
1 

(1) This Order may be cited as the Clean Neighbourhoods and Environment Act 2005 (Commencement No.1, Transitional and Savings Provisions) (England) Order 2006.
(2) In this Order “the 2005 Act” means the Clean Neighbourhoods and Environment Act 2005.
(3) This Order applies in England only.
2 

(1) The provisions of the 2005 Act specified in the first column of Schedule 1 shall come into force (where applicable, to the extent specified in the second column of that Schedule) on 14th March 2006.
(2) Section 2 of the 2005 Act shall come into force on 1st April 2006.
(3) The provisions of the 2005 Act specified in the first column of Schedule 2 shall come into force (where applicable, to the extent specified in the second column of that Schedule) on 6th April 2006.
3 

(1) Paragraph 2 applies notwithstanding the repeal of—
(a) section 4 of the London Local Authorities Act 1994 (“section 4”); and
(b) section 22 of the City of Newcastle upon Tyne Act 2000, (“section 22”),
by Part 2 of Schedule 5 to the 2005 Act and the coming into force of section 23 (controls on free distribution of printed matter) of the 2005 Act.
(2) Any designation of a place made under section 4 or section 22 and having effect immediately before 6th April 2006, shall continue to have effect, subject to the powers under those sections either to rescind or vary the designation until—
(a) 6th October 2006; or
(b) its expiry;
whichever is the earlier.
4 

(1) Subject to paragraph (2) and notwithstanding its repeal by section 65 of, and Part 5 of Schedule 5 to, the 2005 Act, the Dogs (Fouling of Land) Act 1996 (“the 1996 Act”) shall continue to have effect in respect of any land which is designated land immediately before 6th April 2006.
(2) Any land which is designated land immediately before 6th April 2006 shall cease to be designated land after 5th April 2006—
(a) to the extent that a dog control order (whether or not it relates to the fouling of land by dogs) made under section 55 of the 2005 Act applies in respect of it;
(b) if the designation order in question is revoked; or
(c) if the designation order in question is amended so as to reduce the extent of the designated land, to the extent of that reduction.
(3) In respect of the continued effect of the 1996 Act—
(a) section 88(2) to (8) of the Environmental Protection Act 1990, as applied by section 4(2) and (3) of the 1996 Act, shall continue to apply as if the amendments made by section 19 of the 2005 Act to section 88 of the Environmental Protection Act 1990 had not been made;
(b) notwithstanding their repeal by Part 5 of Schedule 5 to the 2005 Act, paragraph 1(2)(c) of Schedule 4 and paragraph 1(2)(b) of Schedule 5 to the Police Reform Act 2002 shall continue to have effect;
(c) notwithstanding its repeal by Part 9 of Schedule 5 to the 2005 Act, section 119 of the Local Government Act 2003 shall continue to have effect as if section 119(2)(a), (3)(a) and (c) and (4) were deleted.
(4) In this article—
 “designated land” has the meaning given in section 2(1) of the 1996 Act; and
 “designation order” means an order made under section 2(1) of the 1996 Act.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Date 9th March 2006
SCHEDULE 1
Article 2(1)


Provisions commenced Extent of Commencement
Section 6 for the purposes of enabling regulations to be made by the Secretary of State (as the appropriate person in relation to England) under section 6(11)
Section 8 for the purposes of enabling regulations to be made by the Secretary of State (as the appropriate person in relation to England) under section 8(2)(d)
Section 9 
Section 19(1) and (6) Section 19(1) is commenced only to the extent that is necessary for the commencement of section 19(6)
Section 30(2) 
Section 55 for the purposes of enabling regulations to be made by the Secretary of State (as the appropriate person in relation to England) under section 55(4) and (5)
Section 56 
Section 57 for the purposes of enabling an order to be made by the Secretary of State (as the appropriate person in relation to England) under section 57(3)
Section 59 for the purposes of enabling regulations to be made by the Secretary of State (as the appropriate person in relation to England) under section 59(12)
Section 60 for the purposes of enabling regulations to be made by the Secretary of State (as the appropriate person in relation to England) under section 60(4) and (5)
Section 66 
Section 67 
Section 74 for the purposes of enabling regulations to be made by the Secretary of State (as the appropriate person in relation to England) under section 74(4) and (5)
Section 75 for the purposes of enabling regulations to be made by the Secretary of State (as the appropriate person in relation to England) under section 75(2)(d) and (3)
Section 80 
Section 81 
Section 83 in so far as not already in force
Section 84 for the purposes of bringing into force paragraph 12(4) of Schedule 1 to the 2005 Act
Section 96 for the purposes of enabling regulations to be made by the Secretary of State (as the appropriate person in relation to England) under section 96(4)(d) and (5)
Section 97 
Section 98 
Schedule 1 paragraph 12(4)




SCHEDULE 2
Article 2(3)


Provisions commenced Extent of Commencement
Section 6 in so far as not already in force
Section 7 
Section 8 in so far as not already in force
Section 10 
Section 19 in so far as not already in force
Section 20 
Section 21 
Section 22 
Section 23 
Section 24 
Section 25 
Section 28 
Section 29 
Section 30(1) 
Section 31 
Section 34 
Section 37 for the purposes of substituting section 5 (but excluding section 5(2)(d)) of the Control of Pollution (Amendment) Act 1989
Section 38 
Section 45 
Section 48 
Section 50 
Section 52 
Section 55 in so far as not already in force
Section 57 in so far as not already in force
Section 58 
Section 59 in so far as not already in force
Section 60 in so far as not already in force
Section 61 
Section 62 
Section 63 
Section 64 
Section 65 
Section 69 
Section 70 
Section 71 
Section 72 
Section 73 
Section 74 in so far as not already in force
Section 75 in so far as not already in force
Section 76 
Section 77 
Section 78 
Section 79 
Section 82 
Section 84 for the purposes of bringing into force paragraphs 2, 7(2)(a) and (3), (8)(2) and 12(2), (5) and (6) of Schedule 1 to the 2005 Act
Section 86 
Section 96 in so far as not already in force
Section 99 
Section 100 
Section 101 
Section 102 
Section 103 
Schedule 1 paragraphs 2, 7(2)(a) and (3), 8(2), and 12(2), (5) and (6)
Part 2 of Schedule 5 in respect of the repeals of the London Local Authorities Act 1994 and the City of Newcastle upon Tyne Act 2000
Part 3 of Schedule 5 
Part 5 of Schedule 5 
Part 7 of Schedule 5 
Part 9 of Schedule 5 in respect of the repeal to section 119 of the Local Government Act 2003



