Statutory Instruments
2006 No. 795 (C. 19)
ENVIRONMENTAL PROTECTION, ENGLAND
The Clean Neighbourhoods and Environment Act 2005 (Commencement No.1, Transitional and Savings Provisions) (England) Order 2006
Made
9th March 2006
The Secretary of State makes the following Order in exercise of the powers conferred by section 108(1)(a), (3)(h), (i) and (j) and (5) of the Clean Neighbourhoods and Environment Act 2005( 1 ):
Citation, interpretation and application
1. —(1) This Order may be cited as the Clean Neighbourhoods and Environment Act 2005 (Commencement No.1, Transitional and Savings Provisions) (England) Order 2006.
(2) In this Order “the 2005 Act” means the Clean Neighbourhoods and Environment Act 2005.
(3) This Order applies in England only.
Commencement of provisions
2. —(1) The provisions of the 2005 Act specified in the first column of Schedule 1 shall come into force (where applicable, to the extent specified in the second column of that Schedule) on 14th March 2006.
(2) Section 2 of the 2005 Act shall come into force on 1st April 2006.
(3) The provisions of the 2005 Act specified in the first column of Schedule 2 shall come into force (where applicable, to the extent specified in the second column of that Schedule) on 6th April 2006.
Transitional provisions: London Local Authorities Act 1994 and the City of Newcastle upon Tyne Act 2000
3. —(1) Paragraph 2 applies notwithstanding the repeal of—
(a) section 4 of the London Local Authorities Act 1994( 2 ) (“section 4”); and
(b) section 22 of the City of Newcastle upon Tyne Act 2000( 3 ), (“section 22”),
by Part 2 of Schedule 5 to the 2005 Act and the coming into force of section 23 (controls on free distribution of printed matter) of the 2005 Act.
(2) Any designation of a place made under section 4 or section 22 and having effect immediately before 6th April 2006, shall continue to have effect, subject to the powers under those sections either to rescind or vary the designation until—
(a) 6th October 2006; or
(b) its expiry;
whichever is the earlier.
Savings: Dogs (Fouling of Land) Act 1996
4. —(1) Subject to paragraph (2) and notwithstanding its repeal by section 65 of, and Part 5 of Schedule 5 to, the 2005 Act, the Dogs (Fouling of Land) Act 1996( 4 ) (“the 1996 Act”) shall continue to have effect in respect of any land which is designated land immediately before 6th April 2006.
(2) Any land which is designated land immediately before 6th April 2006 shall cease to be designated land after 5th April 2006—
(a) to the extent that a dog control order (whether or not it relates to the fouling of land by dogs) made under section 55 of the 2005 Act applies in respect of it;
(b) if the designation order in question is revoked; or
(c) if the designation order in question is amended so as to reduce the extent of the designated land, to the extent of that reduction.
(3) In respect of the continued effect of the 1996 Act—
(a) section 88(2) to (8) of the Environmental Protection Act 1990( 5 ), as applied by section 4(2) and (3) of the 1996 Act, shall continue to apply as if the amendments made by section 19 of the 2005 Act to section 88 of the Environmental Protection Act 1990 had not been made;
(b) notwithstanding their repeal by Part 5 of Schedule 5 to the 2005 Act, paragraph 1(2)(c) of Schedule 4 and paragraph 1(2)(b) of Schedule 5 to the Police Reform Act 2002( 6 ) shall continue to have effect;
(c) notwithstanding its repeal by Part 9 of Schedule 5 to the 2005 Act, section 119 of the Local Government Act 2003( 7 ) shall continue to have effect as if section 119(2)(a), (3)(a) and (c) and (4) were deleted.
(4) In this article—
“designated land” has the meaning given in section 2(1) of the 1996 Act; and
“designation order” means an order made under section 2(1) of the 1996 Act.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Date 9th March 2006
Article 2(1)
SCHEDULE 1 Provisions of the 2005 Act coming into force on 14th March 2006
| Provisions commenced | Extent of Commencement |
|---|---|
(a) the definition of “the appropriate person” is in section 9(2). | |
(b) the definition of “the appropriate person” is in section 66. | |
(c) the definition of “the appropriate person” is in section 81. | |
(d) the definition of “the appropriate person” is in section 98(1). | |
| Section 6 | for the purposes of enabling regulations to be made by the Secretary of State (as the appropriate person in relation to England (a) ) under section 6(11) |
| Section 8 | for the purposes of enabling regulations to be made by the Secretary of State (as the appropriate person in relation to England) under section 8(2)(d) |
| Section 9 | |
| Section 19(1) and (6) | Section 19(1) is commenced only to the extent that is necessary for the commencement of section 19(6) |
| Section 30(2) | |
| Section 55 | for the purposes of enabling regulations to be made by the Secretary of State (as the appropriate person in relation to England (b) ) under section 55(4) and (5) |
| Section 56 | |
| Section 57 | for the purposes of enabling an order to be made by the Secretary of State (as the appropriate person in relation to England) under section 57(3) |
| Section 59 | for the purposes of enabling regulations to be made by the Secretary of State (as the appropriate person in relation to England) under section 59(12) |
| Section 60 | for the purposes of enabling regulations to be made by the Secretary of State (as the appropriate person in relation to England) under section 60(4) and (5) |
| Section 66 | |
| Section 67 | |
| Section 74 | for the purposes of enabling regulations to be made by the Secretary of State (as the appropriate person in relation to England (c) ) under section 74(4) and (5) |
| Section 75 | for the purposes of enabling regulations to be made by the Secretary of State (as the appropriate person in relation to England) under section 75(2)(d) and (3) |
| Section 80 | |
| Section 81 | |
| Section 83 | in so far as not already in force |
| Section 84 | for the purposes of bringing into force paragraph 12(4) of Schedule 1 to the 2005 Act |
| Section 96 | for the purposes of enabling regulations to be made by the Secretary of State (as the appropriate person in relation to England) under section 96(4)(d) and (5) (d) |
| Section 97 | |
| Section 98 | |
| Schedule 1 | paragraph 12(4) |
Article 2(3)
SCHEDULE 2 Provisions of the 2005 Act coming into force on 6th April 2006
| Provisions commenced | Extent of Commencement |
|---|---|
(a) 1989 c. 14 ; section 5 is substituted by section 37 of the 2005 Act. | |
(b) | |
(c) | |
(d) | |
| Section 6 | in so far as not already in force |
| Section 7 | |
| Section 8 | in so far as not already in force |
| Section 10 | |
| Section 19 | in so far as not already in force |
| Section 20 | |
| Section 21 | |
| Section 22 | |
| Section 23 | |
| Section 24 | |
| Section 25 | |
| Section 28 | |
| Section 29 | |
| Section 30(1) | |
| Section 31 | |
| Section 34 | |
| Section 37 | for the purposes of substituting section 5 (but excluding section 5(2)(d)) of the Control of Pollution (Amendment) Act 1989 (a) |
| Section 38 | |
| Section 45 | |
| Section 48 | |
| Section 50 | |
| Section 52 | |
| Section 55 | in so far as not already in force |
| Section 57 | in so far as not already in force |
| Section 58 | |
| Section 59 | in so far as not already in force |
| Section 60 | in so far as not already in force |
| Section 61 | |
| Section 62 | |
| Section 63 | |
| Section 64 | |
| Section 65 | |
| Section 69 | |
| Section 70 | |
| Section 71 | |
| Section 72 | |
| Section 73 | |
| Section 74 | in so far as not already in force |
| Section 75 | in so far as not already in force |
| Section 76 | |
| Section 77 | |
| Section 78 | |
| Section 79 | |
| Section 82 | |
| Section 84 | for the purposes of bringing into force paragraphs 2, 7(2)(a) and (3), (8)(2) and 12(2), (5) and (6) of Schedule 1 to the 2005 Act |
| Section 86 | |
| Section 96 | in so far as not already in force |
| Section 99 | |
| Section 100 | |
| Section 101 | |
| Section 102 | |
| Section 103 | |
| Schedule 1 | paragraphs 2, 7(2)(a) and (3), 8(2), and 12(2), (5) and (6) |
| Part 2 of Schedule 5 | in respect of the repeals of the London Local Authorities Act 1994 (b) and the City of Newcastle upon Tyne Act 2000 (c) |
| Part 3 of Schedule 5 | |
| Part 5 of Schedule 5 | |
| Part 7 of Schedule 5 | |
| Part 9 of Schedule 5 | in respect of the repeal to section 119 of the Local Government Act 2003 (d) |
1990 c. 43 ; section 119(1) of the Local Government Act 2003 (c. 26) provides that section 88(6)(a) of the Environmental Protection Act 1990 ceases to have effect in its application both to the latter Act and, by virtue of section 4(2) of the Dogs (Fouling of Land) Act 1996 (c. 20) , to fixed penalties for dog fouling offences.