Vote Bundle Text (950221-03)

Amendments proposed to the Clean Neighbourhoods and Environment Bill, As Amended - continued	House of Commons

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Audible motor vehicle alarms: amendment of the Motor Vehicles (Tests) Regulations 1981

Sue Doughty
Norman Baker

NC12

To move the following Clause:—

'(1) The Motor Vehicles (Tests) Regulations 1981 (S.I. 1981/1694) are amended as follows.

(2) In regulation 20 (fees for examinations)—

(a) in paragraph (3A)(b), after the reference to "anti-lock braking system warning device", insert—

"audible motor vehicle alarm"; and

(b) in paragraph (7)(c), before sub-sub-paragraph (i), insert

"(ai) audible motor vehicle alarm,".

(3) In Schedule 2 (the prescribed statutory requirements)—

(a) in paragraph 1(a) (which relates to light motor bicycles and motor bicycles), in the Table, after the row relating to item 5A, insert—

Item No. Regulations Affecting

"5B 99A and 99B Audible Motor Vehicle Alarm"

(b) in paragraph 2(a) (which relates to light motor vehicles other than motor bicycles), after the reference to item 4, insert "5B";

(d) in paragraph 3A(a) (which relates to certain minibuses), after the reference to item 4, insert "5B";

(e) in paragraph 4(a) (which relates to certain passenger-carrying and public service vehicles), after the reference to item 4, insert "5B";

(f) in paragraph 4A (which relates to certain passenger-carrying and public service vehicles with forward-facing seats), after the reference to item 4, insert "5B";

(g) in paragraph 5(a) (which relates to certain public service vehicles), after the reference to item 4, insert "5B";

(h) in paragraph 5A(a) (which relates to certain public service vehicles), after the reference to item 4, insert "5B"; and

(i) in paragraph 6 (which relates to certain goods vehicles), after the reference to item 4, insert "5B".'.

Audible motor vehicle alarms: amendment of the Goods Vehicles (Plating and Testing) Regulations 1988

Sue Doughty
Norman Baker

NC13

To move the following Clause:—

'(1) The Goods Vehicles (Plating and Testing) Regulations 1988 (S.I. 1988/1478) are amended as follows.

(2) In regulation 16 (fees for re-tests), in paragraph (6)(c)(i), for the words "and 16", substitute the words "16 and 16A".

(3) In paragraph 1 of Schedule 3 (the prescribed construction and use requirements), in the Table, after the row relating to item 16, insert—

Item No. Regulation Subject Matter

"16A 99A and 99B Audible motor vehicle alarm".'.

NEW CLAUSES, AMENDMENTS AND NEW SCHEDULES RELATING TO PART 9

Fixed penalty notices: guidelines for local authorities and the police

Miss Anne McIntosh
Mr David Ruffley

NC3

To move the following Clause:—

'The appropriate person shall consult local authorities and the police before providing guidelines on the precise duties of police officers and local authorities, where there are shared responsibilities, in connection with the powers conferred to Local Authorities under this Act.'.

Annual report on environmental crime

Sue Doughty
Norman Baker

NC14

To move the following Clause:—

'The Secretary of State shall publish a report annually on the extent and impact of offences committed under—

(a) this Act;

(b) the Environmental Protection Act 1990 (c. 43); and

Miss Anne McIntosh
Mr David Ruffley

Page 73, line 23 [Clause 99], at end insert—

'(6) In proceedings against a person under sub-paragraph (4) for enforcement of a charge, it is a defence for the person to prove that he took all reasonable steps to prevent abandoment of his trolleys.'.

Sue Doughty
Norman Baker

Page 74, line 32 [Clause 101], leave out lines 32 and 33 and insert—

'(fa) any insects emanating from—

(i) industrial or trade premises, or

(ii) any such business premises as may be specified in regulations,

and being prejudicial to health or a nuisance.'.

Miss Anne McIntosh
Mr David Ruffley

Page 74, line 32 [Clause 101], leave out ', trade or business' and insert 'or trade'.

Miss Anne McIntosh
Mr David Ruffley

Page 75, line 16 [Clause 102], at end insert—

'(j) premises used for activities for which artificial light is essential or required by legislation for operational, security or health and safety reasons.'.

Miss Anne McIntosh
Mr David Ruffley

Page 75, line 16 [Clause 102], at end insert—

'(k) agricultural or horticultural premises.'.

Miss Anne McIntosh
Mr David Ruffley

Page 75, line 16 [Clause 102], at end insert—

'(1) Premises or apparatus used for the provision of electronic communication services.'.

Miss Anne McIntosh
Mr David Ruffley

Page 75, line 16 [Clause 102], at end add—

'(m) a playing field or other outdoor facility used wholly or mainly for sport.'.

Sue Doughty
Norman Baker

Page 75, line 16 [Clause 102], at end insert—

'(5C) The Secretary of State may make regulations such that the owner or occupier of a premises exempted from the requirements of subsection (1)(fb) by subsection (5B) shall be required to produce and implement a strategy consisting of reasonable and practicable measures to limit any nuisance caused by artificial light emitted from the premises.'.

Miss Anne McIntosh
Mr David Ruffley

Page 75, line 37 [Clause 102], at end insert '"playing field" has the same meaning given in Article 3 of the Town and Country Planning (General Development Procedure) (Amendment) Order 1996.'.

Miss Anne McIntosh
Mr David Ruffley

Page 75, line 49 [Clause 102], at end insert '"sport" is designated as any sporting activity which appears on the list maintained by the National Sports Councils of activities recognised by them, as applicable to Schedule 17 to the Finance Act 2002.'.

Secretary Margaret Beckett

Page 76, line 40 [Clause 103], after 'cases)', insert '—

(a) '.

Secretary Margaret Beckett

Page 76, line 41 [Clause 103], leave out ', (fb)'.

Secretary Margaret Beckett

Page 76, line 41 [Clause 103], at end insert ', and

(b) after paragraph (a) insert—

"(aza) in the case of a nuisance falling within paragraph (fb) of section 79(1) above except where—

(i) the artificial light is emitted from industrial, trade or business premises, or

(ii) the artificial light (not being light to which sub-paragraph (i) applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility;".'.

Secretary Margaret Beckett

Page 76, line 41 [Clause 103], at end insert—

'(2A) After section 80(8) insert—

"(8A) For the purposes of subsection (8)(aza) a relevant sports facility is an area, with or without structures, that is used when participating in a relevant sport, but does not include such an area comprised in domestic premises.

(8B) For the purposes of subsection (8A) "relevant sport" means a sport that is designated for those purposes by order made by the Secretary of State, in relation to England, or the National Assembly for Wales, in relation to Wales.

A sport may be so designated by reference to its appearing in a list maintained by a body specified in the order.

(8C) In subsection (8A) "domestic premises" means—

(a) premises used wholly or mainly as a private dwelling, or

(b) land or other premises belonging to, or enjoyed with, premises so used.".'.

Secretary Margaret Beckett

Page 76, line 43 [Clause 103], after 'cases)', insert '—

(a) '.

Secretary Margaret Beckett

Page 76, line 44 [Clause 103], leave out ', (fb)'.

Secretary Margaret Beckett

Page 76, line 44 [Clause 103], at end insert ', and

(b) after paragraph (a) insert—

"(aza) in the case of a nuisance falling within paragraph (fb) of section 79(1) above except where—

(i) the artificial light is emitted from industrial, trade or business premises, or

(ii) the artificial light (not being light to which sub-paragraph (i) applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility;".'.

Secretary Margaret Beckett

Page 76, line 44 [Clause 103], at end insert—

'(4) After section 82(10) insert—

"(10A) For the purposes of subsection (10)(aza) "relevant sports facility" has the same meaning as it has for the purposes of section 80(8)(aza)." '.