Explanatory Note
(This note is not part of the Order)
Section 103 of the Clean Neighbourhoods and Environment Act 2005 (c. 16) (“the 2005 Act”) amends section 80(8) of the Environmental Protection Act 1990 (c. 43) (“the 1990 Act”) with the effect that the defence (to the offence under section 80(4) of the 1990 Act of contravening or failing to comply with the terms or requirements of an abatement notice served under section 80(1) of the 1990 Act) of having used best practicable means to prevent, or counteract the effects of, a statutory nuisance is available in respect of a nuisance caused by artificial light which arises from lights used to illuminate an outdoor relevant sports facility.
A relevant sports facility is defined in section 80(8A) of the 1990 Act as an area, with or without structures, used when participating in a relevant sport, other than such an area comprised in domestic premises.
Section 80(8B) of the 1990 Act confers upon the National Assembly for Wales, in relation to Wales, the function of designating a sport as a “relevant sport” for the purposes of section 80(8A) of the 1990 Act. This Order is made in exercise of that function.
This Order also effects minor amendments to the Clean Neighbourhoods and Environment Act 2005 (Commencement No. 2, Transitional Provisions and Savings) (Wales) Order 2006 (S.I. 2006/2797 (W. 236) (C. 93)).