Clean Neighbourhoods and Environment Bill
Notice of Amendments Tabled on
14 February 2011 for Consideration Stage
Clause 16 , Page 14, Line 37
At end insert -
‘(2A) After paragraph (8) insert -
“(8A) The Department shall prepare and issue, and may from time to time revise, a code of practice for the purpose of providing guidance on the giving by authorised officers of notices under this Article.
(8B) An authorised officer must have regard to the code of practice as for the time being in force in determining whether to give a person a notice under this Article.
(8C) A draft of the code of practice, or any revision of the code of practice, shall be laid before the Assembly.
(8D) If, within the statutory period beginning with the day on which a copy of the draft is laid before the Assembly, the Assembly so resolves, no further proceedings shall be taken in relation to the draft but without prejudice to the laying before the Assembly of a new draft.”.’
Minister of the Environment
Clause 26 , Page 28, Line 8
Leave out ‘obliteration’ and insert ‘defacement’
Minister of the Environment
Clause 26 , Page 28, Line 20
At end insert -
‘(12) In Article 87(11) of the Roads ( Northern Ireland) Order 1993 at the end add “and to an authorised officer of a district council (within the meaning of section 26 of the Clean Neighbourhoods and Environment Act ( Northern Ireland) 2011) acting in connection with an offence under paragraph (1).”.’
Minister of the Environment
Clause 31 , Page 29, Line 27
Leave out ‘flyer’ and insert ‘placard’
Minister of the Environment
New Clause
After clause 35 insert -
‘Removal or obliteration of graffiti, placards and posters
35A. For Article 18 of the Local Government (Miscellaneous Provisions) ( Northern Ireland) Order 1985 (NI 15) (removal of graffiti and fly posters) substitute -
“Removal or obliteration of graffiti, placards and posters
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) w ithin 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.”.’
Minister of the Environment
Clause 36 , Page 32, Line 35
Leave out ‘16’ and insert ‘18’
Minister of the Environment
Clause 36 , Page 33, Line 5
Leave out ‘16’ and insert ‘18’
Minister of the Environment
Clause 37 , Page 33, Line 26
Leave out ‘as follows’ and insert ‘in accordance with subsections (2) and (3)’
Minister of the Environment
Clause 37 , Page 33, Line 33
At end insert -
‘(3A) Article 87 of the Roads ( Northern Ireland) Order 1993 (NI 15) (control of advertisements, etc.) is amended in accordance with subsections (3B) and (3C).
(3B) In paragraph (9) for “that it was displayed without his knowledge or consent” substitute “either of the matters specified in paragraph (9A)”.
(3C) 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.”.’
Minister of the Environment
New Clause
After clause 37 insert -
‘Supplementary
Power of district councils to obtain information
37A. - (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.’
Minister of the Environment
New Clause
After clause 44 insert -
‘ Power of district councils to obtain information
44A. - (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.’
Minister of the Environment
Clause 55 , Page 44, Line 41
At end insert -
‘(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.’
Minister of the Environment
Clause 58 , Page 47, Line 36
At end insert ‘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.”.’
Minister of the Environment
Clause 60 , Page 50, Line 15
At end insert -
‘ “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;’
Minister of the Environment
Clause 60 , Page 51, Line 7
After ‘1981 (NI 4)’ insert ‘(except for “owner”)’
Minister of the Environment
Clause 65 , Page 58
Leave out lines 4 to 8
Minister of the Environment
Clause 72 , Page 63, Line 1
After ‘subsections’ insert ‘(2A),’
Minister of the Environment
Clause 72 , Page 63, Line 2
At end insert -
‘(2A) An order under -
(a) section 4(9);
(b) section 27(5);
(c) section 42(6); or
(d) section 50(6),
shall not be made unless a draft of the order has been laid before and approved by a resolution of the Assembly.’
Minister of the Environment
Schedule 3 , Page 71, Line 11
At end insert -
‘ The Pollution Control and Local Government (Northern Ireland) Order 1978 (NI 19)
. 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.”.’
Minister of the Environment
Schedule 3 , Page 71, Line 19
At end insert -
‘( ) In Article 7(5) for “paragraph (1)(b) to (f)” substitute “paragraph (1)(b) to (e)”.’
Minister of the Environment
Schedule 3 , Page 71, Line 26
At end insert -
‘(6) 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.”.’
Minister of the Environment