Summary procedure for dealing with noise at night E+W+N.I.

[F1 8AAmount of fixed penalty E+W

(1) This section applies in relation to a fixed penalty payable to a local authority in pursuance of a notice under section 8.

(2) [F2 In the case of an offence under section 4] The amount of the fixed penalty—

(a) is the amount specified by the local authority in relation to the authority's area, or

(b) if no amount is so specified, is £100.

[F3 (2A) In the case of an offence under section 4A the amount of the fixed penalty is £500.]

(3) The local authority may make provision for treating the fixed penalty [F4 payable in the case of an offence under section 4] as having been paid if a lesser amount is paid before the end of a period specified by the authority.

(4) The appropriate person may by regulations make provision in connection with the powers conferred on local authorities under subsections (2)(a) and (3).

(5) Regulations under subsection (4) may (in particular)—

(a) require an amount specified under subsection (2)(a) to fall within a range prescribed in the regulations;

(b) restrict the extent to which, and the circumstances in which, a local authority can make provision under subsection (3).

(6) The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (2)(b) [F5 or (2A)].]

Textual Amendments

F1 Ss. 8A, 8B inserted (E.W.) (16.3.2006 for W. for specified purposes, 6.4.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 82(2), 108(1), (2); S.I. 2006/768, art. 3; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 4(jj)

F2 Words in s. 8A(2) inserted (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 11(2); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk)

F3 S. 8A(2A) inserted (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 11(3); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk)

F4 Words in s. 8A(3) inserted (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 11(4); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk)

F5 Words in s. 8A(6) inserted (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 11(5); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk)

[F6 8AAmount of fixed penalty N.I.

(1) This section applies in relation to a fixed penalty payable to a district council in pursuance of a notice under section 8.

(2) In the case of an offence under section 4 the amount of the fixed penalty—

(a) is the amount specified by the district council in relation to the council's district, or

(b) if no amount is so specified, is £100.

(3) In the case of an offence under section 4A the amount of the fixed penalty is £500.

(4) A district council may make provision for treating the fixed penalty payable in the case of an offence under section 4 as having been paid if a lesser amount is paid before the end of a period specified by the council.

(5) The Department may by regulations make provision in connection with the powers conferred on district councils under subsections (2)(a) and (4).

(6) Regulations under subsection (5) may (in particular)—

(a) require an amount specified under subsection (2)(a) to fall within a range prescribed in the regulations;

(b) restrict the extent to which, and the circumstances in which, a district council can make provision under subsection (4).

(7) The Department may by order substitute a different amount for the amount for the time being specified in subsection (2)(b) or (3).]

Textual Amendments

F6 Ss. 8A, 8B inserted (18.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), ss. 61(2), 78; S.R. 2012/13, art. 2(1)(2), Sch. 1, Sch. 2