Clean Neighbourhoods and Environment Act 2005

Supplementary

80Orders and regulations

(1)This section applies to a power conferred on the appropriate person under any provision of this Chapter to make an order or regulations.

(2)The power includes—

(a)power to make different provision for different purposes (including different provision for different local authorities and descriptions of local authority);

(b)power to make consequential, supplementary, incidental, transitional and saving provision.

(3)The power is exercisable by statutory instrument.

(4)A statutory instrument containing an order or regulations made by the Secretary of State under any provision of this Chapter is subject to annulment in pursuance of a resolution of either House of Parliament.

81Interpretation

(1)In this Chapter—

• “alarm notification area” means an area in respect of which a designation under section 69 has effect;

• “the appropriate person” is—

  (a)

  in relation to a local authority in England, the Secretary of State;

  (b)

  in relation to a local authority in Wales, the National Assembly for Wales;

• “local authority” means—

  (a)

  a district council in England;

  (b)

  a county council in England for an area for which there is no district council;

  (c)

  a London borough council;

  (d)

  the Common Council of the City of London;

  (e)

  the Council of the Isles of Scilly;

  (f)

  a county or county borough council in Wales;

• “the occupier” in respect of premises means (subject to subsection (2))—

  (a)

  a person occupying the premises, or

  (b)

  if the premises are unoccupied, a person entitled to occupy the premises (other than the owner);

• “premises” does not include a vehicle;

• “the responsible person” in respect of premises means—

  (a)

  the occupier, or

  (b)

  if there is no occupier, the owner.

(2)The fact that a person is occupying premises is to be disregarded for the purposes of this Chapter if—

(a)the premises comprise a building that is being erected, constructed, altered, improved, maintained, cleaned or repaired,

(b)the person is occupying the premises in connection with the erection, construction, alteration, improvement, maintenance, cleaning or repair, and

(c)the person is doing so by virtue of a licence granted for less than four weeks.