Clean Neighbourhoods and Environment Act 2005

57 Land to which Chapter 1 applies E+W

(1) Subject to this section, this Chapter applies to any land which is open to the air and to which the public are entitled or permitted to have access (with or without payment).

(2) For the purposes of this section, any land which is covered is to be treated as land which is “open to the air” if it is open to the air on at least one side.

(3) The appropriate person may by order designate land as land to which this Chapter does not apply (generally or for such purposes as may be specified in the order).

(4) Land may be designated under subsection (3) specifically or by description.

(5) Where a private Act confers powers on a person other than a primary or secondary authority for the regulation of any land, that person may, by notice in writing given to the primary and secondary authorities in whose area the land is situated, exclude the application of this Chapter to that land.

Modifications etc. (not altering text)

C1 Pt. 6 Ch. 1 excluded (6.4.2006) (E.) by The Controls on Dogs (Non-application to Designated Land) Order 2006 (S.I. 2006/779), arts. 1(b), 3, Sch.

Commencement Information

I1 S. 57 in force at 14.3.2006 for specified purposes for E. by S.I. 2006/795, art. 2(1), Sch. 1

I2 S. 57 in force at 16.3.2006 for specified purposes for W. by S.I. 2006/768, art. 3

I3 S. 57 in force at 6.4.2006 for E. in so far as not already in force by S.I. 2006/795, art. 2(3), Sch. 2

I4 S. 57 in force at 15.3.2007 (being the date on which S.I. 2007/702 came into force) for W. in so far as not already in force by S.I. 2006/2797, art. 5(b) (as amended by S.I. 2007/120, art. 3(a)(b))