SCHEDULES
SCHEDULE 4Minor and consequential amendments
Highways Act 1980 (c. 66)
1
In section 325 of the Highways Act 1980, in subsection (2)(a), after “subsection (2A) below” insert “
or regulations made by the National Assembly for Wales under Part 8A
”
.
Environmental Protection Act 1990 (c. 43)
2
The Environmental Protection Act 1990 is amended as follows.
3
I31
Section 52 is amended as follows.
I32
After subsection (4) insert—
4A
The Secretary of State may by regulations impose on waste disposal authorities in England a duty to make payments corresponding to the payments which are authorised by subsection (3)(a) above to such persons in such circumstances and in respect of such descriptions or quantities of waste as are specified in the regulations.
I33
In subsection (5)—
a
after “authorities” insert “
in Wales
”
; and
b
for “subsection (3)” substitute “
subsection (3)(b)
”
.
I34
In subsection (6), for “subsections (1), (3)” substitute “
subsections (1)(b), (3)(b)
”
.
5
In subsection (7), for “subsections (2) and (4)” substitute “
subsections (2)(b) and (4)(b)
”
.
I46
In subsection (8), for “subsections (1), (2), (3), (4)” substitute “
subsections (1)(b), (2)(b), (3)(b), (4)(b)
”
.
I1I24
In section 60(1)—
a
in paragraph (a), for the words from “a waste disposal contractor” to the end substitute “
or under arrangements made with a waste disposal authority or by any other local authority or person
”
;
b
in paragraph (b), for the words from “a waste disposal contractor” to the end substitute “
or under arrangements made with a waste disposal authority, by a parish or community council or by a holder of a waste management licence; or
”
.
I55
In section 89(1), at the end of paragraph (e) insert “
and
”
.
I66
In section 91(1), at the end of paragraph (e) insert “
or
”
.
I77
In section 92(1), at the end of paragraph (b) insert “
or
”
.
I88
In section 95(1), after paragraph (b) insert
and
c
all orders made by the authority under paragraph 2(1) of Schedule 3A.
I99
In section 96(1)(b), after “section 92(9)” insert “
or 92C(3)
”
.
10
1
Section 161 is amended as follows.
2
In subsection (1) after “Secretary of State” insert “
, National Assembly for Wales
”
.
3
After subsection (2), insert—
2A
Subsection (2) does not apply to a statutory instrument made solely by the National Assembly for Wales.
4
In subsection (4), at the end insert
or
c
which is made solely by the National Assembly for Wales.
Control of Pollution (Amendment) Act 1989 (c. 14)
11
1
Section 8 of the Control of Pollution (Amendment) Act 1989 is amended as follows.
2
In subsection (1), after “regulations” insert “
or orders
”
.
3
After that subsection insert—
1A
The powers of the National Assembly for Wales to make regulations or orders under sections 5 to 5C above are exercisable by statutory instrument.
4
In subsection (2)—
a
after “Regulations” insert “
or orders
”
;
b
in paragraph (a) for “Secretary of State” substitute “
person making the regulations or order
”
.
Anti-social Behaviour Act 2003 (c. 38)
12
The Anti-social Behaviour Act 2003 is amended as follows.
13
In section 41(3), in the definition of “temporary event notice” for “section 170(6)” substitute “
section 171(6)
”
.
I1014
In section 45, for subsection (1) substitute—
1
The fixed penalty payable in pursuance of a notice under section 43(1) is payable to the local authority whose authorised officer gave the notice.
I1115
In section 47(1), after “sections 43” insert “
to 43B
”
.
I1216
In the cross-heading preceding section 48, after “graffiti” insert “
and fly-posting
”
.
I1317
1
Section 48 is amended as follows.
2
In the heading, for “Graffiti removal notices” substitute “
Defacement removal notices
”
.
3
In subsections (2) and (6), for “graffiti removal notice” substitute “
defacement removal notice
”
.
4
In subsection (7), for “graffiti removal notices” substitute “
defacement removal notices
”
.
5
In subsection (8)(a), for “graffiti removal notice” substitute “
defacement removal notice
”
.
6
In subsection (12), for ““graffiti removal notice”” substitute “
“defacement removal notice”
”
.
7
In that subsection, in the definition of “local authority”, at the end insert “
but not a parish or community council
”
.
I1418
In sections 49(1) and 51(1) and (3), for “graffiti removal notice” substitute “
defacement removal notice
”
.
I1519
In the heading to section 52, for “graffiti removal notices” substitute “
defacement removal notices
”
.