The Clean Neighbourhoods and Environment (2011 Act) (Commencement, Savings and Transitional Provisions) Order (Northern Ireland) 2012
Citation and interpretation1.
(1)
This Order may be cited as the Clean Neighbourhoods and Environment (2011 Act) (Commencement, Savings and Transitional Provisions) Order (Northern Ireland) 2012.
(2)
In this Order—
“the 2011 Act” means the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011; and
Appointed days2.
(1)
The day appointed for the coming into operation of the provisions of the 2011 Act specified in the first column of Schedule 1 (where applicable, to the extent specified in the second column of that Schedule) is 18th January 2012.
(2)
The day appointed for the coming into operation of the provisions of the 2011 Act specified in the first column of Schedule 2 (where applicable, to the extent specified in the second column of that Schedule) is 1st April 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)
continue to have effect.
Transitional provisions: Road Traffic Regulation (Northern Ireland) Order 19974.
(1)
The amendments made to the 1997 Order by—
(a)
section 11 (which amends Articles 48 and 49 of the 1997 Order);
(b)
section 12 (which amends Article 51 of the 1997 Order); and
(c)
section 13 (which amends Article 52 of the 1997 Order),
of the 2011 Act do not have effect in relation to the operation of Articles 48, 49, 51 and 52 of the 1997 Order in respect of a vehicle described in paragraph (2).
(2)
A vehicle to which this Article applies is either—
(a)
one on a road to which a constable has, before midnight on 31st March 2012, affixed a notice under Article 48(4) of the 1997 Order; or
(b)
one on a public road to which the Department has, before midnight on 31st March 2012, affixed a notice under Article 49(4) of the 1997 Order.
(3)
For the purposes of this Article, “constable” and “the Department” have the meanings given by Article 2(2) of the 1997 Order.
Sealed with the Official Seal of the Department of the Environment on 18th January 2012.
SCHEDULE 1Provisions coming into operation on 18th January 2012
Provisions of the 2011 Act commenced | Extent of Commencement |
|---|---|
Section 4 | For the purposes of enabling regulations to be made by the Department under section 4(11) |
Section 7 | For the purposes of enabling regulations to be made by the Department under Article 29A(11) of the 1978 Order |
Section 8 | For the purposes of enabling regulations to be made by the Department under Article 30(2) of the 1978 Order |
Section 12(4) | For the purposes of enabling regulations to be made by the Department for Regional Development under Article 51(2)(c)(ii) of the 1997 Order |
Section 13(4) | For the purposes of enabling regulations to be made by the Department for Regional Development under Article 52(2)(c)(ii) of the 1997 Order |
Section 16(1) and (3) | Section 16(1) is commenced only to the extent necessary for the commencement of section 16(3) for the purposes of enabling a code of practice to be prepared, issued and revised and a draft or revision of the code to be laid before the Assembly by the Department under Article 6(8A), (8C) and (8D) of the 1994 Order and for the purposes of authorised officers having regard to the code under Article 6(8B) of the 1994 Order |
Section 22 | For the purposes of enabling regulations to be made by the Department under Article 18A of the 1994 Order |
Section 27 | For the purposes of enabling regulations to be made by the Department under section 27(3) and (4) |
Section 30 | For the purposes of enabling guidance to be issued by the Department under section 30(1) |
Section 33 | For the purposes of enabling guidance to be issued by the Department under section 33(1) |
Section 40 | For the purposes of enabling regulations to be made by the Department under section 40(4) and (5) |
Section 41 | For all the purposes of that section |
Section 42 | For the purposes of enabling orders to be made by the Department under section 42(3) and (4) |
Section 44 | For the purposes of enabling regulations to be made by the Department under section 44(4) and (5) |
Section 53 | For the purposes of enabling regulations to be made by the Department under section 53(4) and (5) |
Section 59 | For all the purposes of that section |
Section 61 | For the purposes of enabling regulations to be made by the Department under section 8A(5) and (6) of the Noise Act 19967 |
Section 63 | For the purposes of enabling regulations to be made by the Department under section 63(11)(d) |
Section 65 | For the purposes of enabling orders to be made by the Department under section 65(15) |
Section 67 and Schedule 2 | For the purposes of enabling regulations to be made by the Department under paragraph 1(4) of Schedule 2 |
SCHEDULE 2Provisions coming into operation on 1st April 2012
Provisions of the 2011 Act commenced | Extent of Commencement |
|---|---|
Sections 1, 2 and 3 | |
Section 4 | In so far as not already in operation |
Sections 5 and 6 | |
Section 7 | In so far as not already in operation |
Section 8 | In so far as not already in operation |
Sections 9, 10 and 11 | |
Section 12 | In so far as not already in operation |
Section 13 | In so far as not already in operation |
Sections 14 and 15 | |
Section 16 | In so far as not already in operation |
Sections 17, 18, 19, 20 and 21 | |
Section 22 | In so far as not already in operation |
Sections 23, 24, 25 and 26 | |
Section 27 | In so far as not already in operation |
Sections 28 and 29 | |
Section 30 | In so far as not already in operation |
Sections 31 and 32 | |
Section 33 | In so far as not already in operation |
Sections 34, 35, 36, 37, 38 and 39 | |
Section 40 | In so far as not already in operation |
Section 42 | In so far as not already in operation |
Section 43 | |
Section 44 | In so far as not already in operation |
Sections 45, 46, 47, 48, 49, 50, 51 and 52 | |
Section 53 | In so far as not already in operation |
Sections 54, 55, 56, 57 and 58 | |
Section 60 | |
Section 61 | In so far as not already in operation |
Section 62 | |
Section 63 | In so far as not already in operation |
Sections 64 | |
Section 65 | In so far as not already in operation |
Section 66 | |
Section 67 | In so far as not already in operation |
Sections 68, 69, 70, 71, 72, 73 and 74 | |
Section 77 | |
Schedule 1 | |
Schedule 2 | In so far as not already in operation |
Schedules 3 and 4 |
The Department is exercising the power conferred by sections 75(1) and 78 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (“the 2011 Act”) for the first time. This Order brings the provisions of the 2011 Act listed in Schedule 1 into operation on 18th January 2012 and the provisions listed in Schedule 2 into operation on 1st April 2012.
Article 3 makes savings under which Article 4 (offence of permitting dogs to foul) of the Litter (Northern Ireland) Order 1994 continues to apply in respect of places that are “prescribed places” under the Dog Fouling (Prescription of Places) Regulations (Northern Ireland) 1995 before midnight on 31st March 2012.
Article 3 also provides that where any type of dog control order is made that applies to land already subject to Article 4 of the Litter (Northern Ireland) Order 1994 (“the 1994 Order”), that Article 4 of the 1994 Order ceases to have effect in respect of the land subject to the dog control order.
Article 4 contains transitional provisions requiring that a vehicle on a road, in respect of which a constable has affixed a notice under Article 48(4) of the Road Traffic Regulation (Northern Ireland) Order 1997 or on a public road in respect of which the Department for Regional Development has affixed a notice under Article 49(4) of that Order, in either case before midnight on 31st March 2012 , continues to be dealt with in accordance with Articles 48, 49, 51 and 52 of that Order as those Articles applied before the coming into operation of sections 11, 12 and 13 of the 2011 Act.