- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Clean Neighbourhoods and Environment Act (Northern Ireland) 2011, Cross Heading: Offence of dropping litter is up to date with all changes known to be in force on or before 29 August 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
14—(1) Article 3 of the Litter (Northern Ireland) Order 1994 (NI 10) (offence of dropping litter) shall be amended as follows.
(2) After paragraph (2) insert—
“(2A) A person may only give consent under paragraph (2) in relation to the depositing of litter in a lake, pond or watercourse if he is the owner, occupier or other person having control of—
(a)all the land adjoining the lake, pond or watercourse; and
(b)all the land through or into which water in that lake, pond or watercourse directly or indirectly discharges, otherwise than by means of a public sewer.
(2B) In paragraph (2A)—
“watercourse” has the same meaning as in Article 2(2) of the Drainage (Northern Ireland) Order 1973; and
“public sewer” has the same meaning as in Article 2(2) of the Water and Sewerage Services (Northern Ireland) Order 2006.”.
15—(1) Article 5 of the Litter (Northern Ireland) Order 1994 (NI 10) (enforcement of Articles 3 and 4) shall be amended as follows.
(2) For paragraph (3) substitute—
“(3) A person commits an offence if—
(a)he fails to give his name and address in response to a demand under paragraph (1), or
(b)he gives a false or inaccurate name or address in response to a demand under that paragraph.
(3A) A person guilty of an offence under paragraph (3) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.”.
(3) In paragraph (5), after the words “In this Article—” insert—
““authorised officer” has the same meaning as in Article 6;”.
16—(1) Article 6 of the Litter (Northern Ireland) Order 1994 (fixed penalty notices) shall be amended as follows.
(2) For paragraphs (6) and (7) substitute—
“(6) The fixed penalty payable in pursuance of a notice under this Article is payable to the district council whose authorised officer gave the notice.
(6A) The amount of a fixed penalty payable in pursuance of a notice under this Article—
(a)is the amount specified by a district council in relation to its district, or
(b)if no amount is so specified, is £75.
(7) A district council to which a fixed penalty is payable under this Article may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the council.”.
(3) 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.”.
(4) In paragraph (9) after the words “In this Article—” insert—
““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 Article;
(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;”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: