Part 7Noise

Chapter 2General

Noise from premises

82Noise offences: fixed penalty notices

1

In section 8 of the Noise Act 1996 (c. 37) (fixed penalty notices), omit subsection (8) (amount of fixed penalty).

2

After that section insert—

8AAmount of fixed penalty

1

This section applies in relation to a fixed penalty payable to a local authority in pursuance of a notice under section 8.

2

The amount of the fixed penalty—

a

is the amount specified by the local authority in relation to the authority's area, or

b

if no amount is so specified, is £100.

3

The local authority may make provision for treating the fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by the authority.

4

The appropriate person may by regulations make provision in connection with the powers conferred on local authorities under subsections (2)(a) and (3).

5

Regulations under subsection (4) may (in particular)—

a

require an amount specified under subsection (2)(a) to fall within a range prescribed in the regulations;

b

restrict the extent to which, and the circumstances in which, a local authority can make provision under subsection (3).

6

The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (2)(b).

8BFixed penalty notices: power to require name and address

1

If an officer of a local authority who is authorised for the purposes of section 8 proposes to give a person a fixed penalty notice, 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.