Clean Neighbourhoods and Environment Act (Northern Ireland) 2011

• (8) In paragraph 1 of Schedule 11 to the Land Registration Act (Northern Ireland) 1970 (c. 18) after sub-paragraph (c) insert—

(ca) section 68 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011; or

.

• (9) In this section “premises” does not include a vessel.

Payment of expenses by instalments

69

• (1) Where any expenses are a charge on premises under section 68, the district council may by order declare the expenses to be payable with interest by instalments within the specified period, until the whole amount is paid.

• (2) In subsection (1)—

• “interest” means interest at the rate determined by the council under section 68(1), and

• “the specified period” means such period of 30 years or less from the date of service of the notice under section 68 as is specified in the order.

• (3) Subject to subsection (5), the instalments and interest, or any part of them, may be recovered from the owner or occupier for the time being of the premises.

• (4) Any sums recovered from an occupier may be deducted by the occupier from the rent of the premises.

• (5) An occupier shall not be required to pay at any one time any sum greater than the aggregate of—

• (a) the amount that was due on account of rent at the date on which the occupier was served with a demand from the district council together with a notice requiring the occupier not to pay rent to the landlord without deducting the sum demanded, and

• (b) the amount that has become due from the occupier on account of rent since that date.

Summary proceedings by persons aggrieved by statutory nuisances

70

• (1) A court of summary jurisdiction may act under this section on a complaint made by any person on the ground that that person is aggrieved by the existence of a statutory nuisance.

• (2) If the court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises or, in the case of a nuisance within section 63(1)(j), in the same street, the court shall make an order for either or both of the following purposes—

• (a) requiring the defendant to abate the nuisance, within a time specified in the order, and to execute any works necessary for that purpose;

• (b) prohibiting a recurrence of the nuisance, and requiring the defendant, within a time specified in the order, to execute any works necessary to prevent the recurrence;

and may also impose on the defendant a fine not exceeding level 5 on the standard scale.

• (3) If the court is satisfied that the alleged nuisance exists and is such as, in the opinion of the court, to render premises unfit for human habitation, an order under subsection (2) may prohibit the use of the premises for human habitation until the premises are, to the satisfaction of the court, rendered fit for that purpose.

• (4) Proceedings for an order under subsection (2) shall be brought—

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

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

• (c) where the person responsible for the nuisance cannot be found, against the owner or occupier of the premises;

• (d) in the case of a statutory nuisance within section 63(1)(j) caused by noise emitted from or caused by an unattended vehicle or unattended machinery or equipment, against the person responsible for the vehicle, machinery or equipment.

• (5) Subject to subsection (6), where more than one person is responsible for a statutory nuisance, subsections (1) to (4) 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.

• (6) 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), subsection (4)(a) shall apply with the substitution of “ each person responsible for the nuisance who can be found ” for “the person responsible for the nuisance”.

• (7) 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, subsection (4)(d) shall apply with the substitution of “ any person ” for “the person”.

• (8) Before instituting proceedings for an order under subsection (2) against any person, the person aggrieved by the nuisance shall give to that person such notice in writing of the aggrieved person's intention to bring the proceedings as is applicable to proceedings in respect of a nuisance of that description and the notice shall specify the matter complained of.

• (9) The notice of the bringing of proceedings in respect of a statutory nuisance required by subsection (8) which is applicable is—

• (a) in the case of a nuisance falling within paragraph (i) or (j) of section 63(1), not less than 3 days' notice; and

• (b) in the case of a nuisance of any other description, not less than 21 days' notice;

but the Department may, by order, provide that this subsection shall have effect as if such period as is specified in the order were the minimum period of notice applicable to any description of statutory nuisance specified in the order.

• (10) A person who, without reasonable excuse, contravenes any requirement or prohibition imposed by an order under subsection (2) shall be guilty of an offence and 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) Subject to subsection (12), in any proceedings for an offence under subsection (10) 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.

• (12) The defence under subsection (11) 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;

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

• (f) in the case of a nuisance which is such as to render the premises unfit for human habitation.

• (13) For the purposes of subsection (12)(b) a relevant sports facility has the same meaning as in section 65(14).

• (14) If a person is convicted of an offence under subsection (10), a court of summary jurisdiction may, after giving the district council in whose district the nuisance has occurred an opportunity of being heard, direct the council to do anything which the person convicted was required to do by the order to which the conviction relates.

• (15) Where on the hearing of proceedings for an order under subsection (2) it is proved that the alleged nuisance existed at the date of the making of the complaint then, whether or not at the date of the hearing it still exists or is likely to recur, the court shall order the defendant (or defendants in such proportions as appears fair and reasonable) to pay to the person bringing the proceedings such amount as the court considers reasonably sufficient to compensate that person for any expenses properly incurred by that person in the proceedings.

• (16) If it appears to the court that neither the person responsible for the nuisance nor the owner or occupier of the premises or (as the case may be) the person responsible for the vehicle, machinery or equipment can be found the court may, after giving the district council in whose district the nuisance has occurred an opportunity of being heard, direct the council to do anything which the court would have ordered that person to do.

Application of this Part to Crown

71

• (1) Subject to the provisions of this section, the provisions of this Part and of regulations and orders made under it shall bind the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

• (2) No contravention by the Crown of any provision of this Part or of any regulations or order made under it shall make the Crown criminally liable; but the High Court may, on the application of any district council charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (3) Notwithstanding anything in subsection (2), the provisions of this Part and of regulations and orders made under it shall apply to persons in the public service of the Crown as they apply to other persons.

• (4) In this section any reference to the Crown includes the Crown in right of Her Majesty's Government in the United Kingdom.

PART 8 — MISCELLANEOUS AND SUPPLEMENTARY

Use of fixed penalty receipts

Use of penalty receipts

72

• (1) This section applies in relation to amounts paid to a district council in pursuance of—

• (a) notices under Article 6 and Article 14A of, and paragraph 7 of Schedule 1A to, the Litter (Northern Ireland) Order 1994 (NI 10);

• (b) notices under section 26;

• (c) notices under section 43.

• (2) The amounts to which this section applies which are paid to a district council are in this section called the council's “fixed penalty receipts”.

• (3) A district council may use its fixed penalty receipts only for the purposes of qualifying functions of the council.

• (4) For the purposes of this section the “qualifying functions” of a council are—

• (a) its functions under the Litter (Northern Ireland) Order 1994;

• (b) its functions under section 26;

• (c) its functions under Part 5; and

• (d) such other of its functions as may be specified in regulations made by the Department.

• (5) Regulations under subsection (4)(d) may (in particular) have the effect that a council may use its fixed penalty receipts for the purposes of any of its functions.

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

• (7) The Department may by regulations—

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

• (8) The provision that may be made under subsection (7)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the Department) other than the council.

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

• (a) district councils;

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

Increase of penalty for pollution offences

Offences relating to pollution etc.: penalties on conviction

73

In paragraph 25 of Schedule 1 to the Environment (Northern Ireland) Order 2002 (NI 7) (purposes for which regulations may be made under Article 4: offences), in sub-paragraph (2)(a)(ii) for the words “£30,000” substitute “ £50,000 ”.

Offences by bodies corporate

Offences by bodies corporate

74

For the purposes of this Act, section 20(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33) applies with the omission of the words “the liability of whose members is limited” and where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with that member's functions of management as if that member were a director of the body corporate.

Supplementary

Regulations and orders

75

• (1) Orders and regulations made by the Department under this Act may include such incidental, supplementary, consequential, transitory, transitional or saving provisions as the Department considers appropriate.

• (2) Subject to subsections (3), (4) and (5), orders and regulations made by the Department under this Act shall be subject to negative resolution.

• (3) An order under—

• (a) section 4(9),

• (b) section 27(5),

• (c) section 44(6), or

• (d) section 53(6),

shall not be made unless a draft of the order has been laid before and approved by a resolution of the Assembly.

• (4) Regulations under section 40(4) and section 41(1) shall not be made unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.

• (5) Subsection (2) does not apply to an order under section 78 or an order under paragraph 5 of Schedule 2.

Interpretation

76

In this Act—

• “clerk of the council”, in relation to a district council, means the clerk appointed in accordance with section 41 of the Local Government Act (Northern Ireland) 1972 (c. 9);

• “the Department” means the Department of the Environment;

• “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).

Minor and consequential amendments and repeals

77

• (1) The statutory provisions set out in Schedule 3 have effect subject to the amendments specified in that Schedule.

• (2) The statutory provisions set out in Schedule 4 are repealed to the extent specified in the second column of that Schedule.

• (3) The Department may by order repeal or amend any provision of any local Act passed before this Act or of any order or other instrument made under a local Act so passed if it appears to it that the provision is inconsistent with, or has become unnecessary or requires alteration in consequence of, any provision of this Act or corresponds to any provision repealed by this Act.

Commencement

78

The provisions of this Act, except for this section and sections 75, 76 and 79, come into operation on such day or days as the Department may by order appoint.

Short title

79

This Act may be cited as the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011.

SCHEDULE 1

1

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

2

In the heading to section 2, omit the words “from a dwelling”.

3

• (1) Section 2 (investigations of complaints of noise) is amended as follows.

• (2) In subsection (2), after the words “emitted from” insert “ (a) ” and at the end insert

, or (b) any of the following (referred to in this group of sections as “the offending premises”)— (i) any premises in relation to which an exhibition licence has effect; (ii) any place in relation to which an entertainment licence has effect; (iii) any licensed premises; (iv) a place at which the sale of intoxicating liquor is for the time being authorised by an occasional licence; (v) any premises where meals or refreshments are supplied whether for consumption on or off the premises; (vi) any premises occupied by a registered club.”.

.

• (3) After subsection (2) insert—

(2A) For the purposes of subsection (2)(b)— - “exhibition licence” means a licence granted under Article 3 of the Cinemas (Northern Ireland) Order 1991; - “entertainment licence” means a licence granted under paragraph 3 of Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985; - “intoxicating liquor”, “licensed premises” and “occasional licence” have the same meanings as in the Licensing (Northern Ireland) Order 1996; - “registered club” has the same meaning as in Article 2(2) of the Registration of Clubs (Northern Ireland) Order 1996.

.

• (4) In subsection (4)(a), after the words “the offending dwelling” insert “ or the offending premises ”.

• (5) In subsection (7)—

• (a) after the words “the offending dwelling is” insert “ , or the offending premises are, ”;

• (b) after the words “if the offending dwelling” insert “ or the offending premises ”.

4

• (1) Section 3 (warning notices) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a)(i), after the words “offending dwelling” insert “ or the offending premises ”;

• (b) for paragraph (b) substitute—

(b) give warning— (i) in a case where the complaint is in respect of a dwelling, that any person who is responsible for noise which is emitted from the offending dwelling in the period specified in the notice and which exceeds the permitted level, as measured from within the complainant's dwelling, may be guilty of an offence; (ii) in a case where the complaint is in respect of other premises, that the responsible person in relation to the offending premises may be guilty of an offence if noise which exceeds the permitted level, as measured from within the complainant's dwelling, is emitted from the premises in the period specified in the notice.

.

• (3) In subsection (3), at the beginning insert “ In a case where the complaint is in respect of a dwelling, ”.

• (4) After subsection (3) insert—

(3A) In a case where the complaint is in respect of other premises, a warning notice must be served by delivering it to the person who appears to the officer of the district council to be the responsible person in relation to the offending premises at the time the notice is delivered.

.

• (5) After subsection (5) insert—

(6) For the purposes of this group of sections, the responsible person in relation to offending premises at a particular time is— (a) in the case of any premises mentioned in sub-paragraph (i), (ii), (iii) or (iv) of section 2(2)(b)— (i) the holder of the licence if he is present at the premises at that time, (ii) where that person is not present at the premises at that time, any other person who is present at the premises at that time and in charge of the premises; (b) in the case of any premises mentioned in sub-paragraph (v) of section 2(2)(b), any person who is present at the premises at that time and in charge of the premises; (c) in the case of any premises mentioned in sub-paragraph (vi) of section 2(2)(b)— (i) any official of the club who is present at the premises at that time; (ii) where no such official is present at the premises at that time, any other person who is present at the premises at that time and in charge of the premises; and for the purposes of this paragraph “official” has the same meaning as in Article 2(2) of the Registration of Clubs (Northern Ireland) Order 1996.

.

5

In the heading to section 4, after the words “where noise” insert “ from a dwelling ”.

6

After section 4 (offence where noise exceeds permitted level after notice) insert—

(4A) (1) If— (a) a warning notice has been served under section 3 in respect of noise emitted from premises, (b) noise is emitted from the premises in the period specified in the notice, and (c) the noise exceeds the permitted level, as measured from within the complainant's dwelling, the responsible person in relation to the offending premises at the time at which the noise referred to in paragraph (c) is emitted is guilty of an offence. (2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

.

7

In section 5 (permitted level of noise), in subsection (1) after the words “from any dwelling” insert “ or other premises ”.

8

In section 6 (approval of measuring devices), in subsection (3) after the words “section 4” insert “ or 4A ”.

9

• (1) Section 7 (evidence) is amended as follows.

• (2) In subsection (1), after the words “section 4” insert “ or 4A ”.

• (3) After subsection (3) insert—

(3A) In proceedings for an offence under section 4A, evidence that noise, or noise of any kind, measured by a device at any time was noise emitted from any other premises may be given by the production of a document— (a) signed by an officer of the district council, and (b) stating that he had identified those premises as the source at that time of the noise or, as the case may be, noise of that kind.

.

• (4) In subsection (4), for the words “or (3)(a)” substitute “ , (3)(a) or (3A)(a) ”.

10

• (1) Section 8 (fixed penalty notices) is amended as follows.

• (2) In subsection (1), after the words “section 4” insert “ or 4A ”.

• (3) In subsection (2)(b), after the words “the offending dwelling” insert “ or the offending premises (as the case may be) ”.

11

• (1) Section 9 (section 8: supplementary) is amended as follows.

• (2) After subsection (2) insert—

(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.

.

• (3) In subsection (5), after the words “section 4” insert “ or 4A ”.

12

• (1) Section 10 (powers of entry and seizure etc.) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a), after the words “a dwelling” insert “ or other premises ”;

• (b) in paragraph (b), after the words “the dwelling” insert “ or other premises ”.

• (3) In subsection (2), after the words “the dwelling” insert “ or other premises ”.

• (4) In subsection (4)—

• (a) in paragraph (a), after the words “a dwelling” insert “ or other premises ”;

• (b) in paragraph (b), after the words “the dwelling” insert “ or other premises ”;

• (c) in paragraph (c), after the words “the dwelling” insert “ or other premises ”;

• (d) after the words “to enter the” insert “ dwelling or other ”.

• (5) In subsection (5)—

• (a) after the words “enters any” insert “ dwelling or other ”;

• (b) for the words from “the premises are unoccupied” to the end substitute “ the dwelling is, or the other premises are, unoccupied, must leave it or them as effectively secured against trespassers as he found it or them. ”.

13

In the Schedule (powers in relation to seized equipment), in paragraph 1(a)(i), after the words “section 4” insert “ or 4A ”.

SCHEDULE 2

Appeals to a court of summary jurisdiction

1

• (1) This paragraph applies in relation to appeals under section 65(8) against an abatement notice to a court of summary jurisdiction.

• (2) Part 7 of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) shall apply to such appeals.

• (3) An appeal against any decision of a court of summary jurisdiction in pursuance of an appeal to which this paragraph applies shall lie to the county court at the instance of any party to the proceedings in which the decision was given.

• (4) The Department may make regulations as to appeals to which this paragraph applies and without prejudice to the generality of this sub-paragraph the regulations may in particular—

• (a) prescribe the cases in which an abatement notice is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;

• (b) prescribe the cases in which the decision on appeal may in some respects be less favourable to the appellant than the decision from which the appeal is brought;

• (c) prescribe the cases in which the appellant may claim that an abatement notice should have been served on some other person and prescribe the procedure to be followed in those cases.

Powers of entry etc.

2

• (1) Subject to sub-paragraph (2), any person authorised by a district council may, on production (if so required) of that person's authority, enter any premises at any reasonable time—

• (a) for the purpose of ascertaining whether or not a statutory nuisance exists; or

• (b) for the purpose of taking any action, or executing any work, authorised or required by Part 7.

• (2) Admission by virtue of sub-paragraph (1) to any premises used wholly or mainly for residential purposes shall not except in an emergency be demanded as of right unless 24 hours notice of the intended entry has been given to the occupier.

• (3) If it is shown to the satisfaction of a lay magistrate on complaint in writing—

• (a) that admission to any premises has been refused, or that refusal is apprehended, or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one of emergency, or that an application for admission would defeat the object of the entry; and

• (b) that there is reasonable ground for entry into the premises for the purpose for which entry is required,

the lay magistrate may by warrant authorise the district council by any authorised person to enter the premises, if need be by force.

• (4) An authorised person entering any premises by virtue of sub-paragraph (1) or a warrant under sub-paragraph (3) may—

• (a) take to the premises such other persons and such equipment as may be necessary;

• (b) carry out such inspections, measurements and tests as the authorised person considers necessary for the discharge of any of the district council's functions under Part 7; and

• (c) take away such samples or articles as that person considers necessary for that purpose.

• (5) On leaving any unoccupied premises entered by virtue of sub-paragraph (1) or a warrant under sub-paragraph (3) the authorised person shall leave them as effectually secured against trespassers as they were found.

• (6) A warrant issued in pursuance of sub-paragraph (3) shall continue in force until the purpose for which the entry is required has been satisfied.

• (7) Any reference in this paragraph to an emergency is a reference to a case where the person requiring entry has reasonable cause to believe that circumstances exist which are likely to endanger life or health and that immediate entry is necessary to verify the existence of those circumstances or to ascertain their cause and to effect a remedy.

3

• (1) Any person authorised by a district council may on production (if so required) of that person's authority—

• (a) enter or open a vehicle, machinery or equipment, if necessary by force, or

• (b) remove a vehicle, machinery or equipment from a street to a secure place,

for the purpose of taking any action, or executing any work, authorised by or required under Part 7 in relation to a statutory nuisance within section 63(1)(j) caused by noise emitted from or caused by the vehicle, machinery or equipment.

• (2) On leaving any unattended vehicle, machinery or equipment entered or opened under sub-paragraph (1), the authorised person shall (subject to sub-paragraph (3)) leave it secured against interference or theft in such manner and as effectually as it was found.

• (3) If the authorised person is unable to comply with sub-paragraph (2), that person shall for the purpose of securing the unattended vehicle, machinery or equipment either—

• (a) immobilise it by such means as are considered expedient, or

• (b) remove it from the street to a secure place.

• (4) In carrying out any function under sub-paragraph (1), (2) or (3), the authorised person shall not cause more damage than is necessary.

• (5) Before a vehicle, machinery or equipment is entered, opened or removed under sub-paragraph (1), the district council shall notify the police of the intention to take action under that sub-paragraph.

• (6) After a vehicle, machinery or equipment has been removed under sub-paragraph (1) or (3), the district council shall notify the police of its removal and current location.

• (7) Notification under sub-paragraph (5) or (6) may be given to the police at any police station in the district of the district council.

• (8) For the purposes of section 67(6), any expenses reasonably incurred by a district council under sub-paragraph (2) or (3) shall be treated as incurred by the council under section 67(5) in abating or preventing the recurrence of the statutory nuisance in question.

Offences relating to entry

4

• (1) A person who wilfully obstructs any person acting in the exercise of any powers conferred by paragraph 2 or 3 shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

• (2) A person who discloses any information relating to any trade secret obtained in the exercise of any powers conferred by paragraph 2 shall, unless the disclosure was made in the performance of that person's duty or with the consent of the person having the right to disclose the information, be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Default powers

5

• (1) This paragraph applies to the following functions of a district council—

• (a) its duty under section 64 to cause its district to be inspected to detect any statutory nuisance which ought to be dealt with under section 65 or sections 65 and 66; and

• (b) its powers under paragraph 2 or 3.

• (2) If the Department is satisfied that any district council has failed, in any respect, to discharge a function to which this paragraph applies which it ought to have discharged, it may make an order declaring the council to be in default.

• (3) An order made under sub-paragraph (2) which declares a council to be in default may, for the purpose of remedying the default, direct the council (“the defaulting council”) to perform the function specified in the order and may specify the manner in which and the time or times within which the function is to be performed by the council.

• (4) If the defaulting council fails to comply with any direction contained in such an order the Department may, instead of enforcing the order by mandamus, make an order transferring to itself the function of the council specified in the order.

• (5) Where the function of a defaulting council is transferred under sub-paragraph (4), the amount of any expenses which the Department certifies were incurred by it in performing the function shall on demand be paid to it by the defaulting council.

• (6) Any expenses required to be paid by a defaulting council under sub-paragraph (5) shall be defrayed by the council in the same manner, and shall be debited to the same account, as if the function had not been transferred and the expenses had been incurred by the council in performing them.

• (7) The Statutory Rules (Northern Ireland) Order 1979 (NI 12) shall not apply to any order under this paragraph.

Protection from personal liability

6

Nothing done by, or by a member of, a district council or by an officer of or other person authorised by a district council shall, if done in good faith for the purpose of executing Part 7, subject that person personally to any action, liability, claim or demand whatsoever (other than any liability under Articles 19 or 20 of the Local Government (Northern Ireland) Order 2005 (NI 18) (powers of local government auditors)).

Statement of right of appeal in notices

7

Where an appeal against a notice served by a district council lies to a court of summary jurisdiction by virtue of section 65, it shall be the duty of the council to include in that notice a statement indicating that such an appeal lies to a court of summary jurisdiction and specifying the time within which it must be brought.

SCHEDULE 3

PART 1 — VEHICLES

The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)

1

In Article 86—

• (a) in paragraph (1) at the beginning insert “ Subject to paragraph (1A), ”;

• (b) after paragraph (1) insert—

(1A) An order under Article 29A(9) shall not be made unless a draft of the order has been laid before and approved by a resolution of the Assembly.

.

The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)

2

In Article 54(4)(c) after the words “the Pollution Control (Northern Ireland) Order 1978” insert “ or who has paid a fixed penalty notice under Article 29A(1) of that Order ”.

PART 2 — LITTER

The Litter (Northern Ireland) Order 1994 (NI 10)

3

• (1) In Article 7(1) at the end of sub-paragraph (d) insert “ and ”.

• (2) In Article 7(5) for “paragraph (1)(b) to (f)” substitute “ paragraph (1)(b) to (e) ”.

• (3) In Article 11(1) at the end of sub-paragraph (d) insert “ or ”.

• (4) In Article 12(1) at the end of sub-paragraph (b) insert “ or ”.

• (5) In Article 15(1) after sub-paragraph (b) insert

and (c) all orders made by the district council under paragraph 2(1) of Schedule 1A.

.

• (6) In Article 17(1)(b) after the words “Article 12(10)” insert “ or Article 12C(3) ”.

• (7) In Article 25—

• (a) in paragraph (1) at the beginning insert “ Subject to paragraph (1A), ”;

• (b) after paragraph (1) insert—

(1A) An order under Article 18A(3) shall not be made unless a draft of the order has been laid before and approved by a resolution of the Assembly.

.

PART 3 — STATUTORY NUISANCE

The Housing of the Working Classes Act 1885 (c. 72)

4

In section 9(1) for the words from “a nuisance within the meaning of section one hundred and seven” to the end substitute “ a statutory nuisance for the purposes of Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”.

The Public Health Acts Amendment Act 1907 (c. 53)

5

In section 35—

• (a) for the words “the Public Health (Ireland) Act, 1878” substitute “ Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”;

• (b) for the words “nuisance within the meaning of the said Act” substitute “ statutory nuisance ”.

The Office and Shop Premises Act (Northern Ireland) 1966 (c. 26)

6

In section 72—

• (a) for paragraph (a) substitute—

(a) Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (statutory nuisances);

;

• (b) in paragraph (b) for the words “the said Act of 1878” substitute “ the Public Health (Ireland) Act 1878 ”.

The Hovercraft Act 1968 (c. 59)

7

In section 1(1)(g) for the words “or of Part III of the Pollution Control and Local Government (Northern Ireland) Order 1978” substitute “ or of Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”.

The Mines Act (Northern Ireland) 1969 (c. 6)

8

In section 129—

• (a) in subsection (2)—

• (i) for the words “section 107 of the Public Health (Ireland) Act 1878” substitute “ Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”;

• (ii) for the word “nuisance” substitute “ statutory nuisance ”;

• (iii) for the words “that Act” substitute “ that Part ”;

• (b) in subsection (3) for the words “sections 107 to 127 of the Public Health (Ireland) Act 1878” substitute “ Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”.

The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)

9

• (1) In Article 41(9) for the words “Article 39” substitute “ section 70 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”.

• (2) In Article 45(8) for the words “Article 39” substitute “ section 70 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”.

• (3) For Article 54(2) substitute—

(2) In determining whether an offence is a further offence against this Part, account shall be taken of any offence under section 65(9) of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 where the offence consists of contravening an abatement notice relating to noise and of any offence under section 70(10) of that Act where the prohibition relates to noise as if it were an offence against this Part.

.

• (4) In Article 65—

• (a) in paragraph (1)—

• (i) for the words “sections 110 to 116 of the Public Health (Ireland) Act 1878” substitute “ Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”;

• (ii) for the words “the said section 110” substitute “ section 65 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”;

• (b) in paragraph (4) for the words “sections 110 to 116 of the Public Health (Ireland) Act 1878” substitute “ Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”.

• (5) In Article 69(1) after the words “the Public Health Acts 1878 to 1967” insert “ or Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”.

The Clean Air (Northern Ireland) Order 1981 (NI 4)

10

• (1) In Article 25(5)—

• (a) for the words “7 or 23” in both places where they appear substitute “ or 7 ”;

• (b) for sub-paragraph (b) substitute—

(b) Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011.

.

• (2) In Article 40(2) for the words from the beginning to “have effect” substitute “ Paragraphs 2 to 4 of Schedule 2 to the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (power to enter premises) shall apply for the purposes of any functions conferred by this Order on district councils ”.

The Quarries (Northern Ireland) Order 1983 (NI 4)

11

In Article 10—

• (a) in paragraph (1)—

• (i) for the words “section 107 of the Public Health (Ireland) Act 1878” substitute “ Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”;

• (ii) for the word “nuisance” substitute “ statutory nuisance ”;

• (iii) for the words “that Act” substitute “ that Part ”;

• (b) in paragraph (2)—

• (i) for the words “sections 107 to 127 of the Public Health (Ireland) Act 1878” substitute “ Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”;

• (ii) for the word “nuisance” wherever it occurs substitute “ statutory nuisance ”.

The Housing (Northern Ireland) Order 1992 (NI 15)

12

• (1) In Article 74(1) for sub-paragraph (b) substitute—

(b) in a notice served in respect of a dwelling-house under Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011.

.

• (2) In Schedule 3 in paragraph 2(4) for the words “section 110 of the Public Health (Ireland) Act 1878” substitute “ section 65 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”.

The Radioactive Substances Act 1993 (c. 12)

13

In Schedule 3—

• (a) in Part III for paragraph 18 substitute—

(18) Sections 50, 51 and 58 of the Public Health (Ireland) Act 1878.

; and

• (b) at the end add—

(26) Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011.

.

The Noise Act 1996 (c. 37)

14

• (1) In section 10(7)—

• (a) for the words “section 81(3) of the Environmental Protection Act 1990” substitute “ section 67(5) of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”;

• (b) for the words “section 79(1)(g)” substitute “ section 63(1)(i) ”.

• (2) In section 14(4)(h) omit sub-paragraphs (i), (ii), (iv) and (v).

• (3) In the Schedule—

• (a) in paragraph 1(a)(ii)—

• (i) for the words “section 81(3) of the Environmental Protection Act 1990” substitute “ section 67(5) of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”;

• (ii) for the words “section 80(4)” substitute “ section 65(9) ”;

• (iii) for the words “section 79(1)(g)” substitute “ section 63(1)(i) ”;

• (b) in paragraph 1(b) for the words “section 81(3) of the Environmental Protection Act 1990” substitute “ section 67(5) of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”.

The Housing (Northern Ireland) Order 2003 (NI 2)

15

In Article 142(3)(b) for the words “section 110 of the Public Health (Ireland) Act 1878 (c. 52),” substitute “ section 65 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”.

The Private Tenancies (Northern Ireland) Order 2006 (NI 10)

16

In Article 36(8) for the words “section 110 of the Public Health (Ireland) Act 1878 (c. 52)” substitute “ Part 7 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ”.

SCHEDULE 4

PART 1 — VEHICLES

PART 2 — LITTER

PART 3 — DOGS

PART 4 — NOISE

PART 5 — STATUTORY NUISANCES

Gating orders

Repairing vehicles on a road

Disposal of removed vehicle by district council

Notice of removal of vehicle

Disposal of vehicle by Department

Penalty for failing to provide name

Controls on free distribution of printed matter

Penalty notices for graffiti and fly-posting

Penalty notices for graffiti and fly-posting

Penalty notices: power to require name and address

Unlawful display of advertisements

Designation of alarm notification areas

Dog control orders: supplementary

Withdrawal of designation

Designation of alarm notification areas

Extension of Noise Act 1996 to licensed premises etc.

Duty of district council to inspect for statutory nuisance

Summary proceedings for statutory nuisances

Supplementary provisions

Application of this Part to Crown

Application of this Part to Crown

Offences relating to pollution etc.: penalties on conviction

Regulations and orders

Editorial notes

[^key-9f2b17f4d48c73581ab5c9c7dadd57f0]: S. 4 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-2c1a703c7d6955547aacc67ed6ab6703]: S. 7 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-eff7835e5607b17f07c94244e47643df]: S. 8 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-52d8c2e7d254779c6537fd91f878a611]: S. 12(4) in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1 (with art. 4)

[^key-b9179e5b34601612c50f069bd460ba33]: S. 13(4) in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1 (with art. 4)

[^key-8a0af71df9b6d8a2e4313a3cd8e0cdff]: S. 16(1)(3) in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-dcfa93e425e719e8ad154247ea0ac278]: S. 22 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-17e4ece6f252fbeea607fe4db41260a9]: S. 27 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-0008aef5bc69e86e772c45e25b5cf27a]: S. 30 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-7aff3897adb67a3cf7fe0b079084fbce]: S. 33 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-559a44f4e0e5b8c9630850ad1c19b683]: S. 40 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-18c6e340b121440e1571a03b9ef3a273]: S. 41 in operation at 18.1.2012 by S.R. 2012/13, art. 2(1), Sch. 1

[^key-1897ca0ce7dd29b21a3ff8c2590d50e7]: S. 42 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-69bfd29dfa70830f870c937ca21d073d]: S. 44 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-7ea2357e98e014c192e173e35877276d]: S. 53 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-9afa99f656947f77eac625a7223e44e3]: S. 59 in operation at 18.1.2012 by S.R. 2012/13, art. 2(1), Sch. 1

[^key-0209a16912bb5b04211f91f87eb7a934]: S. 61 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-6a1718d6676c4e4e5ad6343dd26855ae]: S. 63 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-101b00ced9113db4a90c535d0c49c89c]: S. 65 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-979c204d2591dfbc9fb31d5c09902af6]: S. 67 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-0f6f2772b04d5f3e4122271669f31c75]: Sch. 2 para. 1 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-5413b81c9fd8aef39b216482b871c784]: Sch. 2 para. 2 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-68524bbb5c7edfec085ca0fac67553b1]: Sch. 2 para. 3 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-026b854d7338f62b8ffbcbe1c06969a5]: Sch. 2 para. 4 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-7196babb4d88c5ce2c0e3346c6e95f47]: Sch. 2 para. 5 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-6b28a7d064742119b8f3014f41fd9d22]: Sch. 2 para. 6 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-6263265fe21ece340caea5603f1e4ecd]: Sch. 2 para. 7 in operation at 18.1.2012 for specified purposes by S.R. 2012/13, art. 2(1), Sch. 1

[^key-73124de44d657961dd61eed4f13b1495]: Sch. 2 paras. 2-4 applied by SI 1981/158 (N.I. 4) art. 40(2) (as amended) (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 3 para. 10(2); S.R. 2012/13, art. 2(2), Sch. 2

[^key-32559cdae322c5055b1725097eea602f]: S. 73 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-cce914a91aff22145104c709907befae]: S. 11 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2 (with art. 4)

[^key-637ebb98230451936e9e4aab8345e4a7]: S. 12 in operation at 1.4.2012 in so far as not already in operation by S.R. 2012/13, art. 2(2), Sch. 2 (with art. 4)

[^key-7f2830f686608654c32c07390c14e66e]: S. 13 in operation at 1.4.2012 in so far as not already in operation by S.R. 2012/13, art. 2(2), Sch. 2 (with art. 4)

[^key-b07d3db8c2db7e0d70a0587111aff1d9]: S. 38 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-ab2ff44017766f63e8e8ccbf3dd1170b]: S. 7 in operation at 1.4.2012 in so far as not already in operation by S.R. 2012/13, art. 2(2), Sch. 2

[^key-88ef9a607d757c32441353ed07a46a6f]: S. 8 in operation at 1.4.2012 in so far as not already in operation by S.R. 2012/13, art. 2(2), Sch. 2

[^key-14ddc9b9ae053f4f034e729a4d21f8ca]: S. 9 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-a6a5d3679ade7d7c5fe9ece290a31b45]: S. 10 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-070791933447b8cb1780843f2c89d333]: S. 26 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-7863373c285765330043d3d85cd7d2d6]: S. 31 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-f71a619f3f7e7a26a71202961a5f352b]: S. 1 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-35fed6b61d828465d9385fce95156cd0]: S. 60 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-f5af61b6a18522ae6c451fb87dae8a71]: S. 61 in operation at 1.4.2012 in so far as not already in operation by S.R. 2012/13, art. 2(2), Sch. 2

[^key-830d7242199219ad329ddd66ca1d77cf]: S. 36 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-64b56685a50c7cf023cacac539a14c05]: S. 74 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-285bce87852db1da70da0bd47582c482]: S. 68 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-faf333f1c25e44c5407287c4362dacbd]: S. 14 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-ea865a00db22a0ebf8a8da86e53da21c]: S. 15 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-babd338c885ea42526ccc9cac1e184ad]: S. 16 in operation at 1.4.2012 in so far as not already in operation by S.R. 2012/13, art. 2(2), Sch. 2

[^key-00ee876b921135bfc2fefe3db6b77ab2]: S. 17 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-e1346106c2c768a442a870e90bfe383f]: S. 18 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-6f734b40787a2dc138fcbe0e2b2f95d6]: S. 19 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-ce3d428cd7c07566b2e4c7d6a8450397]: S. 20 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-de7dd77b51e7c3153ddc2cf46b318b39]: S. 21 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-cd854247a95b5af13d68eea76b885777]: S. 22 in operation at 1.4.2012 in so far as not already in operation by S.R. 2012/13, art. 2(2), Sch. 2

[^key-d48c3a532cb888cba319360c97288d26]: S. 23 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-9900fe821f45fcf6b09ea63e6f02573f]: S. 24 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-65a788955bc2fc84b59737223102b863]: Sch. 2 para. 5 in operation at 1.4.2012 in so far as not already in operation by S.R. 2012/13, art. 2(2), Sch. 2

[^key-9f263bbb36d6cfe83c3ee8081cf3cefc]: Sch. 3 para. 2 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-186269c4325bb07f46c0ab0bd8d1cc3a]: Sch. 3 para. 15 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-4e8fb14095fa437389afae8257c3c36e]: Sch. 3 para. 8 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-182582e0080d4b15b97a24bce69adc17]: Sch. 3 para. 6 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-4d1da2dc70d6bbfc96caab0c76704a93]: Sch. 3 para. 7 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-761d96f9682868242378ae352a420c15]: Sch. 3 para. 9 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-0ae637b4253967f7ae696315e8cf6a28]: Sch. 3 para. 1 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-5eb861c5f01cfc439a25bb9a90eeb5df]: Sch. 3 para. 10 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-d8550ad4d23b1c4b18244b3863710ce2]: Sch. 2 para. 2 in operation at 1.4.2012 in so far as not already in operation by S.R. 2012/13, art. 2(2), Sch. 2

[^key-f403e46a1947f80a7f57aec1308e1613]: Sch. 2 para. 4 in operation at 1.4.2012 in so far as not already in operation by S.R. 2012/13, art. 2(2), Sch. 2

[^key-c954089e04020cd22255d9fe72d17402]: Sch. 3 para. 12 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-9cf349398cbfb52ede15a31817c5dbe3]: Sch. 3 para. 5 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-7ea68b23f60a6f036da3025e138a9798]: Sch. 1 para. 2 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-85727c8ae9071c03af00f8b301476a2c]: Sch. 1 para. 3 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-81676501ed0d60559742303ef3011e5a]: Sch. 1 para. 4 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-ef12d1d72006e338eb7d2cb7e42563c1]: Sch. 1 para. 5 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-1830507eaaca67686ebbaf33a3ad0552]: Sch. 1 para. 6 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-e7361ba47e68fba720e21a9f8847a18e]: Sch. 1 para. 7 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-4a1edaecfc73c571321440accc589ce7]: Sch. 1 para. 8 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-83b6532eef8bfc8b2526ae87784e1742]: Sch. 1 para. 9 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-badce195f5ff0495b88969d11856b3aa]: Sch. 1 para. 10 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-83a2627e886fde70529f1e8516ff756d]: Sch. 1 para. 11 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-6a55270db4123e2229523da298a4d133]: Sch. 1 para. 12 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2

[^key-c397ea739779b9e7f71b205a1d013f6b]: Sch. 3 para. 14 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2