Search Legislation

Clean Neighbourhoods and Environment Act 2005

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this provision is prospective. Help about Status

Close

Status

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:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Clean Neighbourhoods and Environment Act 2005. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

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.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

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

 Help about changes and effects
Close

Commencement Orders

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:

Prospective

46Power to search and seize vehiclesE+W
This section has no associated Explanatory Notes

(1)After section 34A of the Environmental Protection Act 1990 (c. 43) (as inserted by section 45 above), insert—

Offences under sections 33 and 34: powers of seizure etcE+W
34BPower to search and seize vehicles etc

(1)This section applies where an authorised officer of an enforcement authority or a constable reasonably believes that the grounds in subsection (2) or (3) below exist.

(2)The grounds in this subsection are that—

(a)[F1a relevant offence]F1 has been committed,

(b)a vehicle was used in the commission of the offence, and

(c)proceedings for the offence have not yet been brought against any person.

(3)The grounds in this subsection are that—

(a)[F1a relevant offence]F1 is being or is about to be committed, and

(b)a vehicle is being or is about to be used in the commission of the offence.

(4)The authorised officer or constable may—

(a)search the vehicle;

(b)seize the vehicle and any of its contents.

(5)In acting under subsection (4) above the authorised officer or constable may—

(a)stop the vehicle (but only a constable in uniform may stop a vehicle on any road);

(b)enter any premises for the purpose of searching or seizing the vehicle.

(6)A vehicle or its contents seized under subsection (4) above—

(a)by an authorised officer of an enforcement authority, are seized on behalf of that authority;

(b)by a constable in the presence of an authorised officer of an enforcement authority, are seized on behalf of that authority;

(c)by a constable without such an officer present, are seized on behalf of the waste collection authority in whose area the seizure takes place.

(7)A person commits an offence if—

(a)he fails without reasonable excuse to give any assistance that an authorised officer or constable may reasonably request in the exercise of a power under subsection (4) or (5) above;

(b)he otherwise intentionally obstructs an authorised officer or constable in exercising that power.

(8)Where an authorised officer or constable has stopped a vehicle under subsection (5)(a) above, he may require any occupant of the vehicle to give him—

(a)the occupant's name and address;

(b)the name and address of the registered owner of the vehicle;

(c)any other information he may reasonably request.

(9)A person commits an offence if—

(a)he fails without reasonable excuse to comply with a requirement under subsection (8) above;

(b)he gives information required under that subsection that is—

(i)to his knowledge false or misleading in a material way, or

(ii)given recklessly and is false or misleading in a material way.

(10)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.

(11)In this section and section 34C below—

  • authorised officer” means an officer of an enforcement authority who is authorised in writing by the authority for the purposes of this section;

  • enforcement authority” means—

    (a)

    the Environment Agency, or

    (b)

    a waste collection authority;

  • [F2relevant offence” means—

    (a)

    an offence under section 33 above, or

    (b)

    an offence under section 34 above consisting of a failure to comply with the duty imposed by subsection (1) of that section;]

  • F2road” has the same meaning as in the Road Traffic Regulation Act 1984;

  • vehicle” means any motor vehicle or trailer within the meaning of that Act or any mobile plant.

34CSeizure of vehicles etc: supplementary

(1)Where under section 34B above an authorised officer or constable seizes a vehicle or its contents (“seized property”) on behalf of an enforcement authority, the authority may remove the seized property to such a place as it considers appropriate.

(2)An enforcement authority must deal with any seized property in accordance with regulations made by the appropriate person.

(3)Regulations under subsection (2) above may in particular include provision as to—

(a)the duties of enforcement authorities in relation to the safe custody of seized property;

(b)the circumstances in which they must return any such property to a person claiming entitlement to it;

(c)the manner in which such persons, and the seized property to which they are entitled, may be determined;

(d)the circumstances in which an enforcement authority may sell, destroy or otherwise dispose of seized property;

(e)the uses to which the proceeds of any such sale may be put.

(4)Regulations making provision under subsection (3)(d) above—

(a)must (subject to paragraph (c) below) require the enforcement authority to publish a notice in such form, and to take any other steps, as may be specified in the regulations for informing persons who may be entitled to the seized property that it has been seized and is available to be claimed;

(b)must (subject to paragraph (c) below) prohibit the authority from selling, destroying or otherwise disposing of any seized property unless a period specified in the regulations has expired without any obligation arising under the regulations for the authority to return the property to any person;

(c)may allow for the requirements in paragraphs (a) and (b) above to be dispensed with if the condition of the seized property requires its disposal without delay.

(5)The appropriate person may issue guidance to enforcement authorities in relation to the performance of their functions under regulations under subsection (2) above.

(2)In section 71 of that Act (obtaining information from persons and authorities)—

(a)after subsection (2) insert—

(2A)A waste collection authority has the power referred to in subsection (2) for the purpose of the discharge of its functions under sections 34B and 34C above.;

(b)in subsection (3) after “subsection (2)” insert “ or (2A) ”.

Annotations: Help about Annotation
Close

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.

Amendments (Textual)

F1In s. 46(1) in the new s. 34B to be inserted in the 1990 Act words substituted (21.11.2005) by The Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005 (S.I. 2005/2900), reg. 3(2)

F2In s. 46(1) in the new s. 34B to be inserted in the 1990 Act definition of "relevant offence" inserted (21.11.2005) by The Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005 (S.I. 2005/2900), reg. 3(3)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources