NEW CLAUSES, AMENDMENTS AND NEW SCHEDULES RELATING TO PART 5
Waste minimisation
Sue Doughty
Norman Baker
NC15
To move the following Clause:—
'(1) The Secretary of State shall consult waste collection and waste disposal authorities on the introduction of statutory targets for the minimisation of municipal waste.
(2) The Secretary of State shall consult representatives of industry on the potential for minimisation of waste of—
| (a) | statutory waste minimisation targets; |
| (b) | statutory requirements for substitution of materials that are hazardous, difficult to recover, or difficult to recycle; and |
| (c) | market incentives to promote the redesigning of products to extend their useful life and limit unrecoverable waste.'. |
Waste disposal contracts' compatibility with statutory performance standards and local waste development frameworks
Sue Doughty
Norman Baker
NC16
To move the following Clause:—
'The Secretary of State may make orders requiring local authorities that have contracts transferring waste disposal functions to specially formed companies to review those contracts to ensure compatibility with statutory performance standards and local waste development frameworks.'.
Retail packaging recovery
Sue Doughty
Norman Baker
NC17
To move the following Clause:—
'(1) A relevant retailer shall provide a safe collection point within the curtilage of each of his retail outlets for the return of packaging sold or otherwise supplied from that outlet in the course of business.
(2) A collection point under subsection (1) shall be clearly signed and shall be open to the public during all business hours.
(3) A relevant retailer shall ensure that packaging collected under the provisions of section (1) above—
| (a) | where reasonably practicable, is reused, returned to the supplier or recycled; or |
| (b) | in any other circumstances, is safely disposed of using a licensed waste disposal contractor. |
(4) The Secretary of State may make regulations for the purposes of subsections (1) to (3) above.
(5) In this section—
"packaging" means any container, material, substance or component supplied with a product but which is not a part of that product;"relevant retailer" means a person who carries on a business in a premises which—
| (a) | is approved for that purpose under Planning Use Class A1, A2 or A3, and |
| (b) | has a net retail sales area greater than 250 square metres.'. |
Sustainability requirement for waste disposal functions
Sue Doughty
Norman Baker
NC18
To move the following Clause:—
'(1) The Secretary of State may make regulations to require that, where a waste disposal authority enters into a contract with a third party for all, or any part of, its waste disposal duties, minimum environmental sustainability requirements shall be met.
(2) Regulations under subsection (1) may have particular regard to—
| (a) | the effect of the duration of a contract on waste minimisation; |
| (b) | the effect of the duration of a contract on diversion of waste from disposal to reuse or recycling; |
| (c) | the application of the proximity principle; |
| (d) | the energy efficiency of facilities; |
| (e) | the involvement of sustainability advisers at evaluation stage for bids for waste disposal contracts; |
| (f) | the use of mandatory outcome-based requirements for sustainability objectives.'. |
Sue Doughty
Norman Baker
37
Page 31, line 29 [Clause 37], leave out 'is being or is about to be' and insert 'or is being'.
Miss Anne McIntosh
Mr David Ruffley
5
Page 46, line 26 [Clause 49], at end insert—
'(10) In this section "re-using" waste means any operation by which end of life products and equipment or its components are used for the same purpose for which they were originally intended for a period of longer that 12 months.'.
Miss Anne McIntosh
Mr David Ruffley
29
Page 46, line 31 [Clause 50], at end insert ', in subsection (7)(c) after "authority", leave out "may" and insert "shall".'.
Miss Anne McIntosh
Mr David Ruffley
11
Page 56, line 12 [Clause 68], at end insert—
'(5) The Secretary of State may by regulations make provision in connection with the operation of this section.
(6) Regulations under subsection (4) may (in particular)—
| (a) | specify the functions of officers of local authorities with responsibility for stray dogs and necessary training of such officers; |
| (b) | require the provision of a 24 hour dog warden service; |
| (c) | require the provision of kennels to house stray dogs in each local authority area; and |
| (d) | require the provision of treatment for injured dogs.'. |
NEW CLAUSES, AMENDMENTS AND NEW SCHEDULES RELATING TO PART 7
Noise consultation
Miss Anne McIntosh
Mr David Ruffley
NC4
To move the following Clause:—
'(1) The appropriate person shall consult the appropriate bodies on the need for regulations to reduce noise that disturbs the quiet enjoyment of property occupied by a resident.
(2) In subsection (1) above, "noise" is that caused by other residents—
| (a) | occupying property above, below or adjacent; |
| (b) | sharing party floors, ceilings or walls that are not insulated against noise to a standard to be specified in building regulations; or |
by any persons and by any means within 100 metres of property enjoyed by a resident.'.
Audible motor vehicle alarms: amendment of the Road Vehicles (Construction and Use) Regulations 1986
Sue Doughty
Norman Baker
NC11
To move the following Clause:—
'(1) The Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078) are amended as follows.
(2) In regulation 3(2) (interpretation), in the Table, at the appropriate place in alphabetical order, insert—
| Expression | Meaning |
| "audible motor vehicle alarm | a system fitted within a motor vehicle which involves the sounding of a horn, bell, gong or siren with the purpose of raising an alarm as to the theft or attempted theft of the vehicle or its contents, or a forced entry or attempted forced entry into the vehicle. |
| bell | includes references to any instrument or apparatus capable of emitting a sound similar to that emitted by a bell. |
| gong | includes references to any instrument or apparatus capable of emitting a sound similar to that emitted by a gong. |
| horn | an instrument, not being a bell, gong or siren, capable of giving audible and sufficient warning of the approach or position of the vehicle to which it is fitted. |
| siren | includes references to any instrument or apparatus capable of emitting a sound similar to that emitted by a siren." |
(3) In regulation 37 (audible warning instruments)—
| (a) | for paragraphs (7) and (8) substitute— |
| "(7) | The provisions of paragraph (4) shall not apply so as to make it unlawful for a vehicle to be fitted with— |
| (a) | an audible car alarm, or |
| (b) | in the case of a bus, a bell, gong or siren the purpose of which is to summon help for the driver, conductor or an inspector."; |
| (b) | in paragraph (9), for the words "(4) to (8)", substitute the words "(4) to (7)"; and |
| (c) | in paragraph (10), omit sub-paragraphs (a) and (b). |
(4) In regulation 99(5) (exemptions from general restrictions on use of audible warning instruments), omit the word "or" after paragraph (a), and for paragraph (b) substitute—
| "(b) | an audible car alarm, or |
| (c) | in the case of a bus, a horn (not being a two-tone horn), bell, gong or siren to summon help for the driver, the conductor or an inspector." |
(5) After regulation 99, insert—
"99A Restrictions on audible motor vehicle alarms on certain motor vehicles first used on or after 1st January 2007
(1) Subject to paragraph (2), this regulation applies to a motor vehicle first used on or after 1st January 2007.
(2) The provisions of this regulation do not apply to—
| (a) | motor vehicles of the kinds listed in regulation 37(5), or |
(3) The audible motor vehicle alarm of a motor vehicle to which this regulation applies—
| (a) | may not at any time emit a noise exceeding 55 decibels, |
| (b) | may not emit a noise for a continuous period of more than ninety seconds, |
| (c) | may not emit a noise for more than ninety seconds in response to a single event initiating the emitting of a noise, and |
| (d) | shall be maintained in good working order so as to comply with the requirements of sub-paragraphs (a) to (c). |
(4) In this regulation—
'A-weighted sound pressure level' has the same meaning as that given in BS 7445;
'BS 7445' means British Standard BS7445: Part 1 1991/International Standard ISO 1996-1: 1982 'Description and measurement of environmental noise. Part 1. Guide to quantities and procedures';
'decibel' is a unit of both A-weighted sound pressure level and equivalent continuous A-weighted sound pressure level as given in BS 7445.
99B General restrictions on audible motor vehicle alarms on certain motor vehicles first used before 1st January 2007
(1) Subject to paragraph (2), this regulation applies to a motor vehicle first used on or after 1st October 1982.
(2) The provisions of this regulation do not apply to—
| (a) | motor vehicles to which regulation 99A applies, |
| (b) | motor vehicles of the kinds listed in regulation 37(5), or |
(3) The audible motor vehicle alarm of a motor vehicle to which this regulation applies—
| (a) | may not emit a noise for a continuous period of more than ninety seconds, |
| (b) | may not emit a noise for more than ninety seconds in response to a single event initiating the emitting of a noise, and |
| (c) | shall be maintained in good working order so as to comply with the requirements of sub-paragraphs (a) and (b).".'. |
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