Clean neighbourhoods and environment act

On 7 April 2005 the Clean Neighbourhoods and Environment Bill received Royal Assent following a successful passage through Parliament to become the Clean Neighbourhoods and Environment Act 2005.

The Clean Neighbourhoods and Environment Act deals with many of the problems affecting the quality of our local environment - which forms part of a continuum with anti-social behaviour, vandalism, disorder and levels of crime.

The Act provides local authorities, parish and community councils and the Environment Agency with more effective powers and tools to tackle poor environmental quality and anti-social behaviour. In particular the Act includes sections on nuisance and abandoned vehicles, litter, graffiti, waste, noise and dogs.

Commencement dates

Virtually all provisions in the Clean Neighbourhoods and Environment Act 2005 are now in force.

Those parts of Schedule 1 that extend the Noise Act 1996 to apply to licensed premises were commenced in October 2006.

Section 68 (stray dogs) has not yet been commenced - discussions are taking place to reach agreement on the level of funding to be transferred for the implementation of this section.

Guidance

Printed copies of individual sections or the complete set of Defra guidance can be ordered from Defra publications, Tel: 08459 556 000.

A complete set of printed copies has been sent to each local authority.

Regulations

The following list of Statutory Instruments is not exhaustive but it covers the principal regulations relating to the 2005 Act:

Parish Councils

The Clean Neighbourhoods and Environment Act includes a number of new powers for Parish, Town and other Community councils, including the ability to issue fixed penalty notices for the first time. Defra has produced a separate guidance document to accompany the Act, aimed specifically at Parish Councils or other authorities which are new to issuing fixed penalty notices:

Training

Defra has developed the approved training course that will need to have been attended by any personnel that are to be authorised to issue fixed penalty notices on behalf of a parish council.

The course, "An Introduction to FPNs for Litter, Graffiti, Flyposting and Dog Control Orders (Obligatory Course for Parish Council ‘Authorised Officers’)" is delivered by Keep Britain Tidy..

Model forms

We have developed the following example forms as part of our guidance package to assist local authorities in using the legislation. There is no requirement to use these forms, and they may be adapted to reflect local requirements:

Consultations

The Clean Neighbourhoods and Environment Act was developed following extensive consultation with local authorities and other organisations involved in or affected by local environmental quality issues. For recent consultations, see:

  • Consultation on proposed amendment of sections 93 and 94 of the Environmental Protection Act 1990 and the Street Litter Control Notices Order 1991 (S.I. 1991/1324) - closed 8 May 2006
  • Consultation on draft guidance and proposals for the permitted levels of noise under the Noise Act 1996 - closed September 2006

Links

Page last modified: 8 August 2007
Page published: 8 December 2004