Statutory Instruments
2006 No. 771
ENVIRONMENTAL PROTECTION, ENGLAND
The Statutory Nuisance (Appeals) (Amendment) (England) Regulations 2006
Made
10th March 2006
Laid before Parliament
16th March 2006
Coming into force
6th April 2006
The Secretary of State makes the following Regulations in exercise of the powers conferred by paragraph 1(4) of Schedule 3 to the Environmental Protection Act 1990( 1 ):
Citation, commencement and application
1. These Regulations—
(a) may be cited as the Statutory Nuisance (Appeals) (Amendment) (England) Regulations 2006;
(b) come into force on 6th April 2006;
(c) apply in England only.
Amendment of the Statutory Nuisance (Appeals) Regulations 1995
2. —(1)Regulation 2 (appeals under section 80(3) of the 1990 Act) of the Statutory Nuisance (Appeals) Regulations 1995( 2 ) is amended as follows.
(2) In paragraph (2)(e)—
(a) in paragraph (i), after “(f)” insert “, (fa)”( 3 );
(b) after paragraph (iii) insert—
“ or
(iv) is a nuisance falling within section 79(1)(fb) of the 1990 Act and—
(aa) the artificial light is emitted from industrial, trade or business premises, or
(bb) the artificial light (not being light to which sub-paragraph (aa) applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility (within the meaning given by section 80(8A) of the 1990 Act), ” ( 4 ).
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Date 10th March 2006
1990 c. 43 ; the relevant functions of the Secretary of State, insofar as they relate to Wales, were transferred to the National Assembly for Wales by article 2(a) of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672 ).
S.I. 1995/2644 ; the Regulations extend to England and Wales, and were made by the Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales.
Section 79(1)(fa) of the 1990 Act was inserted by section 101(2) of the Clean Neighbourhoods and Environment Act 2005 (c. 16) .
Section 79(1)(fb) of the 1990 Act was inserted by section 102(2) of the Clean Neighbourhoods and Environment Act 2005 (c. 16) . Section 80(8A) was inserted by section 103(3) of the 2005 Act.