Part 7 E+WNoise

Chapter 2 E+WGeneral

Noise from premises E+W

82 Noise offences: fixed penalty notices E+W

(1) In section 8 of the Noise Act 1996 (c. 37) (fixed penalty notices), omit subsection (8) (amount of fixed penalty).

(2) After that section insert—

“8A Amount of fixed penalty

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

(2) 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.

(3) The local authority may make provision for treating the fixed penalty 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).

8B Fixed penalty notices: power to require name and address

(1) If an officer of a local authority who is authorised for the purposes of section 8 proposes to give a person a fixed penalty notice, 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.”

Commencement Information

I1 S. 82 in force at 16.3.2006 for specified purposes for W. by S.I. 2006/768, art. 3

I2 S. 82 in force at 6.4.2006 for E. by S.I. 2006/795, art. 2(3), Sch. 2

I3 S. 82 in force at 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 S.I. 2006/2797, art. 4(jj)