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Clean Neighbourhoods and Environment Act (Northern Ireland) 2011

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Changes to legislation:

Clean Neighbourhoods and Environment Act (Northern Ireland) 2011, PART 8 is up to date with all changes known to be in force on or before 17 August 2017. 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. Help about Changes to Legislation

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Commencement Orders yet to be applied to the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011

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Commencement Orders

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.

Commencement Orders bringing legislation that affects this Act into force:

PART 8 N.I.MISCELLANEOUS AND SUPPLEMENTARY

Prospective

Use of fixed penalty receiptsN.I.

Use of penalty receiptsN.I.

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.

Prospective

Increase of penalty for pollution offencesN.I.

Offences relating to pollution etc.: penalties on convictionN.I.

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 ”.

Prospective

Offences by bodies corporateN.I.

Offences by bodies corporateN.I.

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.

SupplementaryN.I.

Regulations and ordersN.I.

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.

InterpretationN.I.

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).

Prospective

Minor and consequential amendments and repealsN.I.

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.

CommencementN.I.

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 titleN.I.

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

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