Welsh Statutory Instruments
2007 No. 3371 (W.298) (C.141)
ENVIRONMENTAL PROTECTION, WALES
The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 3) (Wales) Order 2007
Made
27 November 2007
Title, application and interpretation
1.—(1) The title of this Order is the Clean Neighbourhoods and Environment Act 2005 (Commencement No. 3) (Wales) Order 2007.
(2) This Order applies in relation to Wales.
(3) In this Order—
“the 2005 Act” (“Deddf 2005”) means the Clean Neighbourhoods and Environment Act 2005.
Provisions of the 2005 Act coming into force on 18 January 2008
2. The following provisions of the 2005 Act come into force on 18 January 2008—
(a)section 106 and Schedule 4, in respect of paragraphs 5 to 9 and 14 to 19 of Schedule 4 (Minor and Consequential Amendments) only;
(b)section 107 and Part 3 of Schedule 5 (Repeals), in respect of the repeal of section 324(3)(a) of the Town and Country Planning Act 1990(3) and section 43 (10) and (11) of the Anti-social Behaviour Act 2003(4) only;
(c) section 107 and Part 7 of Schedule 5 (Repeals), in respect of section 9 of and Schedule 3 to the Noise and Statutory Nuisance Act 1993(5) and the heading to section 2 and sections 8(8), 9(3) and 9(4A) of the Noise Act 1996(6) only;
(d)section 107 and Part 9 of Schedule 5 (Repeals), in respect of section 45(3) to (9) of the Anti-social Behaviour Act 2003 only.
Jane Davidson
Minister for Environment, Sustainability and Housing, one of the Welsh Ministers
27 November 2007
Explanatory Note
(This note is not part of the Order)
This Order brings into force further provisions of the Clean Neighbourhoods and Environment Act 2005 (“the 2005 Act”) in relation to Wales.
Article 2 of this Order brings into force on 18 January 2008 the following provisions of the 2005 Act:
(a)paragraphs 5 to 7 of Schedule 4 to the 2005 Act which make minor textual amendments to the Environmental Protection Act 1990 (“the 1990 Act”);
(b)paragraph 8 of Schedule 4 to the 2005 Act which amends section 95(1)(c) of the 1990 Act so that the public register of orders and notices, which local authorities are required by section 95 of the 1990 Act to maintain, includes copies of all orders which are made under paragraph 2(1) of Schedule 3A to the 1990 Act in relation to the designation of land for the purposes of regulating the free distribution of printed matter;
(c)paragraph 9 of Schedule 4 to the 2005 Act which amends section 96 of the 1990 Act with the effect of enabling Welsh Ministers to make regulations in relation to litter collected by principal litter authorities under section 92C(3) of the 1990 Act. Section 92C(3) of the 1990 Act relates to litter collected by a principal litter authority when a person has failed to comply with a litter clearing notice issued by that authority under section 92A of the 1990 Act;
(d)paragraph 14 of Schedule 4 to the 2005 Act substitutes a new subsection (1) into section 45 of the Anti-social Behaviour Act 2003 (“the 2003 Act”) with the effect that fixed penalties pursuant to section 43(1) (graffiti and fly-posting) of the 2003 Act are payable to the local authority whose authorised officer issued the notice;
(e)paragraph 15 of Schedule 4 to the 2005 Act applies definitions contained in section 47(1) of the 2003 Act to sections 43A and 43B of that Act. The effect of this is to enable Welsh Ministers to make regulations in connection with penalties payable in pursuance of a notice under section 43(1) of the 2003 Act (graffiti and fly-posting);
(f)paragraphs 16 to 19 of Schedule 4 to the 2005 Act substitute the term “defacement removal notice” for “graffiti removal notice” in sections 48, 49 and 51 of the 2003 Act, and in the heading of section 52 in that Act.
(g)paragraph 17(7) of Schedule 4 to the 2005 Act inserts the words “but not a parish or community council” into the definition of “local authority” in section 48(12) of the 2003 Act. The effect of this is to prevent parish and community councils from issuing graffiti removal notices, carrying out remedial works where a graffiti removal notice is not complied with and recovering expenses incurred in doing so;
(h)Part 3 of Schedule 5 to the 2005 Act contains repeals to section 324(3)(a) of the Town and Country Planning Act 1990 and section 43(10) and (11) of the Anti-social Behaviour Act 2003;
(i)Part 7 of Schedule 5 to the 2005 Act contains repeals to section 9 and Schedule 3 to the Noise and Statutory Nuisance Act 1990 and to the heading to section 2 and sections 8(8) and 9(3) of the Noise Act 1996;
(j)Part 9 of Schedule 5 to the 2005 Act contains a repeal to section 45(3) to (9) of the Anti-social Behaviour Act 2003.
Note as to Earlier Commencement Orders
(This note is not part of the Order)
The following provisions of the 2005 Act have been brought into force in relation to Wales by commencement orders made before the date of this Order:
| Provision | Date of commencement | S.I. No |
|---|---|---|
| Section 2 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 2 — for remaining purposes | 19 February 2007 | 2006/2797 (W.236)(C.93) |
| Section 6 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 6 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 7 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 8 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 8 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 9 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 10 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 10 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 11 | 27 October 2006 | 2006/2797 (W.236)(C.93) |
| Section 12 | 27 October 2006 | 2006/2797 (W.236)(C.93) |
| Section 13 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 13 — for remaining purposes | 27 October 2006 | 2006/2797 (W.236)(C.93) |
| Section 15 | 27 October 2006 | 2006/2797 (W.236)(C.93) |
| Section 16 | 27 October 2006 | 2006/2797 (W.236)(C.93) |
| Section 17 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 17 — for remaining purposes | 27 October 2006 | 2006/2797 (W.236)(C.93) |
| Section 19 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 19 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 20 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 20 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 21 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 22 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 23 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 24 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 24 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 25 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 28 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 28 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 29 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 30 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 30 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 31 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 34 | 27 October 2006 | 2006/2797 (W.236)(C.93) |
| Sections 37 and 38 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 38 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 45 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 45 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Sections 46 to 48 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 48 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 50 | 27 October 2006 | 2006/2797 (W.236)(C.93) |
| Section 52 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 52 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 53 | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 55 for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 55 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 56 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 56 — for remaining purposes | 27 October 2006 | 2006/2797 (W.236)(C.93) |
| Section 57 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 57 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 58 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 58 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 59 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 59 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 60 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 60 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 61 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 62 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 63 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 64 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 65 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 66 | 27 October 2006 | 2006/2797 (W.236)(C.93) |
| Section 67 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 67 — for remaining purposes | 27 October 2006 | 2006/2797 (W.236)(C.93) |
| Section 69 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 70 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 71 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 72 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 73 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 73 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 74 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 74 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 75 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 75 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 76 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 77 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 78 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 79 | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 80 | 27 October 2006 | 2006/2797 (W.236)(C.93) |
| Section 81 | 27 October 2006 | 2006/2797 (W.236)(C.93) |
| Section 82 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 82 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 83 | 27 October 2006 | 2006/2797 (W.236)(C.93) |
| Section 84 — for certain purposes | 27 October 2006 | 2006/2797 (W.236)(C.93) |
| Section 84 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 86 | 27 October 2006 | 2006/768 (W.75)(C.18) |
| Section 96 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 96 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 97 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 97 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 98 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 98 — for remaining purposes | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Section 99 | 27 October 2006 | 2006/2797 (W.236)(C.93) |
| Section 100 | 27 October 2006 | 2006/2797 (W.236)(C.93) |
| Section 101 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 101 — for remaining purposes | 31 January 2007 | 2006/2797 (W.236)(C.93) |
| Section 102 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 102 — for remaining purposes | 31 January 2007 | 2006/2797 (W.236)(C.93) |
| Section 103 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Section 103 — for remaining purposes | 31 January 2007 | 2006/2797 (W.236)(C.93) |
| Section 104 — for certain purposes | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Schedule 4, paragraph 4 | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Schedule 5, Part 1 (vehicles) | 27 October 2006 | 2006/2797 (W.236)(C.93) |
| Schedule 5, Part 2 (litter and refuse) | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Schedule 5, Part 4 (waste) — in part | 16 March 2006 | 2006/768 (W.75)(C.18) |
| Schedule 5, Part 5 (dog controls) | 15 March 2007 | 2006/2797 (W.236)(C.93) |
| Schedule 5, Part 9 (use of fixed penalty receipts) — in part | 15 March 2007 | 2006/2797 (W.236)(C.93) |
The following provisions of the 2005 Act have been brought into force in Wales and England by commencement orders made before the date of this Order:
| Provision | Date of Commencement | S.I. No |
|---|---|---|
| Section 32 | 1 July 2005 | 2005/1675 (C.69) |
| Sections 42 — 44 | 18 October 2006 | 2005/2869 (C.122) |
| Section 49(1) and (3) | 7 March 2006 | 2006/656 (C.16) |
| Section 49(2) and (6) — for certain purposes | 7 March 2005 | 2006/656 (C.16) |
| Section 49(2) and (6) — for remaining purposes | 6 April 2006 | 2006/656 (C.16) |
| Section 49(4) and (9) | 6 April 2006 | 2006/656 (C.16) |
| Section 49(8) — for certain purposes | 6 April 2006 | 2006/656 (C.16) |
| Sections 87 -95 | 1 January 2006 | 2005/3439 (C.144) |
| Schedule 2 | 1 January 2006 | 2005/3439 (C.144) |
| Schedule 3 | 1 January 2006 | 2005/3439 (C.144) |
| Schedule 4, paragraph 3 — in part | 6 April 2006 | 2006/656 (C.16) |
| Schedule 5, Part 8 | 1 January 2006 | 2005/3439 (C.144) |
The following Commencement Orders have been made under the 2005 Act by the Secretary of State in relation to England and Wales —
The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 1) Order 2007, S.I. 2005/1675 (C.69);
The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 2, Transitional Provisions and Savings) (England and Wales) Order 2007, S.I. 2005/2896 (C.122);
The Clean Neighbourhoods and Environment Act 2005 (Commencement No.3) Order 2005, S.I. 2005/3439 (C.144);
The Clean Neighbourhoods and Environment Act 2005 (Commencement No.4) Order 2006, S.I. 2006/656 (C.16);
The Clean Neighbourhoods and Environment Act 2005 (Commencement No.2, Transitional Provisions and Savings) (England and Wales) (Amendment) Order 2006, S.I 2006/1002 (C.31).
The following Commencement Orders have been made under the Clean Neighbourhoods and Environment Act 2005 by the Secretary of State in relation to England—
The Clean Neighbourhoods and Environment Act 2005 (Commencement No.1, Transitional and Saving Provisions) (England) Order 2006, S.I. 2006/795 (C.19);
The Clean Neighbourhoods and Environment Act 2005 (Commencement No.2) (England) Order 2006, S.I. 2006/1361 (C.46);
The Clean Neighbourhoods and Environment Act 2005 (Commencement No.3) (England) Order 2006, S.I. 2006/2006 (C.69);
The Clean Neighbourhoods and Environment Act 2005 (Commencement No.4) (England) Order 2007, S.I. 2007/1390 (C.15).
By virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006, functions conferred on the National Assembly for Wales are exercisable by the Welsh Ministers.