(1)Subject to section 30 (designation procedure for enforcement action zones) of this Act, a borough council (or two or more borough councils acting jointly) may designate an area of land in which, in their opinion, it is expedient that enhanced environmental crime enforcement action should be enabled.
(2)An area designated under this section shall be known as an enforcement action zone and in this section and the said section 30 the council or councils designating the zone shall be known as the “designating authority”.
(3)The area designated under this section may comprise two or more parcels of land which—
(a)need not be contiguous; and
(b)need not be in the area of the same borough council.
(4)In deciding whether to designate any area of land, the designating authority shall have regard to such matters as they think fit.
(5)Without prejudice to the generality of subsection (4) above, among the matters to which the designating authority may have regard in deciding whether to include a particular area of land in an order under this section, are—
(a)the level of environmental crime in the area;
(b)the nature of use of land in the area;
(c)the location of schools, playgrounds, recreation grounds, parks and other open spaces in the area;
(d)the living conditions of those who live in the area and the social conditions and general environment of the area.
(6)A designating authority may by resolution bring to an end a designation under this section.
(7)In this section, “environmental crime” means criminal activity which is related to the degradation of the amenity of an area.
(1)Before designating any area under section 29 (enforcement action zones) of this Act, the designating authority shall publish, or cause to be published, in at least one local newspaper circulating in the locality, a notice that such a proposal has been made, naming a place or places in the locality where a map or maps defining the area concerned may be inspected at all reasonable hours.
(2)Any notice under subsection (1) above shall state that any objection to the proposal may be made to the proper officer of any one of the borough councils of whom the designating authority is comprised, in writing within such period (not being less than 21 days from the date when the notice was given), as is specified in the notice.
(3)The designating authority shall not designate an area under this section until after the expiry of the specified period.
(4)In determining whether to designate an area under this section, the authority—
(a)shall take into account any objections made in accordance with subsection (2) above;
(b)may modify the proposal if—
(i)they have notified, in writing, any person who has made an objection or representation to them of their intention and their reasons for it and has given them a reasonable opportunity to respond; and
(ii)the intended modification does not extend the area of land specified in the proposal.
(5)Where the authority designates an area under this section, they shall notify any person who has made an objection in accordance with subsection (2) above.
(6)The designation shall not come into effect until the approval of the Secretary of State has been obtained.
(7)Any approval given by the Secretary of State under subsection (6) above—
(a)shall not be given until the designating authority has notified the Secretary of State that they have designated the area in accordance with this section;
(b)shall be given in writing to the designating authority; and
(c)may require the designating authority to make such modifications to the designation as he thinks appropriate.
(8)The designating authority shall comply with any requirements made under subsection (7)(c) above.
(9)Notice of the coming into effect of the designation of a particular area shall be published by the authority in at least one local newspaper circulating in the locality and on the same or a subsequent date in the London Gazette, and such notice shall—
(a)contain a full statement of the effect of the designation;
(b)describe any modifications made in accordance with any requirements made under subsection (7)(c) above;
(c)name a place or places in the locality where a copy of the designation and of a map defining the area concerned may be seen at all reasonable hours; and
(d)specify a date when the designation shall come into effect, being at least 14 and not more than 28 days after the publication of the notice in the London Gazette.
(10)A designation shall come into effect on the date specified in the notice given under subsection (9) above.
(1)If an enforcement action zone is established in an area, the enactments set out in the first column in Part 1 of the table in Schedule 2 to this Act shall as respects offences committed in the zone apply and have effect as if amended in accordance with the second column of that Part of that table.
(2)The enactments set out in the first column in Part 2 of the table in the said Schedule 2 shall apply and have effect in a borough as if amended in accordance with the second column of that Part of that table.