12(1)Section 9 (section 8: supplementary) is amended as follows.E+W
(2)In subsection (1), for “the Secretary of State” substitute “ the appropriate person ”.
(3)After subsection (2) insert—
“(2A)If a fixed penalty notice is given to a person in respect of noise emitted from other premises in any period in a warning notice—
(a)no further fixed penalty notice may be given to that person in respect of noise emitted from the premises during that period, but
(b)that person may be convicted of a further offence under section 4A in respect of noise emitted from the premises after the fixed penalty notice is given and before the end of that period.”
(4)In subsections (4A)(b) and (4C), for each occurrence of “the Secretary of State” substitute “ the appropriate person ”.
(5)In subsection (4D), for “The Secretary of State” substitute “ The appropriate person ”.
(6)In subsections (4E) and (4F), for each occurrence of “the Secretary of State” substitute “ the appropriate person ”.
(7)In subsection (5), after “section 4” insert “ or 4A ”.
Commencement Information
I1Sch. 1 para. 12(1)(3)(7) in force at 1.10.2006 for E. by S.I. 2006/2006, art. 2
I2Sch. 1 para. 12(1)(3)(4)(7) 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(kk)
I3Sch. 1 para. 12(2)(5)(6) in force at 6.4.2006 for E. by S.I. 2006/795, art. 2(3), Sch. 2
I4Sch. 1 para. 12(2)(5)(6) in force at 27.10.2006 for W. by S.I. 2006/2797, art. 2(p)
I5Sch. 1 para. 12(4) in force at 14.3.2006 for E. by S.I. 2006/795, art. 2(1), Sch. 1