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Clean Neighbourhoods and Environment Act 2005 (c. 16)

(The document as of February, 2008)

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Clean Neighbourhoods and Environment Act 2005

2005 CHAPTER 16

CONTENTS

Content
  1. Part 1

    Crime and disorder

    1. 1. Crime and disorder reduction strategies

    2. 2. Gating orders

  2. Part 2

    Vehicles

    1. Nuisance parking offences

      1. 3. Exposing vehicles for sale on a road

      2. 4. Repairing vehicles on a road

      3. 5. Liability of directors etc

    2. Nuisance parking offences: fixed penalty notices

      1. 6. Power to give fixed penalty notices

      2. 7. Power to require name and address

      3. 8. Use of fixed penalty receipts

      4. 9. Fixed penalty notices: supplementary

    3. Abandoned vehicles

      1. 10. Offence of abandoning a vehicle: fixed penalty notices

      2. 11. Notice of removal

      3. 12. Disposal

      4. 13. Guidance

      5. 14. Abandoned vehicles: supplementary

    4. Illegally parked vehicles etc

      1. 15. Notice of removal

      2. 16. Disposal

      3. 17. Guidance

  3. Part 3

    Litter and refuse

    1. Offence of dropping litter

      1. 18. Extension of litter offence to all open places

      2. 19. Litter offence: fixed penalty notices

    2. Local authority notices

      1. 20. Litter clearing notices

      2. 21. Street litter control notices

      3. 22. Failure to comply with notice: fixed penalty notices

    3. Free distribution of printed matter

      1. 23. Controls on free distribution of printed matter

    4. General

      1. 24. Fixed penalty notices: common provision

      2. 25. Exclusion of liability

      3. 26. "Appropriate person"

      4. 27. "Litter"

  4. Part 4

    Graffiti and other defacement

    1. Graffiti and fly-posting

      1. 28. Fixed penalty notices: amount of fixed penalty

      2. 29. Fixed penalty notices: power to require name and address

      3. 30. Fixed penalty notices: authorised officers

      4. 31. Extension of graffiti removal notices to fly-posting

      5. 32. Sale of aerosol paint to children

    2. Advertisements

      1. 33. Unlawful display of advertisements: defences

      2. 34. Removal of placards and posters

  5. Part 5

    Waste

    1. Chapter 1

      Transport of waste

      1. 35. Unregistered transport: defence of acting under employer's instructions

      2. 36. Registration requirements and conditions

      3. 37. Enforcement powers

      4. 38. Failure to produce authority: fixed penalty notices

      5. 39. Interpretation

    2. Chapter 2

      Deposit and disposal of waste

      1. Offence of unlawful deposit of waste etc

        1. 40. Defence of acting under employer's instructions

        2. 41. Penalties on conviction

        3. 42. Investigation and enforcement costs

        4. 43. Clean-up costs

        5. 44. Forfeiture of vehicles

      2. Offences relating to documentation

        1. 45. Failure to furnish documentation: fixed penalty notices

      3. Offences: powers of seizure

        1. 46. Power to search and seize vehicles

      4. Local authority waste collection and disposal

        1. 47. Abolition of requirement to contract out waste disposal functions

        2. 48. Offences relating to waste receptacles: fixed penalty notices

        3. 49. Payments for waste recycling and disposal

        4. 50. Power to require owner of land to remove waste

      5. Supplementary

        1. 51. "Appropriate person"

        2. 52. Use of fixed penalty receipts

        3. 53. Supplementary enforcement powers

    3. Chapter 3

      Site waste

      1. 54. Site waste management plans

  6. Part 6

    Dogs

    1. Chapter 1

      Controls on dogs

      1. Dog control orders

        1. 55. Power to make dog control orders

        2. 56. Dog control orders: supplementary

        3. 57. Land to which Chapter 1 applies

        4. 58. Primary and secondary authorities

      2. Fixed penalty notices

        1. 59. Fixed penalty notices

        2. 60. Amount of fixed penalties

        3. 61. Power to require name and address

        4. 62. Community support officers etc

      3. Supplementary

        1. 63. Overlapping powers

        2. 64. Byelaws

        3. 65. Dogs (Fouling of Land) Act 1996

      4. General

        1. 66. "Appropriate person"

        2. 67. Regulations and orders

    2. Chapter 2

      Stray dogs

      1. 68. Termination of police responsibility for stray dogs

  7. Part 7

    Noise

    1. Chapter 1

      Audible intruder alarms

      1. Alarm notification areas

        1. 69. Designation of alarm notification areas

        2. 70. Withdrawal of designation

        3. 71. Notification of nominated key-holders

        4. 72. Nomination of key-holders

        5. 73. Offences under section 71: fixed penalty notices

        6. 74. Amount of fixed penalty

        7. 75. Use of fixed penalty receipts

        8. 76. Fixed penalty notices: power to require name and address

      2. Powers in relation to alarms

        1. 77. Power of entry

        2. 78. Warrant to enter premises by force

        3. 79. Powers of entry: supplementary

      3. Supplementary

        1. 80. Orders and regulations

        2. 81. Interpretation

    2. Chapter 2

      General

      1. Noise from premises

        1. 82. Noise offences: fixed penalty notices

        2. 83. Noise offences: use of fixed penalty receipts

        3. 84. Extension of Noise Act 1996 to licensed premises etc

        4. 85. Noise Act 1996: supplementary

      2. Statutory noise nuisances

        1. 86. Deferral of duty to serve abatement notice

  8. Part 8

    Architecture and the built environment

    1. Commission for Architecture and the Built Environment

      1. 87. The Commission for Architecture and the Built Environment

      2. 88. General functions of the Commission

      3. 89. Changes to functions of the Commission

      4. 90. Power to dissolve the Commission

      5. 91. Dissolution of the old Commission

      6. 92. Transfer of staff, property etc

      7. 93. Tax

    2. Financial assistance

      1. 94. Architecture and the built environment: financial assistance

    3. Supplementary

      1. 95. Orders

  9. Part 9

    Miscellaneous

    1. Use of fixed penalty receipts

      1. 96. Use of fixed penalty receipts: higher tier authorities

      2. 97. Use of fixed penalty receipts: lower tier authorities

      3. 98. Sections 96 and 97: supplementary

    2. Shopping and luggage trolleys

      1. 99. Abandoned shopping and luggage trolleys

      2. 100. Section 99: transitional provision

    3. Statutory nuisances

      1. 101. Statutory nuisance: insects

      2. 102. Statutory nuisance: lighting

      3. 103. Sections 101 and 102: supplementary

    4. Pollution

      1. 104. Contaminated land: appeals against remediation notices

      2. 105. Offences relating to pollution etc: penalties on conviction

  10. Part 10

    General

    1. 106. Minor and consequential amendments

    2. 107. Repeals

    3. 108. Commencement

    4. 109. Money

    5. 110. Extent

    6. 111. Short title

    1. Schedule 1

      Application of the Noise Act 1996 to licensed premises etc

    2. Schedule 2

      Commission for Architecture and the Built Environment

    3. Schedule 3

      Transfer of staff, property etc from the old Commission

    4. Schedule 4

      Minor and consequential amendments

    5. Schedule 5

      Repeals

      1. Part 1

        Vehicles

      2. Part 2

        Litter and refuse

      3. Part 3

        Graffiti and other defacement

      4. Part 4

        Waste

      5. Part 5

        Dog controls

      6. Part 6

        Stray dogs

      7. Part 7

        Noise

      8. Part 8

        Architecture and the built environment

      9. Part 9

        Use of fixed penalty receipts

      10. Part 10

        Contaminated land

An Act to amend section 6 of the Crime and Disorder Act 1998; to make provision for the gating of certain minor highways; to make provision in relation to vehicles parked on roads that are exposed for sale or being repaired; to make provision in relation to abandoned vehicles and the removal and disposal of vehicles; to make provision relating to litter and refuse, graffiti, fly-posting and the display of advertisements; to make provision relating to the transportation, collection, disposal and management of waste; to make provision relating to the control of dogs and to amend the law relating to stray dogs; to make provision in relation to noise; to provide for the Commission for Architecture and the Built Environment and for the making of grants relating to the quality of the built environment; to amend the law relating to abandoned shopping and luggage trolleys; to amend the law relating to statutory nuisances; to amend section 78L of the Environmental Protection Act 1990; to amend the law relating to offences under Schedule 1 to the Pollution Prevention and Control Act 1999; and for connected purposes.

[7th April 2005]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part 1 Crime and disorder

1 Crime and disorder reduction strategies

In section 6 of the Crime and Disorder Act 1998 (c. 37) (formulation and implementation of crime and disorder reduction strategies), in subsection (2)(a) (reviews), in each of sub-paragraphs (i) and (ii) after "crime and disorder in the area" insert "(including anti-social and other behaviour adversely affecting the local environment)".

2 Gating orders

In the Highways Act 1980 (c. 66), after section 129 insert--



" Part 8A Restriction of rights over highway

129A Gating orders

(1) A council may in accordance with this Part make an order under this section in relation to any relevant highway for which they are the highway authority.

(2) An order under this section is to be known as a "gating order".

(3) Before making a gating order in relation to a relevant highway the council must be satisfied that--

(a) premises adjoining or adjacent to the highway are affected by crime or anti-social behaviour;

(b) the existence of the highway is facilitating the persistent commission of criminal offences or anti-social behaviour; and

(c) it is in all the circumstances expedient to make the order for the purposes of reducing crime or anti-social behaviour.

(4) The circumstances referred to in subsection (3)(c) include--

(a) the likely effect of making the order on the occupiers of premises adjoining or adjacentto the highway;

(b) the likely effect of making the order on other persons in the locality; and

(c) in a case where the highway constitutes a through route, the availability of a reasonably convenient alternative route.

(5) In this section "relevant highway" means a highway other than--

(a) a special road;

(b) a trunk road;

(c) a classified or principal road;

(d) a strategic road, within the meaning of sections 60 and 61 of the Traffic Management Act 2004 (strategic roads in London);

(e) a highway of such other description as the appropriate person may by regulations prescribe.

129B Effect of gating orders

(1) A gating order restricts, to the extent specified in the order, the public right of way over the highway to which it relates.

(2) A gating order may in particular--

(a) restrict the public right of way at all times, or in respect of such times, days or periods as may be specified in the order;

(b) exclude persons of a description specified in the order from the effect of the restriction.

(3) A gating order may not be made so as to restrict the public right of way over a highway for the occupiers of premises adjoining or adjacent to the highway.

(4) A gating order may not be made so as to restrict the public right of way over a highway which is the only or principal means of access to any dwelling.

(5) In relation to a highway which is the only or principal means of access to any premises used for business or recreational purposes, a gating order may not be made so as to restrict the public right of way over the highway during periods when those premises are normally used for those purposes.

(6) A gating order may authorise the installation, operation and maintenance of a barrier or barriers for the purpose of enforcing the restriction provided for in the order.

(7) A council may install, operate and maintain any barrier authorised under subsection (6).

(8) A highway in relation to which a gating order is made shall not cease to be regarded as a highway by reason of the restriction of the public right of way under the order (or by reason of any barrier authorised under this section).

(9) In subsection (4) "dwelling" means any building or part of a building occupied, or intended to be occupied, as a separate dwelling.

129C Procedure for gating orders

(1) Before making a gating order in relation to a highway a council must notify the occupiers of premises adjacent to or adjoining the highway, in such manner as the appropriate person may by regulations prescribe, of--

(a) the proposed order; and

(b) the period within which they may make representations about it.

(2) The appropriate person must by regulations make provision as to further procedure to be complied with by a council in relation to the making of a gating order.

(3) Regulations under subsection (2) must include provision as to--

(a) the publication of a proposed order;

(b) public availability of copies of a proposed order;

(c) notification of persons (other than those referred to in subsection (1)) likely to be affected by a proposed order;

(d) the making of representations about a proposed order.

(4) Regulations under subsection (2) may include provision--

(a) requiring a council to hold a public inquiry in such circumstances as may be specified in the regulations;

(b) permitting a council to hold a public inquiry at their discretion in such circumstances as may be so specified.

(5) The appropriate person may by regulations specify requirements as to form and content with which a gating order must comply.

129D Validity of gating orders

(1) A person may apply to the High Court for the purpose of questioning the validity of a gating order on the ground that--

(a) the council had no power to make it; or

(b) any requirement under this Part was not complied with in relation to it.

(2) An application under this section must be made within a period of six weeks beginning with the date on which the gating order is made.

(3) On an application under this section the High Court may by order suspend the operation of the gating order, or any of its provisions, until the final determination of the proceedings.

(4) If on an application under this section the High Court is satisfied that--

(a) the council had no power to make the order, or

(b) the interests of the applicant have been substantially prejudiced by any failure to comply with a requirement under this Part,

the High Court may quash the order or any of its provisions.

(5) A gating order, or any of its provisions, may be suspended under subsection (3) or quashed under subsection (4)--

(a) generally; or

(b) so far as may be necessary for the protection of the interests of the applicant.

(6) Except as provided for by this section, a gating order may not, either before or after it has been made, be questioned in any legal proceedings.

129E Publication and availability of gating orders

(1) The appropriate person may by regulations make provision imposing requirements on councils in relation to--

(a) the publication of gating orders;

(b) public availability of copies of gating orders;

(c) the keeping and inspection of registers of gating orders.

(2) Regulations under subsection (1)(b) may provide that a council need not provide a person with a copy of a gating order otherwise than on payment of a reasonable charge.

129F Variation and revocation of gating orders

(1) A council may vary a gating order made by them so as further to restrict any public right of way over the highway to which the order relates, if they are satisfied that in all the circumstances it is expedient to do so for the purpose of reducing crime or anti-social behaviour.

(2) A council may vary a gating order made by them so as to reduce the restriction imposed by the order, if and to the extent that they are satisfied that the restriction is no longer expedient in all the circumstances for the purpose of reducing crime or anti-social behaviour.

(3) A council may revoke a gating order made by them, if they are satisfied that the restriction imposed by the order is no longer expedient in all the circumstances for the purpose of reducing crime or anti-social behaviour.

(4) Before varying or revoking a gating order in relation to a highway a council must notify the occupiers of premises adjacent to or adjoining the highway, in such manner as the appropriate person may by regulations prescribe, of--

(a) the proposed variation or revocation; and

(b) the period within which they may make representations about it.

(5) The appropriate person must by regulations make further provision as to the procedure to be followed by a council in relation to the variation or revocation of a gating order.

(6) Regulations under subsection (5) must include provision as to--

(a) publication of any proposed variation or revocation;

(b) notification of persons (other than those referred to in subsection (4)) likely to be affected by a proposed variation or revocation;

(c) the making of representations about a proposed variation or revocation.

(7) Regulations under subsection (5) may include provision--

(a) requiring a council to hold a public inquiry in such circumstances as may be specified in the regulations;

(b) permitting a council to hold a public inquiry at their discretion in such circumstances as may be so specified.

129G Interpretation

For the purposes of this Part--

  • "anti-social behaviour" means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more other persons not of the same household as himself;

  • "appropriate person" means--

    (a)

    the Secretary of State, in relation to England;

    (b)

    the National Assembly for Wales, in relation to Wales. "



Part 2 Vehicles

Nuisance parking offences

3 Exposing vehicles for sale on a road

(1) A person is guilty of an offence if at any time--

(a) he leaves two or more motor vehicles parked within 500 metres of each other on a road or roads where they are exposed or advertised for sale, or

(b) he causes two or more motor vehicles to be so left.

(2) A person is not to be convicted of an offence under subsection (1) if he proves to the satisfaction of the court that he was not acting for the purposes of a business of selling motor vehicles.

(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4) In this section--

  • "motor vehicle" has the same meaning as in the Refuse Disposal (Amenity) Act 1978 (c. 3);

  • "road" has the same meaning as in the Road Traffic Regulation Act 1984 (c. 27).

4 Repairing vehicles on a road

(1) A person who carries out restricted works on a motor vehicle on a road is guilty of an offence, subject as follows.

(2) For the purposes of this section "restricted works" means--

(a) works for the repair, maintenance, servicing, improvement or dismantling of a motor vehicle or of any part of or accessory to a motor vehicle;

(b) works for the installation, replacement or renewal of any such part or accessory.

(3) A person is not to be convicted of an offence under this section in relation to any works if he proves to the satisfaction of the court that the works were not carried out--

(a) in the course of, or for the purposes of, a business of carrying out restricted works; or

(b) for gain or reward.

(4) Subsection (3) does not apply where the carrying out of the works gave reasonable cause for annoyance to persons in the vicinity.

(5) A person is also not to be convicted of an offence under this section in relation to any works if he proves to the satisfaction of the court that the works carried out were works of repair which--

(a) arose from an accident or breakdown in circumstances where repairs on the spot or elsewhere on the road were necessary; and

(b) were carried out within 72 hours of the accident or breakdown or were within that period authorised to be carried out at a later time by the local authority for the area.

(6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7) In this section--

  • "motor vehicle" has the same meaning as in the Refuse Disposal (Amenity) Act 1978;

  • "road" has the same meaning as in the Road Traffic Regulation Act 1984;

  • "local authority" has the meaning given in section 9.

5 Liability of directors etc

(1) Where an offence under section 3 or 4 committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of--

(a) any director, manager, secretary or other similar officer of the body corporate, or

(b) a person who was purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body.



Nuisance parking offences: fixed penalty notices

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6 Power to give fixed penalty notices

(1) Where on any occasion an authorised officer of a local authority has reason to believe that a person has committed an offence under section 3 or 4 in the area of that authority, the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty to the local authority.

(2) Where a person is given a notice under this section in respect of an offence--

(a) no proceedings may be instituted for that offence 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 if he pays the fixed penalty before the expiration of that period.

(3) A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.

(4) A notice under this section must also state--

(a) the period during which, by virtue of subsection (2), proceedings will not be taken for the offence;

(b) the amount of the fixed penalty; and

(c) the person to whom and the address at which the fixed penalty may be paid.

(5) Without prejudice to payment by any other method, payment of the fixed penalty 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 (4)(c) at the address so mentioned.

(6) Where a letter is sent in accordance with subsection (5) 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.

(7) The form of a notice under this section is to be such as the appropriate person may by order prescribe.

(8) The fixed penalty payable to a local authority under this section is, subject to subsection (9), £100.

(9) The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (8).

(10) The local authority to which a fixed penalty is payable under this section 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.

(11) The appropriate person may by regulations restrict the extent to which, and the circumstances in which, a local authority may make provision under subsection (10).

(12) In any proceedings a certificate which--

(a) purports to be signed on behalf of the chief finance officer of the local authority, and

(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(13) In this section "chief finance officer", in relation to a local authority, means the person having responsibility for the financial affairs of the authority.

7 Power to require name and address

(1) If an authorised officer of a local authority proposes to give a person a notice under section 6, 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.

8 Use of fixed penalty receipts

(1) This section applies in relation to amounts paid to a local authority in pursuance of notices under section 6 (its "fixed penalty receipts").

(2) A local authority may use its fixed penalty receipts only for the purposes of--

(a) its functions under the Refuse Disposal (Amenity) Act 1978 (c. 3);

(b) its functions under sections 99 to 102 of the Road Traffic Regulation Act 1984 (c. 27);

(c) its functions relating to the enforcement of sections 3 and 4;

(d) such other of its functions as may be specified in regulations made by the appropriate person.

(3) Regulations under subsection (2)(d) may (in particular) have the effect that an authority may use its fixed penalty receipts for the purposes of any of its functions.

(4) A local authority must supply the appropriate person with such information relating to its use of its fixed penalty receipts as the appropriate person may require.

(5) The appropriate person may by regulations--

(a) make provision for what a local authority is to do with its fixed penalty receipts--

(i) pending their being used for the purposes of functions of the authority referred to in subsection (2);

(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 fixed penalty receipts.

(6) The provision that may be made under subsection (5)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the appropriate person) other than the authority.

(7) Before making regulations under this section, the appropriate person must consult--

(a) the authorities to which the regulations are to apply;

(b) such other persons as the appropriate person thinks fit.

(8) The powers to make regulations conferred by this section are, for the purposes of subsection (1) of section 100 of the Local Government Act 2003 (c. 26), to be regarded as included among the powers mentioned in subsection (2) of that section.

9 Fixed penalty notices: supplementary

(1) For the purposes of this section, "this group of sections" means sections 6 to 8 and this section.

(2) In this group of sections--

  • "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)

    Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10

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