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Clean Neighbourhoods and Environment Act 2005

Section 88 General functions of the Commission

232.Section 88 sets out the general functions of the Commission, where it may operate, its powers and the conditions which apply to them. The functions of the Commission, which broadly reflect the objects of the old Commission under its memorandum of association, are the promotion of education and high standards in, and an understanding and appreciation of, architecture and the design, management and maintenance of the built environment.

233.Subsection (4) describes some of the specific powers that the Commission has for the purpose of discharging its functions. Again, these broadly reflect the powers of the old Commission, which are set out in its memorandum of association.

234.In subsection (9) the Commission is required, in discharging its functions, to have regard to national policies and advice relating to sustainable development contained in guidance issued by the Secretary of State. This provision is included in recognition of government's aim to deliver sustainable development. Policy in this area is broad in its aims in that it relates to social, economic and environmental factors.

235.Subsection (10) defines the “built environment” in terms that allow the Commission to carry out its functions not only in relation to buildings and structures but also in relation to open spaces designed for human use (such as parks and, recreation areas). It also ensures that the Commission’s remit covers any other area available for public use which is in the vicinity of a structure or “man-made” open space. This part of the definition is designed to ensure that natural areas such as commons, heaths and beaches in the vicinity of seaside towns can be within the Commission’s jurisdiction.

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