Summary procedure for dealing with noise at night
I1E19 Section 8: supplementary.
1
2
If a fixed penalty notice is given to a person in respect of noise emitted from a dwelling in any period specified in a warning notice—
a
no further fixed penalty notice may be given to that person in respect of noise emitted from the dwelling during that period, but
b
that person may be convicted of a further offence under section 4 in respect of noise emitted from the dwelling after the fixed penalty notice is given and before the end of that period.
F122A
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.
3
F9The Secretary of State may from time to time by order amend section 8(8) so as to change the amount of the fixed penalty payable under that section.
F14
Sums received by a local authority under section 8 must be paid to the Secretary of State.
F14
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, F2...
F3aa
functions under Chapter 1 of Part 7 of the Clean Neighbourhoods and Environment Act 2005;
ab
functions under sections 79 to 82 of the Environmental Protection Act 1990 (statutory nuisances) in connection with statutory nuisances falling with section 79(1)(g) or (ga) (noise) of that Act;
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
4D
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
4F
Before making regulations under this section, F7the Secretary of StateF7the appropriate person must consult—
a
the local authorities to which the regulations are to apply, and
F44G
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, to be regarded as included among the powers mentioned in subsection (2) of that section.
4H
Regulations under this section relating to local authorities in England may—
a
make provision in relation to—
i
all local authorities,
ii
particular local authorities, or
iii
particular descriptions of local authority;
b
make different provision in relation to different local authorities or descriptions of local authority.
5
In proceedings for an offence under section 4 F13or 4A, evidence that payment of a fixed penalty was or was not made before the end of any period may be given by the production of a certificate which—
a
purports to be signed by or on behalf of the person having responsibility for the financial affairs of the local authority, and
b
states that payment of a fixed penalty was made on any date or, as the case may be, was not received before the end of that period.