- Latest available (Revised)
- Point in Time (21/01/2012)
- Original (As enacted)
Point in time view as at 21/01/2012.
Clean Neighbourhoods and Environment Act 2005, Section 103 is up to date with all changes known to be in force on or before 28 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The Environmental Protection Act 1990 (c. 43) is amended as follows.
(2)In section 80(8) (summary proceedings for statutory nuisances: defence of best practicable means not available in certain cases)—
(a)in paragraph (a) after “paragraph (a), (d), (e), (f)” insert “ , (fa) ”, and
(b)after paragraph (a) insert—
“(aza)in the case of a nuisance falling within paragraph (fb) of section 79(1) above except where—
(i)the artificial light is emitted from industrial, trade or business premises, or
(ii)the artificial light (not being light to which sub-paragraph (i) applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility;”.
(3)After section 80(8) insert—
“(8A)For the purposes of subsection (8)(aza) a relevant sports facility is an area, with or without structures, that is used when participating in a relevant sport, but does not include such an area comprised in domestic premises.
(8B)For the purposes of subsection (8A) “relevant sport” means a sport that is designated for those purposes by order made by the Secretary of State, in relation to England, or the National Assembly for Wales, in relation to Wales.
A sport may be so designated by reference to its appearing in a list maintained by a body specified in the order.
(8C)In subsection (8A) “domestic premises” means—
(a)premises used wholly or mainly as a private dwelling, or
(b)land or other premises belonging to, or enjoyed with, premises so used.”
(4)In section 82(10) (summary proceedings by aggrieved person: defence of best practicable means not available in certain cases)—
(a)in paragraph (a) after “paragraph (a), (d), (e), (f)” insert “ , (fa) ”, and
(b)after paragraph (a) insert—
“(aza)in the case of a nuisance falling within paragraph (fb) of section 79(1) above except where—
(i)the artificial light is emitted from industrial, trade or business premises, or
(ii)the artificial light (not being light to which sub-paragraph (i) applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility;”.
(5)After section 82(10) insert—
“(10A)For the purposes of subsection (10)(aza) “relevant sports facility” has the same meaning as it has for the purposes of section 80(8)(aza).”
Commencement Information
I1S. 103 in force at 16.3.2006 for specified purposes for W. by S.I. 2006/768, art. 3
I2S. 103 in force at 6.4.2006 for E. by S.I. 2006/795, art. 2(3), Sch. 2
I3S. 103(1)(2)(b)(3)(4)(b)(5) in force at 31.1.2007 (being the date on which S.I. 2007/120, art. 2, Sch. came into force) for W. in so far as not already in force by S.I. 2006/2797, art. 7(b) (as amended by S.I. 2007/120, art. 3(e)-(h))
I4S. 103(2)(a)(4)(a) in force at 31.1.2007 (being the date on which S.I. 2007/117 came into force) for W. in so far as not already in force by S.I. 2006/2797, art. 6(b) (as amended by S.I. 2007/120, art. 3(c)(d))
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: