- Latest available (Revised)
- Point in Time (26/01/2009)
- Original (As enacted)
Point in time view as at 26/01/2009.
Clean Neighbourhoods and Environment Act 2005, Cross Heading: Powers in relation to alarms is up to date with all changes known to be in force on or before 28 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)This section applies if an authorised officer of a local authority is satisfied that the conditions in subsection (2) are met in relation to an audible intruder alarm installed in or on premises in the area of the local authority.
(2)The conditions are—
(a)that the alarm has been sounding continuously for more than twenty minutes or intermittently for more than one hour;
(b)that the sounding of the alarm is likely to give persons living or working in the vicinity of the premises reasonable cause for annoyance;
(c)if the premises are in an alarm notification area, that reasonable steps have been taken to get the nominated key-holder to silence the alarm.
(3)The officer may enter the premises for the purpose of silencing the alarm.
(4)The officer may not enter premises by force under this section.
(5)The officer must, if required, show evidence of his authority to act under this section.
(6)In this section—
“authorised officer” means an officer of a local authority who is authorised by the authority (generally or specifically) for the purposes of this section;
“nominated key-holder”, in respect of premises in the area of a local authority, means a person in respect of whom the authority has received notification in accordance with section 71(2)(b).
Commencement Information
I1S. 77 in force at 6.4.2006 for E. by S.I. 2006/795, art. 2(3), Sch. 2
I2S. 77 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(gg)
(1)This section applies if, on an application made by an authorised officer of a local authority, a justice of the peace is satisfied—
(a)that the conditions in section 77(2)(a) and (b) are met in relation to an audible intruder alarm installed in or on premises in the area of the local authority,
(b)if the premises are in an alarm notification area, that the condition in section 77(2)(c) is met, and
(c)that the officer is unable to gain entry to the premises without the use of force.
(2)The justice of the peace may issue a warrant authorising the officer to enter the premises, using reasonable force if necessary, for the purpose of silencing the alarm.
(3)Before applying for a warrant under this section, the officer must leave a notice at the premises stating—
(a)that the officer is satisfied that the sounding of the alarm is likely to give persons living or working in the vicinity of the premises reasonable cause for annoyance, and
(b)that an application is to be made for a warrant authorising the officer to enter the premises, using reasonable force if necessary, for the purpose of silencing the alarm.
(4)The officer must, if required, show evidence of a warrant issued under this section.
(5)“Authorised officer” has the meaning given in section 77.
Commencement Information
I3S. 78 in force at 6.4.2006 for E. by S.I. 2006/795, art. 2(3), Sch. 2
I4S. 78 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(hh)
(1)This section applies where an officer of a local authority enters any premises under section 77 or under a warrant issued under section 78.
(2)The officer may take any steps he thinks necessary for the purpose of silencing the alarm.
(3)The officer may take with him—
(a)such other persons, and
(b)such equipment,
as he thinks necessary for the purpose of silencing the alarm.
(4)The officer and any person who enters the premises with him by virtue of subsection (3) must not cause more damage to or disturbance at the premises than is necessary for the purpose of silencing the alarm.
(5)If the premises are unoccupied or (where the premises are occupied) the occupier of the premises is temporarily absent the officer must—
(a)leave a notice at the premises stating what action has been taken on the premises under this section and section 77 or 78;
(b)leave the premises (so far as is reasonably practicable) as effectively secured against entry as he found them.
(6)But the officer is not required by virtue of subsection (5)(b) to re-set the alarm.
(7)Any expenses reasonably incurred by the local authority in connection with entering the premises, silencing the alarm and complying with subsection (5) may be recovered by the authority from the responsible person.
(8)A warrant under section 78 continues in force until—
(a)the alarm has been silenced, and
(b)the officer has complied with subsection (5) (if that subsection applies).
(9)Nothing done by, or by a member of, a local authority or by an officer of or another person authorised by a local authority, if done in good faith for the purposes of section 77, 78 or this section, is to subject the authority or any of those persons personally to any action, liability, claim or demand.
Commencement Information
I5S. 79 in force at 6.4.2006 for E. by S.I. 2006/795, art. 2(3), Sch. 2
I6S. 79 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(ii)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: