Office of Public Sector Information
Section 92
1 For the purposes of TUPE—
(a) the functions conferred on the Commission by this Act are to be treated as transferred to the Commission from the old Commission on the appointed day;
(b) that transfer of functions is to be treated as a transfer of an undertaking;
(c) each person who was, immediately before the appointed day, employed by the old Commission under a contract of employment is to be treated as employed in the undertaking immediately before the appointed day.
2 In paragraph 1 “TUPE” means the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794).
3 All property, rights and liabilities to which the old Commission was entitled or subject immediately before the appointed day become on that day property, rights and liabilities of the Commission.
4 The reference in paragraph 3 to rights and liabilities does not include rights and liabilities under a contract of employment transferred by virtue of paragraph 1.
5 Paragraph 3 has effect in relation to property, rights and liabilities—
(a) despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict their transfer by the old Commission;
(b) without any instrument or other formality being required.
6 Anything done by or in relation to the old Commission which has effect immediately before the appointed day is, so far as is necessary for continuing its effect after that day, to have effect as if done by or in relation to the Commission.
7 Anything (including legal proceedings) which immediately before the appointed day is in the process of being done by or in relation to the old Commission may be continued by or in relation to the Commission.
8 So far as is necessary or appropriate in consequence of paragraph 3, on and after the appointed day a reference to the old Commission in an enactment, instrument or other document is to be treated as a reference to the Commission.
9 The appointed day is the day on which section 92 comes into force.
Section 106
1 In section 325 of the Highways Act 1980, in subsection (2)(a), after “subsection (2A) below” insert “or regulations made by the National Assembly for Wales under Part 8A”.
2 The Environmental Protection Act 1990 is amended as follows.
3 (1) Section 52 is amended as follows.
(2) After subsection (4) insert—
“(4A) The Secretary of State may by regulations impose on waste disposal authorities in England a duty to make payments corresponding to the payments which are authorised by subsection (3)(a) above to such persons in such circumstances and in respect of such descriptions or quantities of waste as are specified in the regulations.”
(3) In subsection (5)—
(a) after “authorities” insert “in Wales”; and
(b) for “subsection (3)” substitute “subsection (3)(b)”.
(4) In subsection (6), for “subsections (1), (3)” substitute “subsections (1)(b), (3)(b)”.
(5) In subsection (7), for “subsections (2) and (4)” substitute “subsections (2)(b) and (4)(b)”.
(6) In subsection (8), for “subsections (1), (2), (3), (4)” substitute “subsections (1)(b), (2)(b), (3)(b), (4)(b)”.
4 In section 60(1)—
(a) in paragraph (a), for the words from “a waste disposal contractor” to the end substitute “or under arrangements made with a waste disposal authority or by any other local authority or person”;
(b) in paragraph (b), for the words from “a waste disposal contractor” to the end substitute “or under arrangements made with a waste disposal authority, by a parish or community council or by a holder of a waste management licence; or”.
5 In section 89(1), at the end of paragraph (e) insert “and”.
6 In section 91(1), at the end of paragraph (e) insert “or”.
7 In section 92(1), at the end of paragraph (b) insert “or”.
8 In section 95(1), after paragraph (b) insert “and
(c) all orders made by the authority under paragraph 2(1) of Schedule 3A.”
9 In section 96(1)(b), after “section 92(9)” insert “or 92C(3)”.
10 (1) Section 161 is amended as follows.
(2) In subsection (1) after “Secretary of State” insert “, National Assembly for Wales”.
(3) After subsection (2), insert—
“(2A) Subsection (2) does not apply to a statutory instrument made solely by the National Assembly for Wales.”
(4) In subsection (4), at the end insert “or
(c) which is made solely by the National Assembly for Wales.”
11 (1) Section 8 of the Control of Pollution (Amendment) Act 1989 is amended as follows.
(2) In subsection (1), after “regulations” insert “or orders”.
(3) After that subsection insert—
“(1A) The powers of the National Assembly for Wales to make regulations or orders under sections 5 to 5C above are exercisable by statutory instrument.”
(4) In subsection (2)—
(a) after “Regulations” insert “or orders”;
(b) in paragraph (a) for “Secretary of State” substitute “person making the regulations or order”.
12 The Anti-social Behaviour Act 2003 is amended as follows.
13 In section 41(3), in the definition of “temporary event notice” for “section 170(6)” substitute “section 171(6)”.
14 In section 45, for subsection (1) substitute—
“(1) The fixed penalty payable in pursuance of a notice under section 43(1) is payable to the local authority whose authorised officer gave the notice.”
15 In section 47(1), after “sections 43” insert “to 43B”.
16 In the cross-heading preceding section 48, after “graffiti” insert “and fly-posting”.
17 (1) Section 48 is amended as follows.
(2) In the heading, for “Graffiti removal notices” substitute “Defacement removal notices”.
(3) In subsections (2) and (6), for “graffiti removal notice” substitute “defacement removal notice”.
(4) In subsection (7), for “graffiti removal notices” substitute “defacement removal notices”.
(5) In subsection (8)(a), for “graffiti removal notice” substitute “defacement removal notice”.
(6) In subsection (12), for ““graffiti removal notice”” substitute ““defacement removal notice””.
(7) In that subsection, in the definition of “local authority”, at the end insert “but not a parish or community council”.
18 In sections 49(1) and 51(1) and (3), for “graffiti removal notice” substitute “defacement removal notice”.
19 In the heading to section 52, for “graffiti removal notices” substitute “defacement removal notices”.
Clean Neighbourhoods and Environment Act 2005