Clean Neighbourhoods and Environment Act 2005

1. Introductory Text

2. Part 1 Crime and disorder

   1. 1. Crime and disorder reduction strategies

   2. 2. Gating orders

3. Part 2 Vehicles

   1. Nuisance parking offences

      1. 3. Exposing vehicles for sale on a road

      2. 4. Repairing vehicles on a road

      3. 5. Liability of directors etc

   2. Nuisance parking offences: fixed penalty notices

      1. 6. Power to give fixed penalty notices

      2. 7. Power to require name and address

      3. 8. Use of fixed penalty receipts

      4. 9. Fixed penalty notices: supplementary

   3. Abandoned vehicles

      1. 10. Offence of abandoning a vehicle: fixed penalty notices

      2. 11. Notice of removal

      3. 12. Disposal

      4. 13. Guidance

      5. 14. Abandoned vehicles: supplementary

   4. Illegally parked vehicles etc

      1. 15. Notice of removal

      2. 16. Disposal

      3. 17. Guidance

4. Part 3 Litter and refuse

   1. Offence of dropping litter

      1. 18. Extension of litter offence to all open places

      2. 19. Litter offence: fixed penalty notices

   2. Local authority notices

      1. 20. Litter clearing notices

      2. 21. Street litter control notices

      3. 22. Failure to comply with notice: fixed penalty notices

   3. Free distribution of printed matter

      1. 23. Controls on free distribution of printed matter

   4. General

      1. 24. Fixed penalty notices: common provision

      2. 25. Exclusion of liability

      3. 26. “Appropriate person”

      4. 27. “Litter”

5. Part 4 Graffiti and other defacement

   1. Graffiti and fly-posting

      1. 28. Fixed penalty notices: amount of fixed penalty

      2. 29. Fixed penalty notices: power to require name and address

      3. 30. Fixed penalty notices: authorised officers

      4. 31. Extension of graffiti removal notices to fly-posting

      5. 32. Sale of aerosol paint to children

   2. Advertisements

      1. 33. Unlawful display of advertisements: defences

      2. 34. Removal of placards and posters

6. Part 5 Waste

   1. Chapter 1 Transport of waste

      1. 35. Unregistered transport: defence of acting under employer's instructions

      2. 36. Registration requirements and conditions

      3. 37. Enforcement powers

      4. 38. Failure to produce authority: fixed penalty notices

      5. 39. Interpretation

   2. Chapter 2 Deposit and disposal of waste

      1. Offence of unlawful deposit of waste etc

         1. 40. Defence of acting under employer's instructions

         2. 41. Penalties on conviction

         3. 42. Investigation and enforcement costs

         4. 43. Clean-up costs

         5. 44. Forfeiture of vehicles

      2. Offences relating to documentation

         1. 45. Failure to furnish documentation: fixed penalty notices

      3. Offences: powers of seizure

         1. 46. Power to search and seize vehicles

      4. Local authority waste collection and disposal

         1. 47. Abolition of requirement to contract out waste disposal functions

         2. 48. Offences relating to waste receptacles: fixed penalty notices

         3. 49. Payments for waste recycling and disposal

         4. 50. Power to require owner of land to remove waste

      5. Supplementary

         1. 51. “Appropriate person”

         2. 52. Use of fixed penalty receipts

         3. 53. Supplementary enforcement powers

   3. Chapter 3 Site waste

      1. 54. Site waste management plans

7. Part 6 Dogs

   1. Chapter 1 Controls on dogs

      1. Dog control orders

         1. 55. Power to make dog control orders

         2. 56. Dog control orders: supplementary

         3. 57. Land to which Chapter 1 applies

         4. 58. Primary and secondary authorities

      2. Fixed penalty notices

         1. 59. Fixed penalty notices

         2. 60. Amount of fixed penalties

         3. 61. Power to require name and address

         4. 62. Community support officers etc

      3. Supplementary

         1. 63. Overlapping powers

         2. 64. Byelaws

         3. 65. Dogs (Fouling of Land) Act 1996

      4. General

         1. 66. “Appropriate person”

         2. 67. Regulations and orders

   2. Chapter 2 Stray dogs

      1. 68. Termination of police responsibility for stray dogs

8. Part 7 Noise

   1. Chapter 1 Audible intruder alarms

      1. Alarm notification areas

         1. 69. Designation of alarm notification areas

         2. 70. Withdrawal of designation

         3. 71. Notification of nominated key-holders

         4. 72. Nomination of key-holders

         5. 73. Offences under section 71: fixed penalty notices

         6. 74. Amount of fixed penalty

         7. 75. Use of fixed penalty receipts

         8. 76. Fixed penalty notices: power to require name and address

      2. Powers in relation to alarms

         1. 77. Power of entry

         2. 78. Warrant to enter premises by force

         3. 79. Powers of entry: supplementary

      3. Supplementary

         1. 80. Orders and regulations

         2. 81. Interpretation

   2. Chapter 2 General

      1. Noise from premises

         1. 82. Noise offences: fixed penalty notices

         2. 83. Noise offences: use of fixed penalty receipts

         3. 84. Extension of Noise Act 1996 to licensed premises etc

         4. 85. Noise Act 1996: supplementary

      2. Statutory noise nuisances

         1. 86. Deferral of duty to serve abatement notice

9. Part 8 Architecture and the built environment

   1. Commission for Architecture and the Built Environment

      1. 87. The Commission for Architecture and the Built Environment

      2. 88. General functions of the Commission

      3. 89. Changes to functions of the Commission

      4. 90. Power to dissolve the Commission

      5. 91. Dissolution of the old Commission

      6. 92. Transfer of staff, property etc

      7. 93. Tax

   2. Financial assistance

      1. 94. Architecture and the built environment: financial assistance

   3. Supplementary

      1. 95. Orders

10. Part 9 Miscellaneous

    1. Use of fixed penalty receipts

       1. 96. Use of fixed penalty receipts: higher tier authorities

       2. 97. Use of fixed penalty receipts: lower tier authorities

       3. 98. Sections 96 and 97: supplementary

    2. Shopping and luggage trolleys

       1. 99. Abandoned shopping and luggage trolleys

       2. 100. Section 99: transitional provision

    3. Statutory nuisances

       1. 101. Statutory nuisance: insects

       2. 102. Statutory nuisance: lighting

       3. 103. Sections 101 and 102: supplementary

    4. Pollution

       1. 104. Contaminated land: appeals against remediation notices

       2. 105. Offences relating to pollution etc: penalties on conviction

11. Part 10 General

    1. 106. Minor and consequential amendments

    2. 107. Repeals

    3. 108. Commencement

    4. 109. Money

    5. 110. Extent

    6. 111. Short title

12. SCHEDULES

    1. SCHEDULE 1

       Application of the Noise Act 1996 to licensed premises etc

       1. 1. The Noise Act 1996 (c. 37) is amended as follows....

       2. 2. In the heading to section 2, omit “from a dwelling”....

       3. 3. (1) Section 2 (investigations of complaints of noise) is amended...

       4. 4. (1) Section 3 (warning notices) is amended as follows.

       5. 5. In the heading to section 4, after “where noise” insert...

       6. 6. After section 4 insert— Offence where noise from other premises...

       7. 7. (1) Section 5 (permitted level of noise) is amended as...

       8. 8. (1) Section 6 (approval of measuring devices) is amended as...

       9. 9. (1) Section 7 (evidence) is amended as follows.

       10. 10. (1) Section 8 (fixed penalty notices) is amended as follows....

       11. 11. (1) Section 8A (amount of fixed penalty), as inserted by...

       12. 12. (1) Section 9 (section 8: supplementary) is amended as follows....

       13. 13. (1) Section 10 (powers of entry and seizure etc) is...

       14. 14. In the Schedule (powers in relation to seized equipment) in...

    2. SCHEDULE 2

       Commission for Architecture and the Built Environment

       1. Status

          1. 1. (1) The Commission is not to be regarded as the...

       2. Membership

          1. 2. (1) The Secretary of State must— (a) appoint the members...

       3. Tenure

          1. 3. (1) The Secretary of State may not appoint a person...

       4. Staff etc

          1. 4. (1) The Commission may appoint staff, agents and advisers.

       5. Committees

          1. 5. (1) The Commission may establish one or more committees.

       6. Remuneration etc

          1. 6. (1) The Commission may pay to or in respect of...

       7. Delegation

          1. 7. The Commission may delegate any of its functions to—

       8. Proceedings

          1. 8. (1) The Commission may, subject to the other provisions of...

       9. Accounts

          1. 9. (1) The Commission must— (a) keep proper accounting records, and...

       10. Annual report

           1. 10. (1) The Commission must send to the Secretary of State...

       11. Instruments and authentication

           1. 11. (1) The fixing of the seal of the Commission must...

       12. Records

           1. 12. In Schedule 1 to the Public Records Act 1958 (c....

       13. Disqualification

           1. 13. In the House of Commons Disqualification Act 1975 (c. 24),...

       14. Transitional provisions

           1. 14. (1) A person who immediately before the appointed day was...

       15. Interpretation

           1. 15. (1) The appointed day is the day on which section...

    3. SCHEDULE 3

       Transfer of staff, property etc from the old Commission

       1. Transfer of staff

          1. 1. For the purposes of TUPE— (a) the functions conferred on...

          2. 2. In paragraph 1 “TUPE” means the Transfer of Undertakings (Protection...

       2. Transfer of property, rights and liabilities

          1. 3. All property, rights and liabilities to which the old Commission...

          2. 4. The reference in paragraph 3 to rights and liabilities does...

          3. 5. Paragraph 3 has effect in relation to property, rights and...

          4. 6. Anything done by or in relation to the old Commission...

          5. 7. Anything (including legal proceedings) which immediately before the appointed day...

          6. 8. So far as is necessary or appropriate in consequence of...

       3. The appointed day

          1. 9. The appointed day is the day on which section 92...

    4. SCHEDULE 4

       Minor and consequential amendments

       1. Highways Act 1980 (c. 66)

          1. 1. In section 325 of the Highways Act 1980, in subsection...

       2. Environmental Protection Act 1990 (c. 43)

          1. 2. The Environmental Protection Act 1990 is amended as follows.

          2. 3. (1) Section 52 is amended as follows.

          3. 4. In section 60(1)— (a) in paragraph (a), for the words...

          4. 5. In section 89(1), at the end of paragraph (e) insert...

          5. 6. In section 91(1), at the end of paragraph (e) insert...

          6. 7. In section 92(1), at the end of paragraph (b) insert...

          7. 8. In section 95(1), after paragraph (b) insert and

          8. 9. In section 96(1)(b), after “section 92(9)” insert “ or 92C(3)...

          9. 10. (1) Section 161 is amended as follows.

       3. Control of Pollution (Amendment) Act 1989 (c. 14)

          1. 11. (1) Section 8 of the Control of Pollution (Amendment) Act...

       4. Anti-social Behaviour Act 2003 (c. 38)

          1. 12. The Anti-social Behaviour Act 2003 is amended as follows.

          2. 13. In section 41(3), in the definition of “temporary event notice”...

          3. 14. In section 45, for subsection (1) substitute—

          4. 15. In section 47(1), after “sections 43” insert “ to 43B...

          5. 16. In the cross-heading preceding section 48, after “graffiti” insert “...

          6. 17. (1) Section 48 is amended as follows.

          7. 18. In sections 49(1) and 51(1) and (3), for “graffiti removal...

          8. 19. In the heading to section 52, for “graffiti removal notices”...

    5. SCHEDULE 5

       Repeals

       1. Part 1 Vehicles

       2. Part 2 Litter and refuse

       3. Part 3 Graffiti and other defacement

       4. Part 4 Waste

       5. Part 5 Dog controls

       6. Part 6 Stray dogs

       7. Part 7 Noise

       8. Part 8 Architecture and the built environment

       9. Part 9 Use of fixed penalty receipts

       10. Part 10 Contaminated land