Explanatory Memorandum

Clean Neighbourhoods and Environment Act (Northern Ireland) 2011

2011 CHAPTER 23

4 May 2011

Commentary on Sections

Part 6 – Noise

Chapter 1: Audible Intruder Alarms
Section 53 – Amount of fixed penalty

This section (subsections (2) and (3)) enables district councils to specify the amount of a fixed penalty for an offence committed in their district.  Where no amount is set by the council, the penalty amount will be £75.  In either case, a district council may treat a penalty as having been paid if a lesser amount is paid before the end of such (shorter) period as it may specify. Subsections (4) and (5) give power to the Department to make regulations governing the power of district council to set local fixed penalty rates (e.g. by specifying a range within which the amount must fall or limiting the extent and circumstances in respect of which a council may provide for reduced early payment). Under subsection (6) the Department may (by order) substitute the figure of £75 referred to above with a new amount.