Clean Neighbourhoods and Environment Bill

House of Commons

Session 2004 - 05
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Clean Neighbourhoods and Environment Bill

Clean Neighbourhoods and Environment Bill
Schedule 4 — Minor and consequential amendments
90

Schedule 4
Section 106

Minor and consequential amendments
Highways Act 1980 (c. 66)
1
In section 325 of the Highways Act 1980, in subsection (2)(a), after
“subsection (2A) below” insert “or regulations made by the National
5
Assembly for Wales under Part 8A”.
Environmental Protection Act 1990 (c. 43)
2
The Environmental Protection Act 1990 is amended as follows.
3     (1)
Section 52 is amended as follows.
      (2)
After subsection (4) insert—
10
“(4A)
The Secretary of State may by regulations impose on waste disposal
authorities in England a duty to make payments corresponding to
the payments which are authorised by subsection (3)(a) above to
such persons in such circumstances and in respect of such
descriptions or quantities of waste as are specified in the
15
regulations.”
      (3)
In subsection (5)—
(a)
after “authorities” insert “in Wales”; and
(b)
for “subsection (3)” substitute “subsection (3)(b)”.
      (4)
In subsection (6), for “subsections (1), (3)” substitute “subsections (1)(b),
20
(3)(b)”.
      (5)
In subsection (7), for “subsections (2) and (4)” substitute “subsections (2)(b)
and (4)(b)”.
      (6)
In subsection (8), for “subsections (1), (2), (3), (4)” substitute “subsections
(1)(b), (2)(b), (3)(b), (4)(b)”.
25
4
In section 60(1)—
(a)
in paragraph (a), for the words from “a waste disposal contractor” to
the end substitute “or under arrangements made with a waste
disposal authority or by any other local authority or person”;
(b)
in paragraph (b), for the words from “a waste disposal contractor” to
30
the end substitute “or under arrangements made with a waste
disposal authority, by a parish or community council or by a holder
of a waste management licence; or”.
5
In section 89(1), at the end of paragraph (e) insert “and”.
6
In section 91(1), at the end of paragraph (e) insert “or”.
35
7
In section 92(1), at the end of paragraph (b) insert “or”.
8
In section 95(1), after paragraph (b) insert “and
(c)
all orders made by the authority under paragraph 2(1) of
Schedule 3A.”
9
In section 96(1)(b), after “section 92(9)” insert “or 92C(3)”.
40

Clean Neighbourhoods and Environment Bill
Schedule 4 — Minor and consequential amendments
91

10    (1)
Section 161 is amended as follows.
      (2)
In subsection (1) after “Secretary of State” insert “, National Assembly for
Wales”.
      (3)
After subsection (2), insert—
“(2A)
Subsection (2) does not apply to a statutory instrument made solely
5
by the National Assembly for Wales.”
      (4)
In subsection (4), at the end insert “or
(c)
which is made solely by the National Assembly for Wales.”
Control of Pollution (Amendment) Act 1989 (c. 14)
11    (1)
Section 8 of the Control of Pollution (Amendment) Act 1989 is amended as
10
follows.
      (2)
In subsection (1), after “regulations” insert “or orders”.
      (3)
After that subsection insert—
“(1A)
The powers of the National Assembly for Wales to make regulations
or orders under sections 5 to 5C above are exercisable by statutory
15
instrument.”
      (4)
In subsection (2)—
(a)
after “Regulations” insert “or orders”;
(b)
in paragraph (a) for “Secretary of State” substitute “person making
the regulations or order”.
20
Anti-social Behaviour Act 2003 (c. 38)
12
The Anti-social Behaviour Act 2003 is amended as follows.
13
In section 41(3), in the definition of “temporary event notice” for “section
170(6)” substitute “section 171(6)”.
14
In section 45, for subsection (1) substitute—
25
“(1)
The fixed penalty payable in pursuance of a notice under section
43(1) is payable to the local authority whose authorised officer gave
the notice.”
15
In section 47(1), after “sections 43” insert “to 43B”.
16
In the cross-heading preceding section 48, after “graffiti” insert “and fly-
30
posting”.
17    (1)
Section 48 is amended as follows.
      (2)
In the heading, for “Graffiti removal notices” substitute “Defacement
removal notices”.
      (3)
In subsections (2) and (6), for “graffiti removal notice” substitute
35
“defacement removal notice”.
      (4)
In subsection (7), for “graffiti removal notices” substitute “defacement
removal notices”.

Clean Neighbourhoods and Environment Bill
Schedule 5 — Repeals
Part 2 — Litter and refuse
92

      (5)
In subsection (8)(a), for “graffiti removal notice” substitute “defacement
removal notice”.
      (6)
In subsection (12), for ““graffiti removal notice”” substitute ““defacement
removal notice””.
      (7)
In that subsection, in the definition of “local authority”, at the end insert “but
5
not a parish or community council”.
18
In sections 49(1) and 51(1) and (3), for “graffiti removal notice” substitute
“defacement removal notice”.
19
In the heading to section 52, for “graffiti removal notices” substitute
“defacement removal notices”.
10
Schedule 5
Section 107

Repeals
Part 1
Vehicles

Short title and chapter
Extent of repeal

15

Refuse Disposal (Amenity) Act
In section 3—

1978 (c. 3)
(a)
subsection (5);

(b)
in subsection (8), the words from “, other

than” to “subsection (5) above,”.

In section 4—

20

(a)
in subsection (1), the words from “but

not earlier” to the end;

(b)
subsection (2).

Greater London Council
Section 5.

(General Powers) Act 1982

25

(c.i)

Road Traffic Regulation Act
Section 99(4).

1984 (c. 27)
In section 101(3)—

(a)
in paragraph (a), the words from “and

on which” to “at the time of its removal”;

30

(b)
the words from “but, in a case” to the

end.

London Local Authorities Act
Section 3.

2004 (c. i)
Section 11.

Part 2
35
Litter and refuse

Short title and chapter
Extent of repeal

Environmental Protection Act
Section 86(12).

1990 (c. 43)

Clean Neighbourhoods and Environment Bill
Schedule 5 — Repeals
Part 4 — Waste
93

Short title and chapter
Extent of repeal

Environmental Protection Act
Section 89(1)(g) and the preceding “and”.

1990 (c. 43)—cont.
Section 90.

Section 91(1)(g) and the preceding “or”.

In section 92—

5

(a)
subsection (1)(d) and the preceding “or”;

(b)
subsection (3)(d).

In section 94(3), the words from “but a specified

area” to the end.

Section 95(1)(a).

10

London Local Authorities Act
Section 4.

1994 (c. xii)

City of Newcastle upon Tyne
Sections 21 and 22.

Act 2000 (c. viii)

Part 3
15
Graffiti and other defacement

Short title and chapter
Extent of repeal

Town and Country Planning
Section 324(3)(a).

Act 1990 (c. 8)

London Local Authorities Act
Section 10.

20

1995 (c. x)

Anti-social Behaviour Act 2003
Section 43(10) and (11).

(c. 38)

London Local Authorities Act
Section 25.

2004 (c. i)

25
Part 4
Waste

Short title and chapter
Extent of repeal

Control of Pollution
Section 1(4)(c) and the preceding “or”.

(Amendment) Act 1989 (c. 14)
In section 2—

30

(a)
in subsection (2)(c), the words “free of

charge”;

(b)
subsection (2)(d);

(c)
in subsection (2)(e), the words “free of

charge”;

35

(d)
subsection (3)(b);

(e)
subsection (3A)(a).

Section 6.

Environmental Protection Act
Section 30(5).

1990 (c. 43)
Section 32.

40

Section 33(7)(b).

Clean Neighbourhoods and Environment Bill
Schedule 5 — Repeals
Part 6 — Stray dogs
94

Short title and chapter
Extent of repeal

Environmental Protection Act
In section 48—

1990 (c. 43)—cont.
(a)
in subsection (4), the words “with a

waste disposal contractor” and “for the

contractor”;

5

(b)
in subsection (6), the words “, subject to

subsection (7) below,”;

(c)
subsection (7).

In section 51—

(a)
in subsection (1), the words from “in

10

either case” to the end;

(b)
subsection (4)(b) to (d);

(c)
subsections (5) and (6).

In section 55(2)(a) and (b), the words “with

waste disposal contractors for them”.

15

In section 60(2)(a) and (b), the word “,

contractor”.

In section 77—

(a)
in subsection (1), the definitions of

“existing disposal authority”, “existing

20

disposal plan”, “relevant part of its

undertaking” and “the vesting date”;

(b)
subsection (4);

(c)
subsections (6) to (9).

Schedule 2.

25

Part 5
Dog controls

Short title and chapter
Extent of repeal

Dogs (Fouling of Land) Act
The whole Act.

1996 (c. 20)

30

Police Reform Act 2002 (c. 30)
In Schedule 4, paragraph 1(2)(c).

In Schedule 5, paragraph 1(2)(b).

Part 6
Stray dogs

Short title and chapter
Extent of repeal

35

Dogs Act 1906 (c. 32)
Sections 3 and 4.

Dogs (Amendment) Act 1928
Section 2.

(c. 21)

Local Government Act 1988
Section 39.

(c. 9)

40

Clean Neighbourhoods and Environment Bill
Schedule 5 — Repeals
Part 9 — Use of fixed penalty receipts
95

Short title and chapter
Extent of repeal

Environmental Protection Act
In the heading to section 150, the words “police

1990 (c. 43)
or”.

In section 150—

(a)
in subsection (1), in paragraph (b), sub-

5

paragraph (ii) and the preceding “or”;

(b)
in that subsection, the words from “or

the police officer” to “as the case may

be,”.

In Schedule 15, paragraph 3.

10

Part 7
Noise

Short title and chapter
Extent of repeal

London Local Authorities Act
Section 23.

1991 (c. xiii)

15

Noise and Statutory Nuisance
Section 9.

Act 1993 (c. 40)
Schedule 3.

Noise Act 1996 (c. 37)
In the heading to section 2, the words “from a

dwelling”.

Section 8(8).

20

Section 9(3).

In section 9(4A), the word “and” at the end of

paragraph (a).

Part 8
Architecture and the built environment
25

Short title and chapter
Extent of repeal

Environmental Protection Act
In section 153(1), the paragraph (rr) inserted by

1990
article 2 of the Financial Assistance for

Environmental Purposes (England) Order

2003 (S.I. 2003/714).

30
Part 9
Use of fixed penalty receipts

Short title and chapter
Extent of repeal

Local Government Act 2003
Section 100(2)(f).

(c. 26)
Section 119.

35

Anti-social Behaviour Act 2003
Section 45(3) to (9).

(c. 38)

Clean Neighbourhoods and Environment Bill
Schedule 5 — Repeals
Part 10 — Contaminated land
96

Part 10
Contaminated land

Short title and chapter
Extent of repeal

Environmental Protection Act
In section 78L—

1990 (c. 43)
(a)
in subsection (4), paragraph (b) and, in

5

paragraph (c), the words from “or on” to

the end;

(b)
in subsection (6), the words “, so far as

relating to appeals to the Secretary of

State,”.

10