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Clean Neighbourhoods and Environment Act 2005

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Clean Neighbourhoods and Environment Act 2005. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Background and Summary

    1. Part 1: Crime and Disorder

    2. Part 2: Vehicles

    3. Part 3: Litter and Refuse

    4. Part 4: Graffiti and Other Defacement

    5. Part 5: Waste

    6. Part 6: Dogs

    7. Part 7: Noise

    8. Part 8: Architecture and the Built Environment

    9. Parts 9 and 10

  3. Territorial Extent

  4. Territorial Application: Wales

  5. The Act

    1. Commentary on Sections

      1. Part 1: Crime and Disorder

        1. Section 1 Crime and disorder reduction strategies

        2. Section 2 Gating orders

      2. Part 2: Vehicles

        1. Nuisance Parking

          1. Section 3 Exposing vehicles for sale on a road

          2. Section 4 Repairing vehicles on a road

          3. Section 6 Power to issue fixed penalty notice

          4. Section 7 Fixed penalty notices: power to require name and address

          5. Section 8 Use of fixed penalty receipts

        2. Abandoned vehicles

          1. Section 10 Offence of abandoning a vehicle: fixed penalty notices

          2. Section 11 Notice of removal of vehicles

          3. Section 12 Disposal of abandoned vehicles

          4. Section 13 Guidance

          5. Section 14 Abandoned vehicles: supplementary

        3. Vehicles illegally parked

          1. Section 15 Notices of Removal; section 16 Disposal; section 17 Guidance

      3. Part 3: Litter and Refuse

        1. Offence of dropping litter

          1. Section 18 Extension of litter offence to all open places

          2. Section 19 Litter offence: fixed penalty notices

        2. Local authority notices

          1. Section 20 Litter clearing notices

          2. Section 21 Street litter control notices

          3. Section 22 Failure to comply with notice: fixed penalty notices

        3. Free distribution of printed matter

          1. Section 23 Controls on free distribution of printed matter

        4. General

          1. Section 24 Fixed penalty notices: common provision

          2. Section 25 Exclusion of liability

          3. Section 26 “Appropriate person”

          4. Section 27 Meaning of “litter”

      4. Part 4: Graffiti and Other Defacement

        1. Graffiti and fly-posting

          1. Section 28 Graffiti and fly-posting offences: fixed penalty notices

          2. Section 29 Fixed penalty notices: powers to require name and address

          3. Section 30 Fixed penalty notices: authorised officers

          4. Section 31 Extension of graffiti removal regime to fly-posting

          5. Section 32 Sale of aerosol paints to children

        2. Advertisements

          1. Section 33 Unlawful display of advertisements: defences

          2. Section 34 Removal of placards and posters

      5. Part 5: Waste

        1. Chapter 1: Transport of Waste

          1. Section 35 Unregistered transportation: defence of acting under employer’s instructions

          2. Section 36 Registration requirements and conditions

          3. Section 37 Enforcement powers

          4. Section 38 Failure to produce authority: fixed penalty notices

          5. Section 39 Interpretation

        2. Chapter 2: Deposit and Disposal of Waste

          1. Offence of unlawful deposit of waste

            1. Section 40 Defence of acting under employer’s instructions

            2. Section 41 Penalties on conviction

            3. Section 42 Investigation and enforcement costs

            4. Section 43 Clean-up costs

            5. Section 44 Forfeiture of vehicles

          2. Offences relating to documentation

            1. Section 45 Failure to furnish documentation: fixed penalty notices

          3. Offences: powers of seizure

            1. Section 46 Power to search and seize vehicles

          4. Local authority waste collection and disposal

            1. Section 47 Abolition of requirement to contract out waste disposal functions

            2. Section 48 Offences relating to waste receptacles: fixed penalty notices

            3. Section 49 Payments for waste recycling and disposal

            4. Section 50 Power to require owner of land to remove waste

          5. Supplementary

            1. Section 51 “Appropriate person”

            2. Section 52 Use of fixed penalty receipts

            3. Section 53 Supplementary enforcement powers

        3. Chapter 3: Site Waste

          1. Section 54 Site waste management plans

      6. Part 6: Dogs

        1. Chapter 1: Controls on Dogs

          1. Dog control orders

            1. Section 55 Powers to make dog control orders

            2. 56 Dog control orders: supplementary

            3. Section 57 Land to which Chapter 1 applies

            4. Section 58 Primary and secondary authorities

          2. Fixed Penalty Notices

            1. Section 59 Fixed penalty notices

            2. Section 60 Amount of fixed penalties

            3. Section 61 Power to require name and addresses

            4. Section 62 Community Support Officers

          3. Supplementary

            1. Section 63 Overlapping powers

            2. Section 64 Byelaws

            3. Section 65 Dogs (Fouling of Land) Act 1996

            4. Section 66 “Appropriate person”

            5. Section 67 Regulations and orders

        2. Chapter 2: Stray Dogs

          1. Section 68 Termination of police responsibility for stray dogs

      7. Part 7: Noise

        1. Chapter 1: Audible Intruder Alarms

          1. Alarm notification areas

            1. Section 69 Designation of alarm notification areas

            2. Section 70 Withdrawal of designation

            3. Section 71 Notification of nominated key-holders

            4. Section 72 Nomination of key-holders

            5. Section 73 Offences under section 71:fixed penalty notices

            6. Section 74 Amount of fixed penalty

            7. Section 75 Use of fixed penalty receipts

            8. Section 76 Fixed penalty notices: power to require name and address

          2. Powers in relation to alarms

            1. Section 77 Power of entry

            2. Section 78 Warrant to enter premises by force

            3. Section 79 Powers of entry: supplementary

          3. Supplementary

            1. Section 80 Orders and regulations

        2. Chapter 2: General

          1. Noise from premises

            1. Section 82 Noise offences: fixed penalty notices

            2. Section 83 Noise offences: use of fixed penalty receipts

            3. Section 84 and Schedule 1 Extension of Noise Act 1996 to licensed premises

            4. Section 85 Noise Act 1996: supplementary

          2. Statutory noise nuisances

            1. Section 86 Deferral of duty to serve abatement notice

      8. Part 8: Architecture and the Built Environment

        1. Commission for Architecture and the Built Environment

          1. Section 87 and Schedule 2 Commission for Architecture and the Built Environment

          2. Section 88 General functions of the Commission

          3. Section 89 Changes to the function of the Commission

          4. Section 90 Power to dissolve the Commission

          5. Section 91 Dissolution of the old Commission; Section 92 and Schedule 3 Transfer of staff, property from the old Commission

          6. Section 93 Tax

        2. Financial assistance

          1. Section 94 Architecture and the built environment: financial assistance

        3. Supplementary

          1. Section 95 Orders

      9. Part 9: Miscellaneous

        1. Use of fixed penalty receipts

          1. Section 96 Use of fixed penalty receipts: higher tier authorities

          2. Section 97 Use of fixed penalty receipts: lower tier authorities

          3. Section 98: Sections 96 and 97: supplementary

        2. Shopping and luggage trolleys

          1. Section 99 Abandoned shopping and luggage trolleys

          2. Section 100Section 99: transitional provision

        3. Statutory nuisances

          1. Section 101 Statutory nuisance: insects

          2. Section 102 Statutory nuisance: lighting

          3. Section 103Sections 101 and 102: supplementary

        4. Pollution

          1. Section 104 Contaminated Land: appeals against remediation notices

          2. Section 105 Offences relating to pollution : penalties on conviction

      10. Part 10: General

        1. Section 106 Minor and consequential amendments

        2. Section 107 Repeals

        3. Section 108 Commencement

  6. Schedules

    1. Schedule 1 Application of the Noise Act 1996 to Licensed Premises

    2. Schedule 2 The Commission for Architecture and the Built Environment

    3. Schedule 3 Transfer of staff, property from the old Commission

    4. Schedule 4 Minor and consequential amendments

    5. Schedule 5 Repeals

  7. Hansard References

  • Explanatory Notes Table of contents

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