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Clean Neighbourhoods and Environment Act 2005

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88General functions of the CommissionE+W

This section has no associated Explanatory Notes

(1)The functions of the Commission are the promotion of education and high standards in, and understanding and appreciation of—

(a)architecture, and

(b)the design, management and maintenance of the built environment.

(2)The Commission must discharge its functions in relation to England and may also discharge them in relation to any other place it thinks appropriate.

(3)The Commission may, for any purpose connected with the discharge of its functions—

(a)provide, or assist in the provision of, public works, services and amenities;

(b)take any other steps it thinks appropriate.

(4)The steps that the Commission has power to take under subsection (3)(b) include in particular—

(a)providing advice and developing and reviewing projects (whether or not it is requested to do so);

(b)providing financial assistance;

(c)carrying out or supporting the carrying out of research;

(d)commissioning or assisting in the commissioning of works of art;

(e)establishing and administering charities;

(f)inviting and accepting financial assistance and gifts (financial or otherwise);

(g)entering into funding or other arrangements or agreements;

(h)exploiting intellectual property or any other intangible asset;

(i)making investments, subject to subsection (5);

(j)acquiring or disposing of land, subject to subsection (6);

(k)forming or participating in the formation of bodies corporate, subject to subsection (6).

(5)The Commission may make an investment only if the form or manner of the investment has been approved by the Secretary of State.

(6)The Commission may—

(a)acquire or dispose of land, or

(b)form or participate in the formation of a body corporate,

only with the consent of the Secretary of State.

(7)If the Commission has power to take any steps under subsection (3), it may take them anywhere it thinks appropriate.

(8)The Commission may make charges in respect of any service provided by it.

(9)In discharging its functions the Commission must have regard to national policies and advice relating to sustainable development contained in guidance issued by the Secretary of State.

(10)In this section—

  • the built environment” includes—

    (a)

    any structure or area built or designed for human use (such as squares, parks and recreation areas);

    (b)

    any area available for public use which is in the vicinity of such a structure or within or in the vicinity of such an area;

  • intellectual property” means—

    (a)

    any patent, trade mark, registered design, copyright, design right, right in performance or plant breeder's right;

    (b)

    any rights under the law of a country outside the United Kingdom which correspond or are similar to those falling within paragraph (a).

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