Office of Public Sector Information

(8) A person is not guilty of an offence by virtue of paragraph (7)(a) unless it is shown—

(a) that the waste in question was controlled waste; and

(b) that the waste was or was being transported to or from a place in Northern Ireland.

(9) Where an authorised officer or constable has stopped a vehicle under paragraph (5), he may (in addition to any requirement that may be imposed under sub-paragraph (a) of paragraph (2)) require any occupant of the vehicle to give him—

(a) the occupant’s name and address;

(b) the name and address of the registered owner of the vehicle;

(c) any other information he may reasonably request.

(10) A person commits an offence if—

(a) he fails without reasonable excuse to comply with a requirement under paragraph (9);

(b) he gives information required under that paragraph that is—

(i) to his knowledge false or misleading in a material way, or

(ii) given recklessly and is false or misleading in a material way.

(11) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(12) In this Article and Articles 42A and 42B “authorised officer” means an officer of the Department who is authorised in writing by the Department for the purposes of those Articles.

(13) Summary proceedings for an offence under paragraph (11) may be instituted at any time within 12 months after the commission of the offence.

Seizure of vehicles etc: supplementary

42A.—(1) Where under Article 42 an authorised officer or a constable seizes a vehicle or its contents (“seized property”) on behalf of the Department, the Department may remove the seized property to such a place as the Department considers appropriate.

(2) The Department must deal with any seized property in accordance with regulations made by the Department.

(3) Regulations under paragraph (2) may in particular include provision as to—

(a) the duties of the Department in relation to the safe custody of seized property;

(b) the circumstances in which the Department must return any such property to a person claiming entitlement to it;

(c) the manner in which such persons, and the seized property to which they are entitled, may be determined;

(d) the circumstances in which the Department may sell, destroy or otherwise dispose of seized property;

(e) the uses to which the proceeds of any such sale may be put.

(4) Regulations making provision under paragraph (3)(d)—

(a) must (subject to sub-paragraph (c)) require the Department to publish a notice in such form, and to take any other steps, as may be specified in the regulations for informing persons who may be entitled to the seized property that it has been seized and is available to be claimed;

(b) must (subject to sub-paragraph (c)) prohibit the Department from selling, destroying or otherwise disposing of any seized property unless a period specified in the regulations has expired without any obligation arising under the regulations for the Department to return the property to any person;

(c) may allow for the requirements in sub-paragraphs (a) and (b) to be dispensed with if the condition of the seized property requires its disposal without delay.”.

Failure to produce authority: fixed penalty notice

16.  In the 1997 Order, after Article 42A (inserted by Article 15) insert—

“Fixed penalty notices for offences under Article 42

42B.—(1) This Article applies where it appears to the Department that a person has failed without reasonable excuse to comply with a requirement under Article 42(2)(a) (requirement to produce authority to transport waste).

(2) The Department may give that person a notice offering him the opportunity of discharging any liability to conviction for an offence under Article 42(7)(a) by payment of a fixed penalty.

(3) Where a person is given a notice under this Article in respect of an offence—

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

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

(4) A notice under this Article 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 Article must also state—

(a) the period during which, by virtue of paragraph (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 to the person mentioned in paragraph (5)(c) at the address so mentioned.

(7) Where a letter is sent in accordance with paragraph (6) 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.

(8) The form of a notice under this Article must be such as the Department may by order prescribe.

(9) The fixed penalty payable to the Department under this Article is, subject to paragraph (10), £300.

(10) The Department may by order substitute a different amount for the amount for the time being specified in paragraph (9).

(11) The Department may make provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by the Department.

(12) The Department may by regulations restrict the extent to which, and the circumstances in which, the Department may make provision under paragraph (11).

(13) In any proceedings a certificate which—

(a) purports to be signed by an authorised officer, 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.”.

Site waste management plans

Site waste management plans

17.—(1) The Department may by regulations subject to negative resolution make provision requiring persons of a prescribed description—

(a) to prepare plans for the management and disposal of waste created in the course of prescribed descriptions of works involving construction or demolition;

(b) to comply with such plans.

(2) Descriptions of works that may be prescribed under paragraph (1)(a) include in particular description by reference to the cost or likely cost of such works.

(3) Regulations under this Article may make supplementary and incidental provision, including in particular provision as to—

(a) the circumstances in which plans must be prepared;

(b) the contents of plans;

(c) enforcement authorities in relation to plans and the powers of such authorities;

(d) the keeping of plans and their production to enforcement authorities;

(e) offences in relation to a failure to comply with a requirement under the regulations;

(f) penalties for those offences;

(g) the discharging of liability for an offence under the regulations by the payment of a fixed penalty to an enforcement authority;

(h) the uses to which such payments may be put by enforcement authorities.

Enforcement

Powers of enforcing authorities

18.—(1) In Article 72 of the 1997 Order (powers of enforcement authorities)—

(a) in paragraph (2)(b)(i) (power of entry) for “duly authorised by the enforcing authority, and” substitute “including,”;

(b) in paragraph (2)(g) (powers in relation to articles or substances found) omit from “being an article” to “human health”;

(c) in paragraph (4)(a) (notice of entry) for “7 days” substitute “24 hours”.

(2) In Article 74 of the 1997 Order (offences of obstruction, etc) after paragraph (5) insert—

“(5A) Summary proceedings for an offence under paragraph (2) or (3) may be instituted at any time within 12 months after the commission of the offence.”.

Power to stop vehicles

19.  In the 1997 Order, after Article 73 insert—

“Power of authorised officers of Department to stop vehicles

73A.—(1) An authorised officer may require any person driving a vehicle on a road or other public place to stop, and any person who fails to stop when he is so required shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) In this Article —

“authorised officer” means an officer of the Department who is authorised in writing for the purposes of this Article;

“public place” has the same meaning as in the Road Traffic (Northern Ireland) Order 1981 (NI 1).”.

Repeals

Repeals

20.  The statutory provisions set out in the Schedule (which include spent provisions) are repealed to the extent specified in the second column of the Schedule.