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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 2005, Cross Heading: Advertisements is up to date with all changes known to be in force on or before 24 June 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.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(1)Section 224 of the Town and Country Planning Act 1990 (c. 8) (enforcement of control as to advertisements) is amended as follows.
(2)In subsection (5) (person not guilty of offence of displaying advertisement in contravention of regulations if he proves it was displayed without his knowledge or consent), for “that it was displayed without his knowledge or consent” substitute “ either of the matters specified in subsection (6) ”.
(3)After that subsection insert—
“(6)The matters are that—
(a)the advertisement was displayed without his knowledge; or
(b)he took all reasonable steps to prevent the display or, after the advertisement had been displayed, to secure its removal.”
(4)This section does not have effect in relation to an offence committed, or alleged to have been committed, before the commencement of this section.
(1)Section 225 of the Town and Country Planning Act 1990 (power to remove or obliterate placards and posters) is amended as follows.
(2)In subsection (3)(b) after “notice” insert “ and recover from him the costs they may reasonably incur in doing so ”.
(3)After subsection (5) insert—
(a)a local planning authority serve a notice on a person under subsection (3) in relation to a placard or poster, and
(b)the person fails to remove or obliterate it within the period specified in the notice,
the authority may recover from that person the costs they may reasonably incur in exercising their power under subsection (1).”
(4)After subsection (6) (as inserted by subsection (3) above) insert—
“(7)This subsection applies in relation to a placard or poster where—
(a)the placard or poster does not identify the person who displayed it or caused it to be displayed, or
(b)it does do so, but subsection (3) does not apply by reason of subsection (4), and
the placard or poster publicises the goods, services or concerns of an identifiable person.
(8)Where subsection (7) applies, subsections (3) to (6) have effect as if the reference in subsection (3) to the person who displayed the placard or poster or caused it to be displayed were a reference to the person whose goods, services or concerns are publicised.”
(5)After subsection (8) (as inserted by subsection (4) above) insert—
“(9)Where any damage is caused to land or chattels in the exercise of the power under subsection (1) in relation to a placard or poster, compensation may be recovered by any person suffering the damage from the local planning authority exercising the power.
(10)Subsection (9) does not permit the recovery of compensation by the person who displayed the placard or poster or caused it to be displayed.
(11)The provisions of section 118 apply in relation to compensation under subsection (9) as they apply in relation to compensation under Part 4.”
(6)In section 324 of that Act (rights of entry), omit subsection (3)(a).
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Text created by the government 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 were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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