The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 6 and Saving) (England and Wales) Order 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/425 |
| Year | 2015 |
2015No. 425 (C. 24)
ENVIRONMENTAL PROTECTION, ENGLAND AND WALES
The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 6 and Saving) (England and Wales) Order 2015
2ndMarch2015
The Secretary of State in relation to England, and the Welsh Ministers in relation to Wales, make this Order in exercise of the powers conferred by section 108(1), (2)(f), (g) and (o), and (5) of the Clean Neighbourhoods and Environment Act 2005( 1).
Citation, extent, application and interpretation
1.-(1) This Order may be cited as the Clean Neighbourhoods and Environment Act 2005 (Commencement No. 6 and Saving) (England and Wales) Order 2015.
(2) This Order extends to England and Wales.
(3) Article 2applies to England only.
(4) Article 3applies to Wales only.
(5) In this Order-
"the 1989 Act" means the Control of Pollution (Amendment) Act 1989( 2);
"the 2005 Act" means the Clean Neighbourhoods and Environment Act 2005.
Commencement of provisions on the day after the day on which this Order is made: England
2. The following provisions of the 2005 Act come into force, for the purpose of making regulations and issuing guidance, on the day after the day on which this Order is made-
(a) section 37 (enforcement powers); and(b) section 46( 3) (power to search and seize vehicles).Commencement of provisions on the day after the day on which this Order is made: Wales
3. Part 9 of Schedule 5 to the 2005 Act (repeals: use of fixed penalty receipts), so far as not already in force, comes into force on the day after the day on which this Order is made.
Commencement of provisions on 6th April 2015
4.-(1) The following provisions of the 2005 Act come into force on 6th April 2015 so far as not already in force-
(a) section 37; and(b) section 46.(2) In Part 4 of Schedule 5 to the 2005 Act, the repeal of section 6 of the 1989 Act( 4) (seizure and disposal of vehicles used for illegal waste disposal), except in relation to section 6(1)(c) and (5) to (7) for the purpose of making regulations, comes into force on 6th April 2015.
(3) In Part 4 of Schedule 5 to the 2005 Act, the repeal of section 6 of the 1989 Act, so far as not already in force, comes into force on 6th April 2015 immediately after the coming into force of the Control of Waste (Dealing with Seized Property) (England and Wales) Regulations 2015( 5).
Saving
5. Notwithstanding the repeal of section 6 of the 1989 Act, that section continues to have effect in relation to any vehicle seized under that section before 6th April 2015.
|
Dan Rogerson Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs |
|
1st March 2015 |
|
|
Carl Sargeant Minister for Natural Resources, one of the Welsh Ministers |
|
2nd March 2015 |
EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into force certain provisions of the Clean Neighbourhoods and Environment Act 2005 (c. 16).
Article 2brings into force as regards England sections 37 (enforcement powers) and 46 (power to search and seize vehicles) for the purpose of making regulations and issuing guidance. Section 37 substitutes new provisions for section 5 of the Control of Pollution (Amendment) Act 1989 (c. 14)("the 1989 Act"). Section 46 inserts new provisions into the Environmental Protection Act 1990 (c. 43).
Article 3brings into force as regards Wales Part 9 of Schedule 5 in respect of the repeal of section 100(2)(f) of the Local Government Act 2003 (c. 26).
Article 4brings into force on 6th April 2015 as regards England and Wales the remainder of sections 37 and 46, and the remainder of Part 4 of Schedule 5 (in respect of the repeal of section 6 of the 1989 Act (seizure and disposal of vehicles used for illegal waste disposal)).
Article 5provides that section 6 of the 1989 Act continues to have effect in relation to vehicles seized under that section before 6th April 2015.
An impact assessment has not been produced for this instrument as no impact on the costs of business is foreseen.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
The following provisions of the Clean Neighbourhoods and Environment Act 2005 have been brought into force by commencement orders made before the date of this Order:
Provision |
Date of Commencement |
S.I. No. |
Section 2 as to England |
1st April 2006 |
2006/795 |
Section 2 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 2 as to Wales (for all remaining purposes) |
19th February 2007 |
2006/2797 |
Section 6 as to England (partially) |
14th March 2006 |
2006/795 |
Section 6 as to England (for all remaining purposes) |
6th April 2006 |
2006/795 |
Section 6 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 6 as to Wales (for all remaining purposes) |
15th March 2007 |
2006/2797 |
Section 7 as to England |
6th April 2006 |
2006/795 |
Section 7 as to Wales |
15th March 2007 |
2006/2797 |
Section 8 as to England (partially) |
14th March 2006 |
2006/795 |
Section 8 as to England (for all remaining purposes) |
6th April 2006 |
2006/795 |
Section 8 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 8 as to Wales (for all remaining purposes) |
15th March 2007 |
2006/2797 |
Section 9 as to England |
14th March 2006 |
2006/795 |
Section 9 as to Wales |
15th March 2007 |
2006/2797 |
Section 10 as to England |
6th April 2006 |
2006/795 |
Section 10 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 10 as to Wales (for all remaining purposes) |
15th March 2007 |
2006/2797 |
Sections 11 to 13 as to England |
18th October 2005 |
2005/2896 |
Sections 11 and 12 as to Wales |
27th October 2006 |
2006/2797 |
Section 13 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 13 as to Wales (for all remaining purposes) |
27th October 2006 |
2006/2797 |
Sections 15 to 17 as to England |
18th October 2005 |
2005/2896 |
Sections 15 and 16 as to Wales |
27th October 2006 |
2006/2797 |
Section 17 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 17 as to Wales (for all remaining purposes) |
27th October 2006 |
2006/2797 |
Section 19 as to England (partially) |
14th March 2006 |
2006/795 |
Section 19 as to England (for all remaining purposes) |
6th April 2006 |
2006/795 |
Section 19 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 19 as to Wales (for all remaining purposes) |
15th March 2007 |
2006/2797 |
Sections 20 to 25 as to England |
6th April 2006 |
2006/795 |
Section 20 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 20 as to Wales (for all remaining purposes) |
15th March 2007 |
2006/2797 |
Sections 21 to 23 as to Wales |
15th March 2007 |
2006/2797 |
Section 24 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 24 as to Wales (for all remaining purposes) |
15th March 2007 |
2006/2797 |
Section 25 as to Wales |
15th March 2007 |
2006/2797 |
Sections 28 and 29 as to England |
6th April 2006 |
2006/795 |
Section 28 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 28 as to Wales (for all remaining purposes) |
15th March 2007 |
2006/2797 |
Section 29 as to Wales |
15th March 2007 |
2006/2797 |
Section 30 as to England (partially) |
14th March 2006 |
2006/795 |
Section 30 as to England (for all remaining purposes) |
6th April 2006 |
2006/795 |
Section 30 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 30 as to Wales (for all remaining purposes) |
15th March 2007 |
2006/2797 |
Section 31 as to England |
6th April 2006 |
2006/795 |
Section 31 as to Wales |
15th March 2007 |
2006/2797 |
Section 32 as to England and Wales |
1st July 2005 |
2005/1675 |
Section 34 as to England |
6th April 2006 |
2006/795 |
Section 34 as to Wales |
27th October 2006 |
2006/2797 |
Section 37 as to England (partially) |
6th April 2006 |
2006/795 |
Section 37 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 37 as to Wales (partially) |
27th October 2006 |
2006/2797 |
Section 38 as to England |
6th April 2006 |
2006/795 |
Section 38 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 38 as to Wales (for all remaining purposes) |
15th March 2007 |
2006/2797 |
Sections 42 to 44 as to England and Wales |
18th October 2005 |
2005/2896 |
Section 45 as to England |
6th April 2006 |
2006/795 |
Section 45 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 45 as to Wales (for all remaining purposes) |
15th March 2007 |
2006/2797 |
Section 46 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 47 as to England |
18th October 2005 |
2005/2896 |
Section 47 as to Wales |
16th March 2006 |
2006/768 |
Section 48 as to England |
6th April 2006 |
2006/795 |
Section 48 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 48 as to Wales (for all remaining purposes) |
15th March 2007 |
2006/2797 |
Section 49 as to England and Wales (partially) |
7th March 2006 |
2006/656 |
Section 49 as to England and Wales (partially) |
6th April 2006 |
2006/656 |
Section 50 as to England |
6th April 2006 |
2006/795 |
Section 50 as to Wales |
27th October 2006 |
2006/2797 |
Section 52 as to England |
6th April 2006 |
2006/795 |
Section 52 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 52 as to Wales (for all remaining purposes) |
15th March 2007 |
2006/2797 |
Section 53 as to England |
18th October 2005 |
2005/2896 |
Section 53 as to Wales |
16th March 2006 |
2006/768 |
Section 55 as to England (partially) |
14th March 2006 |
2006/795 |
Section 55 as to England (for all remaining purposes) |
6th April 2006 |
2006/795 |
Section 55 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 55 as to Wales (for all remaining purposes) |
15th March 2007 |
2006/2797 |
Section 56 as to England |
14th March 2006 |
2006/795 |
Section 56 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 56 as to Wales (for all remaining purposes) |
27th October 2006 |
2006/2797 |
Section 57 as to England (partially) |
14th March 2006 |
2006/795 |
Section 57 as to England (for all remaining purposes) |
6th April 2006 |
2006/795 |
Section 57 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 57 as to Wales (for all remaining purposes) |
15th March 2007 |
2006/2797 |
Section 58 as to England |
6th April 2006 |
2006/795 |
Section 58 as to Wales (partially) |
16th March 2006 |
2006/768 |
Section 58 as to Wales (for all remaining purposes) |
15th March 2007 |
2006/2797 |
Section 59 as to England (partially) |
14th March... |
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