
1 

(1) This Order may be cited as the Clean Neighbourhoods and Environment (2011 Act) (Commencement, Savings and Transitional Provisions) Order (Northern Ireland) 2012.
(2) In this Order—
 “the 1978 Order” means the Pollution Control and Local Government (Northern Ireland) Order 1978 ;
 “the 1994 Order” means the Litter (Northern Ireland) Order 1994;
 “the 1997 Order” means the Road Traffic Regulation (Northern Ireland) Order 1997;
 “the 2011 Act” means the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011; and
 “prescribed place” means a place prescribed in the Dog Fouling (Prescription of Places) Regulations (Northern Ireland) 1995.
2 

(1) The day appointed for the coming into operation of the provisions of the 2011 Act specified in the first column of Schedule 1 (where applicable, to the extent specified in the second column of that Schedule) is 18th January 2012.
(2) The day appointed for the coming into operation of the provisions of the 2011 Act specified in the first column of Schedule 2 (where applicable, to the extent specified in the second column of that Schedule) is 1st April 2012.
3 

(1) Subject to paragraph (2) and notwithstanding its repeal by section 77 of, and Part 3 of Schedule 4 to, the 2011 Act, Article 4 of the 1994 Order continues, in respect of any place which is a prescribed place before midnight on 31st March 2012, to have effect.
(2) Any place which is a prescribed place before midnight on 31st March 2012 ceases to be a prescribed place after midnight on 31st March 2012 to the extent that a dog control order (whether or not it relates to the fouling of land by dogs) made under section 40 of the 2011 Act applies in respect of it.
(3) In respect of the continued effect of Article 4 of the 1994 Order—
(a) Article 5 of the 1994 Order continues to have effect in relation to an offence under Article 4 of that Order as if the amendments made to Article 5 by section 15 of the 2011 Act and the repeal of the definition of “authorised officer” in Article 2(2) of the 1994 Order by section 77 of, and Part 2 of Schedule 4 to, the 2011 Act had not been made;
(b) Article 6 of the 1994 Order continues to have effect in relation to an offence under Article 4 of that Order as if the amendments made to Article 6 by section 16 of the 2011 Act and the repeal of the definition of “authorised officer” in Article 2(2) of the 1994 Order by section 77 of and Part 2 of Schedule 4 to the 2011 Act had not been made; and
(c) notwithstanding their repeal by Part 3 of Schedule 4 to the 2011 Act—
(i) the words “or 4” in Article 5(1) and (4) of the 1994 Order;
(ii) the words “or, as the case may be, Article 4” in Article 6(1) of that Order; and
(iii) the words “or 4” in paragraph 2(4)(d) of Schedule 2A to the Police (Northern Ireland) Act 2003,
 continue to have effect.
4 

(1) The amendments made to the 1997 Order by—
(a) section 11 (which amends Articles 48 and 49 of the 1997 Order);
(b) section 12 (which amends Article 51 of the 1997 Order); and
(c) section 13 (which amends Article 52 of the 1997 Order),
 of the 2011 Act do not have effect in relation to the operation of Articles 48, 49, 51 and 52 of the 1997 Order in respect of a vehicle described in paragraph (2).
(2) A vehicle to which this Article applies is either—
(a) one on a road to which a constable has, before midnight on 31st March 2012, affixed a notice under Article 48(4) of the 1997 Order; or
(b) one on a public road to which the Department has, before midnight on 31st March 2012, affixed a notice under Article 49(4) of the 1997 Order.
(3) For the purposes of this Article, “constable” and “the Department” have the meanings given by Article 2(2) of the 1997 Order.
Sealed with the Official Seal of the Department of the Environment on 18th January 2012.
Wesley Shannon
A senior officer of the Department of the Environment

SCHEDULE 1
Article 2(1)


Provisions of the 2011 Act commenced Extent of Commencement
Section 4 For the purposes of enabling regulations to be made by the Department under section 4(11)
Section 7 For the purposes of enabling regulations to be made by the Department under Article 29A(11) of the 1978 Order
Section 8 For the purposes of enabling regulations to be made by the Department under Article 30(2) of the 1978 Order
Section 12(4) For the purposes of enabling regulations to be made by the Department for Regional Development under Article 51(2)(c)(ii) of the 1997 Order
Section 13(4) For the purposes of enabling regulations to be made by the Department for Regional Development under Article 52(2)(c)(ii) of the 1997 Order
Section 16(1) and (3) Section 16(1) is commenced only to the extent necessary for the commencement of section 16(3) for the purposes of enabling a code of practice to be prepared, issued and revised and a draft or revision of the code to be laid before the Assembly by the Department under Article 6(8A), (8C) and (8D) of the 1994 Order and for the purposes of authorised officers having regard to the code under Article 6(8B) of the 1994 Order
Section 22 For the purposes of enabling regulations to be made by the Department under Article 18A of the 1994 Order
Section 27 For the purposes of enabling regulations to be made by the Department under section 27(3) and (4)
Section 30 For the purposes of enabling guidance to be issued by the Department under section 30(1)
Section 33 For the purposes of enabling guidance to be issued by the Department under section 33(1)
Section 40 For the purposes of enabling regulations to be made by the Department under section 40(4) and (5)
Section 41 For all the purposes of that section
Section 42 For the purposes of enabling orders to be made by the Department under section 42(3) and (4)
Section 44 For the purposes of enabling regulations to be made by the Department under section 44(4) and (5)
Section 53 For the purposes of enabling regulations to be made by the Department under section 53(4) and (5)
Section 59 For all the purposes of that section
Section 61 For the purposes of enabling regulations to be made by the Department under section 8A(5) and (6) of the Noise Act 1996
Section 63 For the purposes of enabling regulations to be made by the Department under section 63(11)(d)
Section 65 For the purposes of enabling orders to be made by the Department under section 65(15)
Section 67 and Schedule 2 For the purposes of enabling regulations to be made by the Department under paragraph 1(4) of Schedule 2
SCHEDULE 2
Article 2(2)


Provisions of the 2011 Act commenced Extent of Commencement
Sections 1, 2 and 3 
Section 4 In so far as not already in operation
Sections 5 and 6 
Section 7 In so far as not already in operation
Section 8 In so far as not already in operation
Sections 9, 10 and 11 
Section 12 In so far as not already in operation
Section 13 In so far as not already in operation
Sections 14 and 15 
Section 16 In so far as not already in operation
Sections 17, 18, 19, 20 and 21 
Section 22 In so far as not already in operation
Sections 23, 24, 25 and 26 
Section 27 In so far as not already in operation
Sections 28 and 29 
Section 30 In so far as not already in operation
Sections 31 and 32 
Section 33 In so far as not already in operation
Sections 34, 35, 36, 37, 38 and 39 
Section 40 In so far as not already in operation
Section 42 In so far as not already in operation
Section 43 
Section 44 In so far as not already in operation
Sections 45, 46, 47, 48, 49, 50, 51 and 52 
Section 53 In so far as not already in operation
Sections 54, 55, 56, 57 and 58 
Section 60 
Section 61 In so far as not already in operation
Section 62 
Section 63 In so far as not already in operation
Sections 64 
Section 65 In so far as not already in operation
Section 66 
Section 67 In so far as not already in operation
Sections 68, 69, 70, 71, 72, 73 and 74 
Section 77 
Schedule 1 
Schedule 2 In so far as not already in operation
Schedules 3 and 4 