The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 6 and Saving) (England and Wales) Order 2015

Made: 2nd March 2015

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[^f00001].

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 2 applies to England only.

• (4) Article 3 applies to Wales only.

• (5) In this Order—

• “the 1989 Act” means the Control of Pollution (Amendment) Act 1989[^f00002];

• “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[^f00003] (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[^f00004] (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[^f00005].

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.

Signed

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)

EXPLANATORY NOTE

This Order brings into force certain provisions of the Clean Neighbourhoods and Environment Act 2005 (c. 16).

Article 2 brings 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 3 brings 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 4 brings 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 5 provides 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.

Footnotes

[^f00001]: 2005 c. 16. In relation to Wales, the functions of the National Assembly for Wales conferred by section 108(1)(b) of the 2005 Act were transferred to the Welsh Ministers by the Government of Wales Act 2006 (c. 32), Schedule 11, paragraphs 30 and 32.

[^f00002]: 1989 c. 14.

[^f00003]: Section 34B of the Environmental Protection Act 1990 (c. 43) (as substituted by section 46 of the 2005 Act) was amended by S.I. 2005/2900, 2007/3538, 2010/675 and 2013/755.

[^f00004]: Section 6 was amended by the Environmental Protection Act 1990, Schedule 15, paragraph 31 and the Environment Act 1995 (c. 25), Schedule 22, paragraph 37(4).

[^f00005]: S.I. 2015/426.