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Clean Neighbourhoods and Environment Bill


Clean Neighbourhoods and Environment Bill
Part 7 — Noise
Chapter 1 — Audible intruder alarms

58

 

(3)   

A person may be nominated as a key-holder in respect of premises under this

section only if—

(a)   

he holds keys sufficient to enable him to gain access to the part of the

premises in which the controls for the alarm are situated;

(b)   

he normally resides or is situated in the vicinity of the premises;

5

(c)   

he has information sufficient to enable him to silence the alarm;

(d)   

he agrees to be a nominated key-holder in respect of the premises;

(e)   

where the premises are residential premises, he falls within subsection

(4);

(f)   

where the premises are non-residential premises, he falls within

10

subsection (5).

(4)   

A person falls within this subsection if he is—

(a)   

an individual who is not the occupier of the premises, or

(b)   

a key-holding company.

(5)   

A person falls within this subsection if he is—

15

(a)   

an individual who—

(i)   

is the responsible person, or

(ii)   

is acting on behalf of the responsible person, if the responsible

person is not an individual, or

(b)   

a key-holding company.

20

(6)   

If the responsible person becomes aware that a person who has been

nominated as a key-holder in respect of premises under this section no longer

satisfies one or more of the requirements in subsection (3), the responsible

person must before the end of the required period nominate another person as

a key-holder in respect of the premises.

25

(7)   

The required period for the purposes of subsection (6) is the period of 28 days

starting with the date on which the responsible person becomes aware of that

fact.

(8)   

In this section—

“key-holding company” means a body corporate or an unincorporated

30

association—

(a)   

the business of which consists of or includes holding keys, and

(b)   

which is capable of being contacted at any hour of the day;

“non-residential premises” means premises which are not residential

premises;

35

“residential premises” means premises all or part of which comprise a

dwelling.

73      

Offences under section 71: fixed penalty notices

(1)   

This section applies if it appears to an authorised officer of a local authority that

a person has committed an offence under section 71(4) in the area of the local

40

authority.

(2)   

The officer may give the person a notice offering him the opportunity of

discharging any liability to conviction for the offence by payment of a fixed

penalty.

(3)   

If a person is given a notice under this section in respect of an offence—

45

 
 

Clean Neighbourhoods and Environment Bill
Part 7 — Noise
Chapter 1 — Audible intruder alarms

59

 

(a)   

no proceedings may be instituted for the offence before the end of the

period of 14 days starting with the day after that on which the notice is

given, and

(b)   

he may not be convicted of the offence if he pays the fixed penalty

before the end of that period.

5

(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), proceedings will

10

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)   

Payment of the fixed penalty may be made by pre-paying and posting a letter

15

containing the amount of the penalty (in cash or otherwise) to the person

mentioned in subsection (5)(c) at the address so mentioned.

(7)   

If a letter is sent in accordance with subsection (6) payment is to be regarded as

having been made at the time at which the letter would be delivered in the

ordinary course of post.

20

(8)   

Subsection (6) does not prevent payment of the fixed penalty being made by

another method.

(9)   

In any proceedings a certificate which—

(a)   

purports to be signed by or on behalf of the chief finance officer of a

local authority, and

25

(b)   

states that payment of a fixed penalty was or was not received by a date

specified in the certificate,

   

is evidence of the facts stated.

(10)   

The form of a notice under this section is to be such as the appropriate person

may by order prescribe.

30

(11)   

In this section—

“authorised officer”, in relation to a local authority, means—

(a)   

an employee of the authority who is authorised in writing by

the authority for the purpose of giving notices under this

section;

35

(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 perform that function;

(c)   

any employee of such a person who is authorised in writing by

the authority for the purpose of giving such notices;

40

“chief finance officer”, in relation to a local authority, is the person having

responsibility for the financial affairs of the authority.

74      

Amount of fixed penalty

(1)   

This section applies in relation to a penalty payable to a local authority in

pursuance of a notice under section 73.

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Clean Neighbourhoods and Environment Bill
Part 7 — Noise
Chapter 1 — Audible intruder alarms

60

 

(2)   

The amount of the penalty is—

(a)   

the amount specified by the local authority in relation to its area, or

(b)   

if no amount is so specified, £75.

(3)   

The local authority may make provision for treating the penalty as having been

paid if a lesser amount is paid before the end of a period specified by the

5

authority.

(4)   

The appropriate person may by regulations make provision in connection with

the powers conferred on local authorities under subsections (2)(a) and (3).

(5)   

Regulations under subsection (4) may (in particular)—

(a)   

require an amount specified under subsection (2)(a) to fall within a

10

range prescribed in the regulations;

(b)   

restrict the extent to which, and the circumstances in which, an

authority can make provision under subsection (3).

(6)   

The appropriate person may by order substitute a different amount for the

amount for the time being specified in subsection (2)(b).

15

75      

Use of fixed penalty receipts

(1)   

A local authority may use any sums it receives in respect of fixed penalties

payable in pursuance of notices given under section 73 (its “penalty receipts”)

only for the purposes of functions of its that are qualifying functions.

(2)   

The following are qualifying functions for the purposes of this section—

20

(a)   

functions under this Chapter;

(b)   

functions under the Noise Act 1996 (c. 37);

(c)   

functions under sections 79 to 82 of the Environmental Protection Act

1990 (c. 43) (statutory nuisances) in connection with statutory

nuisances falling with section 79(1)(g) or (ga) (noise) of that Act;

25

(d)   

functions of a description specified in regulations made by the

appropriate person.

(3)   

Regulations under subsection (2)(d) may (in particular) have the effect that a

local authority may use its penalty receipts for the purposes of any of its

functions.

30

(4)   

A local authority must supply the appropriate person with such information

relating to the use of its penalty receipts as the appropriate person may require.

(5)   

The appropriate person may by regulations—

(a)   

make provision for what a local authority is to do with its penalty

receipts—

35

(i)   

pending their being used for the purposes of qualifying

functions of the authority;

(ii)   

if they are not so used before such time after their receipt as may

be specified by the regulations;

(b)   

make provision for accounting arrangements in respect of a local

40

authority’s penalty receipts.

(6)   

The provision that may be made under subsection (5)(a)(ii) includes (in

particular) provision for the payment of sums to a person (including the

appropriate person) other than the local authority.

 
 

Clean Neighbourhoods and Environment Bill
Part 7 — Noise
Chapter 1 — Audible intruder alarms

61

 

(7)   

Before making regulations under this section the appropriate person must

consult—

(a)   

the local authorities to which the regulations are to apply, and

(b)   

such other persons as the appropriate person thinks fit.

(8)   

The powers to make regulations conferred by this section are, for the purposes

5

of subsection (1) of section 100 of the Local Government Act 2003 (c. 26), to be

regarded as included among the powers mentioned in subsection (2) of that

section.

76      

Fixed penalty notices: power to require name and address

(1)   

If an authorised officer of a local authority proposes to give a person a notice

10

under section 73, the officer may require the person to give him his name and

address.

(2)   

A person commits an offence if—

(a)   

he fails to give his name and address when required to do so under

subsection (1), or

15

(b)   

he gives a false or inaccurate name or address in response to a

requirement under that subsection.

(3)   

A person guilty of an offence under subsection (2) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

(4)   

“Authorised officer” has the meaning given in section 73.

20

Powers in relation to alarms

77      

Power of entry

(1)   

This section applies if an authorised officer of a local authority is satisfied that

the conditions in subsection (2) are met in relation to an audible intruder alarm

installed in or on premises in the area of the local authority.

25

(2)   

The conditions are—

(a)   

that the alarm has been sounding continuously for more than twenty

minutes or intermittently for more than one hour;

(b)   

that the sounding of the alarm is likely to give persons living or

working in the vicinity of the premises reasonable cause for annoyance;

30

(c)   

if the premises are in an alarm notification area, that reasonable steps

have been taken to get the nominated key-holder to silence the alarm.

(3)   

The officer may enter the premises for the purpose of silencing the alarm.

(4)   

The officer may not enter premises by force under this section.

(5)   

The officer must, if required, show evidence of his authority to act under this

35

section.

(6)   

In this section—

“authorised officer” means an officer of a local authority who is

authorised by the authority (generally or specifically) for the purposes

of this section;

40

 
 

Clean Neighbourhoods and Environment Bill
Part 7 — Noise
Chapter 1 — Audible intruder alarms

62

 

“nominated key-holder”, in respect of premises in the area of a local

authority, means a person in respect of whom the authority has

received notification in accordance with section 71(2)(b).

78      

Warrant to enter premises by force

(1)   

This section applies if, on an application made by an authorised officer of a

5

local authority, a justice of the peace is satisfied—

(a)   

that the conditions in section 77(2)(a) and (b) are met in relation to an

audible intruder alarm installed in or on premises in the area of the

local authority,

(b)   

if the premises are in an alarm notification area, that the condition in

10

section 77(2)(c) is met, and

(c)   

that the officer is unable to gain entry to the premises without the use

of force.

(2)   

The justice of the peace may issue a warrant authorising the officer to enter the

premises, using reasonable force if necessary, for the purpose of silencing the

15

alarm.

(3)   

Before applying for a warrant under this section, the officer must leave a notice

at the premises stating—

(a)   

that the officer is satisfied that the sounding of the alarm is likely to give

persons living or working in the vicinity of the premises reasonable

20

cause for annoyance, and

(b)   

that an application is to be made for a warrant authorising the officer to

enter the premises, using reasonable force if necessary, for the purpose

of silencing the alarm.

(4)   

The officer must, if required, show evidence of a warrant issued under this

25

section.

(5)   

“Authorised officer” has the meaning given in section 77.

79      

Powers of entry: supplementary

(1)   

This section applies where an officer of a local authority enters any premises

under section 77 or under a warrant issued under section 78.

30

(2)   

The officer may take any steps he thinks necessary for the purpose of silencing

the alarm.

(3)   

The officer may take with him—

(a)   

such other persons, and

(b)   

such equipment,

35

   

as he thinks necessary for the purpose of silencing the alarm.

(4)   

The officer and any person who enters the premises with him by virtue of

subsection (3) must not cause more damage to or disturbance at the premises

than is necessary for the purpose of silencing the alarm.

(5)   

If the premises are unoccupied or (where the premises are occupied) the

40

occupier of the premises is temporarily absent the officer must—

(a)   

leave a notice at the premises stating what action has been taken on the

premises under this section and section 77 or 78;

 
 

Clean Neighbourhoods and Environment Bill
Part 7 — Noise
Chapter 1 — Audible intruder alarms

63

 

(b)   

leave the premises (so far as is reasonably practicable) as effectively

secured against entry as he found them.

(6)   

But the officer is not required by virtue of subsection (5)(b) to re-set the alarm.

(7)   

Any expenses reasonably incurred by the local authority in connection with

entering the premises, silencing the alarm and complying with subsection (5)

5

may be recovered by the authority from the responsible person.

(8)   

A warrant under section 78 continues in force until—

(a)   

the alarm has been silenced, and

(b)   

the officer has complied with subsection (5) (if that subsection applies).

(9)   

Nothing done by, or by a member of, a local authority or by an officer of or

10

another person authorised by a local authority, if done in good faith for the

purposes of section 77, 78 or this section, is to subject the authority or any of

those persons personally to any action, liability, claim or demand.

Supplementary

80      

Orders and regulations

15

(1)   

This section applies to a power conferred on the appropriate person under any

provision of this Chapter to make an order or regulations.

(2)   

The power includes—

(a)   

power to make different provision for different purposes (including

different provision for different local authorities and descriptions of

20

local authority);

(b)   

power to make consequential, supplementary, incidental, transitional

and saving provision.

(3)   

The power is exercisable by statutory instrument.

(4)   

A statutory instrument containing an order or regulations made by the

25

Secretary of State under any provision of this Chapter is subject to annulment

in pursuance of a resolution of either House of Parliament.

81      

Interpretation

(1)   

In this Chapter—

“alarm notification area” means an area in respect of which a designation

30

under section 69 has effect;

“the appropriate person” is—

(a)   

in relation to a local authority in England, the Secretary of State;

(b)   

in relation to a local authority in Wales, the National Assembly

for Wales;

35

“local authority” means—

(a)   

a district council in England;

(b)   

a county council in England for an area for which there is no

district council;

(c)   

a London borough council;

40

(d)   

the Common Council of the City of London;

(e)   

the Council of the Isles of Scilly;

 
 

Clean Neighbourhoods and Environment Bill
Part 7 — Noise
Chapter 2 — General

64

 

(f)   

a county or county borough council in Wales;

“the occupier” in respect of premises means (subject to subsection (2))—

(a)   

a person occupying the premises, or

(b)   

if the premises are unoccupied, a person entitled to occupy the

premises (other than the owner);

5

“premises” does not include a vehicle;

“the responsible person” in respect of premises means—

(a)   

the occupier, or

(b)   

if there is no occupier, the owner.

(2)   

The fact that a person is occupying premises is to be disregarded for the

10

purposes of this Chapter if—

(a)   

the premises comprise a building that is being erected, constructed,

altered, improved, maintained, cleaned or repaired,

(b)   

the person is occupying the premises in connection with the erection,

construction, alteration, improvement, maintenance, cleaning or repair,

15

and

(c)   

the person is doing so by virtue of a licence granted for less than four

weeks.

Chapter 2

General

20

Noise from premises

82      

Noise offences: fixed penalty notices

(1)   

In section 8 of the Noise Act 1996 (c. 37) (fixed penalty notices), omit subsection

(8) (amount of fixed penalty).

(2)   

After that section insert—

25

“8A     

Amount of fixed penalty

(1)   

This section applies in relation to a fixed penalty payable to a local

authority in pursuance of a notice under section 8.

(2)   

The amount of the fixed penalty—

(a)   

is the amount specified by the local authority in relation to the

30

authority’s area, or

(b)   

if no amount is so specified, is £100.

(3)   

The local authority may make provision for treating the fixed penalty

as having been paid if a lesser amount is paid before the end of a period

specified by the authority.

35

(4)   

The appropriate person may by regulations make provision in

connection with the powers conferred on local authorities under

subsections (2)(a) and (3).

(5)   

Regulations under subsection (4) may (in particular)—

(a)   

require an amount specified under subsection (2)(a) to fall

40

within a range prescribed in the regulations;

 
 

 
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