House of Commons portcullis
House of Commons
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Anti-social Behaviour Bill


Anti-social Behaviour Bill
Part 7 — The environment

    42

 

           (2)           Each such authority must, by such time in each year as the Secretary of

State may specify, provide him, in respect of such period as he may

specify, with such information as he may specify in relation to the

categories and quantities of waste with respect to which it has exercised

its powers under section 59 above.

5

           (3)           Priorities set out in directions under subsection (1) above may be

different for different authorities or areas.

           (4)           But nothing in this section or in any directions issued under it affects

any power of an authority under section 59 above.”

     (5)    Subsection (15) of section 108 of the Environment Act 1995 (c. 25) (powers of

10

enforcing authorities and persons authorised by them) is amended in

accordance with subsections (6) to (8).

     (6)    In the definition of “enforcing authority” after paragraph (b) insert—

                    “(ba)                      a waste collection authority;”.

     (7)    After the definition of “pollution control functions” in relation to the Agency

15

or SEPA insert—

                    ““pollution control functions”, in relation to a waste collection authority,

means the functions conferred on it by section 59 of the Environmental

Protection Act 1990;”.

     (8)    After the definition of “premises” insert—

20

                    ““waste collection authority” shall be construed in accordance with

section 30(3)(a), (b) and (bb) of the Environmental Protection Act 1990.”

     (9)    The reference to the Environmental Protection Act 1990 (c. 43) in Schedule 1 to

the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/

672) is to be treated as referring to that Act as amended by this section.

25

 55    Extension of litter authority powers to take remedial action

     (1)    For section 92(10) of the Environmental Protection Act 1990 (restriction on

remedial action by litter authorities) substitute—

           “(10)              Subsection (9) above does not apply in relation to any land to which

subsection (11) or (12) below applies.

30

           (11)              This subsection applies to any relevant Crown land which is occupied

for naval, military or air force purposes.

           (12)              This subsection applies to any relevant land of a statutory undertaker

in relation to which the Secretary of State has specified, by order, that it

is requisite or expedient that, in the national interest, subsection (9)

35

above should not apply.”

     (2)    The reference to the Environmental Protection Act 1990 in Schedule 1 to the

National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/

672) is to be treated as referring to that Act as amended by this section.

 

 

Anti-social Behaviour Bill
Part 8 — General

    43

 

Part 8

General

 56    Repeals

Schedule 3 contains repeals.

 57    Commencement

5

     (1)    Except as provided in subsection (2), the preceding provisions of this Act come

into force in accordance with provision made by the Secretary of State by order.

     (2)    Part 2 and sections 18 to 21, 23(1), 45 to 50, 52, 54 and 55

           (a)           so far as relating to England, come into force in accordance with

provision made by the Secretary of State by order;

10

           (b)           so far as relating to Wales, come into force in accordance with provision

made by the National Assembly for Wales by order.

 58    Orders and regulations

     (1)    References in this section to subordinate legislation are to—

           (a)           an order of the Secretary of State or the National Assembly for Wales

15

under this Act;

           (b)           regulations under this Act.

     (2)    Subordinate legislation—

           (a)           may make different provision for different purposes and different

areas;

20

           (b)           may include incidental, supplemental, consequential, saving or

transitional provisions.

     (3)    A power to make subordinate legislation is exercisable by statutory

instrument.

     (4)    A statutory instrument is subject to annulment in pursuance of a resolution of

25

either House of Parliament if it contains subordinate legislation made by the

Secretary of State other than an order under section 57.

 59    Money

There shall be paid out of money provided by Parliament any increase

attributable to this Act in the sums payable out of money so provided under

30

any other enactment.

 60    Extent

     (1)    Parts 1 to 5 and 7 extend to England and Wales only.

     (2)    Part 6 and this Part do not extend to Northern Ireland.

 61    Short title

35

This Act may be cited as the Anti-social Behaviour Act 2003.

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2003
Revised 23 May 2003