Search Legislation

Clean Neighbourhoods and Environment Act (Northern Ireland) 2011

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

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:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Clean Neighbourhoods and Environment Act (Northern Ireland) 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

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.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

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

 Help about changes and effects
Close

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:

Prospective

Section 77.

SCHEDULE 3N.I.MINOR AND CONSEQUENTIAL AMENDMENTS

This schedulenoteType=Explanatory Notes has no associated

PART 1 N.I.VEHICLES

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

1  In Article 86—N.I.

(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)N.I.

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 ”.N.I.

PART 2 N.I.LITTER

The Litter (Northern Ireland) Order 1994 (NI 10)N.I.

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

(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 N.I.STATUTORY NUISANCE

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

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 ”.N.I.

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

5  In section 35—N.I.

(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)N.I.

6  In section 72—N.I.

(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)N.I.

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 ”.N.I.

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

8  In section 129—N.I.

(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)N.I.

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

(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)N.I.

10  (1)  In Article 25(5)—N.I.

(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)N.I.

11  In Article 10—N.I.

(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)N.I.

12  (1)  In Article 74(1) for sub-paragraph (b) substitute—N.I.

(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)N.I.

13  In Schedule 3—N.I.

(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)N.I.

14  (1)  In section 10(7)—N.I.

(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)N.I.

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 ”.N.I.

The Private Tenancies (Northern Ireland) Order 2006 (NI 10)N.I.

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 ”.N.I.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources