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Clean Neighbourhoods and Environment Act 2005

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Clean Neighbourhoods and Environment Act 2005 is up to date with all changes known to be in force on or before 23 April 2018. 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. Help about Changes to Legislation

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Commencement Orders yet to be applied to the Clean Neighbourhoods and Environment Act 2005

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Commencement Orders

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Commencement Orders bringing provisions within this Act into force:

SCHEDULES

Section 84

SCHEDULE 1E+WApplication of the Noise Act 1996 to licensed premises etc

1The Noise Act 1996 (c. 37) is amended as follows.E+W

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Commencement Information

I1Sch. 1 para. 1 in force at 1.10.2006 for E. by S.I. 2006/2006, art. 2

I2Sch. 1 para. 1 in force at 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. by S.I. 2006/2797, art. 4(kk)

2In the heading to section 2, omit “from a dwelling”.E+W

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Commencement Information

I3Sch. 1 para. 2 in force at 6.4.2006 for E. by S.I. 2006/795, art. 2(3), Sch. 2

I4Sch. 1 para. 2 in force at 27.10.2006 for W. by S.I. 2006/2797, art. 2(p)

3(1)Section 2 (investigations of complaints of noise) is amended as follows.E+W

(2)In subsection (2), after “emitted from” insert “ (a) ” and at the end insert , or

(b)any premises in respect of which a premises licence or a temporary event notice has effect (referred to in this group of sections as “the offending premises”).

(3)In subsection (4)(a), after “the offending dwelling” insert “ or the offending premises ”.

(4)In subsection (7)—

(a)after “the offending dwelling is” insert “ , or the offending premises are, ”;

(b)after “if the offending dwelling” insert “ or the offending premises ”.

(5)After subsection (7) insert—

(7A)In this group of sections—

premises licence” has the same meaning as in the Licensing Act 2003 (c. 17);

temporary event notice” has the same meaning as in the Licensing Act 2003 (and is to be treated as having effect in accordance with section 171(6) of that Act).

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Commencement Information

I5Sch. 1 para. 3 in force at 1.10.2006 for E. by S.I. 2006/2006, art. 2

I6Sch. 1 para. 3 in force at 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. by S.I. 2006/2797, art. 4(kk)

4(1)Section 3 (warning notices) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a)(i), after “offending dwelling” insert “ or the offending premises ”;

(b)for paragraph (b) substitute—

(b)give warning—

(i)in a case where the complaint is in respect of a dwelling, that any person who is responsible for noise which is emitted from the offending dwelling in the period specified in the notice and which exceeds the permitted level, as measured from within the complainant's dwelling, may be guilty of an offence;

(ii)in a case where the complaint is in respect of other premises, that the responsible person in relation to the offending premises may be guilty of an offence if noise which exceeds the permitted level, as measured from within the complainant's dwelling, is emitted from the premises in the period specified in the notice.

(3)In subsection (3), at the beginning insert “ In a case where the complaint is in respect of a dwelling, ”.

(4)After subsection (3) insert—

(3A)In a case where the complaint is in respect of other premises, a warning notice must be served by delivering it to the person who appears to the officer of the authority to be the responsible person in relation to the offending premises at the time the notice is delivered.

(5)After subsection (5) insert—

(6)For the purposes of this group of sections, the responsible person in relation to premises at a particular time is—

(a)where a premises licence has effect in respect of the premises—

(i)the person who holds the premises licence if he is present at the premises at that time,

(ii)where that person is not present at the premises at that time, the designated premises supervisor under the licence if he is present at the premises at that time, or

(iii)where neither of the persons mentioned in sub-paragraphs (i) and (ii) is present at the premises at that time, any other person present at the premises at that time who is in charge of the premises;

(b)where a temporary event notice has effect in respect of the premises—

(i)the premises user in relation to that notice if he is present at the premises at that time, or

(ii)where the premises user is not present at the premises at that time, any other person present at the premises at that time who is in charge of the premises.

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Commencement Information

I7Sch. 1 para. 4 in force at 1.10.2006 for E. by S.I. 2006/2006, art. 2

I8Sch. 1 para. 4 in force at 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. by S.I. 2006/2797, art. 4(kk)

5In the heading to section 4, after “where noise” insert “ from a dwelling ”.E+W

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Commencement Information

I9Sch. 1 para. 5 in force at 1.10.2006 for E. by S.I. 2006/2006, art. 2

I10Sch. 1 para. 5 in force at 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. by S.I. 2006/2797, art. 4(kk)

6After section 4 insert—E+W

4AOffence where noise from other premises exceeds permitted level after service of notice

(1)If—

(a)a warning notice has been served under section 3 in respect of noise emitted from premises,

(b)noise is emitted from the premises in the period specified in the notice, and

(c)the noise exceeds the permitted level, as measured from within the complainant's dwelling,

the responsible person in relation to the offending premises at the time at which the noise referred to in paragraph (c) is emitted is guilty of an offence.

(2)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Commencement Information

I11Sch. 1 para. 6 in force at 1.10.2006 for E. by S.I. 2006/2006, art. 2

I12Sch. 1 para. 6 in force at 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. by S.I. 2006/2797, art. 4(kk)

7(1)Section 5 (permitted level of noise) is amended as follows.E+W

(2)In subsection (1)—

(a)for “the Secretary of State” substitute “ the appropriate person ”;

(b)after “from any dwelling” insert “ or other premises ”.

(3)In subsection (4), for “The Secretary of State” substitute “ The appropriate person ”.

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Commencement Information

I13Sch. 1 para. 7(1)(2)(b) in force at 1.10.2006 for E. by S.I. 2006/2006, art. 2

I14Sch. 1 para. 7(1)(2)(b) in force at 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. by S.I. 2006/2797, art. 4(kk)

I15Sch. 1 para. 7(2)(a)(3) in force at 6.4.2006 for E. by S.I. 2006/795, art. 2(3), Sch. 2

I16Sch. 1 para. 7(2)(a)(3) in force at 27.10.2006 for W. by S.I. 2006/2797, art. 2(p)

8(1)Section 6 (approval of measuring devices) is amended as follows.E+W

(2)In subsection (1), for “the Secretary of State” substitute “ the appropriate person ”.

(3)In subsection (3), after “section 4” insert “ or 4A ”.

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Commencement Information

I17Sch. 1 para. 8(1)(3) in force at 1.10.2006 for E. by S.I. 2006/2006, art. 2

I18Sch. 1 para. 8(1)(3) in force at 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. by S.I. 2006/2797, art. 4(kk)

I19Sch. 1 para. 8(2) in force at 6.4.2006 for E. by S.I. 2006/795, art. 2(3), Sch. 2

I20Sch. 1 para. 8(2) in force at 27.10.2006 for W. by S.I. 2006/2797, art. 2(p)

9(1)Section 7 (evidence) is amended as follows.E+W

(2)In subsection (1), after “section 4” insert “ or 4A ”.

(3)After subsection (3) insert—

(3A)In proceedings for an offence under section 4A, evidence that noise, or noise of any kind, measured by a device at any time was noise emitted from any other premises may be given by the production of a document—

(a)signed by an officer of the local authority, and

(b)stating that he had identified those premises as the source at that time of the noise or, as the case may be, noise of that kind.

(4)In subsection (4), for “or (3)(a)” substitute “ , (3)(a) or (3A)(a) ”.

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Commencement Information

I21Sch. 1 para. 9 in force at 1.10.2006 for E. by S.I. 2006/2006, art. 2

I22Sch. 1 para. 9 in force at 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. by S.I. 2006/2797, art. 4(kk)

10(1)Section 8 (fixed penalty notices) is amended as follows.E+W

(2)In subsection (1), after “section 4” insert “ or 4A ”.

(3)In subsection (2)(b), after “the offending dwelling” insert “ or the offending premises (as the case may be) ”.

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Commencement Information

I23Sch. 1 para. 10 in force at 1.10.2006 for E. by S.I. 2006/2006, art. 2

I24Sch. 1 para. 10 in force at 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. by S.I. 2006/2797, art. 4(kk)

11(1)Section 8A (amount of fixed penalty), as inserted by section 82 of this Act, is amended as follows.E+W

(2)In subsection (2), at the beginning insert “ In the case of an offence under section 4 ”.

(3)After subsection (2) insert—

(2A)In the case of an offence under section 4A the amount of the fixed penalty is £500.

(4)In subsection (3), after “the fixed penalty” insert “ payable in the case of an offence under section 4 ”.

(5)In subsection (6), after “(2)(b)” insert “ or (2A) ”.

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Commencement Information

I25Sch. 1 para. 11 in force at 1.10.2006 for E. by S.I. 2006/2006, art. 2

I26Sch. 1 para. 11 in force at 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. by S.I. 2006/2797, art. 4(kk)

12(1)Section 9 (section 8: supplementary) is amended as follows.E+W

(2)In subsection (1), for “the Secretary of State” substitute “ the appropriate person ”.

(3)After subsection (2) insert—

(2A)If a fixed penalty notice is given to a person in respect of noise emitted from other premises in any period in a warning notice—

(a)no further fixed penalty notice may be given to that person in respect of noise emitted from the premises during that period, but

(b)that person may be convicted of a further offence under section 4A in respect of noise emitted from the premises after the fixed penalty notice is given and before the end of that period.

(4)In subsections (4A)(b) and (4C), for each occurrence of “the Secretary of State” substitute “ the appropriate person ”.

(5)In subsection (4D), for “The Secretary of State” substitute “ The appropriate person ”.

(6)In subsections (4E) and (4F), for each occurrence of “the Secretary of State” substitute “ the appropriate person ”.

(7)In subsection (5), after “section 4” insert “ or 4A ”.

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Commencement Information

I27Sch. 1 para. 12(1)(3)(7) in force at 1.10.2006 for E. by S.I. 2006/2006, art. 2

I28Sch. 1 para. 12(1)(3)(4)(7) in force at 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. by S.I. 2006/2797, art. 4(kk)

I29Sch. 1 para. 12(2)(5)(6) in force at 6.4.2006 for E. by S.I. 2006/795, art. 2(3), Sch. 2

I30Sch. 1 para. 12(2)(5)(6) in force at 27.10.2006 for W. by S.I. 2006/2797, art. 2(p)

I31Sch. 1 para. 12(4) in force at 14.3.2006 for E. by S.I. 2006/795, art. 2(1), Sch. 1

13(1)Section 10 (powers of entry and seizure etc) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a), after “a dwelling” insert “ or other premises ”;

(b)in paragraph (b), after “the dwelling” insert “ or other premises ”.

(3)In subsection (2), after “the dwelling” insert “ or other premises ”.

(4)In subsection (4)—

(a)in paragraph (a), after “a dwelling” insert “ or other premises ”;

(b)in paragraph (b), after “the dwelling” insert “ or other premises ”;

(c)in paragraph (c), after “the dwelling” insert “ or other premises ”;

(d)after “to enter the” insert “ dwelling or other ”.

(5)In subsection (5)—

(a)after “enters any” insert “ dwelling or other ”;

(b)for the words from “the premises are unoccupied” to the end substitute “ the dwelling is, or the other premises are, unoccupied, must leave it or them as effectively secured against trespassers as he found it or them. ”

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Commencement Information

I32Sch. 1 para. 13 in force at 1.10.2006 for E. by S.I. 2006/2006, art. 2

I33Sch. 1 para. 13 in force at 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. by S.I. 2006/2797, art. 4(kk)

14In the Schedule (powers in relation to seized equipment) in paragraph 1(a)(i), after “section 4” insert “ or q4A ”.E+W

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Commencement Information

I34Sch. 1 para. 14 in force at 1.10.2006 for E. by S.I. 2006/2006, art. 2

I35Sch. 1 para. 14 in force at 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. by S.I. 2006/2797, art. 4(kk)

Section 87

SCHEDULE 2E+WCommission for Architecture and the Built Environment

StatusE+W

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

MembershipE+W

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

TenureE+W

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Staff etcE+W

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

CommitteesE+W

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Remuneration etcE+W

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

DelegationE+W

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

ProceedingsE+W

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

AccountsE+W

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annual reportE+W

F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Instruments and authenticationE+W

F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

RecordsE+W

12In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public records), at the appropriate place in Part 2 of the Table at the end of paragraph 3 insert— “ Commission for Architecture and the Built Environment. ”E+W

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Commencement Information

I36Sch. 2 para. 12 in force at 1.1.2006 by S.I. 2005/3439, art. 2

DisqualificationE+W

13In the House of Commons Disqualification Act 1975 (c. 24), in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate place insert— “ Commission for Architecture and the Built Environment. ”E+W

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Commencement Information

I37Sch. 2 para. 13 in force at 1.1.2006 by S.I. 2005/3439, art. 2

Transitional provisionsE+W

F214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

InterpretationE+W

F315. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Section 92

SCHEDULE 3E+WTransfer of staff, property etc from the old Commission

Transfer of staffE+W

F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Transfer of property, rights and liabilitiesE+W

F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

8So far as is necessary or appropriate in consequence of paragraph 3, on and after the appointed day a reference to the old Commission in an enactment, instrument or other document is to be treated as a reference to the Commission.E+W

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Commencement Information

I38Sch. 3 para. 8 in force at 1.1.2006 by S.I. 2005/3439, art. 2

The appointed dayE+W

9The appointed day is the day on which section 92 comes into force.E+W

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Commencement Information

I39Sch. 3 para. 9 in force at 1.1.2006 by S.I. 2005/3439, art. 2

Section 106

SCHEDULE 4E+WMinor and consequential amendments

Highways Act 1980 (c. 66)E+W

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

Environmental Protection Act 1990 (c. 43)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) ”.

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Commencement Information

I41Sch. 4 para. 3(6) in force at 6.4.2006 for specified purposes by S.I. 2006/656, art. 3(e)(ii)

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 ”.

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Commencement Information

I42Sch. 4 para. 4 in force at 18.10.2005 for E. by S.I. 2005/2896, art. 3(i)

I43Sch. 4 para. 4 in force at 16.3.2006 for W. by S.I. 2006/768, art. 2(c)

5In section 89(1), at the end of paragraph (e) insert “ and ”.E+W

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Commencement Information

I44Sch. 4 para. 5 in force at 6.3.2007 for E. by S.I. 2007/390, art. 2(a)

I45Sch. 4 para. 5 in force at 18.1.2008 for W. by S.I. 2007/3371, art. 2(a)

6In section 91(1), at the end of paragraph (e) insert “ or ”.E+W

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Commencement Information

I46Sch. 4 para. 6 in force at 6.3.2007 for E. by S.I. 2007/390, art. 2(a)

I47Sch. 4 para. 6 in force at 18.1.2008 for W. by S.I. 2007/3371, art. 2(a)

F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F5Sch. 4 para. 7 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(viii)(ee) (as renumbered (20.10.2014) by S.I. 2014/2754, arts. 1, 3(b))

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.

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Commencement Information

I48Sch. 4 para. 8 in force at 6.3.2007 for E. by S.I. 2007/390, art. 2(a)

I49Sch. 4 para. 8 in force at 18.1.2008 for W. by S.I. 2007/3371, art. 2(a)

9In section 96(1)(b), after “section 92(9)” insert “ or 92C(3) ”.E+W

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Commencement Information

I50Sch. 4 para. 9 in force at 6.3.2007 for E. by S.I. 2007/390, art. 2(a)

I51Sch. 4 para. 9 in force at 18.1.2008 for W. by S.I. 2007/3371, art. 2(a)

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.

Control of Pollution (Amendment) Act 1989 (c. 14)E+W

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 ”.

Anti-social Behaviour Act 2003 (c. 38)E+W

12The Anti-social Behaviour Act 2003 is amended as follows.E+W

F613. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F6Sch. 4 para. 13 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(viii)(ee) (as renumbered (20.10.2014) by S.I. 2014/2754, arts. 1, 3(b))

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.

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Commencement Information

I52Sch. 4 para. 14 in force at 6.3.2007 for E. by S.I. 2007/390, art. 2(b)

I53Sch. 4 para. 14 in force at 18.1.2008 for W. by S.I. 2007/3371, art. 2(a)

15In section 47(1), after “sections 43” insert “ to 43B ”.E+W

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Commencement Information

I54Sch. 4 para. 15 in force at 6.3.2007 for E. by S.I. 2007/390, art. 2(b)

I55Sch. 4 para. 15 in force at 18.1.2008 for W. by S.I. 2007/3371, art. 2(a)

F716. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F7Sch. 4 paras. 16-19 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(viii)(ee) (as renumbered (20.10.2014) by S.I. 2014/2754, arts. 1, 3(b))

F717. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F7Sch. 4 paras. 16-19 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(viii)(ee) (as renumbered (20.10.2014) by S.I. 2014/2754, arts. 1, 3(b))

F718. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F7Sch. 4 paras. 16-19 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(viii)(ee) (as renumbered (20.10.2014) by S.I. 2014/2754, arts. 1, 3(b))

F719. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F7Sch. 4 paras. 16-19 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(viii)(ee) (as renumbered (20.10.2014) by S.I. 2014/2754, arts. 1, 3(b))

Section 107

SCHEDULE 5E+WRepeals

Part 1 E+WVehicles

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Commencement Information

I56Sch. 5 Pt. 1 in force at 18.10.2005 for specified purposes for E. by S.I. 2005/2896, art. 3(j)

I57Sch. 5 Pt. 1 in force at 27.10.2006 for specified purposes for W. by S.I. 2006/2797, art. 2(t)

I58Sch. 5 Pt. 1 is partly in force; Sch. 5 Pt. 1 in force for certain purposes at 7.6.2005, see s. 108(4)

Short title and chapterExtent of repeal
Refuse Disposal (Amenity) Act 1978 (c. 3)

In section 3—

(a)

subsection (5);

(b)

in subsection (8), the words from “, other than” to “subsection (5) above,”.

In section 4—

(a)

in subsection (1), the words from “but not earlier” to the end;

(b)

subsection (2).

Greater London Council (General Powers) Act 1982 (c.i)Section 5.
Road Traffic Regulation Act 1984 (c. 27)

Section 99(4).

In section 101(3)—

(a)

in paragraph (a), the words from “and on which” to “at the time of its removal”;

(b)

the words from “but, in a case” to the end.

London Local Authorities Act 2004 (c. i)

Section 3.

Section 11.

Part 2 E+WLitter and refuse

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Commencement Information

I59Sch. 5 Pt. 2 in force at 6.4.2006 for specified purposes for E. by S.I. 2006/795, art. 2(3), Sch. 2 (with art. 3)

I60Sch. 5 Pt. 2 in force at 6.3.2007 for E. in so far as not already in force by S.I. 2007/390, art. 2(c)

I61Sch. 5 Pt. 2 in force at 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. by S.I. 2006/2797, art. 4(oo)

Short title and chapterExtent of repeal
Environmental Protection Act 1990 (c. 43)

Section 86(12).

Section 89(1)(g) and the preceding “and”.

Section 90.

Section 91(1)(g) and the preceding “or”.

In section 92—

(a)

subsection (1)(d) and the preceding “or”;

(b)

subsection (3)(d).

In section 94(3), the words from “but a specified area” to the end.

Section 95(1)(a).

London Local Authorities Act 1994 (c. xii)Section 4.
City of Newcastle upon Tyne Act 2000 (c. viii)Sections 21 and 22.

Part 3 E+WGraffiti and other defacement

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Commencement Information

I62Sch. 5 Pt. 3 in force at 6.4.2006 for E. by S.I. 2006/795, art. 2(3), Sch. 2

I63Sch. 5 Pt. 3 in force at 18.1.2008 for specified purposes for W. by S.I. 2007/3371, art. 2(b)

I64Sch. 5 Pt. 3 is partly in force; Sch. 5 Pt. 3 in force for certain purposes at 7.6.2005, see s. 108(4)

Short title and chapterExtent of repeal
Town and Country Planning Act 1990 (c. 8)Section 324(3)(a).
London Local Authorities Act 1995 (c. x)Section 10.
Anti-social Behaviour Act 2003 (c. 38)Section 43(10) and (11).
London Local Authorities Act 2004 (c. i)Section 25.

Part 4E+WWaste

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Commencement Information

I65Sch. 5 Pt. 4 in force for certain purposes at 7.6.2005, see s. 108(4)

I66Sch. 5 Pt. 4 in force at 18.10.2005 for specified purposes for E. by S.I. 2005/2896, art. 3(k) (with art. 6) (as amended by S.I. 2006/1002, art. 2)

I67Sch. 5 Pt. 4 in force at 16.3.2006 for specified purposes for W. by S.I. 2006/768, art. 2(d) (with art. 5) (as amended by S.I. 2006/2797, art. 11)

I68Sch. 5 Pt. 4 in force at 6.4.2015 for specified purposes and for further specified purposes immediately after the coming into force of S.I. 2015/426 by S.I. 2015/425, art. 4(2)(3) (with art. 5)

Short title and chapterExtent of repeal
Control of Pollution (Amendment) Act 1989 (c. 14)

Section 1(4)(c) and the preceding “or”.

In section 2—

(a)

in subsection (2)(c), the words “free of charge”;

(b)

subsection (2)(d);

(c)

in subsection (2)(e), the words “free of charge”;

(d)

subsection (3)(b);

(e)

subsection (3A)(a).

Section 6.

Environmental Protection Act 1990 (c. 43)

Section 30(5).

Section 32.

Section 33(7)(b).

In section 48—

(a)

in subsection (4), the words “with a waste disposal contractor” and “for the contractor”;

(b)

in subsection (6), the words “, subject to subsection (7) below,”;

(c)

subsection (7).

In section 51—

(a)

in subsection (1), the words from “in either case” to the end;

(b)

subsection (4)(b) to (d);

(c)

subsections (5) and (6).

In section 55(2)(a) and (b), the words “with waste disposal contractors for them”.

In section 60(2)(a) and (b), the word “, contractor”.

In section 77—

(a)

in subsection (1), the definitions of “existing disposal authority”, “existing disposal plan”, “relevant part of its undertaking” and “the vesting date”;

(b)

subsection (4);

(c)

subsections (6) to (9).

Schedule 2.

Part 5 E+WDog controls

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Commencement Information

I69Sch. 5 Pt. 5 in force at 6.4.2006 for E. by S.I. 2006/795, art. 2(3), Sch. 2 (with art. 4)

I70Sch. 5 Pt. 5 in force at 15.3.2007 (being the date on which S.I. 2007/702 came into force) for W. by S.I. 2006/2797, art. 5(g) (with art. 10(1)(3)(b)) (as amended by S.I. 2007/120, art. 3(a)(b)(i)(j))

Short title and chapterExtent of repeal
Dogs (Fouling of Land) Act 1996 (c. 20)The whole Act.
Police Reform Act 2002 (c. 30)

In Schedule 4, paragraph 1(2)(c).

In Schedule 5, paragraph 1(2)(b).

Part 6 E+WStray dogs

Annotations: Help about Annotation
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Commencement Information

I71Sch. 5 Pt. 6 in force at 6.4.2008 by S.I. 2008/956, art. 2(b)

Short title and chapterExtent of repeal
Dogs Act 1906 (c. 32)Sections 3 and 4.
Dogs (Amendment) Act 1928 (c. 21)Section 2.
Local Government Act 1988 (c. 9)Section 39.
Environmental Protection Act 1990 (c. 43)

In the heading to section 150, the words “police or”.

In section 150—

(a)

in subsection (1), in paragraph (b), sub-paragraph (ii) and the preceding “or”;

(b)

in that subsection, the words from “or the police officer” to “as the case may be,”.

In Schedule 15, paragraph 3.

Part 7 E+WNoise

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I72Sch. 5 Pt. 7 in force at 6.4.2006 for E. by S.I. 2006/795, art. 2(3), Sch. 2

I73Sch. 5 Pt. 7 in force at 18.1.2008 for specified purposes for W. by S.I. 2007/3371, art. 2(c)

Short title and chapterExtent of repeal
London Local Authorities Act 1991 (c. xiii)Section 23.
Noise and Statutory Nuisance Act 1993 (c. 40)

Section 9.

Schedule 3.

Noise Act 1996 (c. 37)

In the heading to section 2, the words “from a dwelling”.

Section 8(8).

Section 9(3).

In section 9(4A), the word “and” at the end of paragraph (a).

Part 8 E+WArchitecture and the built environment

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I74Sch. 5 Pt. 8 in force at 1.1.2006 by S.I. 2005/3439, art. 2

Short title and chapterExtent of repeal
Environmental Protection Act 1990In section 153(1), the paragraph (rr) inserted by article 2 of the Financial Assistance for Environmental Purposes (England) Order 2003 (S.I. 2003/714).

Part 9 E+WUse of fixed penalty receipts

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I75Sch. 5 Pt. 9 in force at 6.4.2006 for specified purposes for E. by S.I. 2006/795, art. 2(3), Sch. 2 (with art. 4)

I76Sch. 5 Pt. 9 in force at 6.3.2007 for E. in so far as not already in force by S.I. 2007/390, art. 2(d)

I77Sch. 5 Pt. 9 in force at 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W. for specified purposes by S.I. 2006/2797, art. 4(pp) (with art. 10(3)(c))

I78Sch. 5 Pt. 9 in force at 18.1.2008 for specified purposes for W. by S.I. 2007/3371, art. 2(d)

I79Sch. 5 Pt. 9 in force at 3.3.2015 for W. in so far as not already in force by S.I. 2015/425, art. 3

Short title and chapterExtent of repeal
Local Government Act 2003 (c. 26)

Section 100(2)(f).

Section 119.

Anti-social Behaviour Act 2003 (c. 38)Section 45(3) to (9).

Part 10 E+WContaminated land

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I80Sch. 5 Pt. 10 in force at 4.8.2006 for specified purposes for E. by S.I. 2006/1361, art. 2

I81Sch. 5 Pt. 10 in force at 10.12.2006 (being the day on which S.I. 2006/2989 came into force) for W. by S.I. 2006/768, art. 4(b)

Short title and chapterExtent of repeal
Environmental Protection Act 1990 (c. 43)

In section 78L—

(a)

in subsection (4), paragraph (b) and, in paragraph (c), the words from “or on” to the end;

(b)

in subsection (6), the words “, so far as relating to appeals to the Secretary of State,”.

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