Clean Neighbourhoods and Environment Act 2005

103 Sections 101 and 102: supplementary

(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).”