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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, SCHEDULE 4 is up to date with all changes known to be in force on or before 01 July 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:
1In section 325 of the Highways Act 1980, in subsection (2)(a), after “subsection (2A) below” insert “ or regulations made by the National Assembly for Wales under Part 8A ”.E+W
2The Environmental Protection Act 1990 is amended as follows.E+W
3(1)Section 52 is amended as follows.E+W
(2)After subsection (4) insert—
“(4A)The Secretary of State may by regulations impose on waste disposal authorities in England a duty to make payments corresponding to the payments which are authorised by subsection (3)(a) above to such persons in such circumstances and in respect of such descriptions or quantities of waste as are specified in the regulations.”
(3)In subsection (5)—
(a)after “authorities” insert “ in Wales ”; and
(b)for “subsection (3)” substitute “ subsection (3)(b) ”.
(4)In subsection (6), for “subsections (1), (3)” substitute “ subsections (1)(b), (3)(b) ”.
(5)In subsection (7), for “subsections (2) and (4)” substitute “ subsections (2)(b) and (4)(b) ”.
(6)In subsection (8), for “subsections (1), (2), (3), (4)” substitute “ subsections (1)(b), (2)(b), (3)(b), (4)(b) ”.
4In section 60(1)—E+W
(a)in paragraph (a), for the words from “a waste disposal contractor” to the end substitute “ or under arrangements made with a waste disposal authority or by any other local authority or person ”;
(b)in paragraph (b), for the words from “a waste disposal contractor” to the end substitute “ or under arrangements made with a waste disposal authority, by a parish or community council or by a holder of a waste management licence; or ”.
5In section 89(1), at the end of paragraph (e) insert “ and ”.E+W
6In section 91(1), at the end of paragraph (e) insert “ or ”.E+W
7In section 92(1), at the end of paragraph (b) insert “ or ”.E+W
8In section 95(1), after paragraph (b) insert “and E+W
(c)all orders made by the authority under paragraph 2(1) of Schedule 3A.”
9In section 96(1)(b), after “section 92(9)” insert “ or 92C(3) ”.E+W
10(1)Section 161 is amended as follows.E+W
(2)In subsection (1) after “Secretary of State” insert “ , National Assembly for Wales ”.
(3)After subsection (2), insert—
“(2A)Subsection (2) does not apply to a statutory instrument made solely by the National Assembly for Wales.”
(4)In subsection (4), at the end insert “or
(c)which is made solely by the National Assembly for Wales.”
11(1)Section 8 of the Control of Pollution (Amendment) Act 1989 is amended as follows.E+W
(2)In subsection (1), after “regulations” insert “ or orders ”.
(3)After that subsection insert—
“(1A)The powers of the National Assembly for Wales to make regulations or orders under sections 5 to 5C above are exercisable by statutory instrument.”
(4)In subsection (2)—
(a)after “Regulations” insert “ or orders ”;
(b)in paragraph (a) for “Secretary of State” substitute “ person making the regulations or order ”.
12The Anti-social Behaviour Act 2003 is amended as follows.E+W
13In section 41(3), in the definition of “temporary event notice” for “section 170(6)” substitute “ section 171(6) ”.E+W
14In section 45, for subsection (1) substitute—E+W
“(1)The fixed penalty payable in pursuance of a notice under section 43(1) is payable to the local authority whose authorised officer gave the notice.”
15In section 47(1), after “sections 43” insert “ to 43B ”.E+W
16In the cross-heading preceding section 48, after “graffiti” insert “ and fly-posting ”.E+W
17(1)Section 48 is amended as follows.E+W
(2)In the heading, for “Graffiti removal notices” substitute “ Defacement removal notices ”.
(3)In subsections (2) and (6), for “graffiti removal notice” substitute “ defacement removal notice ”.
(4)In subsection (7), for “graffiti removal notices” substitute “ defacement removal notices ”.
(5)In subsection (8)(a), for “graffiti removal notice” substitute “ defacement removal notice ”.
(6)In subsection (12), for ““graffiti removal notice”” substitute “defacement removal notice” .
(7)In that subsection, in the definition of “local authority”, at the end insert “ but not a parish or community council ”.
18In sections 49(1) and 51(1) and (3), for “graffiti removal notice” substitute “ defacement removal notice ”.E+W
19In the heading to section 52, for “graffiti removal notices” substitute “ defacement removal notices ”.E+W
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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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