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The Anti-social Behaviour Act 2003 (Commencement No. 3) (Wales) Order 2004

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Welsh Statutory Instruments

2004 No. 3238 (W.281) (C.144)

LAND, WALES

ANTI-SOCIAL BEHAVIOUR, WALES

The Anti-social Behaviour Act 2003 (Commencement No. 3) (Wales) Order 2004

Made

8 December 2004

The National Assembly for Wales, in exercise of the powers conferred upon it by section 93(3)(b) of the Anti-social Behaviour Act 2003 (“the Act”)(1), hereby makes the following Order:

Citation and application

1.—(1) This Order may be cited as the Anti-social Behaviour Act 2003 (Commencement No. 3) (Wales) Order 2004.

(2) This Order applies to complaints about hedges(2) situated in Wales.

Provisions to be commenced

2.  Part 8 of the Act (High Hedges) comes into force on 31 December 2004.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3).

D. Elis-Thomas

The Presiding Officer of the National Assembly

8 December 2004

Explanatory Note

(This note is not part of the Order)

This Order brings into force, on 31 December 2004, the provisions of Part 8 of the Anti-social Behaviour Act 2003 (“the Act”) in relation to hedges situated in Wales.

Part 8 of the Act gives local authorities the power to deal with complaints about high hedges which are having an adverse effect on a neighbour’s enjoyment of his or her property. It also gives the National Assembly for Wales (“the National Assembly”) the power to make regulations, in relation to hedges situated in Wales, to set the maximum level of fee chargeable by a local authority for dealing with an application under the Act and to set out the procedures to be followed where an appeal is made to the National Assembly under section 71 of the Act.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The provisions of the Act referred to in Table 1 below have been brought into force in relation to both Wales and England by Commencement Orders made before the date of this Order. The provisions of the Act referred to in Table 2 below have been brought into force in relation to Wales by Commencement Orders made before the date of this Order.

TABLE 1

Section(s) orSchedule(s)Date of commencementS.I. Number
1 to 1120 January 20042003/3300
1827 February 20042003/3300
2327 February 20042003/3300
25 to 2927 February 20042003/3300
30 to 3820 January 20042003/3300
39(1) and (2)20 January 20042003/3300
39(3) (in part)20 January 20042003/3300
39(3) (remainder)30 April 20042003/3300
39(4) to (6)20 January 20042003/3300
4631 March 20042004/690
5320 January 20042003/3300
5431 March 20042004/690
57 to 5920 January 20042003/3300
60 to 6427 February 20042003/3300
85(1) to (3)20 January 20042003/3300
85(4) (in part)20 January 20042003/3300
85(4) (remainder)31 March 20042004/690
85(5)31 March 20042004/690
85(6) (in part)31 March 20042004/690
85(7)20 January 20042003/3300
85(8)27 February 20042003/3300
85(9) to (11)31 March 20042004/690
86(1) and (2)31 March 20042004/690
86(3) (in part)20 January 20042003/3300
86(3) (remainder)31 March 20042004/690
86(4) to (6)20 January 20042003/3300
8720 January 20042003/3300
89(1) to (4)20 January 20042003/3300
89(5)31 March 20042004/690
89(6) and (7)20 January 20042003/3300
9030 July 20042004/1502
92 (in part)20 January 20042003/3300
92 (in part)31 March 20042004/690
Schedule 3 (in part)20 January 20042003/3300
Schedule 3 (in part)31 March 20042004/690

TABLE 2

Section(s) or Schedule(s)Date of commencementS.I. Number
13 (with savings)30 September 20042004/2557 (W.228) (C.107)
1430 September 20042004/2557 (W.228) (C.107)
16 (with savings)30 September 20042004/2557 (W.228) (C.107)
1730 September 20042004/2557 (W.228) (C.107)
40 to 4531 March 20042004/999 (W.105) (C.43)
47 to 5231 March 20042004/999 (W.105) (C.43)
55 and 5631 March 20042004/999 (W.105) (C.43)
91 (with savings)30 September 20042004/2557 (W.228) (C.107)
Schedule 1 (in part)30 September 20042004/2557 (W.228) (C.107)
(2)

See section 66(6) of the Act for the meaning of “high hedge”.

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