http://www.legislation.gov.uk/ukpga/2005/16/contentsClean Neighbourhoods and Environment Act 2005An Act to amend section 6 of the Crime and Disorder Act 1998; to make provision for the gating of certain minor highways; to make provision in relation to vehicles parked on roads that are exposed for sale or being repaired; to make provision in relation to abandoned vehicles and the removal and disposal of vehicles; to make provision relating to litter and refuse, graffiti, fly-posting and the display of advertisements; to make provision relating to the transportation, collection, disposal and management of waste; to make provision relating to the control of dogs and to amend the law relating to stray dogs; to make provision in relation to noise; to provide for the Commission for Architecture and the Built Environment and for the making of grants relating to the quality of the built environment; to amend the law relating to abandoned shopping and luggage trolleys; to amend the law relating to statutory nuisances; to amend section 78L of the Environmental Protection Act 1990; to amend the law relating to offences under Schedule 1 to the Pollution Prevention and Control Act 1999; and for connected purposes.texttext/xmlenStatute Law Database2011-05-272005-11-21 Pt. 6 Ch. 1art. 3 Sch.Clean Neighbourhoods and Environment Act 2005The Controls on Dogs (Non-application to Designated Land) Order 2006s. 1Sch. 15 Pt. 3Clean Neighbourhoods and Environment Act 2005Police and Justice Act 2006s. 90(4)Sch. 2 para. 1(k)Clean Neighbourhoods and Environment Act 2005The Transfer of Undertakings (Protection of Employment) Regulations 2006specified amended provision(s)art. 2commencement order for 2005 c. 16Clean Neighbourhoods and Environment Act 2005The Clean Neighbourhoods and Environment Act 2005 (Commencement No.2, Transitional Provisions and Savings) (England and Wales) (Amendment) Order 2006specified amended provision(s)art. 11commencement order for 2005 c. 16. This SI is amended by SI 2007/120Clean Neighbourhoods and Environment Act 2005The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 2, Transitional Provisions and Savings) (Wales) Order 2006Gorchymyn Deddf Cymdogaethau Glân a'r Amgylchedd 2005 (Cychwyn Rhif 2, Darpariaethau Trosiannol ac Arbedion) (Cymru) 2006specified provision(s)art. 2-4commencement order for 2005 c. 16. This SI is amended by SI 2006/2797Clean Neighbourhoods and Environment Act 2005The Clean Neighbourhoods and Environment Act 2005 (Commencement No.1 and Savings) (Wales) Order 2006Gorchymyn Deddf Cymdogaethau Glân a'r Amgylchedd 2005 (Cychwyn Rhif 1 ac Arbedion) (Cymru) 2006specified provision(s)art. 2commencement order for 2005 c. 16Clean Neighbourhoods and Environment Act 2005The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 2) (England) Order 2006specified provision(s)art. 2commencement order for 2005 c. 16Clean Neighbourhoods and Environment Act 2005The Clean Neighbourhoods and Environment Act 2005 (Commencement No.3)(England) Order 2006specified provision(s) and purposesart. 2 3commencement order for 2005 c. 16Clean Neighbourhoods and Environment Act 2005The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 4) Order 2006specified provision(s) and purposesart. 2 Sch. 1 2commencement order for 2005 c. 16Clean Neighbourhoods and Environment Act 2005The Clean Neighbourhoods and Environment Act 2005 (Commencement No.1, Transitional and Savings Provisions) (England) Order 2006specified provision(s) and purposesart. 2-7commencement order for 2005 c. 16. This SI is amended by SI 2007/120Clean Neighbourhoods and Environment Act 2005The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 2, Transitional Provisions and Savings) (Wales) Order 2006Gorchymyn Deddf Cymdogaethau Glân a'r Amgylchedd 2005 (Cychwyn Rhif 2, Darpariaethau Trosiannol ac Arbedion) (Cymru) 2006specified amended provision(s)art. 3commencement order for 2005 c. 16Clean Neighbourhoods and Environment Act 2005The Statutory Nuisances (Miscellaneous Provisions) (Wales) Order 2007Gorchymyn Niwsansau Statudol (Darpariaethau Amrywiol) (Cymru) 2007specified amended provision(s)art. 2 3commencement order for 2006 c. 48Clean Neighbourhoods and Environment Act 2005The Police and Justice Act 2006 (Commencement No. 3) Order 2007specified amended provision(s)art. 2commencement order for 2006 c. 48Clean Neighbourhoods and Environment Act 2005The Police and Justice Act 2006 (Commencement No. 5) Order 2007specified provision(s) and purposesart. 2commencement order for 2005 c. 16Clean Neighbourhoods and Environment Act 2005The Clean Neighbourhoods and Environment Act 2005 (Commencement No.4) (England) Order 2007specified provision(s) and purposesart. 2commencement order for 2005 c. 16Clean Neighbourhoods and Environment Act 2005The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 3) (Wales) Order 2007Gorchymyn Deddf Cymdogaethau Glân a'r Amgylchedd 2005 (Cychwyn Rhif 3) (Cymru) 2007s. 46(1)art. 3Clean Neighbourhoods and Environment Act 2005The Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005specified provision(s)art. 2commencement order for 2005 c. 16Clean Neighbourhoods and Environment Act 2005The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 1) Order 2005specified provision(s)art. 2commencement order for 2005 c. 16Clean Neighbourhoods and Environment Act 2005The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 3) Order 2005specified provision(s) and purposesart. 2 3commencement order for 2005 c. 16. This SI is amended by SI 2006/1002Clean Neighbourhoods and Environment Act 2005The Clean Neighbourhoods and Environment Act 2005 (Commencement No.2, Transitional Provisions and Savings) (England and Wales) Order 2005s. 54(1)Sch. para. 1(2)(a)Clean Neighbourhoods and Environment Act 2005Waste (Wales) Measure 2010Mesur Gwastraff (Cymru) 2010s. 54(1)(a)Sch. para 1(2)(b)Clean Neighbourhoods and Environment Act 2005Waste (Wales) Measure 2010Mesur Gwastraff (Cymru) 2010s. 54(8)Sch. para 1(3)Clean Neighbourhoods and Environment Act 2005Waste (Wales) Measure 2010Mesur Gwastraff (Cymru) 2010s. 54(9)Sch. para 1(4)Clean Neighbourhoods and Environment Act 2005Waste (Wales) Measure 2010Mesur Gwastraff (Cymru) 2010s. 105(2)s. 88(1)Clean Neighbourhoods and Environment Act 2005Climate Change Act 2008specified provision(s)art. 2commencement order for 2005 c. 16Clean Neighbourhoods and Environment Act 2005The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 5) Order 2008Pt. 6 Ch. 1art. 3 Sch.Clean Neighbourhoods and Environment Act 2005The Controls on Dogs (Non-application to Designated Land) Order 2009 Clean Neighbourhoods and Environment Act 2005Part 1Crime and disorder1Crime and disorder reduction strategies2Gating ordersPart 2VehiclesNuisance parking offences3Exposing vehicles for sale on a road4Repairing vehicles on a road5Liability of directors etcNuisance parking offences: fixed penalty notices6Power to give fixed penalty notices7Power to require name and address8Use of fixed penalty receipts9Fixed penalty notices: supplementaryAbandoned vehicles10Offence of abandoning a vehicle: fixed penalty notices11Notice of removal12Disposal13Guidance14Abandoned vehicles: supplementaryIllegally parked vehicles etc15Notice of removal16Disposal17GuidancePart 3Litter and refuseOffence of dropping litter18Extension of litter offence to all open places19Litter offence: fixed penalty noticesLocal authority notices20Litter clearing notices21Street litter control notices22Failure to comply with notice: fixed penalty noticesFree distribution of printed matter23Controls on free distribution of printed matterGeneral24Fixed penalty notices: common provision25Exclusion of liability26“Appropriate person”27“Litter”Part 4Graffiti and other defacementGraffiti and fly-posting28Fixed penalty notices: amount of fixed penalty29Fixed penalty notices: power to require name and address30Fixed penalty notices: authorised officers31Extension of graffiti removal notices to fly-posting32Sale of aerosol paint to childrenAdvertisements33Unlawful display of advertisements: defences34Removal of placards and postersPart 5WasteChapter 1Transport of waste35Unregistered transport: defence of acting under employer's instructions36Registration requirements and conditions37Enforcement powers38Failure to produce authority: fixed penalty notices39InterpretationChapter 2Deposit and disposal of wasteOffence of unlawful deposit of waste etc40Defence of acting under employer's instructions41Penalties on conviction42Investigation and enforcement costs43Clean-up costs44Forfeiture of vehiclesOffences relating to documentation45Failure to furnish documentation: fixed penalty noticesOffences: powers of seizure46Power to search and seize vehiclesLocal authority waste collection and disposal47Abolition of requirement to contract out waste disposal functions48Offences relating to waste receptacles: fixed penalty notices49Payments for waste recycling and disposal50Power to require owner of land to remove wasteSupplementary51“Appropriate person”52Use of fixed penalty receipts53Supplementary enforcement powersChapter 3Site waste54Site waste management plansPart 6DogsChapter 1Controls on dogsDog control orders55Power to make dog control orders56Dog control orders: supplementary57Land to which Chapter 1 applies58Primary and secondary authoritiesFixed penalty notices59Fixed penalty notices60Amount of fixed penalties61Power to require name and address62Community support officers etcSupplementary63Overlapping powers64Byelaws65Dogs (Fouling of Land) Act 1996General66“Appropriate person”67Regulations and ordersChapter 2Stray dogs68Termination of police responsibility for stray dogsPart 7NoiseChapter 1Audible intruder alarmsAlarm notification areas69Designation of alarm notification areas70Withdrawal of designation71Notification of nominated key-holders72Nomination of key-holders73Offences under section 71: fixed penalty notices74Amount of fixed penalty75Use of fixed penalty receipts76Fixed penalty notices: power to require name and addressPowers in relation to alarms77Power of entry78Warrant to enter premises by force79Powers of entry: supplementarySupplementary80Orders and regulations81InterpretationChapter 2GeneralNoise from premises82Noise offences: fixed penalty notices83Noise offences: use of fixed penalty receipts84Extension of Noise Act 1996 to licensed premises etc85Noise Act 1996: supplementaryStatutory noise nuisances86Deferral of duty to serve abatement noticePart 8Architecture and the built environmentCommission for Architecture and the Built Environment87The Commission for Architecture and the Built Environment88General functions of the Commission89Changes to functions of the Commission90Power to dissolve the Commission91Dissolution of the old Commission92Transfer of staff, property etc93TaxFinancial assistance94Architecture and the built environment: financial assistanceSupplementary95OrdersPart 9MiscellaneousUse of fixed penalty receipts96Use of fixed penalty receipts: higher tier authorities97Use of fixed penalty receipts: lower tier authorities98Sections 96 and 97: supplementaryShopping and luggage trolleys99Abandoned shopping and luggage trolleys100Section 99: transitional provisionStatutory nuisances101Statutory nuisance: insects102Statutory nuisance: lighting103Sections 101 and 102: supplementaryPollution104Contaminated land: appeals against remediation notices105Offences relating to pollution etc: penalties on convictionPart 10General106Minor and consequential amendments107Repeals108Commencement109Money110Extent111Short titleSCHEDULESSCHEDULE 1Application of the Noise Act 1996 to licensed premises etc1The Noise Act 1996 (c. 37) is amended as follows....2In the heading to section 2, omit “from a dwelling”....3(1) Section 2 (investigations of complaints of noise) is amended...4(1) Section 3 (warning notices) is amended as follows. 5In the heading to section 4, after “where noise” insert...6After section 4 insert— Offence where noise from other premises...7(1) Section 5 (permitted level of noise) is amended as...8(1) Section 6 (approval of measuring devices) is amended as...9(1) Section 7 (evidence) is amended as follows. 10(1) Section 8 (fixed penalty notices) is amended as follows....11(1) Section 8A (amount of fixed penalty), as inserted by...12(1) Section 9 (section 8: supplementary) is amended as follows....13(1) Section 10 (powers of entry and seizure etc) is...14In the Schedule (powers in relation to seized equipment) in...SCHEDULE 2Commission for Architecture and the Built EnvironmentStatus1(1) The Commission is not to be regarded as the...Membership2(1) The Secretary of State must— (a) appoint the members...Tenure3(1) The Secretary of State may not appoint a person...Staff etc4(1) The Commission may appoint staff, agents and advisers. Committees5(1) The Commission may establish one or more committees. Remuneration etc6(1) The Commission may pay to or in respect of...Delegation7The Commission may delegate any of its functions to— Proceedings8(1) The Commission may, subject to the other provisions of...Accounts9(1) The Commission must— (a) keep proper accounting records, and...Annual report10(1) The Commission must send to the Secretary of State...Instruments and authentication11(1) The fixing of the seal of the Commission must...Records12In Schedule 1 to the Public Records Act 1958 (c....Disqualification13In the House of Commons Disqualification Act 1975 (c. 24),...Transitional provisions14(1) A person who immediately before the appointed day was...Interpretation15(1) The appointed day is the day on which section...SCHEDULE 3Transfer of staff, property etc from the old CommissionTransfer of staff1For the purposes of TUPE— (a) the functions conferred on...2In paragraph 1 “TUPE” means the Transfer of Undertakings (Protection...Transfer of property, rights and liabilities3All property, rights and liabilities to which the old Commission...4The reference in paragraph 3 to rights and liabilities does...5Paragraph 3 has effect in relation to property, rights and...6Anything done by or in relation to the old Commission...7Anything (including legal proceedings) which immediately before the appointed day...8So far as is necessary or appropriate in consequence of...The appointed day9The appointed day is the day on which section 92...SCHEDULE 4Minor and consequential amendmentsHighways Act 1980 (c. 66)1In section 325 of the Highways Act 1980, in subsection...Environmental Protection Act 1990 (c. 43)2The Environmental Protection Act 1990 is amended as follows. 3(1) Section 52 is amended as follows. 4In section 60(1)— (a) in paragraph (a), for the words...5In section 89(1), at the end of paragraph (e) insert...6In section 91(1), at the end of paragraph (e) insert...7In section 92(1), at the end of paragraph (b) insert...8In section 95(1), after paragraph (b) insert and 9In section 96(1)(b), after “section 92(9)” insert “ or 92C(3)...10(1) Section 161 is amended as follows. Control of Pollution (Amendment) Act 1989 (c. 14)11(1) Section 8 of the Control of Pollution (Amendment) Act...Anti-social Behaviour Act 2003 (c. 38)12The Anti-social Behaviour Act 2003 is amended as follows. 13In section 41(3), in the definition of “temporary event notice”...14In section 45, for subsection (1) substitute— 15In section 47(1), after “sections 43” insert “ to 43B...16In the cross-heading preceding section 48, after “graffiti” insert “...17(1) Section 48 is amended as follows. 18In sections 49(1) and 51(1) and (3), for “graffiti removal...19In the heading to section 52, for “graffiti removal notices”...SCHEDULE 5RepealsPart 1VehiclesPart 2Litter and refusePart 3Graffiti and other defacementPart 4WastePart 5Dog controlsPart 6Stray dogsPart 7NoisePart 8Architecture and the built environmentPart 9Use of fixed penalty receiptsPart 10Contaminated land2005 c. 16An Act to amend section 6 of the Crime and Disorder Act 1998; to make provision for the gating of certain minor highways; to make provision in relation to vehicles parked on roads that are exposed for sale or being repaired; to make provision in relation to abandoned vehicles and the removal and disposal of vehicles; to make provision relating to litter and refuse, graffiti, fly-posting and the display of advertisements; to make provision relating to the transportation, collection, disposal and management of waste; to make provision relating to the control of dogs and to amend the law relating to stray dogs; to make provision in relation to noise; to provide for the Commission for Architecture and the Built Environment and for the making of grants relating to the quality of the built environment; to amend the law relating to abandoned shopping and luggage trolleys; to amend the law relating to statutory nuisances; to amend section 78L of the Environmental Protection Act 1990; to amend the law relating to offences under Schedule 1 to the Pollution Prevention and Control Act 1999; and for connected purposes.[7th April 2005]Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—