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 8 — Architecture and the built environment
70

Financial assistance
94
Architecture and the built environment: financial assistance
(1)
The Secretary of State may give financial assistance to a person for a purpose
which appears to the Secretary of State to be connected with the promotion of
education or high standards in, or understanding or appreciation of—
5
(a)
architecture, or
(b)
the design, management or maintenance of the built environment.
(2)
Financial assistance under this section may be given in such form as the
Secretary of State thinks fit and in particular may be given by—
(a)
making grants (whether or not repayable) or loans;
10
(b)
giving guarantees;
(c)
incurring expenditure;
(d)
providing services, staff or equipment.
(3)
Financial assistance under this section may be given subject to conditions
imposed by the Secretary of State or the Treasury.
15
(4)
If the Secretary of State makes an order under section 89 he may by order
amend this section to ensure that the purposes for which financial assistance
may be given under this section reflect any changes made to the functions of
the Commission by the order under section 89.
(5)
“The built environment” includes—
20
(a)
any structure or area built or designed for human use (such as squares,
parks and recreation areas);
(b)
any area available for public use which is in the vicinity of such a
structure or within or in the vicinity of such an area.
Supplementary
25
95
Orders
(1)
This section applies to a power to make an order conferred on the Secretary of
State by any provision of this Part.
(2)
The power includes—
(a)
power to make different provision for different purposes;
30
(b)
power to make consequential, supplementary, incidental, transitional
and saving provision.
(3)
The power is exercisable by statutory instrument.
(4)
Subject to subsection (5), the Secretary of State may not make a statutory
instrument containing an order under this Part unless a draft of the order has
35
been laid before and approved by a resolution of each House of Parliament.
(5)
A statutory instrument containing an order under paragraph 2(4) of Schedule
2 is subject to annulment in pursuance of a resolution of either House of
Parliament.

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Part 9 — Miscellaneous
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Part 9
Miscellaneous
Use of fixed penalty receipts
96
Use of fixed penalty receipts: higher tier authorities
(1)
This section applies in relation to—
5
(a)
amounts paid to an authority, other than a parish or community
council, in pursuance of notices under sections 88 and 94A of and
paragraph 7 of Schedule 3A to the Environmental Protection Act 1990
(c. 43);
(b)
amounts paid to an authority, other than a parish or community
10
council, in pursuance of notices under section 43(1) of the Anti-social
Behaviour Act 2003 (c. 38);
(c)
amounts paid to a primary authority, within the meaning of Chapter 1
of Part 6 above, in pursuance of notices under section 59 above.
(2)
The amounts to which this section applies which are paid to an authority are
15
in this section called the authority’s “fixed penalty receipts”.
(3)
An authority may use its fixed penalty receipts only for the purposes of
qualifying functions of the authority.
(4)
For the purposes of this section the “qualifying functions” of an authority are—
(a)
its functions under Part 4 of the Environmental Protection Act 1990;
20
(b)
its functions under section 43 of the Anti-social Behaviour Act 2003;
(c)
its functions under Chapter 1 of Part 6 above; and
(d)
such other of its functions as may be specified in regulations made by
the appropriate person.
(5)
Regulations under subsection (4)(d) may (in particular) have the effect that an
25
authority may use its fixed penalty receipts for the purposes of any of its
functions.
(6)
An authority must supply the appropriate person with such information
relating to its fixed penalty receipts as the appropriate person may require.
(7)
The appropriate person may by regulations—
30
(a)
make provision for what an authority is to do with its fixed penalty
receipts—
(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
35
be specified by the regulations;
(b)
make provision for accounting arrangements in respect of an
authority’s fixed penalty receipts.
(8)
The provision that may be made under subsection (7)(a)(ii) includes (in
particular) provision for the payment of sums to a person (including the
40
appropriate person) other than the authority.
(9)
Before making regulations under this section, the appropriate person must
consult—

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(a)
the authorities to which the regulations are to apply;
(b)
such other persons as the appropriate person thinks fit.
(10)
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 (c. 26), to be
regarded as included among the powers mentioned in subsection (2) of that
5
section.
97
Use of fixed penalty receipts: lower tier authorities
(1)
The appropriate person must by regulations make provision relating to—
(a)
the use by a parish or community council of amounts received by it in
pursuance of notices under—
10
(i)
section 88 of the Environmental Protection Act 1990 (c. 43);
(ii)
section 43(1) of the Anti-social Behaviour Act 2003 (c. 38); and
(iii)
section 59 above; and
(b)
the use by a person or body designated under section 58(3) above as a
secondary authority for the purposes of Chapter 1 of Part 6 above of
15
amounts received by that person or body in pursuance of notices under
section 59 above.
(2)
Regulations under this section may in particular include provision requiring a
parish or community council or a person or body referred to in subsection
(1)(b)—
20
(a)
to use the amounts received as specified in subsection (1) only for the
purpose of such of its functions as may be specified in the regulations;
(b)
to pay sums in respect of those amounts to another person (including
the appropriate person);
(c)
to supply information in relation to those amounts to the appropriate
25
person;
(d)
to adopt such accounting arrangements in respect of those amounts as
may be specified in the regulations.
(3)
Regulations under this section may include provision framed by reference to
performance categories conferred on a parish or community council by such
30
person as may be specified in the regulations.
98
Sections 96 and 97: supplementary
(1)
In sections 96 and 97, “appropriate person” means—
(a)
the Secretary of State, in relation to England;
(b)
the National Assembly for Wales, in relation to Wales.
35
(2)
The powers to make regulations conferred by sections 96 and 97 include—
(a)
power to make different provision for different purposes (including
different provision for different authorities or different descriptions of
authority);
(b)
power to make consequential, supplementary, incidental and
40
transitional provision and savings.
(3)
Regulations under sections 96 and 97 must be made by statutory instrument.

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(4)
The Secretary of State may not make a statutory instrument containing
regulations under section 96 or 97 unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of Parliament.
Shopping and luggage trolleys
99
Abandoned shopping and luggage trolleys
5
(1)
Schedule 4 to the Environmental Protection Act 1990 (c. 43) is amended as
follows.
(2)
In paragraph 3(2) (retention, return and disposal of trolleys: notice to owner)
for “seized or removed” substitute “seized and removed”.
(3)
After paragraph 3 insert—
10
“3A   (1)
This paragraph applies where the local authority is entitled to sell or
otherwise dispose of a shopping or luggage trolley in accordance
with paragraph 3(1)(b).
      (2)
If it appears to the authority that a particular person is the owner of
the trolley, the authority may charge him a sum in respect of the
15
removal, storage and disposal of the trolley.
      (3)
The charge is payable to the authority on demand.
      (4)
The sum payable as a charge under this paragraph is recoverable by
the authority as a debt due to it.
      (5)
In proceedings against a person under sub-paragraph (4) for
20
enforcement of a charge, it is a defence for the person to prove that
he was not the owner of the trolley to which the charge relates at the
time it was removed.”
(4)
In paragraph 4 (charges)—
(a)
in sub-paragraph (1)—
25
(i)
for the words from “in fixing” to “sufficient” substitute “in
fixing the charges to be paid under this Schedule, shall secure
that the charges so payable are such as are sufficient”, and
(ii)
for “such trolleys” substitute “shopping or luggage trolleys”,
and
30
(b)
in sub-paragraph (2), after “paragraph 3” insert “or 3A”.
100
Section 99: transitional provision
(1)
This section applies if, before the commencement date, a local authority in
England and Wales has resolved under section 99 of the Environmental
Protection Act 1990 that Schedule 4 to that Act is to apply in its area.
35
(2)
If the day specified in the resolution for the coming into force of Schedule 4 in
the authority’s area falls on or after the commencement date, the resolution is
to be of no effect.
(3)
If Schedule 4 applies in the authority’s area immediately before the
commencement date, the Schedule is to continue to apply in the authority’s
40
area on and after the commencement date as it applied before that date.

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(4)
But Schedule 4 shall not so apply in relation to any shopping or luggage trolley
seized by the authority on or after the relevant day.
(5)
For the purposes of subsection (4) the relevant day is the earlier of—
(a)
the third anniversary of the commencement date;
(b)
if the authority resolves under section 99 of the Environmental
5
Protection Act 1990 (c. 43) that Schedule 4 (as amended by section 99 of
this Act) is to apply in its area, the day specified in the resolution as the
day on which the Schedule (as so amended) comes into force in its area.
(6)
So long as Schedule 4 continues to apply as described in subsection (3), the
reference in section 99(4) of the Environmental Protection Act 1990 to Schedule
10
4 is to be treated as including a reference to Schedule 4 as it so applies.
(7)
If the authority resolves under section 99 that Schedule 4 (as amended by
section 99 of this Act) is to apply in its area, the authority may not in giving
effect to paragraph 4(1) of Schedule 4 (as so amended) take into account
charges payable in relation to shopping or luggage trolleys seized before the
15
Schedule (as so amended) comes into force in its area.
(8)
Nothing in this section prevents the authority from bringing to an end the
application of Schedule 4 in its area.
(9)
In this section—
“the commencement date” is the day on which section 99 of this Act comes
20
into force;
“local authority” has the same meaning as in section 99 of the
Environmental Protection Act 1990;
“luggage trolley” and “shopping trolley” have the same meaning as in
Schedule 4 to that Act.
25
Statutory nuisances
101
Statutory nuisance: insects
(1)
Section 79 of the Environmental Protection Act 1990 (statutory nuisances and
inspections) is amended as follows.
(2)
In subsection (1) (matters constituting statutory nuisances) after paragraph (f)
30
insert—
“(fa)
any insects emanating from industrial, trade or business
premises and being prejudicial to health or a nuisance;”.
(3)
After subsection (5) insert—
“(5A)
Subsection (1)(fa) does not apply to insects that are wild animals
35
included in Schedule 5 to the Wildlife and Countryside Act 1981
(animals which are protected), unless they are included in respect of
section 9(5) of that Act only.”
102
Statutory nuisance: lighting
(1)
Section 79 of the Environmental Protection Act 1990 is amended as follows.
40
(2)
In subsection (1) (matters constituting statutory nuisances) after paragraph (fa)

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(as inserted by section 101(2)) insert—
“(fb)
artificial light emitted from premises so as to be prejudicial to
health or a nuisance;”.
(3)
In subsection (2) (exception from subsection (1)(b) and (g) for premises
occupied for defence purposes) after “Subsection (1)(b)” insert “, (fb)”.
5
(4)
After subsection (5A) (as inserted by section 101(3)) insert—
“(5B)
Subsection (1)(fb) does not apply to artificial light emitted from—
(a)
an airport;
(b)
harbour premises;
(c)
railway premises, not being relevant separate railway premises;
10
(d)
tramway premises;
(e)
a bus station and any associated facilities;
(f)
a public service vehicle operating centre;
(g)
a goods vehicle operating centre;
(h)
a lighthouse;
15
(i)
a prison.”
(5)
In subsection (7) (definitions) at the appropriate place insert—
““airport” has the meaning given by section 95 of the Transport
Act 2000;”;
““associated facilities”, in relation to a bus station, has the meaning
20
given by section 83 of the Transport Act 1985;”;
““bus station” has the meaning given by section 83 of the
Transport Act 1985;”;
““goods vehicle operating centre”, in relation to vehicles used
under an operator’s licence, means a place which is specified in
25
the licence as an operating centre for those vehicles, and for the
purposes of this definition “operating centre” and “operator’s
licence” have the same meaning as in the Goods Vehicles
(Licensing of Operators) Act 1995;”;
““harbour premises” means premises which form part of a
30
harbour area and which are occupied wholly or mainly for the
purposes of harbour operations, and for the purposes of this
definition “harbour area” and “harbour operations” have the
same meaning as in Part 3 of the Aviation and Maritime
Security Act 1990;”;
35
““lighthouse” has the same meaning as in Part 8 of the Merchant
Shipping Act 1995;”;
““prison” includes a young offender institution;”;
““public service vehicle operating centre”, in relation to public
service vehicles used under a PSV operator’s licence, means a
40
place which is an operating centre of those vehicles, and for the
purposes of this definition “operating centre”, “PSV operator’s
licence” and “public service vehicle” have the same meaning as
in the Public Passenger Vehicles Act 1981;”;
““railway premises” means any premises which fall within the
45
definition of “light maintenance depot”, “network”, “station” or
“track” in section 83 of the Railways Act 1993;”;
““relevant separate railway premises” has the meaning given by
subsection (7A);”;

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““tramway premises” means any premises which, in relation to a
tramway, are the equivalent of the premises which, in relation
to a railway, fall within the definition of “light maintenance
depot”, “network”, “station” or “track” in section 83 of the
Railways Act 1993;”.
5
(6)
After subsection (7) insert—
“(7A)
Railway premises are relevant separate railway premises if—
(a)
they are situated within—
(i)
premises used as a museum or other place of cultural,
scientific or historical interest, or
10
(ii)
premises used for the purposes of a funfair or other
entertainment, recreation or amusement, and
(b)
they are not associated with any other railway premises.
(7B)
For the purposes of subsection (7A)—
(a)
a network situated as described in subsection (7A)(a) is
15
associated with other railway premises if it is connected to
another network (not being a network situated as described in
subsection (7A)(a));
(b)
track that is situated as described in subsection (7A)(a) but is not
part of a network is associated with other railway premises if it
20
is connected to track that forms part of a network (not being a
network situated as described in subsection (7A)(a));
(c)
a station or light maintenance depot situated as described in
subsection (7A)(a) is associated with other railway premises if it
is used in connection with the provision of railway services
25
other than services provided wholly within the premises where
it is situated.

In this subsection “light maintenance depot”, “network”, “railway
services”, “station” and “track” have the same meaning as in Part 1 of
the Railways Act 1993.”
30
(7)
In subsection (8) (port health authority to have functions of local authority
under Part 3 of that Act, except those relating to statutory nuisance within
section 79(1)(g) or (ga)) after “paragraph” insert “(fb),”.
(8)
In subsection (10) (consent of Secretary of State or National Assembly for Wales
required before taking proceedings for certain statutory nuisances) after
35
“paragraph (b), (d), (e)” insert “, (fb)”.
103
Sections 101 and 102: supplementary
(1)
The Environmental Protection Act 1990 (c. 43) is amended as follows.
(2)
In section 80(8) (summary proceedings for statutory nuisances: defence of best
practicable means not available in certain cases), in paragraph (a) after
40
“paragraph (a), (d), (e), (f)” insert “, (fa), (fb)”.
(3)
In section 82(10) (summary proceedings by aggrieved person: defence of best
practicable means not available in certain cases), in paragraph (a) after
“paragraph (a), (d), (e), (f)” insert “, (fa), (fb)”.