The Clean Neighbourhoods and Environment (2011 Act) (Commencement, Savings and Transitional Provisions) Order (Northern Ireland) 2012

Savings: Litter (Northern Ireland) Order 1994 (dogs)

3.—(1) Subject to paragraph (2) and notwithstanding its repeal by section 77 of, and Part 3 of Schedule 4 to, the 2011 Act, Article 4 of the 1994 Order continues, in respect of any place which is a prescribed place before midnight on 31st March 2012, to have effect.

(2) Any place which is a prescribed place before midnight on 31st March 2012 ceases to be a prescribed place after midnight on 31st March 2012 to the extent that a dog control order (whether or not it relates to the fouling of land by dogs) made under section 40 of the 2011 Act applies in respect of it.

(3) In respect of the continued effect of Article 4 of the 1994 Order—

(a) Article 5 of the 1994 Order continues to have effect in relation to an offence under Article 4 of that Order as if the amendments made to Article 5 by section 15 of the 2011 Act and the repeal of the definition of “authorised officer” in Article 2(2) of the 1994 Order by section 77 of, and Part 2 of Schedule 4 to, the 2011 Act had not been made;

(b) Article 6 of the 1994 Order continues to have effect in relation to an offence under Article 4 of that Order as if the amendments made to Article 6 by section 16 of the 2011 Act and the repeal of the definition of “authorised officer” in Article 2(2) of the 1994 Order by section 77 of and Part 2 of Schedule 4 to the 2011 Act had not been made; and

(c) notwithstanding their repeal by Part 3 of Schedule 4 to the 2011 Act—

(i) the words “or 4” in Article 5(1) and (4) of the 1994 Order;

(ii) the words “or, as the case may be, Article 4” in Article 6(1) of that Order; and

(iii) the words “or 4” in paragraph 2(4)(d) of Schedule 2A to the Police (Northern Ireland) Act 2003(1),

continue to have effect.

(1)

2003 c. 6; Schedule 2A was inserted by S.I. 2007/912 (N.I. 6)