Clean Neighbourhoods and Environment Act 2005

72 Nomination of key-holders E+W

(1) The responsible person must before the end of the required period nominate a person as a key-holder in respect of the premises.

(2) The required period for the purposes of subsection (1) is—

(a) if the alarm was installed before the date on which the designation of the area had effect, the period of 28 days starting with that date;

(b) if the alarm was installed on or after that date, the period of 28 days starting with the date on which the installation was completed.

(3) A person may be nominated as a key-holder in respect of premises under this section only if—

(a) he holds keys sufficient to enable him to gain access to the part of the premises in which the controls for the alarm are situated;

(b) he normally resides or is situated in the vicinity of the premises;

(c) he has information sufficient to enable him to silence the alarm;

(d) he agrees to be a nominated key-holder in respect of the premises;

(e) where the premises are residential premises, he falls within subsection (4);

(f) where the premises are non-residential premises, he falls within subsection (5).

(4) A person falls within this subsection if he is—

(a) an individual who is not the occupier of the premises, or

(b) a key-holding company.

(5) A person falls within this subsection if he is—

(a) an individual who—

(i) is the responsible person, or

(ii) is acting on behalf of the responsible person, if the responsible person is not an individual, or

(b) a key-holding company.

(6) If the responsible person becomes aware that a person who has been nominated as a key-holder in respect of premises under this section no longer satisfies one or more of the requirements in subsection (3), the responsible person must before the end of the required period nominate another person as a key-holder in respect of the premises.

(7) The required period for the purposes of subsection (6) is the period of 28 days starting with the date on which the responsible person becomes aware of that fact.

(8) In this section—

• “key-holding company” means a body corporate or an unincorporated association—

  (a)

  the business of which consists of or includes holding keys, and

  (b)

  which is capable of being contacted at any hour of the day;

• “non-residential premises” means premises which are not residential premises;

• “residential premises” means premises all or part of which comprise a dwelling.

Commencement Information

I1 S. 72 in force at 6.4.2006 for E. by S.I. 2006/795, art. 2(3), Sch. 2

I2 S. 72 in force at 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. by S.I. 2006/2797, art. 4(bb)