Part 6

The environment

Noise

Closure of noisy premises
40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closure of noisy premises: supplemental
41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dealing with noise at night
42
1
The Noise Act 1996 (c. 37) is amended as follows.
2
For section 1 (sections 2 to 9 only apply to area of local authority if authority have so resolved or an order by Secretary of State so provides) substitute—

Application of sections 2 to 9
1
Sections 2 to 9 apply to the area of every local authority in England and Wales.
3
For section 2(1)
(local authority under duty to investigate complaint of noise from dwelling at night) substitute—
1
A local authority in England and Wales may, if they receive a complaint of the kind mentioned in subsection (2), arrange for an officer of the authority to take reasonable steps to investigate the complaint.
4
In section 2(7)
(power of local authority to act in relation to dwelling within area of other authority) omit the words from “and accordingly” to the end.
5
In section 9 (section 8: supplementary), for subsection (4) substitute—
4
A local authority may use any sums it receives under section 8 (its “penalty receipts”) only for the purposes of functions of its that are qualifying functions.
4A
The following are qualifying functions for the purposes of this section—
a
functions under this Act, and
b
functions of a description specified in regulations made by the Secretary of State.
4B
Regulations under subsection (4A)(b) may (in particular) have the effect that a local authority may use its penalty receipts for the purposes of any of its functions.
4C
A local authority must supply the Secretary of State with such information relating to the use of its penalty receipts as the Secretary of State may require.
4D
The Secretary of State may by regulations—
a
make provision for what a local authority is to do with its 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 a local authority’s penalty receipts.
4E
The provision that may be made under subsection (4D)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the Secretary of State) other than the local authority.
4F
Before making regulations under this section, the Secretary of State must consult—
a
the local authorities to which the regulations are to apply, and
b
such other persons as the Secretary of State considers appropriate.
6
In section 11 (interpretation and subordinate legislation), in subsection (3) after “order”, in the first place where it occurs, insert “ or regulations ”.
7
The reference to the Noise Act 1996 (c. 37) in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) is to be treated as referring to that Act as amended by this section.

Penalty notices for graffiti and fly-posting

Penalty notices for graffiti and fly-posting
43
1
Where an authorised officer of a local authority has reason to believe that a person has committed a relevant offence in the area of that authority, he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a penalty in accordance with the notice.
2
But an authorised officer may not give a notice under subsection (1) if he considers that the commission of the offence—
a
in the case of a relevant offence falling within section 44(1)(c), also involves the commission of an offence under section 30 of the Crime and Disorder Act 1998 (c. 37), or
b
in the case of any other relevant offence, was motivated (wholly or partly) by hostility—
i
towards a person based upon his membership (or presumed membership) of a racial or religious group, or
ii
towards members of a racial or religious group based on their membership of that group.
3
In the case of a relevant offence falling within section 44(1)(f), an authorised officer may not give a notice to a person under subsection (1) in relation to the display of an advertisement unless he has reason to believe that that person personally affixed or placed the advertisement to, against or upon the land or object on which the advertisement is or was displayed.
4
Where a person is given a notice under subsection (1) in respect of an offence—
a
no proceedings may be instituted for that offence (or any other relevant offence arising out of the same circumstances) before the expiration of the period of fourteen days following the date of the notice, and
b
he may not be convicted of that offence (or any other relevant offence arising out of the same circumstances) if before the expiration of that period he pays the penalty in accordance with the notice.
5
A notice under subsection (1) must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
6
A notice under subsection (1) must also state—
a
the period during which, by virtue of subsection (4), proceedings will not be instituted for the offence,
b
the amount of the penalty, and
c
the person to whom and the address at which the penalty may be paid.
7
Without prejudice to payment by any other method, payment of a penalty in pursuance of a notice under subsection (1) may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (6)(c) at the address so mentioned.
8
Where a letter is sent in accordance with subsection (7) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
9
A notice under subsection (1) must be in such form as the appropriate person may by order prescribe.
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of penalty
43A
1
The amount of a penalty payable in pursuance of a notice under section 43(1)—
a
is the amount specified by a relevant local authority in relation to its area (whether or not the penalty is payable to that or another authority), or
b
if no amount is so specified, is—
i
in England, £100, or
ii
in Wales, £75.
2
In subsection (1)(a), “
relevant local authority
” means—
a
a district council in England;
b
a county council in England for an area for which there is no district council;
c
a London borough council;
d
the Common Council of the City of London;
e
the Council of the Isles of Scilly;
f
a county or county borough council in Wales.
3
The local authority to which a penalty is payable in pursuance of a notice under section 43(1) may make provision for treating it 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 under subsections (1)(a) and (3).
5
Regulations under subsection (4) may (in particular)—
a
require an amount specified under subsection (1)(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 (1)(b).

Penalty notices: power to require name and address
43B
1
If an authorised officer of a local authority proposes to give a person a notice under section 43(1), the officer may require the person to give him his name and address.
2
A person commits an offence if—
a
he fails to give his name and address when required to do so under subsection (1), or
b
he gives a false or inaccurate name or address in response to a requirement under that subsection.
3
A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Meaning of relevant offence
44
1
“Relevant offence” means—
a
an offence under paragraph 10 of section 54 of the Metropolitan Police Act 1839 (c. 47) (affixing posters etc),
b
an offence under section 20(1) of the London County Council (General Powers) Act 1954 (defacement of streets with slogans etc),
c
an offence under section 1(1) of the Criminal Damage Act 1971 (c. 48) (damaging property etc) which involves only the painting or writing on, or the soiling, marking or other defacing of, any property by whatever means,
d
an offence under section 131(2) of the Highways Act 1980 (c. 66) (including that provision as applied by section 27(6) of the Countryside Act 1968 (c. 41)) which involves only an act of obliteration,
e
an offence under section 132(1) of the Highways Act 1980 (painting or affixing things on structures on the highway etc),
f
an offence under section 224(3) of the Town and Country Planning Act 1990 (c. 8) (displaying advertisement in contravention of regulations).
2
This section has effect for the purposes of the interpretation of section 43.

Penalty receipts
45
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.
2
In any proceedings a certificate which—
a
purports to be signed by or on behalf of the person responsible for the financial affairs of a local authority, and
b
states that payment of a penalty payable in pursuance of a notice under section 43(1) was or was not received by a date specified in the certificate,
is evidence of the facts stated.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of police civilians
46
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In paragraph 1 of Schedule 5 to that Act (powers of accredited persons to issue fixed penalty notices)—
a
at the end of sub-paragraph (2)(b) omit “and”, and
b
after sub-paragraph (2)(b) insert—
ba
the power of an authorised officer of a local authority to give a notice under section 43(1) of the Anti-social Behaviour Act 2003 (penalty notices in respect of graffiti or fly-posting); and
.

Interpretation etc
47
1
In this section and sections 43 to 43B and 45—
- “advertisement” and “land” have the meanings given by section 336(1) of the Town and Country Planning Act 1990 (c. 8),
- “appropriate person” means—
  1. in relation to England, the Secretary of State, and
  2. in relation to Wales, the National Assembly for Wales,
- “
authorised officer
”, in relation to a local authority, means—
  1. an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under section 43(1);
  2. any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function; and
  3. any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices,
- “local authority” means an authority in England and Wales which is a litter authority for the purposes of section 88 of the Environmental Protection Act 1990 (c. 43),
- “racial group” and “religious group” have the meanings given by section 28(4) and (5) of the Crime and Disorder Act 1998 (c. 37).
2
Section 28(2) of the Crime and Disorder Act 1998 is to apply for the purposes of section 43(2)(b)(i) as it applies for the purposes of section 28(1)(a) of that Act.
3
The appropriate person may issue guidance—
a
about the exercise of the discretion to give notices under section 43(1), and
b
about the giving of such notices.
4
The appropriate person may by regulations prescribe conditions to be satisfied by a person before a parish or community council may authorise him in writing for the purpose of giving notices under section 43(1).
...

Defacement removal notices
48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery of expenditure
49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance
50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals
51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption from liability in relation to defacement removal notices
52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Advertisements

Display of advertisements in contravention of regulations
53
In section 224(3) of the Town and Country Planning Act 1990 (c. 8)
(offence of displaying advertisement in contravention of regulations) for “level 3”, in both places where it occurs, substitute “ level 4 ”.

Aerosol paints

Sale of aerosol paint to children
54
1
A person commits an offence if he sells an aerosol paint container to a person under the age of sixteen.
2
In subsection (1) “aerosol paint container” means a device which—
a
contains paint stored under pressure, and
b
is designed to permit the release of the paint as a spray.
3
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
4
It is a defence for a person charged with an offence under this section in respect of a sale to prove that—
a
he took all reasonable steps to determine the purchaser’s age, and
b
he reasonably believed that the purchaser was not under the age of sixteen.
5
It is a defence for a person charged with an offence under this section in respect of a sale effected by another person to prove that he (the defendant) took all reasonable steps to avoid the commission of an offence under this section.

Enforcement of section 54
54A
1
It is the duty of every local weights and measures authority—
a
to consider, at least once in every period of twelve months, the extent to which it is appropriate for the authority to carry out in their area a programme of enforcement action in relation to section 54; and
b
to the extent that they consider it appropriate to do so, carry out such a programme.
2
For the purposes of subsection (1), a programme of enforcement action in relation to section 54 is a programme involving all or any of the following—
a
the bringing of prosecutions in respect of offences under that section;
b
the investigation of complaints in respect of alleged offences under that section;
c
the taking of other measures intended to reduce the incidence of offences under that section.

Waste and litter

Unlawfully deposited waste etc
55
1
The Control of Pollution (Amendment) Act 1989 (c. 14) is amended in accordance with subsections (2) and (3).
2
In subsection (1) of section 7 (further enforcement provisions) for “relevant authority” substitute “ waste regulation authority ”.
3
After subsection (1) of section 9 (interpretation) insert—
1A
In sections 5 to 7 above “regulation authority” also means a waste collection authority falling within section 30(3)(a), (b) or (bb) of the Environmental Protection Act 1990.
4
After section 59 of the Environmental Protection Act 1990 (c. 43) insert—

Directions in relation to exercise of powers under section 59
59A
1
The Secretary of State may issue directions setting out categories of waste to which a waste regulation authority or waste collection authority in England and Wales should give priority for the purposes of exercising its powers under section 59 above.
2
Priorities set out in directions under subsection (1) above may be different for different authorities or areas.
3
But nothing in this section or in any directions issued under it affects any power of an authority under section 59 above.
5
In section 71 of the Environmental Protection Act 1990 (c. 43)
(obtaining information from persons and authorities), after subsection (3) insert—
4
The Secretary of State may, by notice in writing, require a waste regulation authority or waste collection authority in England and Wales to supply to him, or to such other person as may be specified in the notice, such information as may be so specified in respect of—
a
cases where the authority has exercised any powers under section 59 above, and
b
cases where the authority has taken action under any other enactment in respect of any deposit or other disposal of controlled waste in contravention of section 33(1) above.
6
Subsection (15) of section 108 of the Environment Act 1995 (c. 25)
(powers of enforcing authorities and persons authorised by them) is amended in accordance with subsections (7) to (9).
7
In the definition of “enforcing authority” after paragraph (b) insert—
ba
a waste collection authority;
.
8
After the definition of “pollution control functions” in relation to the Agency or SEPA insert—
- “pollution control functions”, in relation to a waste collection authority, means the functions conferred on it by section 59 of the Environmental Protection Act 1990;
.
9
After the definition of “premises” insert—
“waste collection authority” shall be construed in accordance with section 30(3)(a), (b) and (bb) of the Environmental Protection Act 1990.
10
The reference to the Environmental Protection Act 1990 in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/ 672) is to be treated as referring to that Act as amended by this section.

Extension of litter authority powers to take remedial action
56
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The reference to the Environmental Protection Act 1990 (c. 43) in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/ 672) is to be treated as referring to that Act as amended by this section.
S. 53 in force at 20.1.2004 by S.I. 2003/3300, art. 2(d)
S. 46 in force at 31.3.2004 by S.I. 2004/690, art. 2(a)(i)
S. 54 in force at 31.3.2004 by S.I. 2004/690, art. 2(a)(ii)
S. 42 in force at 31.3.2004 for E. by S.I. 2004/690, art. 3(c)
S. 43 in force at 31.3.2004 for E. by S.I. 2004/690, art. 3(d)
S. 44 in force at 31.3.2004 for E. by S.I. 2004/690, art. 3(e)
S. 45 in force at 31.3.2004 for E. by S.I. 2004/690, art. 3(f)
S. 47 in force at 31.3.2004 for E. by S.I. 2004/690, art. 3(g)
S. 55 in force at 31.3.2004 for E. by S.I. 2004/690, art. 3(h)
S. 56 in force at 31.3.2004 for E. by S.I. 2004/690, art. 3(i)
S. 42 in force at 31.3.2004 for W. by S.I. 2004/999, art. 2(c)
S. 43 in force at 31.3.2004 for W. by S.I. 2004/999, art. 2(d)
S. 44 in force at 31.3.2004 for W. by S.I. 2004/999, art. 2(e)
S. 45 in force at 31.3.2004 for W. by S.I. 2004/999, art. 2(f)
S. 47 in force at 31.3.2004 for W. by S.I. 2004/999, art. 2(g)
S. 55 in force at 31.3.2004 for W. by S.I. 2004/999, art. 2(m)
S. 56 in force at 31.3.2004 for W. by S.I. 2004/999, art. 2(n)
S. 54A inserted (1.7.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 32, 108(3); S.I. 2005/1675, art. 2
S. 43A inserted (16.3.2006 for W. for specified purposes, 6.4.2006 for E. and 15.3.2007 for W. in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 28(2), 108(1), 108(2)(d); S.I. 2006/768, art. 3; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 4(m)
S. 43B inserted (6.4.2006 for E. and 15.3.2007 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 29, 108(1), 108(2)(d); S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 4(n)
Words in s. 47(1) substituted (16.3.2006 for W. for specified purposes, 6.4.2006 for E. and 15.3.2007 for W. in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 30(1), 108(1), 108(2)(d); S.I. 2006/768, art. 3; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 4(o)
S. 47(4) inserted (14.3.2006 for E., 16.3.2006 for W. for specified purposes and 15.3.2007 for W. in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 30(2), 108(1)(2)(d); S.I. 2006/795, art. 2(1), Sch. 1; S.I. 2006/768, art. 3; S.I. 2006/2797, art. 4(o)
S. 43(10)(11) repealed (16.3.2006 for W. for specified purposes, 6.4.2006 for E. and 15.3.2007 for W. in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 28(1), 108(1), 108(2)(d), Sch. 5 Pt. 3; S.I. 2006/768, art. 3;S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 4(m)
S. 45(3)-(9) repealed (6.3.2007 for E., 18.1.2008 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 5 Pt. 9; S.I. 2007/390, art. 2(d); S.I. 2007/3371, art. 2(d)
S. 45(1) substituted (6.3.2007 for E., 18.1.2008 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 4 para. 14; S.I. 2007/390, art. 2(b); S.I. 2007/3371, art. 2(a)
Words in s. 47(1) inserted (6.3.2007 for E., 18.1.2008 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 4 para. 15; S.I. 2007/390, art. 2(b); S.I. 2007/3371, art. 2(a)
S. 48 heading substituted (6.3.2007 for E., 18.1.2008 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 4 para. 17(2); S.I. 2007/390, art. 2(b); S.I. 2007/3371, art. 2(a)
Words in s. 52 heading substituted (6.3.2007 for E., 18.1.2008 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 4 para. 19; S.I. 2007/390, art. 2(b); S.I. 2007/3371, art. 2(a)
Ss. 48-52 and cross-heading repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 41(e) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))
S. 40 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 41(d) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a)); and s. 40 so far as it is still in force amended (12.3.2015) by S.I. 2015/664, reg. 1(1), Sch. 4 para. 35 (with reg. 5(1))
S. 41 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 41(d) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))
S. 56(1) repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(bb)(viii) (as renumbered (20.10.2014) by S.I. 2014/2754, arts. 1, 3(b))
S. 46(1) omitted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 15(b); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)
S. 43A(1)(b) substituted (1.4.2018) by The Environmental Offences (Fixed Penalties) (England) Regulations 2017 (S.I. 2017/1050), regs. 1(2), 7