rs210205.208-214

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 21st February 2005
208

Clean Neighbourhood and Environment Bill, continued

(b)
has a net retail sales area greater than 250 square metres.’.

Sustainability requirement for waste disposal functions

Sue Doughty

Norman Baker

Not called  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

Not called  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

Not selected  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

Negatived on division  29

Page  46,  line  31  [Clause  50],  at end insert ‘, in subsection (7)(c) after “authority”,

Report Stage Proceedings: 21st February 2005
209

Clean Neighbourhood and Environment Bill, continued

leave out “may” and insert “shall”.’.

Miss Anne McIntosh

Mr David Ruffley

Not called  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

Not selected  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

Withdrawn  NC11

To move the following Clause:—

Report Stage Proceedings: 21st February 2005
210

Clean Neighbourhood and Environment Bill, continued

‘(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
a system fitted within a motor vehicle which involves the sounding of

vehicle alarm
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

(b)
buses.

Report Stage Proceedings: 21st February 2005
211

Clean Neighbourhood and Environment Bill, continued

(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

(c)
buses.

(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).”.’.

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

1981

Sue Doughty

Norman Baker

Not called  NC12

To move the following Clause:—

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

follows.

Report Stage Proceedings: 21st February 2005
212

Clean Neighbourhood and Environment Bill, continued

(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”;

(c)
in paragraph 3(a) (which relates to motor cars and heavy motor cars),

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

Not called  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—

Report Stage Proceedings: 21st February 2005
213

Clean Neighbourhood and Environment Bill, continued

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

Not selected  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

Not selected  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

(c)
any other Act relating to environmental offences.’.

Miss Anne McIntosh

Mr David Ruffley

Negatived on division  6

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

Report Stage Proceedings: 21st February 2005
214

Clean Neighbourhood and Environment Bill, continued

‘(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

Not selected  36

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

Not selected  7

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

Miss Anne McIntosh

Mr David Ruffley

Not called  1

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

Not called  8

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

‘(k)
agricultural or horticultural premises.’.

Miss Anne McIntosh

Mr David Ruffley

Not called  21

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

Not called  32

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

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