Clean Neighbourhoods and Environment Act (Northern Ireland) 2011

• (a) that the defacement is neither detrimental to the amenity of the district nor offensive,

• (b) that there is a material defect or error in, or in connection with, the notice,

• (c) that the notice should be served on another person.

• (3) Where an appeal under subsection (1) is brought, the defacement removal notice shall be of no effect pending the final determination or withdrawal of the appeal.

• (4) On the determination of such an appeal, the court of summary jurisdiction must do one of the following—

• (a) quash the notice,

• (b) modify the notice,

• (c) dismiss the appeal.

• (5) Where the court modifies the notice or dismisses the appeal, it may extend the period specified in the notice.

• (6) A person on whom a notice under section 32(2) is served may, within the period of 21 days beginning with the day on which it is served, appeal to a court of summary jurisdiction on the grounds that the expenditure which the district council is proposing to recover is excessive.

• (7) On the determination of an appeal under subsection (6), the court of summary jurisdiction must do either of the following—

• (a) confirm that the amount which the council is proposing to recover is reasonable, or

• (b) substitute a lower amount as the amount which the council is entitled to recover.

Exemption from liability in relation to defacement removal notices

35

• (1) None of the persons mentioned in subsection (2) shall have any liability to any person responsible for the relevant surface for damages or otherwise (whether at common law or otherwise) arising out of anything done or omitted to be done in the exercise or purported exercise of—

• (a) the power under subsection (4) of section 31 (including as provided for in subsection (5) of that section), or

• (b) the power under subsection (7) of that section.

• (2) Those persons are—

• (a) in the case of the power mentioned in subsection (1)(a)—

• (i) the district council and any employee of the council, and

• (ii) any person authorised by the district council under section 31(4) and the employer or any employee of that person, and

• (b) in the case of the power mentioned in subsection (1)(b) the district council and any employee of the council.

• (3) Subsection (1) does not apply—

• (a) if the act or omission is shown to have been in bad faith;

• (b) to liability arising out of a failure to exercise due care and attention;

• (c) so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998 (c. 42).

• (4) This section does not affect any other exemption from liability (whether at common law or otherwise).

• (5) Section 31(10) shall apply for the purposes of this section as it applies for the purposes of that section.

Removal or obliteration of graffiti, placards and posters

36

For Article 18 of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15) (removal of graffiti and fly posters) substitute—

(18) (1) Subject to the following provisions of this Article, a district council may remove or obliterate— (a) any graffiti which, in the opinion of the council, is detrimental to the amenity of any land in its district; (b) any placard or poster which is displayed in its district and which, in the opinion of the council, is so displayed in contravention of regulations under Article 67 of the Planning (Northern Ireland) Order 1991. (2) Where any graffiti, placard or poster to which sub-paragraph (a) or (b) of paragraph (1) applies identifies the person who displayed it or caused it to be displayed, a district council may give that person notice in writing— (a) that the council is of the opinion mentioned in that sub-paragraph in respect of the graffiti, placard or poster specified in the notice; (b) requiring that graffiti, placard or poster to be removed or obliterated within the period of 2 days beginning with the date of service of the notice; and (c) stating the effect of paragraph (3). (3) Where— (a) a district council serves a notice on a person under paragraph (2) in relation to any graffiti, placard or poster, and (b) the person fails to remove or obliterate it within the period mentioned in that paragraph, the council may recover summarily as a civil debt from that person the expenses it may reasonably incur in exercising its power under paragraph (1). (4) Where— (a) any graffiti, placard or poster to which paragraph (1)(a) or (b) applies does not identify the person who displayed it or caused it to be displayed, but (b) the graffiti, placard or poster publicises the goods, services or concerns of an identifiable person, paragraphs (2) and (3) have effect as if the reference in paragraph (2) to the person who displayed the graffiti, placard or poster or caused it to be displayed were a reference to the person whose goods, services or concerns are publicised. (5) For the purpose of exercising any power under paragraph (1) a person authorised in writing by the council for the purposes of this Article may at any reasonable time enter any land if— (a) the land is unoccupied, and (b) it would be impossible to exercise the power without entering the land. (6) Where any damage is caused to land or chattels in the exercise of any power under paragraph (1), compensation may be recovered from the district council exercising the power by any person suffering the damage (other than the person who displayed the graffiti, placard or poster or caused it to be displayed). (7) Any question of disputed compensation shall be referred to and determined by the Lands Tribunal. (8) Nothing in this Article authorises the removal or obliteration of any graffiti, placard or poster displayed— (a) within a building to which there is no public right of access; or (b) on land owned or occupied by a body established by or under a statutory provision. (9) This Article and Article 19 are without prejudice to Article 67 of the Planning (Northern Ireland) Order 1991 (control of advertisements), and to Article 84 of that Order (enforcement of advertisement control), and to any regulations made under that Order by virtue of those Articles.

.

Aerosol paints

Sale of aerosol paint to children

37

• (1) A person who sells an aerosol paint container to a person under the age of 18 commits an offence.

• (2) In subsection (1) “aerosol paint container” means a device which—

• (a) contains paint stored under pressure, and

• (b) is designed to permit the release of the paint as a spray.

• (3) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (4) It is a defence for a person charged with an offence under this section in respect of a sale to prove that—

• (a) that person took all reasonable steps to determine the purchaser's age, and

• (b) that person reasonably believed that the purchaser was not under the age of 18.

• (5) It is a defence for a person charged with an offence under this section in respect of a sale effected by another person to prove that that person (the defendant) took all reasonable steps to avoid the commission of an offence under this section.

• (6) It shall be the duty of a district council—

• (a) to consider, at least once in every period of 12 months, the extent to which it is appropriate for it to carry out a programme of enforcement action in relation to this section, and

• (b) to the extent that it considers it appropriate to do so, carry out such a programme.

• (7) For the purposes of subsection (6), a programme of enforcement action in relation to this section is a programme involving all or any of the following—

• (a) the bringing of prosecutions in respect of offences under this section;

• (b) the investigation of complaints in respect of alleged offences under this section;

• (c) the taking of other measures intended to reduce the incidence of offences under this section.

Advertisements

Unlawful display of advertisements

38

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Article 87 of the Roads (Northern Ireland) Order 1993 (NI 15) (control of advertisements, etc.) is amended in accordance with subsections (5) and (6).

• (5) In paragraph (9) for “that it was displayed without his knowledge or consent” substitute “ either of the matters specified in paragraph (9A) ”.

• (6) After that paragraph insert—

(9A) The matters are that— (a) the advertisement was displayed without his knowledge; or (b) he took all reasonable steps to prevent the display or, after the advertisement had been displayed, to secure its removal.

.

• (7) This section does not have effect in relation to an offence committed, or alleged to have been committed, before the commencement of this section.

Supplementary

Power of district councils to obtain information

39

• (1) Subject to subsection (2), a district council may serve on any person a notice requiring that person to supply to the council, within a period or at times specified in the notice and in a form so specified, any information so specified which the council reasonably considers that it needs for the purposes of any function conferred on the council by this Part.

• (2) Regulations may restrict the information which may be required under subsection (1) and determine the form in which the information is to be so required.

• (3) A person who—

• (a) fails without reasonable excuse to comply with the requirements of a notice served under this section, or

• (b) in supplying any information in compliance with such a notice, makes any statement which that person knows to be false in a material particular or recklessly makes any statement which is false in a material particular,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

PART 5 — DOGS

Dog control orders

Power to make dog control orders

40

• (1) A district council may in accordance with this Part make an order providing for an offence or offences relating to the control of dogs in respect of any land in its district to which this Part applies.

• (2) An order under subsection (1) shall be known as a “dog control order”.

• (3) For the purposes of this Part an offence relates to the control of dogs if it relates to one of the following matters—

• (a) fouling of land by dogs and the removal of dog faeces;

• (b) the keeping of dogs on leads;

• (c) the exclusion of dogs from land;

• (d) the number of dogs which a person may take on to any land.

• (4) An offence provided for in a dog control order must be an offence which is prescribed for the purposes of this section by regulations made by the Department.

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

• (a) specify all or part of the wording to be used in a dog control order for the purpose of providing for any offence;

• (b) permit a dog control order to specify the times at which, or periods during which, an offence is to apply;

• (c) provide for an offence to be defined by reference to failure to comply with the directions of a person of a description specified in the regulations.

• (6) A dog control order may specify the land in respect of which it applies specifically or by description.

• (7) A dog control order may be revoked or amended by the council which made it; but this Part applies in relation to any amendment of a dog control order as if it were the making of a new order.

Dog control orders: supplementary

41

• (1) The Department shall by regulations prescribe the penalties, or maximum penalties, which may be provided for in a dog control order in relation to any offence.

• (2) Regulations under subsection (1) may not in any case permit a dog control order to provide for a penalty other than a fine not exceeding level 3 on the standard scale in relation to any offence.

• (3) The Department shall by regulations prescribe such other requirements relating to the content and form of a dog control order as the Department thinks fit.

• (4) The Department shall by regulations prescribe the procedure to be followed by a district council before and after making a dog control order.

• (5) Regulations under subsection (4) shall in particular include provision as to—

• (a) consultation to be undertaken before a dog control order is made;

• (b) the publicising of a dog control order after it has been made.

Land to which this Part applies

42

• (1) Subject to this section, this Part applies to any land which is open to the air and to which the public are entitled or permitted to have access (with or without payment).

• (2) For the purposes of this section, any land which is covered is to be treated as land which is “open to the air” if it is open to the air on at least one side.

• (3) The Department may by order designate land as land to which this Part does not apply (generally or for such purposes as may be specified in the order).

• (4) Land may be designated under subsection (3) specifically or by description.

• (5) Where a private Act confers powers on a person other than a district council for the regulation of any land, that person may, by notice in writing given to the district council in whose district the land is situated, exclude the application of this Part to that land.

Fixed penalty notices

Fixed penalty notices for contravention of dog control order

43

• (1) This section applies where on any occasion an authorised officer of a district council has reason to believe that a person has committed an offence under a dog control order made by that council.

• (2) The authorised officer may give that person a notice offering that person the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty.

• (3) A fixed penalty payable under this section is payable to the district council whose officer gave the notice.

• (4) Where a person is given a notice under this section in respect of an offence—

• (a) no proceedings may be instituted for that offence before the expiration of the period of 14 days following the date of the notice; and

• (b) that person may not be convicted of that offence if that person pays the fixed penalty before the expiration of that period.

• (5) A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.

• (6) A notice under this section must also state—

• (a) the period during which, by virtue of subsection (4), proceedings will not be taken for the offence;

• (b) the amount of the fixed penalty; and

• (c) the person to whom and the address at which the fixed penalty may be paid.

• (7) Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (6)(c) at the address so mentioned.

• (8) Where a letter is sent in accordance with subsection (7) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

• (9) The form of a notice under this section is to be such as the Department may by order prescribe.

• (10) In any proceedings a certificate which—

• (a) purports to be signed on behalf of the clerk of the council, and

• (b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

• (11) In this section “authorised officer”, in relation to a district council, means—

• (a) an employee of the district council who is authorised in writing by the council for the purpose of giving notices under this section;

• (b) any person who, in pursuance of arrangements made with the council, has the function of giving such notices and is authorised in writing by the council to perform that function; and

• (c) any employee of such a person who is authorised in writing by the council for the purpose of giving such notices.

Amount of fixed penalties

44

• (1) The amount of a fixed penalty payable to a district council in pursuance of a notice under section 43 in respect of an offence under a dog control order—

• (a) is the amount specified by the district council which made the order;

• (b) if no amount is so specified, is £75.

• (2) A district council may under subsection (1)(a) specify different amounts in relation to different offences.

• (3) A district council may make provision for treating a fixed penalty payable to that council in pursuance of a notice under section 43 as having been paid if a lesser amount is paid before the end of a period specified by the council.

• (4) The Department may by regulations make provision in connection with the powers conferred on district councils under subsections (1)(a) and (3).

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

• (a) require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations;

• (b) restrict the extent to which, and the circumstances in which, a district council can make provision under subsection (3).

• (6) The Department may by order substitute a different amount for the amount for the time being specified in subsection (1)(b).

Power to require name and address

45

• (1) If an authorised officer of a district council proposes to give a person a notice under section 43, the officer may require the person to give the officer that person's name and address.

• (2) A person who—

• (a) fails to give that person's name and address when required to do so under subsection (1), or

• (b) gives a false or inaccurate name or address in response to a requirement under that subsection,

commits an offence.

• (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.

• (4) In this section “authorised officer” has the same meaning as in section 43.

Supplementary

Byelaws

46

• (1) Where, apart from this subsection, a district council has at any time power to make a byelaw in relation to any matter specified in any of paragraphs (a) to (d) of section 40(3) as respects any land, it may not make such a byelaw if at that time it has power under this Part to make a dog control order as respects that land in relation to the matter specified in that paragraph.

• (2) Subsection (1) does not affect any byelaw which the district council had power to make at the time it was made.

• (3) Where a dog control order is made in relation to any matter specified in any of paragraphs (a) to (d) of section 40(3) as respects any land, any byelaw previously made by a district council which has the effect of making a person guilty of any offence in relation to the matter specified in that paragraph as respects that land shall cease to have that effect.

• (4) Where any act or omission would, apart from this subsection, constitute an offence under a dog control order and any byelaw, the act or omission shall not constitute an offence under the byelaw.

Power of district councils to obtain information

47

• (1) —(1) Subject to subsection (2), a district council may serve on any person a notice requiring that person to supply to the council, within a period or at times specified in the notice and in a form so specified, any information so specified which the council reasonably considers that it needs for the purposes of any function conferred on the council by this Part.

• (2) Regulations may restrict the information which may be required under subsection (1) and determine the form in which the information is to be so required.

• (3) A person who—

• (a) fails without reasonable excuse to comply with the requirements of a notice served under this section, or

• (b) in supplying any information in compliance with such a notice, makes any statement which that person knows to be false in a material particular or recklessly makes any statement which is false in a material particular,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

PART 6 — NOISE

CHAPTER 1 — AUDIBLE INTRUDER ALARMS

Alarm notification areas

Designation of alarm notification areas

48

• (1) A district council may designate all or any part of its district as an alarm notification area.

• (2) If a district council proposes to designate an area as an alarm notification area it must arrange for notice of the proposal to be published in a newspaper circulating in the area.

• (3) The notice must state—

• (a) that representations may be made to the council about the proposal;

• (b) that any such representations must be made before a specified date.

• (4) The specified date must be at least 28 days after the date on which the notice is published in accordance with subsection (2).

• (5) The district council must consider any representations about the proposal which it receives before the specified date.

• (6) If a district council decides to designate an area as an alarm notification area it must—

• (a) arrange for notice of the decision to be published in a newspaper circulating in the area, and

• (b) send a copy of the notice to the address of all premises in the area.

• (7) The notice must specify the date on which the designation is to have effect.

• (8) The date specified must be at least 28 days after the date on which the notice is published in accordance with subsection (6)(a).

• (9) If a district council decides not to designate an area as an alarm notification area it must arrange for notice of the decision to be published in a newspaper circulating in the area.

Withdrawal of designation

49

• (1) A district council which has designated an area as an alarm notification area may withdraw the designation.

• (2) If a district council decides to withdraw a designation of an area as an alarm notification area, it must—

• (a) arrange for notice of the decision to be published in a newspaper circulating in the area, and

• (b) send a copy of the notice to the addresses of all premises in the area.

• (3) The notice must specify the date on which the withdrawal of the designation is to have effect.

Notification of nominated key-holders

50

• (1) This section and section 51 apply in relation to premises if—

• (a) the premises are in an area designated by a district council as an alarm notification area, and

• (b) an audible intruder alarm has been installed in or on the premises.

• (2) The responsible person must—

• (a) nominate a key-holder in respect of the premises in accordance with section 51;

• (b) notify the council in writing before the end of the required period of the name, address and telephone number of the key-holder nominated in respect of the premises in accordance with that section.

• (3) The required period for the purposes of subsection (2)(b) is the period before the end of which the key-holder is required to be nominated in accordance with section 51.

• (4) A person who fails to comply with a requirement of subsection (2) commits an offence.

• (5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Nomination of key-holders

51

• (1) The responsible person must before the end of the required period nominate a person as a key-holder in respect of the premises.

• (2) The required period for the purposes of subsection (1) is—

• (a) if the alarm was installed before the date on which the designation of the area had effect, the period of 28 days starting with that date;

• (b) if the alarm was installed on or after that date, the period of 28 days starting with the date on which the installation was completed.

• (3) A person may be nominated as a key-holder in respect of premises under this section only if—

• (a) that person holds keys sufficient to enable access to be gained to the part of the premises in which the controls for the alarm are situated;

• (b) that person normally resides or is situated in the vicinity of the premises;

• (c) that person has information sufficient to enable the alarm to be silenced;

• (d) that person agrees to be a nominated key-holder in respect of the premises;

• (e) where the premises are residential premises, that person falls within subsection (4);

• (f) where the premises are non-residential premises, that person falls within subsection (5).

• (4) A person falls within this subsection if that person is—

• (a) an individual who is not the occupier of the premises, or

• (b) a key-holding company.

• (5) A person falls within this subsection if that person is—

• (a) an individual who—

• (i) is the responsible person, or

• (ii) is acting on behalf of the responsible person, if the responsible person is not an individual, or

• (b) a key-holding company.

• (6) If the responsible person becomes aware that a person who has been nominated as a key-holder in respect of premises under this section no longer satisfies one or more of the requirements in subsection (3), the responsible person must before the end of the required period nominate another person as a key-holder in respect of the premises.

• (7) The required period for the purposes of subsection (6) is the period of 28 days starting with the date on which the responsible person becomes aware of that fact.

• (8) In this section—

• “key-holding company” means a body corporate or an unincorporated association—the business of which consists of or includes holding keys, andwhich is capable of being contacted at any hour of the day;

• “non-residential premises” means premises which are not residential premises;

• “residential premises” means premises all or part of which comprise a dwelling.

Offences under section 50: fixed penalty notices

52

• (1) This section applies if it appears to an authorised officer of a district council that a person has committed an offence under section 50(4) in the district of the district council.

• (2) The officer may give the person a notice offering the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty.

• (3) If a person is given a notice under this section in respect of an offence—

• (a) no proceedings may be instituted for the offence before the end of the period of 14 days starting with the day after that on which the notice is given, and

• (b) that person may not be convicted of the offence if that person pays the fixed penalty before the end of that period.

• (4) A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.

• (5) A notice under this section must also state—

• (a) the period during which, by virtue of subsection (3), proceedings will not be taken for the offence,

• (b) the amount of the fixed penalty, and

• (c) the person to whom and the address at which the fixed penalty may be paid.

• (6) Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (5)(c) at the address so mentioned.

• (7) If a letter is sent in accordance with subsection (6) payment is to be regarded as having been made at the time at which the letter would be delivered in the ordinary course of post.

• (8) In any proceedings a certificate which—

• (a) purports to be signed by or on behalf of the clerk of the council, and

• (b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

• (9) The form of a notice under this section is to be such as the Department may by order prescribe.

• (10) In this section “authorised officer”, in relation to a district council, means—

• (a) an employee of the council who is authorised in writing by the council for the purpose of giving notices under this section;

• (b) any person who, in pursuance of arrangements made with the council, has the function of giving such notices and is authorised in writing by the council to perform that function;

• (c) any employee of such a person who is authorised in writing by the council for the purpose of giving such notices.

Amount of fixed penalty

53

• (1) This section applies in relation to a penalty payable to a district council in pursuance of a notice under section 52.

• (2) The amount of the penalty is—

• (a) the amount specified by the district council in relation to its district, or

• (b) if no amount is so specified, £75.

• (3) The district council may make provision for treating the penalty as having been paid if a lesser amount is paid before the end of a period specified by the council.

• (4) The Department may by regulations make provision in connection with the powers conferred on district councils 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 council can make provision under subsection (3).

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

Use of fixed penalty receipts

54

• (1) A district council may use any sums it receives in respect of fixed penalties payable in pursuance of notices given under section 52 (its “penalty receipts”) only for the purposes of functions of the council that are qualifying functions.

• (2) The following are qualifying functions for the purposes of this section—

• (a) functions under this Chapter;

• (b) functions under the Noise Act 1996 (c. 37);

• (c) functions under section 63 to 70 (statutory nuisances), in connection with statutory nuisances falling with section 63(1)(i) or (j) (noise);

• (d) functions of a description specified in regulations made by the Department.

• (3) Regulations under subsection (2)(d) may (in particular) have the effect that a district council may use its penalty receipts for the purposes of any of its functions.

• (4) A district council must supply the Department with such information relating to the use of its penalty receipts as the Department may require.

• (5) The Department may by regulations—

• (a) make provision for what a council is to do with its penalty receipts—

• (i) pending their being used for the purposes of qualifying functions of the council;

• (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 council's penalty receipts.

• (6) The provision that may be made under subsection (5)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the Department) other than the district council.

• (7) Before making regulations under this section the Department must consult—

• (a) district councils, and

• (b) such other persons as the Department thinks fit.

Fixed penalty notices: power to require name and address

55

• (1) If an authorised officer of a district council proposes to give a person a notice under section 52, the officer may require the person to give the officer the person's name and address.

• (2) A person commits an offence if—

• (a) that person fails to give that person's name and address when required to do so under subsection (1), or

• (b) that person 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.

• (4) “Authorised officer” has the meaning given in section 52.

Powers in relation to alarms

Power of entry

56

• (1) This section applies if an authorised officer of a district council is satisfied that the conditions in subsection (2) are met in relation to an audible intruder alarm installed in or on premises in the district of the district council.

• (2) The conditions are—

• (a) that the alarm has been sounding continuously for more than 20 minutes or intermittently for more than one hour;

• (b) that the sounding of the alarm is likely to give persons living or working in the vicinity of the premises reasonable cause for annoyance;

• (c) if the premises are in an alarm notification area, that reasonable steps have been taken to get the nominated key-holder to silence the alarm.

• (3) The officer may enter the premises for the purpose of silencing the alarm.

• (4) The officer may not enter premises by force under this section.

• (5) The officer must, if required, show evidence of the officer's authority to act under this section.

• (6) In this section—

• “authorised officer” means an officer of a district council who is authorised by the council (generally or specifically) for the purposes of this section;

• “nominated key-holder”, in respect of premises in the district of a district council, means a person in respect of whom the council has received notification in accordance with section 50(2)(b).

Warrant to enter premises by force

57

• (1) This section applies if, on an application made by an authorised officer of a district council, a lay magistrate is satisfied—

• (a) that the conditions in section 56(2)(a) and (b) are met in relation to an audible intruder alarm installed in or on premises in the district of the district council,

• (b) if the premises are in an alarm notification area, that the condition in section 56(2)(c) is met, and

• (c) that the officer is unable to gain entry to the premises without the use of force.

• (2) The lay magistrate may issue a warrant authorising the officer to enter the premises, using reasonable force if necessary, for the purpose of silencing the alarm.

• (3) Before applying for a warrant under this section, the officer must leave a notice at the premises stating—

• (a) that the officer is satisfied that the sounding of the alarm is likely to give persons living or working in the vicinity of the premises reasonable cause for annoyance, and

• (b) that an application is to be made for a warrant authorising the officer to enter the premises, using reasonable force if necessary, for the purpose of silencing the alarm.

• (4) The officer must, if required, show evidence of a warrant issued under this section.

• (5) “Authorised officer” has the meaning given in section 56.

Powers of entry: supplementary

58

• (1) This section applies where an officer of a district council enters any premises under section 56 or under a warrant issued under section 57.

• (2) The officer may take any steps the officer thinks necessary for the purpose of silencing the alarm.

• (3) The officer may take to the premises—

• (a) such other persons, and

• (b) such equipment,

as the officer thinks necessary for the purpose of silencing the alarm.

• (4) The officer and any person who enters the premises by virtue of subsection (3) must not cause more damage to or disturbance at the premises than is necessary for the purpose of silencing the alarm.

• (5) If the premises are unoccupied or (where the premises are occupied) the occupier of the premises is temporarily absent the officer must—

• (a) leave a notice at the premises stating what action has been taken on the premises under this section and section 56 or 57;

• (b) leave the premises (so far as is reasonably practicable) as effectively secured against entry as the officer found them.

• (6) But the officer is not required by virtue of subsection (5)(b) to re-set the alarm.

• (7) Any expenses reasonably incurred by the district council in connection with entering the premises, silencing the alarm and complying with subsection (5) may be recovered by the council from the responsible person.

• (8) A warrant under section 57 continues in force until—

• (a) the alarm has been silenced, and

• (b) the officer has complied with subsection (5) (if that subsection applies).

• (9) Nothing done by, or by a member of, a district council or by an officer of or another person authorised by a district council, if done in good faith for the purposes of section 56 or 57 or this section, is to subject the council or any of those persons personally to any action, liability, claim or demand.

• (10) Subsection (9) does not apply so as to prevent an award of damages in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998 (c. 42).

Interpretation of Chapter

Interpretation of this Chapter

59

• (1) In this Chapter—

• “alarm notification area” means an area in respect of which a designation under section 48 has effect;

• “the occupier” in respect of premises means (subject to subsection (2))—a person occupying the premises, orif the premises are unoccupied, a person entitled to occupy the premises (other than the owner);

• “premises” does not include a vehicle;

• “the responsible person” in respect of premises means—the occupier, orif there is no occupier, the owner.

• (2) The fact that a person is occupying premises is to be disregarded for the purposes of this Chapter if—

• (a) the premises comprise a building that is being erected, constructed, altered, improved, maintained, cleaned or repaired,

• (b) the person is occupying the premises in connection with the erection, construction, alteration, improvement, maintenance, cleaning or repair, and

• (c) the person is doing so by virtue of a licence granted for less than 4 weeks.

CHAPTER 2 — AMENDMENTS TO THE NOISE ACT 1996

Dealing with noise at night

60

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

• (2) For section 1 (adoption of provisions by district councils or by order of the Department) substitute—

(1) Sections 2 to 9 apply to the district of every district council.

.

• (3) For section 2(1) (district council under duty to investigate complaint of noise from dwelling at night) substitute—

(1) A district council may, if it receives a complaint of the kind mentioned in subsection (2), arrange for an officer of the council to take reasonable steps to investigate the complaint.

.

• (4) In section 2(7) (power of district council to act in relation to dwelling within district of another council), omit the words from “and accordingly” to the end.

Noise offences: fixed penalty notices

61

• (1) In section 8 of the Noise Act 1996, omit subsection (8) (amount of fixed penalty).

• (2) After that section insert—

(8A) (1) This section applies in relation to a fixed penalty payable to a district council in pursuance of a notice under section 8. (2) In the case of an offence under section 4 the amount of the fixed penalty— (a) is the amount specified by the district council in relation to the council's district, or (b) if no amount is so specified, is £100. (3) In the case of an offence under section 4A the amount of the fixed penalty is £500. (4) A district council may make provision for treating the fixed penalty payable in the case of an offence under section 4 as having been paid if a lesser amount is paid before the end of a period specified by the council. (5) The Department may by regulations make provision in connection with the powers conferred on district councils under subsections (2)(a) and (4). (6) Regulations under subsection (5) 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 district council can make provision under subsection (4). (7) The Department may by order substitute a different amount for the amount for the time being specified in subsection (2)(b) or (3). (8B) (1) If an officer of a district council 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.

.

• (3) In section 9 of the Noise Act 1996 (c. 37) (section 8: supplementary), for subsection (4) substitute—

(4) A district council may use any sums it receives under section 8 (its “penalty receipts”) only for the purposes of functions of the council that are qualifying functions. (4A) The following are qualifying functions for the purposes of this section— (a) functions under this Act; (b) functions under Chapter 1 of Part 6 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011; (c) functions under section 63 to 70 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (statutory nuisances), in connection with statutory nuisances falling with section 63(1)(i) or (j) (noise) of that Act; (d) functions of a description specified in regulations made by the Department. (4B) Regulations under subsection (4A)(d) may (in particular) have the effect that a district council may use its penalty receipts for the purposes of any of its functions. (4C) A district council must supply the Department with such information relating to the use of its penalty receipts as the Department may require. (4D) The Department may by regulations— (a) make provision for what a district council is to do with its penalty receipts— (i) pending their being used for the purposes of qualifying functions of the council; (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 district council'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 the Department) other than the district council. (4F) Before making regulations under this section, the Department must consult— (a) district councils, and (b) such other persons as the Department considers appropriate.

.

• (4) In section 11 of the Noise Act 1996 (c. 37) (interpretation and subordinate legislation)—

• (a) in subsection (3) after the word “orders”, in both places where it occurs, insert “ or regulations ” and after “section” insert “ 8A(7) or ”;

• (b) after subsection (3) insert—

(4) An order under section 8A(7) shall not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.

.

Extension of Noise Act 1996 to licensed premises etc.

62

Schedule 1 (which makes provision amending the Noise Act 1996 so that it applies to licensed premises etc.) has effect.

PART 7 — STATUTORY NUISANCES

Statutory nuisances

63

• (1) Subject to subsections (2) to (9), the following matters constitute “statutory nuisances” for the purposes of this Part, that is to say—

• (a) any premises in such a state as to be prejudicial to health or a nuisance;

• (b) smoke emitted from premises so as to be prejudicial to health or a nuisance;

• (c) fumes or gases emitted from premises so as to be prejudicial to health or a nuisance;

• (d) any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance;

• (e) any accumulation or deposit which is prejudicial to health or a nuisance;

• (f) any animal kept in such a place or manner as to be prejudicial to health or a nuisance;

• (g) any insects emanating from relevant industrial, trade or business premises and being prejudicial to health or a nuisance;

• (h) artificial light emitted from premises so as to be prejudicial to health or a nuisance;

• (i) noise emitted from premises so as to be prejudicial to health or a nuisance;

• (j) noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street;

• (k) any lake, watercourse, privy, urinal, cesspool, drain or ashpit which is so foul or in such a state as to be prejudicial to health or a nuisance;

• (l) any part of a watercourse, not being a part ordinarily navigated by vessels employed in the carriage of goods by water, which is so choked or silted up as to obstruct or impede the proper flow of water and thereby to cause a nuisance, or give rise to conditions prejudicial to health;

• (m) any private dwelling so overcrowded as to be prejudicial to the health of those living there or a nuisance;

• (n) any other matter declared by any statutory provision to be a statutory nuisance.

• (2) Subsections (1)(b), (h) and (i) do not apply in relation to premises—

• (a) occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or

• (b) occupied by or for the purposes of a visiting force.

• (3) Subsection (1)(b) does not apply to—

• (a) smoke emitted from a chimney of a private dwelling within a smoke control area,

• (b) dark smoke emitted from a chimney of a building or a chimney serving the furnace of a boiler or industrial plant attached to a building or for the time being fixed to or installed on any land,

• (c) smoke emitted from a railway locomotive steam engine, or

• (d) dark smoke emitted otherwise than as mentioned above from industrial or trade premises.

• (4) Subsection (1)(c) does not apply in relation to premises other than private dwellings.

• (5) Subsection (1)(d) does not apply to steam emitted from a railway locomotive engine.

• (6) Subsection (1)(g) does not apply to insects that are wild animals included in Schedule 5 to the Wildlife (Northern Ireland) Order 1985 (NI 2) (animals which are protected at all times).

• (7) Subsection (1)(h) does not apply to artificial light emitted from—

• (a) an airport;

• (b) harbour premises;

• (c) railway premises;

• (d) a bus station;

• (e) a public service vehicle operating centre;

• (f) a goods vehicle operating centre;

• (g) a lighthouse;

• (h) a prison.

• (8) Subsection (1)(i) does not apply to noise caused by aircraft other than model aircraft.

• (9) Subsection (1)(j) does not apply to noise made—

• (a) by traffic,

• (b) by any naval, military or air force of the Crown or by a visiting force, or

• (c) by a political demonstration or a demonstration supporting or opposing a cause or campaign.

• (10) In this Part—

• “airport” has the meaning given by Article 2 of the Airports (Northern Ireland) Order 1994 (NI 1);

• “bus station” has the same meaning as in Article 2(2) of the Licensing (Northern Ireland) Order 1996 (NI 22);

• “chimney” includes structures and openings of any kind from or through which smoke may be emitted;

• “dust” does not include dust emitted from a chimney as an ingredient of smoke;

• “equipment” includes a musical instrument;

• “fumes” means any airborne solid matter smaller than dust;

• “gas” includes vapour and moisture precipitated from vapour;

• “goods vehicle operating centre” means an operating centre within the meaning given by section 6(3) of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2);

• “harbour premises” means premises which form part of a harbour area and which are occupied wholly or mainly for the purposes of harbour operations, and for the purposes of this definition “harbour area” and “harbour operations” have the same meaning as in Part 3 of the Aviation and Maritime Security Act 1990 (c. 31);

• “industrial, trade or business premises” means premises used for any industrial, trade or business purposes or premises not so used on which matter is burnt in connection with any industrial, trade or business process, and premises are used for industrial purposes where they are used for the purposes of any treatment or process as well as where they are used for the purposes of manufacturing;

• “lake” includes any pool, pond, or reservoir of any description;

• “lighthouse” has the same meaning as in Part 8 of the Merchant Shipping Act 1995 (c. 21);

• “noise” includes vibration;

• “owner”, in relation to any premises consisting of land, means a person (other than a mortgagee not in possession) who, whether in that person's own right or as agent or trustee for any other person, is entitled to receive the rack rent of the premises or, where the premises are not let at a rack rent, would be so entitled if they were so let;

• “person responsible”—in relation to a statutory nuisance, means the person to whose act, default or sufferance the nuisance is attributable;in relation to a vehicle, includes the person in whose name the vehicle is for the time being registered under the Vehicle Excise and Registration Act 1994 (c. 22) and any other person who is for the time being the driver of the vehicle;in relation to machinery or equipment, includes any person who is for the time being the operator of the machinery or equipment;

• “prejudicial to health” means injurious, or likely to cause injury, to health;

• “premises” includes land and, subject to subsection (16) and section 68(9), any vessel;

• “prison” includes—a young offenders centre within the meaning of section 33 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29);a juvenile justice centre within the meaning of Article 51(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9);

• “private dwelling” means any building, or part of a building, used or intended to be used as a dwelling;

• “public service vehicle operating centre” means a place at which public service vehicles are normally kept for the purposes of a business and for the purposes of this definition “public service vehicle” has the same meaning as in Article 2(2) of the Road Traffic (Northern Ireland) Order 1981 (NI 1);

• “railway premises” means any land occupied by the railway undertaking within the meaning of section 55 of the Transport Act (Northern Ireland) 1967 (c. 37);

• “smoke” includes soot, ash, grit and gritty particles emitted in smoke;

• “street” means a street within the meaning of Article 3 of the Street Works (Northern Ireland) Order 1995 (NI 19);

• “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952 (c. 67);

• “watercourse” has the same meaning as in the Drainage (Northern Ireland) Order 1973 (NI 1);

and any expressions used in this section and in the Clean Air (Northern Ireland) Order 1981 (NI 4) (except for “owner”) have the same meaning in this section as in that Order and Article 2(3) of that Order shall apply for the interpretation of the expression “dark smoke” and the operation of this Part in relation to it.

• (11) In this Part “relevant industrial, trade or business premises” means premises that are industrial, trade or business premises as defined in subsection (10), but excluding—

• (a) land used as arable, grazing, meadow or pasture land,

• (b) land used as osier land, reed beds or woodland,

• (c) land used for market gardens, nursery grounds or orchards,

• (d) land forming part of an agricultural unit, not being land falling within any of paragraphs (a) to (c), where the land is of a description prescribed by regulations made by the Department,

• (e) land included in an area of special scientific interest in relation to which a declaration under Article 28(1) of the Environment (Northern Ireland) Order 2002 (NI 7) has effect, and

• (f) any land covered by, and the waters of, any watercourse or lake.

• (12) For the purposes of subsection (11)—

• “agricultural” has the same meaning as in section 43(1) of the Agriculture Act (Northern Ireland) 1949 (c. 2);

• “agricultural unit” means land which is occupied as a unit for agricultural purposes.

• (13) In this Part “best practicable means” is to be interpreted by reference to the following provisions—

• (a) “practicable” means reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications;

• (b) the means to be employed include the design, installation, maintenance and manner and periods of operation of plant and machinery, and the design, construction and maintenance of buildings and structures;

• (c) the test is to apply only so far as compatible with any duty imposed by law;

• (d) the test is to apply only so far as compatible with safety and safe working conditions, and with the exigencies of any emergency or unforeseeable circumstances;

and, in circumstances where a code of practice under Article 51 of the Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19) (codes of practice for minimising noise) is applicable, regard shall also be had to guidance given in it.

• (14) A district council shall not without the consent of the Department institute summary proceedings under this Part in respect of a nuisance falling within paragraphs (b), (d), (e), (h) or (i) of subsection (1) if proceedings in respect thereof might be instituted under—

• (a) regulations under Article 4 of the Environment (Northern Ireland) Order 2002 (NI 7); or

• (b) the Industrial Pollution Control (Northern Ireland) Order 1997 (NI 18).

• (15) The district of a district council which includes part of the seashore shall also include for the purposes of this Part the territorial sea lying seawards from that part of the shore; and subject to subsection (16) and section 68(9), this Part shall have effect, in relation to any area included in the district of a district council by virtue of this subsection—

• (a) as if references to premises and the occupier of premises included respectively a vessel and the master of a vessel; and

• (b) with such other modifications, if any, as are prescribed in regulations made by the Department.

• (16) A vessel powered by steam reciprocating machinery is not a vessel to which this Part applies.

Duty of district council to inspect for statutory nuisance

64

It shall be the duty of every district council—

• (a) to cause its district to be inspected from time to time to detect any statutory nuisances which ought to be dealt with under section 65 or 66, and

• (b) where a complaint of a statutory nuisance is made to it by a person living within its district, to take such steps as are reasonably practicable to investigate the complaint.

Summary proceedings for statutory nuisances

65

• (1) Subject to subsection (3) where a district council is satisfied that a statutory nuisance exists, or is likely to occur or recur, in the district of the council, the district council shall serve a notice (“an abatement notice”) imposing all or any of the following requirements—

• (a) requiring the abatement of the nuisance or prohibiting or restricting its occurrence or recurrence,

• (b) requiring the execution of such works, and the taking of such other steps, as may be necessary for any of those purposes,

and the notice shall specify the time or times within which the requirements of the notice are to be complied with.

• (2) Subject to section 66(1), the abatement notice shall be served—

• (a) except in a case falling within paragraph (b) or (c), on the person responsible for the nuisance;

• (b) where the nuisance arises from any defect of a structural character, on the owner of the premises;

• (c) where the person responsible for the nuisance cannot be found or the nuisance has not yet occurred, on the owner or occupier of the premises.

• (3) Where a district council is satisfied that a statutory nuisance falling within paragraph (i) of section 63(1) exists, or is likely to occur or recur, in the district of the council, the council shall—

• (a) serve an abatement notice in respect of the nuisance in accordance with subsections (1) and (2); or

• (b) take such other steps as it thinks appropriate for the purpose of persuading the appropriate person to abate the nuisance or prohibit or restrict its occurrence or recurrence.

• (4) If a district council has taken steps under subsection (3)(b) and either of the conditions in subsection (5) is satisfied, the council shall serve an abatement notice in respect of the nuisance.

• (5) The conditions are—

• (a) that the district council is satisfied at any time before the end of the relevant period that the steps taken will not be successful in persuading the appropriate person to abate the nuisance or prohibit or restrict its occurrence or recurrence;

• (b) that the council is satisfied at the end of the relevant period that the nuisance continues to exist, or continues to be likely to occur or recur, in the district of the council.

• (6) The relevant period is the period of 7 days starting with the day on which the council was first satisfied that the nuisance existed, or was likely to occur or recur.

• (7) The appropriate person is the person on whom the council would otherwise be required under subsection (3)(a) to serve an abatement notice in respect of the nuisance.

• (8) A person served with an abatement notice may appeal against the notice to a court of summary jurisdiction within the period of 21 days beginning with the date on which the notice was served.

• (9) A person on whom an abatement notice is served who without reasonable excuse contravenes or fails to comply with any requirement or prohibition imposed by the notice shall be guilty of an offence.

• (10) Except in a case falling within subsection (11), a person who commits an offence under subsection (9) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale together with a further fine of an amount equal to one-tenth of that level for each day on which the offence continues after the conviction.

• (11) A person who commits an offence under subsection (9) on industrial, trade or business premises shall be liable on summary conviction to a fine not exceeding £20,000.

• (12) Subject to subsection (13), in any proceedings for an offence under paragraph (9) in respect of a statutory nuisance it shall be a defence to prove that the best practicable means were used to prevent, or to counteract the effects of, the nuisance.

• (13) The defence under subsection (12) is not available—

• (a) in the case of a nuisance falling within paragraph (a), (d), (e), (f), (g) or (i) of section 63(1) except where the nuisance arises on industrial, trade or business premises;

• (b) in the case of a nuisance falling within paragraph (h) of section 63(1) except where—

• (i) the artificial light is emitted from industrial, trade or business premises; or

• (ii) the artificial light (not being light to which sub-paragraph (i) applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility;

• (c) in the case of a nuisance falling within paragraph (j) of section 63(1) except where the noise is emitted from or caused by a vehicle, machinery or equipment being used for industrial, trade or business purposes;

• (d) in the case of a nuisance falling within paragraph (b) of section 63(1) except where the smoke is emitted from a chimney; and

• (e) in the case of a nuisance falling within paragraph (c) or (n) of section 63(1).

• (14) For the purposes of subsection (13)(b) a relevant sports facility is an area, with or without structures, that is used when participating in a relevant sport, but does not include such an area comprised in domestic premises.

• (15) For the purposes of subsection (14) “relevant sport” means a sport that is designated for those purposes by order made by the Department, and a sport may be so designated by reference to its appearing in a list maintained by a body specified in the order.

• (16) In subsection (14) “domestic premises” means—

• (a) premises used wholly or mainly as a private dwelling, or

• (b) land or other premises belonging to, or enjoyed with, premises so used.

• (17) In proceedings for an offence under subsection (9) in respect of a statutory nuisance falling within paragraph (i) or (j) of section 63(1) where the offence consists in contravening requirements imposed by virtue of subsection (1)(a) it shall be a defence to prove—

• (a) that the alleged offence was covered by a notice served under Article 40 or a consent given under Article 41 or 45 of the Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19) (construction sites, etc.); or

• (b) where the alleged offence was committed at a time when the premises were subject to a notice under Article 46 of that Order (reduction of noise levels), that the level of noise emitted from the premises at that time was not such as to a constitute a contravention of the notice under that Article; or

• (c) where the alleged offence was committed at a time when the premises were not subject to a notice under Article 46 of that Order, and when a level fixed under Article 47 of that Order (new buildings liable to abatement order), applied to the premises, that the level of noise emitted from the premises at that time did not exceed that level.

• (18) Paragraphs (b) and (c) of subsection (17) apply whether or not the relevant notice was subject to appeal at the time when the offence was alleged to have been committed.

Abatement notice in respect of noise in the street

66

• (1) In the case of a statutory nuisance within section 63(1)(j) that—

• (a) has not yet occurred, or

• (b) arises from noise emitted from or caused by an unattended vehicle or unattended machinery or equipment,

the abatement notice shall be served in accordance with subsection (2).

• (2) The notice shall be served—

• (a) where the person responsible for the vehicle, machinery or equipment can be found, on that person;

• (b) where that person cannot be found or where the district council determines that this paragraph should apply, by fixing the notice to the vehicle, machinery or equipment.

• (3) Where—

• (a) an abatement notice is served in accordance with subsection (2)(b) by virtue of a determination of the district council, and

• (b) the person responsible for the vehicle, machinery or equipment can be found and served with a copy of the notice within an hour of the notice being fixed to the vehicle, machinery or equipment,

a copy of the notice shall be served on that person accordingly.

• (4) Where an abatement notice is served in accordance with subsection (2)(b) by virtue of a determination of the district council, the notice shall state that, if a copy of the notice is subsequently served under subsection (3), the time specified in the notice as the time within which its requirements are to be complied with is extended by such further period as is specified in the notice.

• (5) Where an abatement notice is served in accordance with subsection (2)(b), the person responsible for the vehicle, machinery or equipment may appeal against the notice under section 65(8) as if that person had been served with the notice on the date on which it was fixed to the vehicle, machinery or equipment.

• (6) Section 65(9) shall apply in relation to a person on whom a copy of an abatement notice is served under subsection (3) as if the copy were the notice itself.

• (7) A person who removes or interferes with a notice fixed to a vehicle, machinery or equipment in accordance with subsection (2)(b) shall be guilty of an offence, unless that person is the person responsible for the vehicle, machinery or equipment or does so with the authority of that person.

• (8) A person who commits an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Supplementary provisions

67

• (1) Subject to subsection (2), where more than one person is responsible for a statutory nuisance section 65 shall apply to each of those persons whether or not what any one of them is responsible for would by itself amount to a nuisance.

• (2) In relation to a statutory nuisance within section 63(1)(j) for which more than one person is responsible (whether or not what any one of those persons is responsible for would by itself amount to such a nuisance), section 65(2)(a) shall apply with the substitution of “ any one of the persons ” for “the person”.

• (3) In relation to a statutory nuisance within section 63(1)(j) caused by noise emitted from or caused by an unattended vehicle or unattended machinery or equipment for which more than one person is responsible, section 66 shall apply with the substitution—

• (a) in subsection (2)(a), of the words “ any of the persons ” for “the person” and of “ one such person ” for “that person”,

• (b) in subsection (2)(b), of the words “ such a person ” for “that person”,

• (c) in subsection (3), of the words “ any of the persons ” for “the person” and of “ one such person ” for “that person”,

• (d) in subsection (5), of the words “ any person ” for “the person”, and

• (e) in subsection (7), of the words “ a person ” for “the person” and of “ such a person ” for “that person”.

• (4) Where a statutory nuisance which exists or has occurred within the district of a district council, or which has affected any part of that district, appears to the council to be wholly or partly caused by some act or default committed or taking place outside the district, the district council may act under section 65 as if the act or default were wholly within that district, except that any appeal shall be heard by a court of summary jurisdiction having jurisdiction where the act or default is alleged to have taken place.

• (5) Where an abatement notice has not been complied with the district council may, whether or not it takes proceedings for an offence under section 65(9), abate the nuisance and do whatever may be necessary in execution of the notice.

• (6) Any expenses reasonably incurred by a district council in abating, or preventing the recurrence of, a statutory nuisance under subsection (5) may be recovered by it from the person by whose act or default the nuisance was caused and, if that person is the owner of the premises, from any person who is for the time being the owner thereof; and the court may apportion the expenses between persons by whose acts or defaults the nuisance is caused in such manner as the court consider fair and reasonable.

• (7) If a district council is of opinion that proceedings for an offence under section 65(9) would afford an inadequate remedy in the case of any statutory nuisance, it may, subject to subsection (8), take proceedings in the High Court for the purpose of securing the abatement, prohibition or restriction of the nuisance, and the proceedings shall be maintainable notwithstanding the district council has suffered no damage from the nuisance.

• (8) In any proceedings under subsection (7) in respect of a nuisance falling within paragraph (i) or (j) of section 63(1), it shall be a defence to prove that the noise was authorised by a notice under Article 40 or a consent under Article 41 (construction sites), of the Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19).

• (9) The further supplementary provisions in Schedule 2 shall have effect.

Expenses recoverable from owner to be a charge on premises

68

• (1) Where any expenses are recoverable under section 67(6) from a person who is the owner of the premises there mentioned and the district council serves a notice on that person under this section—

• (a) the expenses shall carry interest, at such reasonable rate as the district council may determine, from the date of service of the notice until the whole amount is paid, and

• (b) subject to the following provisions of this section, the expenses and accrued interest shall be a charge on the premises.

• (2) A notice served under this section shall—

• (a) specify the amount of the expenses that the district council claims is recoverable,

• (b) state the effect of subsection (1) and the rate of interest determined by the district council under that subsection, and

• (c) state the effect of subsections (4) to (6).

• (3) On the date on which a district council serves a notice on a person under this section the council shall also serve a copy of the notice on every other person who, to the knowledge of the council, has an interest in the premises capable of being affected by the charge.

• (4) Subject to any order under subsection (7)(b) or (c), the amount of any expenses specified in a notice under this section and the accrued interest shall be a charge on the premises—

• (a) as from the end of the period of 21 days beginning with the date of service of the notice, or

• (b) where an appeal is brought under subsection (6), as from the final determination of the appeal,

until the expenses and interest are recovered.

• (5) For the purposes of subsection (4), the withdrawal of an appeal has the same effect as a final determination of the appeal.

• (6) A person served with a notice or copy of a notice under this section may appeal against the notice to the county court within the period of 21 days beginning with the date of service.

• (7) On such an appeal the court may—

• (a) confirm the notice without modification,

• (b) order that the notice is to have effect with the substitution of a different amount for the amount originally specified in it, or

• (c) order that the notice is to be of no effect.