Clean Neighbourhoods and Environment Act (Northern Ireland) 2011

1. Introductory Text

2. PART 1 GATING ORDERS

   1. 1. Gating orders

3. PART 2 VEHICLES

   1. Nuisance parking offences

      1. 2. Exposing vehicles for sale on a road

      2. 3. Repairing vehicles on a road

   2. Nuisance parking offences: fixed penalty notices

      1. 4. Power to give fixed penalty notices

      2. 5. Power to require name and address

      3. 6. Use of fixed penalty receipts

   3. Abandoned vehicles

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

      2. 8. Notice of removal of vehicle by district council

      3. 9. Disposal of removed vehicle by district council

      4. 10. Guidance

   4. Illegally parked vehicles

      1. 11. Notice of removal of vehicle

      2. 12. Disposal of vehicle by police officer

      3. 13. Disposal of vehicle by Department

4. PART 3 LITTER

   1. Offence of dropping litter

      1. 14. Offence of dropping litter in lake, pond or watercourse

      2. 15. Penalty for failing to provide name

      3. 16. Litter offence: fixed penalty notice

   2. District council notices

      1. 17. Litter clearing notices

      2. 18. Street litter control notices

      3. 19. Street litter: supplementary provisions

      4. 20. Failure to comply with notice: fixed penalty notices

   3. Free distribution of printed matter

      1. 21. Controls on free distribution of printed matter

   4. Fixed penalty notices: supplementary

      1. 22. Fixed penalty notices: supplementary

   5. Exclusion of liability for district councils

      1. 23. Exclusion of liability

   6. Shopping and luggage trolleys

      1. 24. Abandoned shopping and luggage trolleys

      2. 25. Section 24: transitional provision

5. PART 4 GRAFFITI AND OTHER DEFACEMENT

   1. Penalty notices for graffiti and fly-posting

      1. 26. Penalty notices for graffiti and fly-posting

      2. 27. Amount of penalty

      3. 28. Penalty notices: power to require name and address

      4. 29. Penalty receipts

      5. 30. Guidance

   2. Removal of graffiti and fly-posters

      1. 31. Defacement removal notices

      2. 32. Recovery of expenditure

      3. 33. Guidance

      4. 34. Appeals

      5. 35. Exemption from liability in relation to defacement removal notices

      6. 36. Removal or obliteration of graffiti, placards and posters

   3. Aerosol paints

      1. 37. Sale of aerosol paint to children

   4. Advertisements

      1. 38. Unlawful display of advertisements

   5. Supplementary

      1. 39. Power of district councils to obtain information

6. PART 5 DOGS

   1. Dog control orders

      1. 40. Power to make dog control orders

      2. 41. Dog control orders: supplementary

      3. 42. Land to which this Part applies

   2. Fixed penalty notices

      1. 43. Fixed penalty notices for contravention of dog control order

      2. 44. Amount of fixed penalties

      3. 45. Power to require name and address

   3. Supplementary

      1. 46. Byelaws

      2. 47. Power of district councils to obtain information

7. PART 6 NOISE

   1. CHAPTER 1 AUDIBLE INTRUDER ALARMS

      1. Alarm notification areas

         1. 48. Designation of alarm notification areas

         2. 49. Withdrawal of designation

         3. 50. Notification of nominated key-holders

         4. 51. Nomination of key-holders

         5. 52. Offences under section 50: fixed penalty notices

         6. 53. Amount of fixed penalty

         7. 54. Use of fixed penalty receipts

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

      2. Powers in relation to alarms

         1. 56. Power of entry

         2. 57. Warrant to enter premises by force

         3. 58. Powers of entry: supplementary

      3. Interpretation of Chapter

         1. 59. Interpretation of this Chapter

   2. CHAPTER 2 AMENDMENTS TO THE NOISE ACT 1996

      1. 60. Dealing with noise at night

      2. 61. Noise offences: fixed penalty notices

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

8. PART 7 STATUTORY NUISANCES

   1. 63. Statutory nuisances

   2. 64. Duty of district council to inspect for statutory nuisance

   3. 65. Summary proceedings for statutory nuisances

   4. 66. Abatement notice in respect of noise in the street

   5. 67. Supplementary provisions

   6. 68. Expenses recoverable from owner to be a charge on premises

   7. 69. Payment of expenses by instalments

   8. 70. Summary proceedings by persons aggrieved by statutory nuisances

   9. 71. Application of this Part to Crown

9. PART 8 MISCELLANEOUS AND SUPPLEMENTARY

   1. Use of fixed penalty receipts

      1. 72. Use of penalty receipts

   2. Increase of penalty for pollution offences

      1. 73. Offences relating to pollution etc.: penalties on conviction

   3. Offences by bodies corporate

      1. 74. Offences by bodies corporate

   4. Supplementary

      1. 75. Regulations and orders

      2. 76. Interpretation

      3. 77. Minor and consequential amendments and repeals

      4. 78. Commencement

      5. 79. Short title

10. SCHEDULES

    1. SCHEDULE 1

       APPLICATION OF THE NOISE ACT 1996 TO LICENSED PREMISES ETC.

       1. 1. The Noise Act 1996 (c. 37) is amended as follows....

       2. 2. In the heading to section 2, omit the words “from...

       3. 3. (1) Section 2 (investigations of complaints of noise) is amended...

       4. 4. (1) Section 3 (warning notices) is amended as follows.

       5. 5. In the heading to section 4, after the words “where...

       6. 6. After section 4 (offence where noise exceeds permitted level after...

       7. 7. In section 5 (permitted level of noise), in subsection (1)...

       8. 8. In section 6 (approval of measuring devices), in subsection (3)...

       9. 9. (1) Section 7 (evidence) is amended as follows.

       10. 10. (1) Section 8 (fixed penalty notices) is amended as follows....

       11. 11. (1) Section 9 (section 8: supplementary) is amended as follows....

       12. 12. (1) Section 10 (powers of entry and seizure etc.) is...

       13. 13. In the Schedule (powers in relation to seized equipment), in...

    2. SCHEDULE 2

       STATUTORY NUISANCES: SUPPLEMENTARY PROVISIONS

       1. Appeals to a court of summary jurisdiction

          1. 1. (1) This paragraph applies in relation to appeals under section...

       2. Powers of entry etc.

          1. 2. (1) Subject to sub-paragraph (2), any person authorised by a...

          2. 3. (1) Any person authorised by a district council may on...

       3. Offences relating to entry

          1. 4. (1) A person who wilfully obstructs any person acting in...

       4. Default powers

          1. 5. (1) This paragraph applies to the following functions of a...

       5. Protection from personal liability

          1. 6. Nothing done by, or by a member of, a district...

       6. Statement of right of appeal in notices

          1. 7. Where an appeal against a notice served by a district...

    3. SCHEDULE 3

       MINOR AND CONSEQUENTIAL AMENDMENTS

       1. PART 1 VEHICLES

          1. The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)

             1. 1. In Article 86— (a) in paragraph (1) at the beginning...

          2. The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)

             1. 2. In Article 54(4)(c) after the words “the Pollution Control (Northern...

       2. PART 2 LITTER

          1. The Litter (Northern Ireland) Order 1994 (NI 10)

             1. 3. (1) In Article 7(1) at the end of sub-paragraph (d)...

       3. PART 3 STATUTORY NUISANCE

          1. The Housing of the Working Classes Act 1885 (c. 72)

             1. 4. In section 9(1) for the words from “a nuisance within...

          2. The Public Health Acts Amendment Act 1907 (c. 53)

             1. 5. In section 35— (a) for the words “the Public Health...

          3. The Office and Shop Premises Act (Northern Ireland) 1966 (c. 26)

             1. 6. In section 72— (a) for paragraph (a) substitute—

          4. The Hovercraft Act 1968 (c. 59)

             1. 7. In section 1(1)(g) for the words “or of Part III...

          5. The Mines Act (Northern Ireland) 1969 (c. 6)

             1. 8. In section 129— (a) in subsection (2)—

          6. The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)

             1. 9. (1) In Article 41(9) for the words “Article 39” substitute...

          7. The Clean Air (Northern Ireland) Order 1981 (NI 4)

             1. 10. (1) In Article 25(5)— (a) for the words “7 or...

          8. The Quarries (Northern Ireland) Order 1983 (NI 4)

             1. 11. In Article 10— (a) in paragraph (1)—

          9. The Housing (Northern Ireland) Order 1992 (NI 15)

             1. 12. (1) In Article 74(1) for sub-paragraph (b) substitute—

          10. The Radioactive Substances Act 1993 (c. 12)

              1. 13. In Schedule 3— (a) in Part III for paragraph 18...

          11. The Noise Act 1996 (c. 37)

              1. 14. (1) In section 10(7)— (a) for the words “section 81(3)...

          12. The Housing (Northern Ireland) Order 2003 (NI 2)

              1. 15. In Article 142(3)(b) for the words “section 110 of the...

          13. The Private Tenancies (Northern Ireland) Order 2006 (NI 10)

              1. 16. In Article 36(8) for the words “section 110 of the...

    4. SCHEDULE 4

       REPEALS

       1. PART 1 VEHICLES

       2. PART 2 LITTER

       3. PART 3 DOGS

       4. PART 4 NOISE

       5. PART 5 STATUTORY NUISANCES