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—
(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;
(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.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) “The built environment” includes—
(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.
(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;
(b) power to make consequential, supplementary, incidental, transitional and saving provision.
(3) The power is exercisable by statutory instrument.
(4) ... , the Secretary of State may not make a statutory instrument containing an order under this Part unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
95A Use of fixed penalty receipts: higher tier authorities in England
(1) This section applies in relation to amounts paid to an authority in England, other than a parish or community council, in pursuance of notices under—
(a) section 88 of the Environmental Protection Act 1990 (fixed penalty notices for leaving litter);
(b) paragraph 7 of Schedule 3A to the Environmental Protection Act 1990 (free distribution of printed matter on designated land: fixed penalty notices);
(c) section 43(1) of the Anti-social Behaviour Act 2003 (penalty notices for graffiti and fly-posting).
(2) The amounts to which this section applies which are paid to an authority are in this section called the authority's “fixed penalty receipts”.
(3) An authority may use its fixed penalty receipts paid to it in pursuance of a notice under section 88 of the Environmental Protection Act 1990 only for the purposes of—
(a) the employment or engagement of its authorised officers, as defined in section 88(10) of the Environmental Protection Act 1990, or any of the functions of those officers,
(b) its functions relating to offences under the following provisions of the Environmental Protection Act 1990—
(i) section 87(1) (offence of leaving litter), or
(ii) section 88(8B) (offence of failing to give a name and address or giving a false or inaccurate name or address),
(c) its functions relating to the collection and disposal of litter and refuse,
(d) its functions relating to the restoration of land following littering, and
(e) such other of its functions as may be specified in regulations made by the Secretary of State.
(4) An authority may use its fixed penalty receipts paid to it in pursuance of a notice under paragraph 7 of Schedule 3A to the Environmental Protection Act 1990 or section 43(1) of the Anti-social Behaviour Act 2003 only for the purposes of—
(a) its functions under Part 4 of the Environmental Protection Act 1990 (litter etc);
(b) its functions under section 43 of the Anti-social Behaviour Act 2003 (penalty notices for graffiti and fly-posting);
(c) such other of its functions as may be specified in regulations made by the Secretary of State.
(5) Regulations under subsection (4)(c) may (in particular) have the effect that an authority may use those fixed penalty receipts for the purposes of any of its functions.
(6) An authority must supply the Secretary of State with such information relating to its fixed penalty receipts as the Secretary of State may require.
(7) The Secretary of State may by regulations make provision—
(a) about what an authority must do with its fixed penalty receipts pending the use of those receipts for the purposes referred to in subsection (3) or (4);
(b) about the period within which an authority must use those fixed penalty receipts for those purposes;
(c) about what an authority must do with those fixed penalty receipts that are not used for those purposes within that period;
(d) for accounting arrangements in respect of an authority’s fixed penalty receipts.
(8) The provision that may be made under subsection (7)(c) includes (in particular) provision for the payment of sums to a person (including the Secretary of State) other than the authority.
(9) Before making regulations under this section, the Secretary of State must consult—
(a) the authorities to which the regulations are to apply;
(b) such other persons as the Secretary of State thinks fit.
96 Use of fixed penalty receipts: higher tier authorities in Wales
(1) This section applies in relation to—
(a) amounts paid to an authority in Wales, 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 in Wales, other than a parish or community 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 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;
(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 Welsh Ministers.
(5) Regulations under subsection (4)(d) may (in particular) have the effect that an authority may use its fixed penalty receipts for the purposes of any of its functions.
(6) An authority must supply the Welsh Ministers with such information relating to its fixed penalty receipts as the Welsh Ministers may require.
(7) The Welsh Ministers may by regulations—
(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 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 Welsh Ministers) other than the authority.
(9) Before making regulations under this section, the Welsh Ministers must consult—
(a) the authorities to which the regulations are to apply;
(b) such other persons as the Welsh Ministers think 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 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—
(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 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)—
(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 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 person as may be specified in the regulations.
(1) In section 97, “appropriate person” means—
(a) the Secretary of State, in relation to England;
(b) the National Assembly for Wales, in relation to Wales.
(2) The powers to make regulations conferred by sections 95A, 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 transitional provision and savings.
(3) Regulations under sections 95A, 96 and 97 must be made by statutory instrument.
(4) The Secretary of State may not make a statutory instrument containing regulations under section 95A or 97 unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(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—
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 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 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)—
(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
(b) in sub-paragraph (2), after “paragraph 3” insert “ or 3A ”.
(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.
(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 area on and after the commencement date as it applied before that date.
(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 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 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 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 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.
(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) insert—
(fa) any insects emanating from relevant 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 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.
(4) In subsection (7) at the appropriate place insert—
“appropriate person” means—
(a) in relation to England, the Secretary of State;
(b) in relation to Wales, the National Assembly for Wales;
.
(5) After subsection (7B) (as inserted by section 102(6)) insert—
(7C) In this Part “relevant industrial, trade or business premises” means premises that are industrial, trade or business premises as defined in subsection (7), but excluding—
(a) land used as arable, grazing, meadow or pasture land,
(b) land used as osier land, reed beds or woodland,
(c) land used for market gardens, nursery grounds or orchards,
(d) land forming part of an agricultural unit, not being land falling within any of paragraphs (a) to (c), where the land is of a description prescribed by regulations made by the appropriate person, and
(e) land included in a site of special scientific interest (as defined in section 52(1) of the Wildlife and Countryside Act 1981),
and excluding land covered by, and the waters of, any river or watercourse, that is neither a sewer nor a drain, or any lake or pond.
(7D) For the purposes of subsection (7C)—
“agricultural” has the same meaning as in section 109 of the Agriculture Act 1947;
“agricultural unit” means land which is occupied as a unit for agricultural purposes;
“drain” has the same meaning as in the Water Resources Act 1991;
“lake or pond” has the same meaning as in section 104 of that Act;
“sewer” has the same meaning as in that Act.
(1) Section 79 of the Environmental Protection Act 1990 (c. 43) is amended as follows.
(2) In subsection (1) (matters constituting statutory nuisances) after paragraph (fa) (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) ”.
(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;
(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;
(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 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 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 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;
;
“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 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 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);
;
“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;
.
(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
(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 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 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 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.
(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 “paragraph (b), (d), (e)” insert “ , (fb) ”.
(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)—
(a) in paragraph (a) after “paragraph (a), (d), (e), (f)” insert “ , (fa) ”, 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;
.
(3) 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.
(4) In section 82(10) (summary proceedings by aggrieved person: defence of best practicable means not available in certain cases)—
(a) in paragraph (a) after “paragraph (a), (d), (e), (f)” insert “ , (fa) ”, 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;
.
(5) 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).
104 Contaminated land: appeals against remediation notices
(1) Section 78L of the Environmental Protection Act 1990 (c. 43) (appeals against remediation notices) is amended as follows.
(2) In subsection (1), for paragraphs (a) and (b) substitute—
(a) if it was served by a local authority in England, or served by the Environment Agency in relation to land in England, to the Secretary of State;
(b) if it was served by a local authority in Wales, or served by the Environment Agency in relation to land in Wales, to the National Assembly for Wales;
.
(3) In that subsection, for the words from “means” to the end substitute “ the Secretary of State or the National Assembly for Wales, as the case may be ”.
(4) In subsection (4)—
(a) omit paragraph (b);
(b) in paragraph (c), omit the words from “or on” to the end.
(5) In subsection (6), omit the words “so far as relating to appeals to the Secretary of State”.
(6) This section does not have effect in relation to a remediation notice served under Part 2A of the Environmental Protection Act 1990 before the commencement of this section.
(7) The power of the Secretary of State and National Assembly for Wales under section 114 of the Environment Act 1995 (c. 25) in relation to appeals under section 78L of the Environmental Protection Act 1990 extends to appeals under that section as amended by this section.
105 Offences relating to pollution etc: penalties on conviction
(1) In paragraph 25 of Schedule 1 to the Pollution Prevention and Control Act 1999 (c. 24) (purposes for which regulations may be made under section 2: offences), in sub-paragraph (2)(a)—
(a) in paragraph (i) for “six months” substitute “ 12 months ”;
(b) in paragraph (ii) for “£20,000” substitute “ £50,000 ”.
(2) Subsection (1)(a) does not have effect in relation to regulations under section 2 of the Pollution Prevention and Control Act 1999 so far as relating to offences committed before 2 May 2022.
(1) The provisions specified in subsection (2) come into force—
(a) in relation to England, in accordance with provision made by order by the Secretary of State; and
(b) in relation to Wales, in accordance with provision so made by the National Assembly for Wales.
(2) The provisions referred to in subsection (1) are—
(a) section 2;
(b) sections 6 to 13 and 15 to 17 and, in Part 1 of Schedule 5, the repeals to the Refuse Disposal (Amenity) Act 1978 (c. 3) and the Road Traffic Regulation Act 1984 (c. 27);
(c) sections 19 to 25, paragraphs 5 to 9 of Schedule 4 and, in Part 2 of Schedule 5, the repeals to the Environmental Protection Act 1990 (c. 43);
(d) sections 28 to 31, paragraphs 14 to 19 of Schedule 4 and, in Part 3 of Schedule 5, the repeals to the Anti-Social Behaviour Act 2003 (c. 38);
(e) section 34 and, in Part 3 of Schedule 5, the repeal to the Town and Country Planning Act 1990 (c. 8);
(f) sections 37 and 38 and, in Part 4 of Schedule 5, the repeal of section 6 of the Control of Pollution (Amendment) Act 1989 (c. 14);
(g) sections 45 and 46;
(h) section 47, paragraph 4 of Schedule 4 and, in Part 4 of Schedule 5, the repeals to the Environmental Protection Act 1990, other than the repeal to section 33 of that Act;
(i) section 48;
(j) section 50;
(k) section 52;
(l) section 53;
(m) Chapter 1 of Part 6 above and Part 5 of Schedule 5;
(n) Part 7 above except sections 83(2) and 85, and in Part 7 of Schedule 5, the repeals to the Noise and Statutory Nuisance Act 1993 (c. 40) and the Noise Act 1996 (c. 37);
(o) sections 96 to 98 and Part 9 of Schedule 5;
(p) sections 99 and 100;
(q) sections 101 to 103;
(r) section 104 and Part 10 of Schedule 5.
(3) These provisions come into force in accordance with provision made by order by the Secretary of State—
(a) section 1;
(b) section 32;
(c) sections 42 to 44;
(d) section 49 and paragraph 3 of Schedule 4;
(e) section 68 and Part 6 of Schedule 5;
(f) Part 8 above and Part 8 of Schedule 5;
(g) in Part 1 of Schedule 5, the repeal to section 3 of the London Local Authorities Act 2004 (c. i).
(h) in Part 2 of Schedule 5, the repeals to the London Local Authorities Act 1994 (c. xii) and the City of Newcastle upon Tyne Act 2000 (c. viii);
(i) in Part 3 of Schedule 5, the repeal to the London Local Authorities Act 1995 (c. x);
(j) in Part 7 of Schedule 5, the repeal to the London Local Authorities Act 1991 (c. xiii).
(4) These provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—
(a) sections 3 to 5 and, in Part 1 of Schedule 5, the repeals to the Greater London Council (General Powers) Act 1982 (c i) and section 11 of the London Local Authorities Act 2004 (c. i);
(b) section 18;
(c) section 27;
(d) section 33 and, in Part 3 of Schedule 5, the repeal to the London Local Authorities Act 2004 (c. i);
(e) sections 35 and 36, and in Part 4 of Schedule 5, the repeals to sections 1 and 2 of the Control of Pollution (Amendment) Act 1989 (c. 14);
(f) section 40 and, in Part 4 of Schedule 5, the repeal to section 33 of the Environmental Protection Act 1990 (c. 43);
(g) section 41;
(h) section 54;
(i) section 83(2);
(j) section 105.
(5) An order under subsection (1) or (3) may make—
(a) transitional, consequential, incidental and supplemental provision, or savings;
(b) different provision for different purposes.
(6) Where a provision of this Act comes into force otherwise than under subsection (1) or (3), the Secretary of State may by order make any transitional, consequential, incidental or supplemental provision, or savings, that he considers necessary or expedient in relation to the coming into force of that provision.
(7) An order under subsection (6) may make different provision for different purposes.
(8) An order under this section is to be made by statutory instrument.
There shall be paid out of money provided by Parliament—
(a) any expenditure incurred by the Secretary of State under this Act;
(b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.
(1) This Act extends to England and Wales only, subject as follows.
(2) An amendment in Schedule 2 has the same extent as the provision amended.
(3) The repeal in Part 8 of Schedule 5 has the same extent as the provision repealed.
SCHEDULE 1 Application of the Noise Act 1996 to licensed premises etc
Section 84
1 The Noise Act 1996 (c. 37) is amended as follows.
2 In the heading to section 2, omit “from a dwelling”.
3 (1) Section 2 (investigations of complaints of noise) is amended as follows.
(2) In subsection (2), after “emitted from” insert “ (a) ” and at the end insert
, or
(b) any premises in respect of which a premises licence or a temporary event notice has effect (referred to in this group of sections as “the offending premises”)
.
(3) In subsection (4)(a), after “the offending dwelling” insert “ or the offending premises ”.
(4) In subsection (7)—
(a) after “the offending dwelling is” insert “ , or the offending premises are, ”;
(b) after “if the offending dwelling” insert “ or the offending premises ”.
(5) After subsection (7) insert—
(7A) In this group of sections—
“premises licence” has the same meaning as in the Licensing Act 2003 (c. 17);
“temporary event notice” has the same meaning as in the Licensing Act 2003 (and is to be treated as having effect in accordance with section 171(6) of that Act).
4 (1) Section 3 (warning notices) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a)(i), after “offending dwelling” insert “ or the offending premises ”;
(b) for paragraph (b) substitute—
(b) give warning—
(i) in a case where the complaint is in respect of a dwelling, that any person who is responsible for noise which is emitted from the offending dwelling in the period specified in the notice and which exceeds the permitted level, as measured from within the complainant's dwelling, may be guilty of an offence;
(ii) in a case where the complaint is in respect of other premises, that the responsible person in relation to the offending premises may be guilty of an offence if noise which exceeds the permitted level, as measured from within the complainant's dwelling, is emitted from the premises in the period specified in the notice.
(3) In subsection (3), at the beginning insert “ In a case where the complaint is in respect of a dwelling, ”.
(4) After subsection (3) insert—
(3A) In a case where the complaint is in respect of other premises, a warning notice must be served by delivering it to the person who appears to the officer of the authority to be the responsible person in relation to the offending premises at the time the notice is delivered.
(5) After subsection (5) insert—
(6) For the purposes of this group of sections, the responsible person in relation to premises at a particular time is—
(a) where a premises licence has effect in respect of the premises—
(i) the person who holds the premises licence if he is present at the premises at that time,
(ii) where that person is not present at the premises at that time, the designated premises supervisor under the licence if he is present at the premises at that time, or
(iii) where neither of the persons mentioned in sub-paragraphs (i) and (ii) is present at the premises at that time, any other person present at the premises at that time who is in charge of the premises;
(b) where a temporary event notice has effect in respect of the premises—
(i) the premises user in relation to that notice if he is present at the premises at that time, or
(ii) where the premises user is not present at the premises at that time, any other person present at the premises at that time who is in charge of the premises.
5 In the heading to section 4, after “where noise” insert “ from a dwelling ”.
6 After section 4 insert—
Offence where noise from other premises exceeds permitted level after service of notice
4A (1) If—
(a) a warning notice has been served under section 3 in respect of noise emitted from premises,
(b) noise is emitted from the premises in the period specified in the notice, and
(c) the noise exceeds the permitted level, as measured from within the complainant's dwelling,
the responsible person in relation to the offending premises at the time at which the noise referred to in paragraph (c) is emitted is guilty of an offence.
(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
7 (1) Section 5 (permitted level of noise) is amended as follows.
(2) In subsection (1)—
(a) for “the Secretary of State” substitute “ the appropriate person ”;
(b) after “from any dwelling” insert “ or other premises ”.
(3) In subsection (4), for “The Secretary of State” substitute “ The appropriate person ”.
8 (1) Section 6 (approval of measuring devices) is amended as follows.
(2) In subsection (1), for “the Secretary of State” substitute “ the appropriate person ”.
(3) In subsection (3), after “section 4” insert “ or 4A ”.
9 (1) Section 7 (evidence) is amended as follows.
(2) In subsection (1), after “section 4” insert “ or 4A ”.
(3) After subsection (3) insert—
(3A) In proceedings for an offence under section 4A, evidence that noise, or noise of any kind, measured by a device at any time was noise emitted from any other premises may be given by the production of a document—
(a) signed by an officer of the local authority, and
(b) stating that he had identified those premises as the source at that time of the noise or, as the case may be, noise of that kind.
(4) In subsection (4), for “or (3)(a)” substitute “ , (3)(a) or (3A)(a) ”.
10 (1) Section 8 (fixed penalty notices) is amended as follows.
(2) In subsection (1), after “section 4” insert “ or 4A ”.
(3) In subsection (2)(b), after “the offending dwelling” insert “ or the offending premises (as the case may be) ”.
11 (1) Section 8A (amount of fixed penalty), as inserted by section 82 of this Act, is amended as follows.
(2) In subsection (2), at the beginning insert “ In the case of an offence under section 4 ”.
(3) After subsection (2) insert—
(2A) In the case of an offence under section 4A the amount of the fixed penalty is £500.
(4) In subsection (3), after “the fixed penalty” insert “ payable in the case of an offence under section 4 ”.
(5) In subsection (6), after “(2)(b)” insert “ or (2A) ”.
12 (1) Section 9 (section 8: supplementary) is amended as follows.
(2) In subsection (1), for “the Secretary of State” substitute “ the appropriate person ”.
(3) After subsection (2) insert—
(2A) If a fixed penalty notice is given to a person in respect of noise emitted from other premises in any period in a warning notice—
(a) no further fixed penalty notice may be given to that person in respect of noise emitted from the premises during that period, but
(b) that person may be convicted of a further offence under section 4A in respect of noise emitted from the premises after the fixed penalty notice is given and before the end of that period.
(4) In subsections (4A)(b) and (4C), for each occurrence of “the Secretary of State” substitute “ the appropriate person ”.
(5) In subsection (4D), for “The Secretary of State” substitute “ The appropriate person ”.
(6) In subsections (4E) and (4F), for each occurrence of “the Secretary of State” substitute “ the appropriate person ”.
(7) In subsection (5), after “section 4” insert “ or 4A ”.
13 (1) Section 10 (powers of entry and seizure etc) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a), after “a dwelling” insert “ or other premises ”;
(b) in paragraph (b), after “the dwelling” insert “ or other premises ”.
(3) In subsection (2), after “the dwelling” insert “ or other premises ”.
(4) In subsection (4)—
(a) in paragraph (a), after “a dwelling” insert “ or other premises ”;
(b) in paragraph (b), after “the dwelling” insert “ or other premises ”;
(c) in paragraph (c), after “the dwelling” insert “ or other premises ”;
(d) after “to enter the” insert “ dwelling or other ”.
(5) In subsection (5)—
(a) after “enters any” insert “ dwelling or other ”;
(b) for the words from “the premises are unoccupied” to the end substitute “ the dwelling is, or the other premises are, unoccupied, must leave it or them as effectively secured against trespassers as he found it or them. ”
14 In the Schedule (powers in relation to seized equipment) in paragraph 1(a)(i), after “section 4” insert “ or q4A ”.
SCHEDULE 2 Commission for Architecture and the Built Environment
Section 87
Status
Membership
Tenure
Staff etc
Committees
Remuneration etc
Delegation
Proceedings
Accounts
Annual report
Instruments and authentication
Records
12 In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public records), at the appropriate place in Part 2 of the Table at the end of paragraph 3 insert— “ Commission for Architecture and the Built Environment. ”
Disqualification
13 In the House of Commons Disqualification Act 1975 (c. 24), in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate place insert— “ Commission for Architecture and the Built Environment. ”
Transitional provisions
14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 106
Highways Act 1980 (c. 66)
1 In section 325 of the Highways Act 1980, in subsection (2)(a), after “subsection (2A) below” insert “ or regulations made by the National Assembly for Wales under Part 8A ”.
Environmental Protection Act 1990 (c. 43)
2 The Environmental Protection Act 1990 is amended as follows.
3 (1) Section 52 is amended as follows.
(2) After subsection (4) insert—
(4A) The Secretary of State may by regulations impose on waste disposal authorities in England a duty to make payments corresponding to the payments which are authorised by subsection (3)(a) above to such persons in such circumstances and in respect of such descriptions or quantities of waste as are specified in the regulations.
(3) In subsection (5)—
(a) after “authorities” insert “ in Wales ”; and
(b) for “subsection (3)” substitute “ subsection (3)(b) ”.
(4) In subsection (6), for “subsections (1), (3)” substitute “ subsections (1)(b), (3)(b) ”.
(5) In subsection (7), for “subsections (2) and (4)” substitute “ subsections (2)(b) and (4)(b) ”.
(6) In subsection (8), for “subsections (1), (2), (3), (4)” substitute “ subsections (1)(b), (2)(b), (3)(b), (4)(b) ”.
4 In section 60(1)—
(a) in paragraph (a), for the words from “a waste disposal contractor” to the end substitute “ or under arrangements made with a waste disposal authority or by any other local authority or person ”;
(b) in paragraph (b), for the words from “a waste disposal contractor” to the end substitute “ or under arrangements made with a waste disposal authority, by a parish or community council or by a holder of a waste management licence; or ”.
5 In section 89(1), at the end of paragraph (e) insert “ and ”.
6 In section 91(1), at the end of paragraph (e) insert “ or ”.
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 In section 95(1), after paragraph (b) insert
and
(c) all orders made by the authority under paragraph 2(1) of Schedule 3A.
9 In section 96(1)(b), after “section 92(9)” insert “ or 92C(3) ”.
10 (1) Section 161 is amended as follows.
(2) In subsection (1) after “Secretary of State” insert “ , National Assembly for Wales ”.
(3) After subsection (2), insert—
(2A) Subsection (2) does not apply to a statutory instrument made solely by the National Assembly for Wales.
(4) In subsection (4), at the end insert
or
(c) which is made solely by the National Assembly for Wales.
Control of Pollution (Amendment) Act 1989 (c. 14)
11 (1) Section 8 of the Control of Pollution (Amendment) Act 1989 is amended as follows.
(2) In subsection (1), after “regulations” insert “ or orders ”.
(3) After that subsection insert—
(1A) The powers of the National Assembly for Wales to make regulations or orders under sections 5 to 5C above are exercisable by statutory instrument.
(4) In subsection (2)—
(a) after “Regulations” insert “ or orders ”;
(b) in paragraph (a) for “Secretary of State” substitute “ person making the regulations or order ”.
Anti-social Behaviour Act 2003 (c. 38)
12 The Anti-social Behaviour Act 2003 is amended as follows.
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 In section 45, for subsection (1) substitute—
(1) The fixed penalty payable in pursuance of a notice under section 43(1) is payable to the local authority whose authorised officer gave the notice.
15 In section 47(1), after “sections 43” insert “ to 43B ”.
Section 107
Part 1 Vehicles
Short title and chapter | Extent of repeal
Refuse Disposal (Amenity) Act 1978 (c. 3) | In section 3— subsection (5); in subsection (8), the words from “, other than” to “subsection (5) above,”. In section 4— in subsection (1), the words from “but not earlier” to the end; subsection (2).
Greater London Council (General Powers) Act 1982 (c.i) | Section 5.
Road Traffic Regulation Act 1984 (c. 27) | Section 99(4). In section 101(3)— in paragraph (a), the words from “and on which” to “at the time of its removal”; the words from “but, in a case” to the end.
London Local Authorities Act 2004 (c. i) | Section 3. Section 11.
Part 2 Litter and refuse
Short title and chapter | Extent of repeal
Environmental Protection Act 1990 (c. 43) | Section 86(12). Section 89(1)(g) and the preceding “and”. Section 90. Section 91(1)(g) and the preceding “or”. In section 92— subsection (1)(d) and the preceding “or”; subsection (3)(d). In section 94(3), the words from “but a specified area” to the end. Section 95(1)(a).
London Local Authorities Act 1994 (c. xii) | Section 4.
City of Newcastle upon Tyne Act 2000 (c. viii) | Sections 21 and 22.
Part 3 Graffiti and other defacement
Short title and chapter | Extent of repeal
Town and Country Planning Act 1990 (c. 8) | Section 324(3)(a).
London Local Authorities Act 1995 (c. x) | Section 10.
Anti-social Behaviour Act 2003 (c. 38) | Section 43(10) and (11).
London Local Authorities Act 2004 (c. i) | Section 25.
Part 4 Waste
Short title and chapter | Extent of repeal
Control of Pollution (Amendment) Act 1989 (c. 14) | Section 1(4)(c) and the preceding “or”. In section 2— in subsection (2)(c), the words “free of charge”; subsection (2)(d); in subsection (2)(e), the words “free of charge”; subsection (3)(b); subsection (3A)(a). Section 6.
Environmental Protection Act 1990 (c. 43) | Section 30(5). Section 32. Section 33(7)(b). In section 48— in subsection (4), the words “with a waste disposal contractor” and “for the contractor”; in subsection (6), the words “, subject to subsection (7) below,”; subsection (7). In section 51— in subsection (1), the words from “in either case” to the end; subsection (4)(b) to (d); subsections (5) and (6). In section 55(2)(a) and (b), the words “with waste disposal contractors for them”. In section 60(2)(a) and (b), the word “, contractor”. In section 77— in subsection (1), the definitions of “existing disposal authority”, “existing disposal plan”, “relevant part of its undertaking” and “the vesting date”; subsection (4); subsections (6) to (9). Schedule 2.
Part 5 Dog controls
Short title and chapter | Extent of repeal
Dogs (Fouling of Land) Act 1996 (c. 20) | The whole Act.
Police Reform Act 2002 (c. 30) | In Schedule 4, paragraph 1(2)(c). In Schedule 5, paragraph 1(2)(b).
Part 6 Stray dogs
Short title and chapter | Extent of repeal
Dogs Act 1906 (c. 32) | Sections 3 and 4.
Dogs (Amendment) Act 1928 (c. 21) | Section 2.
Local Government Act 1988 (c. 9) | Section 39.
Environmental Protection Act 1990 (c. 43) | In the heading to section 150, the words “police or”. In section 150— in subsection (1), in paragraph (b), sub-paragraph (ii) and the preceding “or”; in that subsection, the words from “or the police officer” to “as the case may be,”. In Schedule 15, paragraph 3.
Part 7 Noise
Short title and chapter | Extent of repeal
London Local Authorities Act 1991 (c. xiii) | Section 23.
Noise and Statutory Nuisance Act 1993 (c. 40) | Section 9. Schedule 3.
Noise Act 1996 (c. 37) | In the heading to section 2, the words “from a dwelling”. Section 8(8). Section 9(3). In section 9(4A), the word “and” at the end of paragraph (a).
Part 8 Architecture and the built environment
Short title and chapter | Extent of repeal
Environmental Protection Act 1990 | In section 153(1), the paragraph (rr) inserted by article 2 of the Financial Assistance for Environmental Purposes (England) Order 2003 (S.I. 2003/714).
Part 9 Use of fixed penalty receipts
Short title and chapter | Extent of repeal
Local Government Act 2003 (c. 26) | Section 100(2)(f). Section 119.
Anti-social Behaviour Act 2003 (c. 38) | Section 45(3) to (9).
Part 10 Contaminated land
Short title and chapter | Extent of repeal
Environmental Protection Act 1990 (c. 43) | In section 78L— in subsection (4), paragraph (b) and, in paragraph (c), the words from “or on” to the end; in subsection (6), the words “, so far as relating to appeals to the Secretary of State,”.