2006 No. 1361 (C. 46)

ENVIRONMENTAL PROTECTION, ENGLAND

The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 2) (England) Order 2006

Made

The Secretary of State makes the following Order in exercise of the powers conferred by section 108(1)(a) and (2)(r) of the Clean Neighbourhoods and Environment Act 20051:

Citation1

This Order may be cited as the Clean Neighbourhoods and Environment Act 2005 (Commencement No. 2) (England) Order 2006.

Commencement of provisions2

1

Subject to paragraph (2), section 104 of, and Part 10 of Schedule 5 to, the Clean Neighbourhoods and Environment Act 2005 come into force on 4th August 2006.

2

Paragraph (1) applies only in so far as the provisions to which it refers make amendments to section 78L of the Environmental Protection Act 19902 which relate to appeals against remediation notices served by a local authority in England or by the Environment Agency in relation to land in England.

Ian PearsonMinister of StateDepartment for Environment, Food and Rural Affairs

(This note is not part of the Order)

This Order brings into force on 4th August 2006 section 104 of the Clean Neighbourhoods and Environment Act 2005 and Part 10 of Schedule 5 to that Act. These provisions amend section 78L of the Environmental Protection Act 1990 (c. 43), which relates to appeals against remediation notices. The provisions are commenced only in so far as they relate to appeals against remediation notices served by a local authority in England or by the Environment Agency in relation to land in England. They make the appellate authority the Secretary of State in relation to appeals against any remediation notice served on or after 4th August 2006.

(This note is not part of the Order)

The following provisions of the Clean Neighbourhoods and Environment Act 2005 have been brought into force in England by commencement orders made before the date of this Order:

Provision

Date of Commencement

S.I.No.

s. 2

1.4.2006

2006/795 (C. 19)

s. 6

14.3.2006 & 6.4.2006

2006/795 (C. 19)

s. 7

6.4.2006

2006/795 (C. 19)

s. 8

14.3.2006 & 6.4.2006

2006/795 (C. 19)

s. 9

14.3.2006

2006/795 (C. 19)

s. 10

6.4.2006

2006/795 (C. 19)

ss. 11 to 13

18.10.2005

2005/2896 (C. 122)

ss. 15 to 17

18.10.2005

2005/2896 (C. 122)

s.19

14.3.2006 & 6.4.2006

2006/795 (C. 19)

ss. 20 to 25

6.4.2006

2006/795 (C. 19)

ss. 28 and 29

6.4.2006

2006/795 (C. 19)

s. 30

14.3.2006 & 6.4.2006

2006/795 (C. 19)

s. 31

6.4.2006

2006/795 (C. 19)

s. 34

6.4.2006

2006/795 (C. 19)

s. 37 (partially)

6.4.2006

2006/795 (C. 19)

s. 38

6.4.2006

2006/795 (C. 19)

s. 45

6.4.2006

2006/795 (C. 19)

s. 47

18.10.2005

2005/2896 (C. 122)

s. 48

6.4.2006

2006/795 (C. 19)

s. 50

6.4.2006

2006/795 (C. 19)

s. 52

6.4.2006

2006/795 (C. 19)

s. 53

18.10.2005

2005/2896 (C. 122)

s. 55

14.3.2006 & 6.4.2006

2006/795 (C. 19)

s. 56

14.3.2006

2006/795 (C. 19)

s. 57

14.3.2006 & 6.4.2006

2006/795 (C. 19)

s. 58

6.4.2006

2006/795 (C. 19)

s. 59

14.3.2006 & 6.4.2006

2006/795 (C. 19)

s. 60

14.3.2006 & 6.4.2006

2006/795 (C. 19)

ss. 61 to 65

6.4.2006

2006/795 (C. 19)

ss. 66 and 67

14.3.2006

2006/795 (C. 19)

ss. 69 to 73

6.4.2006

2006/795 (C. 19)

s. 74

14.3.2006 & 6.4. 2006

2006/795 (C. 19)

s. 75

14.3.2006 & 6.4.2006

2006/795 (C. 19)

ss. 76 to 79

6.4.2006

2006/795 (C. 19)

ss. 80 and 81

14.3.2006

2006/795 (C. 19)

s. 82

6.4.2006

2006/795 (C. 19)

s. 83(1) and (3)3

14.3.2006

2006/795 (C. 19)

s. 84 & Sch. 1 (partially)

14.3.2006 & 6.4.2006

2006/795 (C. 19)

s. 86

6.4.2006

2006/795 (C. 19)

s. 96

14.3.2006 & 6.4.2006

2006/795 (C. 19)

ss. 97 and 98

14.3.2006

2006/795 (C. 19)

ss. 99 to 103

6.4.2006

2006/795 (C. 19)

Sch. 4 (partially)

18.10.2005

2005/2896 (C. 122)

Sch. 5 (partially)

18.10.2005 & 6.4.2006

2005/2896 (C. 122) & 2006/795 (C. 19)

The following provisions of the Clean Neighbourhoods and Environment Act 2005 have been brought into force in England and Wales by commencement orders made before the date of this Order:

Provision

Date of Commencement

S.I.No.

s. 32

1.7.2005

2005/1675 (C. 69)

s. 42 to 44

18.10.2005

2005/2896 (C. 122)

ss. 87 to 95

1.1.2006

2005/3439 (C. 144)

Schs. 2 and 3

1.1.2006

2005/3439 (C. 144)

Sch. 5 (partially)

1.1.2006

2005/3439 (C. 144)