SCHEDULES

SCHEDULE 1Application of the Noise Act 1996 to licensed premises etc

Section 84

1

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

2

In the heading to section 2, omit “from a dwelling”.

3

(1)

Section 2 (investigations of complaints of noise) is amended as follows.

(2)

In subsection (2), after “emitted from” insert “ (a) ” and at the end insert“, or

(b)

any premises in respect of which a premises licence or a temporary event notice has effect (referred to in this group of sections as “the offending premises”)”.

(3)

In subsection (4)(a), after “the offending dwelling” insert “ or the offending premises ”.

(4)

In subsection (7)—

(a)

after “the offending dwelling is” insert “ , or the offending premises are, ”;

(b)

after “if the offending dwelling” insert “ or the offending premises ”.

(5)

After subsection (7) insert—

“(7A)

In this group of sections—

“premises licence” has the same meaning as in the Licensing Act 2003 (c. 17);

“temporary event notice” has the same meaning as in the Licensing Act 2003 (and is to be treated as having effect in accordance with section 171(6) of that Act).”

4

(1)

Section 3 (warning notices) is amended as follows.

(2)

In subsection (1)—

(a)

in paragraph (a)(i), after “offending dwelling” insert “ or the offending premises ”;

(b)

for paragraph (b) substitute—

“(b)

give warning—

(i)

in a case where the complaint is in respect of a dwelling, that any person who is responsible for noise which is emitted from the offending dwelling in the period specified in the notice and which exceeds the permitted level, as measured from within the complainant's dwelling, may be guilty of an offence;

(ii)

in a case where the complaint is in respect of other premises, that the responsible person in relation to the offending premises may be guilty of an offence if noise which exceeds the permitted level, as measured from within the complainant's dwelling, is emitted from the premises in the period specified in the notice.”

(3)

In subsection (3), at the beginning insert “ In a case where the complaint is in respect of a dwelling, ”.

(4)

After subsection (3) insert—

“(3A)

In a case where the complaint is in respect of other premises, a warning notice must be served by delivering it to the person who appears to the officer of the authority to be the responsible person in relation to the offending premises at the time the notice is delivered.”

(5)

After subsection (5) insert—

“(6)

For the purposes of this group of sections, the responsible person in relation to premises at a particular time is—

(a)

where a premises licence has effect in respect of the premises—

(i)

the person who holds the premises licence if he is present at the premises at that time,

(ii)

where that person is not present at the premises at that time, the designated premises supervisor under the licence if he is present at the premises at that time, or

(iii)

where neither of the persons mentioned in sub-paragraphs (i) and (ii) is present at the premises at that time, any other person present at the premises at that time who is in charge of the premises;

(b)

where a temporary event notice has effect in respect of the premises—

(i)

the premises user in relation to that notice if he is present at the premises at that time, or

(ii)

where the premises user is not present at the premises at that time, any other person present at the premises at that time who is in charge of the premises.”

5

In the heading to section 4, after “where noise” insert “ from a dwelling ”.

6

After section 4 insert—

“4AOffence where noise from other premises exceeds permitted level after service of notice

(1)

If—

(a)

a warning notice has been served under section 3 in respect of noise emitted from premises,

(b)

noise is emitted from the premises in the period specified in the notice, and

(c)

the noise exceeds the permitted level, as measured from within the complainant's dwelling,

the responsible person in relation to the offending premises at the time at which the noise referred to in paragraph (c) is emitted is guilty of an offence.

(2)

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

7

(1)

Section 5 (permitted level of noise) is amended as follows.

(2)

In subsection (1)—

(a)

for “the Secretary of State” substitute “ the appropriate person ”;

(b)

after “from any dwelling” insert “ or other premises ”.

(3)

In subsection (4), for “The Secretary of State” substitute “ The appropriate person ”.

8

(1)

Section 6 (approval of measuring devices) is amended as follows.

(2)

In subsection (1), for “the Secretary of State” substitute “ the appropriate person ”.

(3)

In subsection (3), after “section 4” insert “ or 4A ”.

9

(1)

Section 7 (evidence) is amended as follows.

(2)

In subsection (1), after “section 4” insert “ or 4A ”.

(3)

After subsection (3) insert—

“(3A)

In proceedings for an offence under section 4A, evidence that noise, or noise of any kind, measured by a device at any time was noise emitted from any other premises may be given by the production of a document—

(a)

signed by an officer of the local authority, and

(b)

stating that he had identified those premises as the source at that time of the noise or, as the case may be, noise of that kind.”

(4)

In subsection (4), for “or (3)(a)” substitute “ , (3)(a) or (3A)(a) ”.

10

(1)

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

(2)

In subsection (1), after “section 4” insert “ or 4A ”.

(3)

In subsection (2)(b), after “the offending dwelling” insert “ or the offending premises (as the case may be) ”.

11

(1)

Section 8A (amount of fixed penalty), as inserted by section 82 of this Act, is amended as follows.

(2)

In subsection (2), at the beginning insert “ In the case of an offence under section 4 ”.

(3)

After subsection (2) insert—

“(2A)

In the case of an offence under section 4A the amount of the fixed penalty is £500.”

(4)

In subsection (3), after “the fixed penalty” insert “ payable in the case of an offence under section 4 ”.

(5)

In subsection (6), after “(2)(b)” insert “ or (2A) ”.

12

(1)

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

(2)

In subsection (1), for “the Secretary of State” substitute “ the appropriate person ”.

(3)

After subsection (2) insert—

“(2A)

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.”

(4)

In subsections (4A)(b) and (4C), for each occurrence of “the Secretary of State” substitute “ the appropriate person ”.

(5)

In subsection (4D), for “The Secretary of State” substitute “ The appropriate person ”.

(6)

In subsections (4E) and (4F), for each occurrence of “the Secretary of State” substitute “ the appropriate person ”.

(7)

In subsection (5), after “section 4” insert “ or 4A ”.

13

(1)

Section 10 (powers of entry and seizure etc) is amended as follows.

(2)

In subsection (1)—

(a)

in paragraph (a), after “a dwelling” insert “ or other premises ”;

(b)

in paragraph (b), after “the dwelling” insert “ or other premises ”.

(3)

In subsection (2), after “the dwelling” insert “ or other premises ”.

(4)

In subsection (4)—

(a)

in paragraph (a), after “a dwelling” insert “ or other premises ”;

(b)

in paragraph (b), after “the dwelling” insert “ or other premises ”;

(c)

in paragraph (c), after “the dwelling” insert “ or other premises ”;

(d)

after “to enter the” insert “ dwelling or other ”.

(5)

In subsection (5)—

(a)

after “enters any” insert “ dwelling or other ”;

(b)

for the words from “the premises are unoccupied” to the end substitute “ the dwelling is, or the other premises are, unoccupied, must leave it or them as effectively secured against trespassers as he found it or them. ”

14

In the Schedule (powers in relation to seized equipment) in paragraph 1(a)(i), after “section 4” insert “ or q4A ”.

SCHEDULE 2Commission for Architecture and the Built Environment

Section 87

Status

F11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Membership

F12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tenure

F13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff etc

F14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committees

F15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration etc

F16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegation

F17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings

F18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounts

F19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual report

F110

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Instruments and authentication

F111

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Records

12

In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public records), at the appropriate place in Part 2 of the Table at the end of paragraph 3 insert— “ Commission for Architecture and the Built Environment. ”

Disqualification

13

In the House of Commons Disqualification Act 1975 (c. 24), in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate place insert— “ Commission for Architecture and the Built Environment. ”

Transitional provisions

F214

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

F315

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3Transfer of staff, property etc from the old Commission

Section 92

Transfer of staff

F41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of property, rights and liabilities

F43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

So far as is necessary or appropriate in consequence of paragraph 3, on and after the appointed day a reference to the old Commission in an enactment, instrument or other document is to be treated as a reference to the Commission.

Annotations:
Commencement Information

I38Sch. 3 para. 8 in force at 1.1.2006 by S.I. 2005/3439, art. 2

The appointed day

9

The appointed day is the day on which section 92 comes into force.

Annotations:
Commencement Information

I39Sch. 3 para. 9 in force at 1.1.2006 by S.I. 2005/3439, art. 2

SCHEDULE 4Minor and consequential amendments

Section 106

Highways Act 1980 (c. 66)

1

In section 325 of the Highways Act 1980, in subsection (2)(a), after “subsection (2A) below” insert “ or regulations made by the National Assembly for Wales under Part 8A ”.

Environmental Protection Act 1990 (c. 43)

2

The Environmental Protection Act 1990 is amended as follows.

3

(1)

Section 52 is amended as follows.

(2)

After subsection (4) insert—

“(4A)

The Secretary of State may by regulations impose on waste disposal authorities in England a duty to make payments corresponding to the payments which are authorised by subsection (3)(a) above to such persons in such circumstances and in respect of such descriptions or quantities of waste as are specified in the regulations.”

(3)

In subsection (5)—

(a)

after “authorities” insert “ in Wales ”; and

(b)

for “subsection (3)” substitute “ subsection (3)(b) ”.

(4)

In subsection (6), for “subsections (1), (3)” substitute “ subsections (1)(b), (3)(b) ”.

(5)

In subsection (7), for “subsections (2) and (4)” substitute “ subsections (2)(b) and (4)(b) ”.

(6)

In subsection (8), for “subsections (1), (2), (3), (4)” substitute “ subsections (1)(b), (2)(b), (3)(b), (4)(b) ”.

4

In section 60(1)—

(a)

in paragraph (a), for the words from “a waste disposal contractor” to the end substitute “ or under arrangements made with a waste disposal authority or by any other local authority or person ”;

(b)

in paragraph (b), for the words from “a waste disposal contractor” to the end substitute “ or under arrangements made with a waste disposal authority, by a parish or community council or by a holder of a waste management licence; or ”.

5

In section 89(1), at the end of paragraph (e) insert “ and ”.

6

In section 91(1), at the end of paragraph (e) insert “ or ”.

F57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

In section 95(1), after paragraph (b) insert“and

(c)

all orders made by the authority under paragraph 2(1) of Schedule 3A.”

9

In section 96(1)(b), after “section 92(9)” insert “ or 92C(3) ”.

10

(1)

Section 161 is amended as follows.

(2)

In subsection (1) after “Secretary of State” insert “ , National Assembly for Wales ”.

(3)

After subsection (2), insert—

“(2A)

Subsection (2) does not apply to a statutory instrument made solely by the National Assembly for Wales.”

(4)

In subsection (4), at the end insert“or

(c)

which is made solely by the National Assembly for Wales.”

Control of Pollution (Amendment) Act 1989 (c. 14)

11

(1)

Section 8 of the Control of Pollution (Amendment) Act 1989 is amended as follows.

(2)

In subsection (1), after “regulations” insert “ or orders ”.

(3)

After that subsection insert—

“(1A)

The powers of the National Assembly for Wales to make regulations or orders under sections 5 to 5C above are exercisable by statutory instrument.”

(4)

In subsection (2)—

(a)

after “Regulations” insert “ or orders ”;

(b)

in paragraph (a) for “Secretary of State” substitute “ person making the regulations or order ”.

Anti-social Behaviour Act 2003 (c. 38)

12

The Anti-social Behaviour Act 2003 is amended as follows.

F613

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

In section 45, for subsection (1) substitute—

“(1)

The fixed penalty payable in pursuance of a notice under section 43(1) is payable to the local authority whose authorised officer gave the notice.”

15

In section 47(1), after “sections 43” insert “ to 43B ”.

F716

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F717

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F718

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F719

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5Repeals

Section 107

Part 1Vehicles

Short title and chapter

Extent of repeal

Refuse Disposal (Amenity) Act 1978 (c. 3)

In section 3—

  1. (a)

    subsection (5);

  2. (b)

    in subsection (8), the words from “, other than” to “subsection (5) above,”.

In section 4—

  1. (a)

    in subsection (1), the words from “but not earlier” to the end;

  2. (b)

    subsection (2).

Greater London Council (General Powers) Act 1982 (c.i)

Section 5.

Road Traffic Regulation Act 1984 (c. 27)

Section 99(4).

In section 101(3)—

  1. (a)

    in paragraph (a), the words from “and on which” to “at the time of its removal”;

  2. (b)

    the words from “but, in a case” to the end.

London Local Authorities Act 2004 (c. i)

Section 3.

Section 11.

Part 2Litter and refuse

Short title and chapter

Extent of repeal

Environmental Protection Act 1990 (c. 43)

Section 86(12).

Section 89(1)(g) and the preceding “and”.

Section 90.

Section 91(1)(g) and the preceding “or”.

In section 92—

  1. (a)

    subsection (1)(d) and the preceding “or”;

  2. (b)

    subsection (3)(d).

In section 94(3), the words from “but a specified area” to the end.

Section 95(1)(a).

London Local Authorities Act 1994 (c. xii)

Section 4.

City of Newcastle upon Tyne Act 2000 (c. viii)

Sections 21 and 22.

Part 3Graffiti and other defacement

Short title and chapter

Extent of repeal

Town and Country Planning Act 1990 (c. 8)

Section 324(3)(a).

London Local Authorities Act 1995 (c. x)

Section 10.

Anti-social Behaviour Act 2003 (c. 38)

Section 43(10) and (11).

London Local Authorities Act 2004 (c. i)

Section 25.

Part 4Waste

Short title and chapter

Extent of repeal

Control of Pollution (Amendment) Act 1989 (c. 14)

Section 1(4)(c) and the preceding “or”.

In section 2—

  1. (a)

    in subsection (2)(c), the words “free of charge”;

  2. (b)

    subsection (2)(d);

  3. (c)

    in subsection (2)(e), the words “free of charge”;

  4. (d)

    subsection (3)(b);

  5. (e)

    subsection (3A)(a).

Section 6.

Environmental Protection Act 1990 (c. 43)

Section 30(5).

Section 32.

Section 33(7)(b).

In section 48—

  1. (a)

    in subsection (4), the words “with a waste disposal contractor” and “for the contractor”;

  2. (b)

    in subsection (6), the words “, subject to subsection (7) below,”;

  3. (c)

    subsection (7).

In section 51—

  1. (a)

    in subsection (1), the words from “in either case” to the end;

  2. (b)

    subsection (4)(b) to (d);

  3. (c)

    subsections (5) and (6).

In section 55(2)(a) and (b), the words “with waste disposal contractors for them”.

In section 60(2)(a) and (b), the word “, contractor”.

In section 77—

  1. (a)

    in subsection (1), the definitions of “existing disposal authority”, “existing disposal plan”, “relevant part of its undertaking” and “the vesting date”;

  2. (b)

    subsection (4);

  3. (c)

    subsections (6) to (9).

Schedule 2.

Part 5Dog controls

Short title and chapter

Extent of repeal

Dogs (Fouling of Land) Act 1996 (c. 20)

The whole Act.

Police Reform Act 2002 (c. 30)

In Schedule 4, paragraph 1(2)(c).

In Schedule 5, paragraph 1(2)(b).

Part 6Stray dogs

Short title and chapter

Extent of repeal

Dogs Act 1906 (c. 32)

Sections 3 and 4.

Dogs (Amendment) Act 1928 (c. 21)

Section 2.

Local Government Act 1988 (c. 9)

Section 39.

Environmental Protection Act 1990 (c. 43)

In the heading to section 150, the words “police or”.

In section 150—

  1. (a)

    in subsection (1), in paragraph (b), sub-paragraph (ii) and the preceding “or”;

  2. (b)

    in that subsection, the words from “or the police officer” to “as the case may be,”.

In Schedule 15, paragraph 3.

Part 7Noise

Short title and chapter

Extent of repeal

London Local Authorities Act 1991 (c. xiii)

Section 23.

Noise and Statutory Nuisance Act 1993 (c. 40)

Section 9.

Schedule 3.

Noise Act 1996 (c. 37)

In the heading to section 2, the words “from a dwelling”.

Section 8(8).

Section 9(3).

In section 9(4A), the word “and” at the end of paragraph (a).

Part 8Architecture and the built environment

Short title and chapter

Extent of repeal

Environmental Protection Act 1990

In section 153(1), the paragraph (rr) inserted by article 2 of the Financial Assistance for Environmental Purposes (England) Order 2003 (S.I. 2003/714).

Part 9Use of fixed penalty receipts

Short title and chapter

Extent of repeal

Local Government Act 2003 (c. 26)

Section 100(2)(f).

Section 119.

Anti-social Behaviour Act 2003 (c. 38)

Section 45(3) to (9).

Part 10Contaminated land

Short title and chapter

Extent of repeal

Environmental Protection Act 1990 (c. 43)

In section 78L—

  1. (a)

    in subsection (4), paragraph (b) and, in paragraph (c), the words from “or on” to the end;

  2. (b)

    in subsection (6), the words “, so far as relating to appeals to the Secretary of State,”.