|
| | |
| |
| | |
| |
| | Monday 21st February 2005 |
|
| | |
| | Clean Neighbourhood and Environment Bill, As Amended
|
|
| | new clauses, amendments and new schedules relating to part 1 |
|
| | |
| | |
| | | |
| | Page 2 [Clause 2], leave out lines 10 to 24 and insert— |
|
| | | ‘(3) | A council may make an order under this section where specific evidence exists |
|
| | | |
| | | (a) | illegal business activities have been conducted, or |
|
| | | (b) | incidents of recorded crime have taken place.’. |
|
| | |
| | |
| | | |
| | Page 2, line 24 [Clause 2], at end insert— |
|
| | | ‘(d) | the likely effect of making the order on statutory undertakers whose |
|
| | | apparatus is located in, on, over or adjacent to the highway.’. |
|
| | |
| | |
| | | |
| | Page 2, line 43 [Clause 2], at end insert ‘or the exercise of any right by a statutory |
|
| | |
| | |
| | |
| | |
| | | |
| | Page 3, line 3 [Clause 2], at end insert ‘save with the agreement of the owner and |
|
| | occupier of any such dwelling.’. |
|
| | |
| | |
| | | |
| | Page 3, line 13 [Clause 2], at end insert— |
|
|
| |
| | |
| | |
| |
| | | ‘(7A) | A council installing, operating or maintaining any barrier authorised under |
|
| | | subsection (6) shall ensure at all times access through the barrier for statutory |
|
| | | |
| | |
| | |
| | | |
| | Page 3, line 22 [Clause 2], after ‘highway,’, insert ‘and statutory undertakers |
|
| | whose apparatus is located in, on, over or adjacent to the highway.’. |
|
| | |
| | |
| | |
| | | |
| | Page 5, line 32 [Clause 2], at end add— |
|
| | | ‘“statutory undertaker” means— |
|
| | | (a) | the person by whom a relevant statutory right is exercisable (in the |
|
| | | capacity in which it is exercisable by him); or |
|
| | | (b) | a person having permission under section 109 of the New Roads and |
|
| | | Street Works Act 1991 (c.22) to execute road works.
|
|
| | | References to an undertaker having apparatus in, on, over or adjacent to |
|
| | | the highway, or to the undertaker to whom apparatus belongs, shall be |
|
| | | |
| | |
| | New Clauses, amendments and new schedules Relating to PArt 2 |
|
| | | |
| | |
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘In the Refuse Disposal (Amenity) Act 1978 (c. 3), after section 2 (offence of |
|
| | | unauthorised abandonment of vehicles etc.) insert— |
|
| | | “(1) | A vehicle shall be deemed to be abandoned if— |
|
| | | (a) | there are recent observations or evidence regarding its inactivity; |
|
| | | (b) | there has been no activity regarding it on the DVLA’s database |
|
| | | for a continuous period of 5 years; |
|
| | | (c) | the number plates and Vehicle Identification Number have been |
|
| | | |
| | | (d) | no Statutory Off Road Notification has ever been notified and |
|
| | | recorded on its DVLA record; |
|
| | | (e) | the vehicle is burnt out; |
|
| | | (f) | the vehicle is deemed to have no value; or |
|
|
| |
| | |
| | |
| |
| | | (g) | the vehicle is a hazard.”’. |
|
| | |
| | |
| | |
| | | |
| | Page 5, line 41 [Clause 3], leave out ‘he proves to the satisfaction of the court |
|
| | |
| | |
| | Secretary Margaret Beckett |
|
| | | |
| | Page 6, line 2 [Clause 3], leave out ‘3’ and insert ‘4’. |
|
| | |
| | |
| | | |
| | Page 6, line 18 [Clause 4], leave out ‘he proves to the satisfaction of the court |
|
| | |
| | |
| | |
| | | |
| | Page 6, line 26 [Clause 4], leave out ‘he proves to the satisfaction of the court |
|
| | |
| | Secretary Margaret Beckett |
|
| | | |
| | Page 6, line 34 [Clause 4], leave out ‘3’ and insert ‘4’. |
|
| | |
| | New Clauses, Amendments and new schedules Relating to Part 3 |
|
| | | Duty to keep land highways clear of litter |
|
| | |
| | |
| | | Negatived on division NC2 |
|
| | To move the following Clause:— |
|
| | | ‘In section 89 of the Environmental Protection Act 1990 (Duty to keep land and |
|
| | | highways clear of litter), after subsection (4) insert— |
|
| | | “(4A) | The appropriate person may by regulations make provision about the |
|
| | | standards to which persons must keep land clear of litter under subsection |
|
| | | (1) above in respect of different kinds of litter. |
|
|
| |
| | |
| | |
| |
| | | (4B) | In particular, such regulations may make particular provision about |
|
| | | discarded chewing gum and the discarded remains of other products |
|
| | | |
| | |
| | | Street litter: chewing gum |
|
| | |
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘After section 93 of the Environmental Protection Act 1990 (c. 43) insert— |
|
| | | “93A | Street litter: chewing gum |
|
| | | (1) | The appropriate person shall consult litter authorities and other persons |
|
| | | and bodies as he thinks appropriate regarding— |
|
| | | (a) | the most effective methods for removing discarded chewing gum |
|
| | | and the remains of discarded chewing gum, and |
|
| | | (b) | how producers and consumers may be made jointly responsible |
|
| | | for the disposal of discarded chewing gum and the remains of |
|
| | | |
| | | | and shall publish the results of that consultation. |
|
| | | (2) | The appropriate person shall implement policies to increase public |
|
| | | awareness of the penalties for the illegal disposal of chewing gum.”.’. |
|
| | |
| | |
| | |
| | | |
| | Page 14, line 40 [Clause 18], at end insert ‘, subject to subsection (4) below. |
|
| | | (4) | But land adjacent to or in the vicinity of railways, railway carriages and buses |
|
| | | shall be deemed to be open to public access for the purposes of this Part.’. |
|
| | |
| | Secretary Margaret Beckett |
|
| | | |
| | Page 20, line 36 [Clause 23], at end insert— |
|
| | | ‘(7) | For the purposes of this Schedule a person does not distribute printed matter if the |
|
| | | distribution takes place inside a public service vehicle (within the meaning of the |
|
| | | Public Passenger Vehicles Act 1981).’. |
|
| | |
|
| |
| | |
| | |
| |
| | Secretary Margaret Beckett |
|
| | | |
| | Page 22, line 3 [Clause 23], after ‘person’, insert ‘or any other person (identified |
|
| | specifically or by description)’. |
|
| | |
| | New Clauses, Amendments and new schedules RElating to Part 4 |
|
| | | Regulations controlling display of advertisements |
|
| | |
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | Section 220 of the Town and Country Planning Act 1990 (c. 8) (Regulations |
|
| | | controlling display of advertisements) is amended as follows. |
|
| | | (2) | After subsection (3), insert— |
|
| | | “(3A) | A local planning authority must exercise its powers so as to ensure |
|
| | | compliance with the provisions of these regulations in its area.”.’. |
|
| | |
| | Secretary Margaret Beckett |
|
| | | |
| | Page 28, line 17 [Clause 31], leave out ‘fly-posting (or both)’ and insert ‘any poster |
|
| | or flyer the display of which contravenes regulations under section 220 of the Town and |
|
| | Country Planning Act 1990’. |
|
| | |
| | |
| | |
| | |
| | | |
| | Page 28, line 17 [Clause 31], leave out ‘fly posting (or both)’ and insert ‘any poster |
|
| | or flyer the display of which contravenes regulations under section 220 of the Town and |
|
| | Country Planning Act 1990, with the exception of posters displayed on a hoarding or other |
|
| | structure designed for the display of advertisements’. |
|
| | Secretary Margaret Beckett |
|
| | |
| | |
| | |
| | |
| | | |
| | Page 28 [Clause 31], leave out lines 18 to 21. |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | |
| | | |
| | Page 29, line 7 [Clause 33], leave out from ‘for’ to end of line 8 and insert “‘he |
|
| | proves it was displayed without his knowledge or consent” substitute “either of the |
|
| | matters specified in subsection (6) apply”.’. |
|
| | |
| | |
| | | |
| | Page 29, line 19 [Clause 34], leave out subsection (2) and insert— |
|
| | | ‘(2) | Leave out subsection (3)(b) and insert— |
|
| | | “(b) | that he is required to remove it before the expiry of a period |
|
| | | specified in the notice (being fewer than two days from the |
|
| | | service of the notice); and |
|
| | | (c) | that if he does not do so, they intend to remove or obliterate it |
|
| | | after the expiry of the period specified in the notice and recover |
|
| | | from him the costs they may reasonably incur in doing so.”. |
|
| | | (3) | After subsection (3) insert— |
|
| | | “(3A) | Instead of requiring a person to remove a placard or poster under |
|
| | | subsection (3) (b) above, a notice under that subsection may require a |
|
| | | person to obliterate it within the period mentioned in that subsection.”.’. |
|
| | |
| | |
| | |
| | | |
| | Page 30, line 11 [Clause 34], at end insert— |
|
| | | ‘(7) | This section does not have effect in relation to placards and posters displayed on |
|
| | | a hoarding or other structure designed for the display of advertisements.’. |
|
| | |
| | New Clauses, Amendments and new schedules Relating to Part 5 |
|
| | | |
| | |
| | |
| | | Negatived on division 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 |
|
| | | |
| | | (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 |
|
| | |
| | |
| | | |
| | 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 |
|
| | |
| | |
| | | |
| | 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 |
|
| | | |
| | | (a) | where reasonably practicable, is reused, returned to the supplier or |
|
| | | |
| | | (b) | in any other circumstances, is safely disposed of using a licensed waste |
|
| | | |
| | | (4) | The Secretary of State may make regulations for the purposes of subsections (1) |
|
| | | |
| | | |
| | | | “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 |
|
| | | |
| | | (a) | is approved for that purpose under Planning Use Class A1, A2 or A3, and |
|
|
