OpenLegislation

Section 9 Section 8: supplementary.I1C1

England and Wales

(1)

If a form for a fixed penalty notice is specified in an order made by F1the appropriate person, a fixed penalty notice must be in that form.

(2)

If a fixed penalty notice is given to a person in respect of noise emitted from a dwelling in any period specified in a warning notice—

(a)

no further fixed penalty notice may be given to that person in respect of noise emitted from the dwelling during that period, but

(b)

that person may be convicted of a further offence under section 4 in respect of noise emitted from the dwelling after the fixed penalty notice is given and before the end of that period.

F2(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.

F3(3)

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

F4(4)

A local authority may use any sums it receives under section 8 (its “penalty receipts”) only for the purposes of functions of its that are qualifying functions.

(4A)

The following are qualifying functions for the purposes of this section—

(a)

functions under this Act, F5...

(F6aa)

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;

(b)

functions of a description specified in regulations made by F7the appropriate person.

(4B)

Regulations under subsection (4A)(b) may (in particular) have the effect that a local authority may use its penalty receipts for the purposes of any of its functions.

(4C)

A local authority must supply F8the appropriate person with such information relating to the use of its penalty receipts as the appropriate person may require.

(4D)

F9The appropriate person may by regulations—

(a)

make provision for what a local authority is to do with its penalty receipts—

(i)

pending their being used for the purposes of qualifying functions of the authority;

(ii)

if they are not so used before such time after their receipt as may be specified by the regulations;

(b)

make provision for accounting arrangements in respect of a local authority’s penalty receipts.

(4E)

The provision that may be made under subsection (4D)(a)(ii) includes (in particular) provision for the payment of sums to a person (including F10the appropriate person) other than the local authority.

(4F)

Before making regulations under this section, F11the appropriate person must consult—

(a)

the local authorities to which the regulations are to apply, and

(b)

such other persons as the appropriate person considers appropriate.

F12(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.

(5)

In proceedings for an offence under section 4 F13or 4A, evidence that payment of a fixed penalty was or was not made before the end of any period may be given by the production of a certificate which—

(a)

purports to be signed by or on behalf of the person having responsibility for the financial affairs of the local authority, and

(b)

states that payment of a fixed penalty was made on any date or, as the case may be, was not received before the end of that period.

Annotations

Textual amendments

F1

Words in s. 9(1) substituted (E.W.) (6.4.2006 for E., 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 12(2); S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 2(p)

F2

S. 9(2A) inserted (E.W.) (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 12(3); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk)

F3

S. 9(3) repealed (E.W.) (6.4.2006 for E., 18.1.2008 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 5 Pt. 7; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2007/3371, art. 2(c)

F4

S. 9(4)-(4F) substituted for s. 9(4) (E.W.) (31.3.2004 for W., 31.3.2004 for E.) by Anti-social Behaviour Act 2003 (c. 38), ss. 42(5), 93; S.I. 2004/690, art. 3(c); S.I. 2004/999, art. 2(c); S.I. 2004/690, art. 3(c); S.I. 2004/999, art. 2(c)

F5

Word in s. 9(4A)(a) repealed (7.6.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 83(2), 108(4), Sch. 5 Pts. 7

F6

S. 9(4A)(aa)(ab) inserted (7.6.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 83(2), 108(4)

F7

Words in s. 9(4A)(b) substituted (14.3.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 12(4); S.I. 2006/795, art. 2(1), Sch. 1; S.I. 2006/2797, art. 4(kk)

F8

Words in s. 9(4C) substituted (14.3.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 12(4); S.I. 2006/795, art. 2(1), Sch. 1; S.I. 2006/2797, art. 4(kk)

F9

Words in s. 9(4D) substituted (6.4.2006 for E., 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 12(5); S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 2(p)

F10

Words in s. 9(4E) substituted (6.4.2006 for E., 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 12(6); S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 2(p)

F11

Words in s. 9(4F) substituted (6.4.2006 for E., 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 12(6); S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 2(p)

F12

S. 9(4G)(4H) inserted (E.W.) (14.3.2006 for E., 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 83(3), 108(1), (2); S.I. 2006/795, art. 2(1), Sch. 1; S.I. 2006/2797, art. 2(o)

F13

Words in s. 9(5) inserted (E.W.) (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 12(7); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk)

Modifications

C1

S. 9 applied (with modifications) (19.9.2007) by London Local Authorities Act 2007 (c. ii), s. 1(3), Sch. 2 Pt. 2

Commencement

I1

S. 9 wholly in force at 1.9.1997; s. 9 not in force at Royal Assent see s. 14(2); s. 9 in force at 23.7.1997 for England and Wales by S.I. 1997/1695, art. 2 and 1.9.1997 for Northern Ireland by S.R. 1997/366, art. 2