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Clean Neighbourhoods and Environment Act (Northern Ireland) 2011

2011 nia 23 · Enacted 4 May 2011 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2015.

An Act to make provision for the gating of certain minor roads; to make provision in relation to vehicles parked on roads that are exposed for sale or being repaired; to make provision in relation to abandoned vehicles and the removal and disposal of vehicles; to make provision in relation to litter and graffiti, fly-posting and the display of advertisements; to make provision relating to the control of dogs; to make provision in relation to noise; to restate the law on statutory nuisances and improve the summary procedures for dealing with them; to increase the maximum penalty in relation to certain pollution offences; and for connected purposes.

[4th May 2011]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

Contents

  1. Part 1: GATING ORDERS
  2. 1Gating orders
  3. Part 2: VEHICLES
  4. Nuisance parking offences
  5. 2Exposing vehicles for sale on a road
  6. 3Repairing vehicles on a road
  7. Nuisance parking offences: fixed penalty notices
  8. 4Power to give fixed penalty notices
  9. 5Power to require name and address
  10. 6Use of fixed penalty receipts
  11. Abandoned vehicles
  12. 7Offence of abandoning a vehicle: fixed penalty notices
  13. 8Notice of removal of vehicle by district council
  14. 9Disposal of removed vehicle by district council
  15. 10Guidance
  16. Illegally parked vehicles
  17. 11Notice of removal of vehicle
  18. 12Disposal of vehicle by police officer
  19. 13Disposal of vehicle by Department
  20. Part 3: LITTER
  21. Offence of dropping litter
  22. 14Offence of dropping litter in lake, pond or watercourse
  23. 15Penalty for failing to provide name
  24. 16Litter offence: fixed penalty notice
  25. District council notices
  26. 17Litter clearing notices
  27. 18Street litter control notices
  28. 19Street litter: supplementary provisions
  29. 20Failure to comply with notice: fixed penalty notices
  30. Free distribution of printed matter
  31. 21Controls on free distribution of printed matter
  32. Fixed penalty notices: supplementary
  33. 22Fixed penalty notices: supplementary
  34. Exclusion of liability for district councils
  35. 23Exclusion of liability
  36. Shopping and luggage trolleys
  37. 24Abandoned shopping and luggage trolleys
  38. 25Section 24: transitional provision
  39. Part 4: GRAFFITI AND OTHER DEFACEMENT
  40. Penalty notices for graffiti and fly-posting
  41. 26Penalty notices for graffiti and fly-posting
  42. 27Amount of penalty
  43. 28Penalty notices: power to require name and address
  44. 29Penalty receipts
  45. 30Guidance
  46. Removal of graffiti and fly-posters
  47. 31Defacement removal notices
  48. 32Recovery of expenditure
  49. 33Guidance
  50. 34Appeals
  51. 35Exemption from liability in relation to defacement removal notices
  52. 36Removal or obliteration of graffiti, placards and posters
  53. Aerosol paints
  54. 37Sale of aerosol paint to children
  55. Advertisements
  56. 38Unlawful display of advertisements
  57. Supplementary
  58. 39Power of district councils to obtain information
  59. Part 5: DOGS
  60. Dog control orders
  61. 40Power to make dog control orders
  62. 41Dog control orders: supplementary
  63. 42Land to which this Part applies
  64. Fixed penalty notices
  65. 43Fixed penalty notices for contravention of dog control order
  66. 44Amount of fixed penalties
  67. 45Power to require name and address
  68. Supplementary
  69. 46Byelaws
  70. 47Power of district councils to obtain information
  71. Part 6: NOISE
  72. Chapter 1: AUDIBLE INTRUDER ALARMS
  73. Alarm notification areas
  74. 48Designation of alarm notification areas
  75. 49Withdrawal of designation
  76. 50Notification of nominated key-holders
  77. 51Nomination of key-holders
  78. 52Offences under section 50: fixed penalty notices
  79. 53Amount of fixed penalty
  80. 54Use of fixed penalty receipts
  81. 55Fixed penalty notices: power to require name and address
  82. Powers in relation to alarms
  83. 56Power of entry
  84. 57Warrant to enter premises by force
  85. 58Powers of entry: supplementary
  86. Interpretation of Chapter
  87. 59Interpretation of this Chapter
  88. Chapter 2: AMENDMENTS TO THE NOISE ACT 1996
  89. 60Dealing with noise at night
  90. 61Noise offences: fixed penalty notices
  91. 62Extension of Noise Act 1996 to licensed premises etc.
  92. Part 7: STATUTORY NUISANCES
  93. 63Statutory nuisances
  94. 64Duty of district council to inspect for statutory nuisance
  95. 65Summary proceedings for statutory nuisances
  96. 66Abatement notice in respect of noise in the street
  97. 67Supplementary provisions
  98. 68Expenses recoverable from owner to be a charge on premises
  99. 69Payment of expenses by instalments
  100. 70Summary proceedings by persons aggrieved by statutory nuisances
  101. 71Application of this Part to Crown
  102. Part 8: MISCELLANEOUS AND SUPPLEMENTARY
  103. Use of fixed penalty receipts
  104. 72Use of penalty receipts
  105. Increase of penalty for pollution offences
  106. 73Offences relating to pollution etc.: penalties on conviction
  107. Offences by bodies corporate
  108. 74Offences by bodies corporate
  109. Supplementary
  110. 75Regulations and orders
  111. 76Interpretation
  112. 77Minor and consequential amendments and repeals
  113. 78Commencement
  114. 79Short title
  115. Schedule 1: APPLICATION OF THE NOISE ACT 1996 TO LICENSED PREMISES ETC.
  116. 1Paragraph 1
  117. 2Paragraph 2
  118. 3Paragraph 3
  119. 4Paragraph 4
  120. 5Paragraph 5
  121. 6Paragraph 6
  122. 7Paragraph 7
  123. 8Paragraph 8
  124. 9Paragraph 9
  125. 10Paragraph 10
  126. 11Paragraph 11
  127. 12Paragraph 12
  128. 13Paragraph 13
  129. Schedule 2: STATUTORY NUISANCES: SUPPLEMENTARY PROVISIONS
  130. Appeals to a court of summary jurisdiction
  131. 1Paragraph 1
  132. Powers of entry etc.
  133. 2Paragraph 2
  134. 3Paragraph 3
  135. Offences relating to entry
  136. 4Paragraph 4
  137. Default powers
  138. 5Paragraph 5
  139. Protection from personal liability
  140. 6Paragraph 6
  141. Statement of right of appeal in notices
  142. 7Paragraph 7
  143. Schedule 3: MINOR AND CONSEQUENTIAL AMENDMENTS
  144. Part 1: VEHICLES
  145. The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)
  146. 1Paragraph 1
  147. The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)
  148. 2Paragraph 2
  149. Part 2: LITTER
  150. The Litter (Northern Ireland) Order 1994 (NI 10)
  151. 3Paragraph 3
  152. Part 3: STATUTORY NUISANCE
  153. The Housing of the Working Classes Act 1885 (c. 72)
  154. 4Paragraph 4
  155. The Public Health Acts Amendment Act 1907 (c. 53)
  156. 5Paragraph 5
  157. The Office and Shop Premises Act (Northern Ireland) 1966 (c. 26)
  158. 6Paragraph 6
  159. The Hovercraft Act 1968 (c. 59)
  160. 7Paragraph 7
  161. The Mines Act (Northern Ireland) 1969 (c. 6)
  162. 8Paragraph 8
  163. The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)
  164. 9Paragraph 9
  165. The Clean Air (Northern Ireland) Order 1981 (NI 4)
  166. 10Paragraph 10
  167. The Quarries (Northern Ireland) Order 1983 (NI 4)
  168. 11Paragraph 11
  169. The Housing (Northern Ireland) Order 1992 (NI 15)
  170. 12Paragraph 12
  171. The Radioactive Substances Act 1993 (c. 12)
  172. 13Paragraph 13
  173. The Noise Act 1996 (c. 37)
  174. 14Paragraph 14
  175. The Housing (Northern Ireland) Order 2003 (NI 2)
  176. 15Paragraph 15
  177. The Private Tenancies (Northern Ireland) Order 2006 (NI 10)
  178. 16Paragraph 16
  179. Schedule 4: REPEALS
  180. 1VEHICLES
  181. 2LITTER
  182. 3DOGS
  183. 4NOISE
  184. 5STATUTORY NUISANCES