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Statutory Instruments made by the National Assembly for Wales


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STATUTORY INSTRUMENTS


2006 No. 2797 (W.236) (C.93)

ENVIRONMENTAL PROTECTION, WALES

The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 2, Transitional Provisions and Savings) (Wales) Order 2006

  Made 17 October 2006 

The National Assembly for Wales, in exercise of the powers conferred upon it by section 108(1)(b), (2) and (5) of the Clean Neighbourhoods and Environment Act 2005[1], makes the following Order:

Title, application and interpretation
     1. —(1) The title of this Order is the Clean Neighbourhoods and Environment Act 2005 (Commencement No. 2, Transitional Provisions and Savings) (Wales) Order 2006.

    (2) This Order applies in relation to Wales.

    (3) In this Order—

Provisions of the 2005 Act coming into force on 27 October 2006
     2. The following provisions of the 2005 Act come into force on 27 October 2006—

Provision of the 2005 Act coming into force on the date on which the Highways Act 1980 (Gating Orders) (Wales) Regulations 2007 come into force
     3. In so far as not already in force section 2 (gating orders) comes into force on the date on which the Highways Act 1980 (Gating Orders) (Wales) Regulations 2007 come into force.

Provisions of the 2005 Act coming into force on the date on which the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Wales) Regulations 2007 come into force
    
4. The following provisions of the 2005 Act come into force on the date on which the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) (Wales) Regulations 2007 come into force—

Provisions of the 2005 Act coming into force on the date on which the Dog Control Orders (Miscellaneous Provisions) (Wales) Regulations 2007 come into force
     5. The following provisions of the 2005 Act come into force on the date on which the Dog Control Orders (Miscellaneous Provisions) (Wales) Regulations 2006 come into force—

Provisions of the 2005 Act coming into force on the date on which the Statutory Nuisance (Miscellaneous Provisions) (Wales) Regulations 2006 come into force
     6. The following provisions of the 2005 Act come into force on the date on which the Statutory Nuisance (Miscellaneous Provisions) (Wales) Regulations 2006 come into force—

Provisions of the 2005 Act coming into force on the date on which the Statutory Nuisance (Artificial Lighting) (Designation of Relevant Sports) (Wales) Order 2006 comes into force
    
7. The following provisions of the 2005 Act come into force on the date on which the Statutory Nuisance (Artificial Lighting ) (Designation of Relevant Sports) (Wales) Order 2006 comes into force—

Transitional provisions: Refuse Disposal (Amenity) Act 1978
    
8. —(1) The amendments made to the 1978 Act by—

of the 2005 Act do not affect the operation of sections 3 and 4 of the 1978 Act in relation to a vehicle to which paragraph (2) applies.

    (2) This paragraph applies to a vehicle in relation to which a local authority has, before 27 October 2006—

Transitional provisions: Road Traffic Regulation Act 1984
    
9. —(1) The amendments made to the 1984 Act by—

of the 2005 Act do not affect the operation of sections 99, 101 and 103 of the 1984 Act in relation to a vehicle to which paragraph (2) applies.

    (2) This paragraph applies to a vehicle—

Savings: Dogs (Fouling of Land) Act 1996
    
10. —(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 continues to have effect in respect of any land which is designated land immediately before the date on which the 1996 Act is repealed in accordance with regulation 5(g) of this Order.

    (2) Any land which is designated land immediately before the repeal of the 1996 Act by article 5(g) of this Order ceases to be designated land on the date on which the repeal takes effect—

    (3) In respect of the continued effect of the 1996 Act—

    (4) In this article—

Amendment of the Clean Neighbourhoods and Environment Act 2005 (Commencement No. 1 and Savings) (Wales) Order 2006
     11. In article 5(1) of the Clean Neighbourhoods and Environment Act 2005 (Commencement No. 1 and Savings) (Wales) Order 2006[11] —



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[12]


D. Elis-Thomas
The Presiding Officer of the National Assembly

17 October 2006



EXPLANATORY NOTE

(This note is not part of the Order)


This Order brings into force further provisions of the Clean Neighbourhoods and Environment Act 2005 ("the 2005 Act") in relation to Wales.

Article 2 brings into force (either entirely or for remaining purposes), on 27 October 2006, provisions of the 2005 Act concerning the following:

Article 3 brings into force section 2 (gating orders) of the 2005 Act on the date on which the associated Highways Act 1980 (Gating Orders) (Wales) Regulations 2007 come into force.

Article 4 brings into force (either entirely or for remaining purposes), on the date on which the associated Environmental Offences (Fixed Penalty) (Miscellaneous Provisions) (Wales) Regulations 2006 come into force, provisions of the 2005 Act concerning the following:

Article 5 brings into force (either entirely or for remaining purposes), on the date on which the associated Dog Control Orders (Miscellaneous Provisions) (Wales) Regulations 2007 come into force, provisions of the 2005 Act concerning controls on dogs.

Article 6 brings into force (either entirely or for remaining purposes), on the date on which the associated Statutory Nuisance (Miscellaneous Provisions) (Wales) Regulations 2006 come into force, provisions of the 2005 Act concerning a new category of statutory nuisance comprising insects emanating from industrial, trade or business premises and being prejudicial to health or a nuisance.

Article 7 brings into force (either entirely or for remaining purposes), on the date on which the associated Statutory Nuisance (Artificial Lighting) (Designation of Relevant Sports) (Wales) Order 2006 comes into force, provisions of the 2005 Act concerning a new category of statutory nuisance comprising artificial light emitted from premises so as to be prejudicial to health or a nuisance.

Article 8 contains transitional provisions requiring that a vehicle in respect of which a local authority has given a notice under section 3(2) of the Refuse Disposal (Amenity) Act 1978, or to which a local authority has affixed a notice under section 3(5) of that Act, in either case before 27 October 2006, will continue to be dealt with in accordance with sections 3 and 4 of that Act as those sections applied before the coming into force of provisions under this Order.

Article 9 contains transitional provisions requiring that a vehicle on a road in respect of which an authority has given a notice under section 99(3) of the Road Traffic Regulation Act 1984 or a vehicle to which an authority has affixed a notice under section 99(4) of that Act, in either case before 27 October, will continue to be dealt with in accordance with sections 99, 101 and 103 of that Act as those sections applied before the coming into force of provisions under this Order.

Article 10 makes savings under which the Dogs (Fouling of Land) Act 1996 (c. 20) continues to apply in respect of land that is "designated land" under that Act immediately before the repeal of that Act by article 5(g) of this Order.

Article 11 amends article 5 of the Clean Neighbourhoods and Environment Act 2005 (Commencement No. 1 and Savings) (Wales) Order 2006 (S.I. 2006 No. 768) (W. 75) (C. 18) ("the 2006 Order"). The 2006 Order repealed section 32 of, and Part 2 of Schedule 2 to, the Environmental Protection Act 1990 (c. 43) ("the 1990 Act"). Article 5 of the 2006 Order contained savings continuing the effect of the repealed sections in relation to waste disposal companies under the control of waste disposal authorities at the date the repeal took effect. Article 11 of this Order limits those savings so that from 27 October 2006 only section 32(7) and (8) of the 1990 Act will continue to have effect in relation to those companies.



NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)


The following provisions of the 2005 Act have been brought into force in relation to Wales by commencement orders made before the date of this Order:

Provision Date of Commencement S.I. No.
Section 2 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Section 6 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Section 8 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Section 10 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Section 13 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Section 17 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Section 19 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Section 20 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Section 24 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Section 28 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Section 30 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Sections 37 and 38 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Sections 45 to 48 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Section 52 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Section 53 16 March 2006 2006 / 768 (W.75) (C.18)
Sections 55 to 60 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Section 67 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Sections 73 to 75 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Section 82 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Sections 96 to 98 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Sections 101 to 104 — for certain purposes 16 March 2006 2006 / 768 (W.75) (C.18)
Schedule 4, paragraph 4 16 March 2006 2006 / 768 (W.75) (C.18)
Schedule 5, Part 4 (waste) in part 16 March 2006 2006 / 768 (W.75) (C.18)

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

Provision Date of Commencement S.I. No.
Section 32 1 July 2005 2005 / 1675 (C.69)
Sections 42 — 44 18 October 2006 2005 / 2896 (C.122)
Section 49 (1) and (3) 7 March 2006 2006 / 656 (C.16)
Section 49 (2) and (6)— for certain purposes 7 March 2006 2006/ 656 (C.16)
Section 49 (2) and (6) —for remaining purposes Section 49 (4) and (9) 6 April 2006 6 April 2006 2006 / 656 (C.16) 2006 / 656 (C.16)
Section 49 (8)— for certain purposes 6 April 2006 2006 / 656 (C.16)
Sections 87 — 95 1 January 2006 2005 / 3439 (C.144)
Schedule 2 1 January 2006 2005 / 3439 (C.144)
Schedule 3 1 January 2006 2005 / 3439 (C.144)
Schedule 4, paragraph 3 in part 6 April 2006 2006 / 656 (C.16)
Schedule 5, Part 8 1 January 2006 2005 / 3439 (C.144)

The following Commencement Orders have been made under the 2005 Act by the Secretary of State in relation to England and Wales—

The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 1) Order 2005 (S.I. 2005 No. 1675) (C.69);

The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 2, Transitional Provisions and Savings) (England and Wales) Order 2005 (S.I. 2005 No. 2896) (C. 122);

The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 3) Order 2005 (S.I. 2005 No. 3439) (C. 144);

The Clean Neighbourhoods and Environment Act 2006 (Commencement No. 4) Order (S.I. 2006 No. 656) (C. 16);

The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 2, Transitional Provisions and Savings) (England and Wales) (Amendment) Order 2006 (S.I. 2006 No. 1002) (C. 31);

The following Commencement Orders have been made under the Clean Neighbourhoods and Environment Act 2005 by the Secretary of State in relation to England—

The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 1, Transitional and Savings Provisions) (England) Order 2006 (S.I. 2006 No. 795) (C. 19);

The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 2) (England) Order 2006 (S.I. 2006 No. 1361) (C. 46);

The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 3) (England) Order 2006 (S.I. 2006 No. 2006) (C. 69).


Notes:

[1] 2005 c. 16.back

[2] 1978 c. 3.back

[3] 1984 c. 27.back

[4] 1996 c. 20.back

[5] 1989 c. 14; section 5 is substituted by section 37 of the 2005 Act.back

[6] 1996 c. 37.back

[7] 2003 c.26back

[8] 1996 c. 20.back

[9] 1990 c. 43; section 119(1) of the Local Government Act 2003 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, to fixed penalties for dog fouling offences.back

[10] 2002 c. 30.back

[11] S.I. 2006/768 (W. 75) (C. 18).back

[12] 1998 c. 38.back



Cymraeg (Welsh)



ISBN 0 11 091406 6


 © Crown copyright 2006

Prepared 25 October 2006


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