalty receipts—
(i)
pending their being used for the purposes of functions
of the authority referred to in subsection (3) above;
(ii)
if they are not so used before such time after their receipt
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as may be specified by the order;
(b)
make provision for accounting arrangements in respect of a
waste collection authority’s fixed penalty receipts.
(7)
The provision that may be made under subsection (6)(a)(ii) above
includes (in particular) provision for the payment of sums to a person
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(including the appropriate person) other than the authority.
(8)
Before making regulations under this section, the appropriate person
must consult—
(a)
the authorities to which the regulations are to apply;
(b)
such other persons as the appropriate person thinks fit.
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(9)
The powers to make regulations conferred by this section are, for the
purposes of subsection (1) of section 100 of the Local Government Act
2003, to be regarded as included among the powers mentioned in
subsection (2) of that section.”

Clean Neighbourhoods and Environment Bill
Part 5 — Waste
Chapter 2 — Deposit and disposal of waste
36

39
Interpretation
(1)
Section 9 of the Control of Pollution (Amendment) Act 1989 (c. 14)
(interpretation) is amended as follows.
(2)
In subsection (1), at the appropriate place insert—
““appropriate person” means—
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(a)
the Secretary of State, in relation to England;
(b)
the National Assembly for Wales, in relation to Wales.”
(3)
After subsection (1A) insert—
“(1B)
For the purposes of any provision of this Act, “authorised officer” in
relation to any authority means an officer of the authority who is
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authorised in writing by the authority for the purposes of that
provision.”
Chapter 2
Deposit and disposal of waste
Offence of unlawful deposit of waste etc
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40
Defence of acting under employer’s instructions
(1)
In section 33 of the Environmental Protection Act 1990 (c. 43) (offence of
unauthorised or harmful deposit etc of controlled waste), omit subsection
(7)(b) (defence of acting on employer’s instructions).
(2)
This section does not have effect in relation to an offence committed, or alleged
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to have been committed, before the commencement of this section.
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Penalties on conviction
(1)
In section 33 of the Environmental Protection Act 1990 (offence of
unauthorised or harmful deposit etc of waste), for subsections (8) and (9)
(penalties) substitute—
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“(8)
A person who commits an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not
exceeding 12 months or a fine not exceeding £50,000 or both;
(b)
on conviction on indictment, to imprisonment for a term not
exceeding five years or a fine or both.”
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(2)
Subsection (1) does not have effect in relation to offences committed before the
commencement of this section.
(3)
In relation to offences committed after the commencement of this section but
before the commencement of section 154(1) of the Criminal Justice Act 2003
(c. 44), the amendment made by this section has effect as if for “12 months”
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there were substituted “6 months”.