Clean Neighbourhoods and Environment Act 2005

83 Noise offences: use of fixed penalty receipts E+W

(1) Section 9 of the Noise Act 1996 (c. 37) (fixed penalty notices: supplementary) is amended as follows.

(2) In subsection (4A) (qualifying functions for the use of penalty receipts), omit “and” at the end of paragraph (a) and after that paragraph insert—

“(aa) 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;”.

(3) After subsection (4F) insert—

“(4G) 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.”

Commencement Information

I1 S. 83(2) in force at 7.6.2005, see s. 108(4)

I2 S. 83(1)(3) in force at 14.3.2006 for E. by S.I. 2006/795, art. 2(1), Sch. 1

I3 S. 83(1)(3) in force at 27.10.2006 for W. by S.I. 2006/2797, art. 2(o)