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Statutory Instruments made by the National Assembly for Wales


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URL: http://www.bailii.org/wales/legis/num_reg/2007/20070120e.html

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STATUTORY INSTRUMENTS


2007 No. 120 (W.10)

ENVIRONMENTAL PROTECTION, WALES

The Statutory Nuisances (Miscellaneous Provisions) (Wales) Order 2007

  Made 23 January 2007 
  Coming into force in accordance with article 1

The National Assembly for Wales makes the following Order in exercise of the powers conferred by section 80(8B) of the Environmental Protection Act 1990[1] and section 108(1)(b), (2) and (5) of the Clean Neighbourhoods and Environment Act 2005[2]:

Title, commencement and application
     1. —(1) The title of this Order is the Statutory Nuisances (Miscellaneous Provisions) (Wales) Order 2007.

    (2) Article 3 of this Order comes into force on 30 January 2007.

    (3) Article 2 of, and the Schedule to, this Order come into force on 31 January 2007.

    (4) This Order applies in relation to Wales.

Designation of a "relevant sport"
    
2. A sport appearing in the list of sports set out in the Schedule to this Order is designated as a "relevant sport" for the purposes of section 80(8A) of the Environmental Protection Act 1990[3].

Amendment of the Clean Neighbourhoods and Environment Act 2005 (Commencement No. 2, Transitional Provisions and Savings) (Wales) Order 2006
     3. The Clean Neighbourhoods and Environment Act 2005 (Commencement No. 2, Transitional Provisions and Savings) (Wales) Order 2006[4] is amended as follows—



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[5]


D. Elis-Thomas
The Presiding Officer of the National Assembly

23 January 2007



SCHEDULE
Article 2

     1. American Football

     2. Archery

     3. Association Football

     4. Athletics

     5. Australian Rules Football

     6. Badminton

     7. baseball

     8. Basketball

     9. Biathlon

     10. Bobsleigh

     11. Bowls

     12. Camogie

     13. Canoeing

     14. Cricket

     15. Croquet

     16. Curling

     17. Cycling

     18. Equestrian Sports

     19. Gaelic Football

     20. Golf

     21. Gymnastics

     22. Handball

     23. Hockey

     24. Horse Racing

     25. Hurling

     26. Ice Hockey

     27. Ice Skating

     28. Lacrosse

     29. Luge

     30. Modern Pentathlon

     31. Motor Cycling

     32. Motor Sports

     33. Netball

     34. Outdoor Climbing Wall

     35. Polo

     36. Roller Sports

     37. Rounders

     38. Rowing

     39. Rugby League

     40. Rugby Union

     41. Sailing

     42. Shooting

     43. Skateboarding

     44. Skiing

     45. Snowboarding

     46. Softball

     47. Swimming (including Diving)

     48. Tennis

     49. Triathlon

     50. Tug of War

     51. Volleyball



EXPLANATORY NOTE

(This note is not part of the Order)


Section 103 of the Clean Neighbourhoods and Environment Act 2005 (c. 16) ("the 2005 Act") amends section 80(8) of the Environmental Protection Act 1990 (c. 43) ("the 1990 Act") with the effect that the defence (to the offence under section 80(4) of the 1990 Act of contravening or failing to comply with the terms or requirements of an abatement notice served under section 80(1) of the 1990 Act) of having used best practicable means to prevent, or counteract the effects of, a statutory nuisance is available in respect of a nuisance caused by artificial light which arises from lights used to illuminate an outdoor relevant sports facility.

A relevant sports facility is defined in section 80(8A) of the 1990 Act as an area, with or without structures, used when participating in a relevant sport, other than such an area comprised in domestic premises.

Section 80(8B) of the 1990 Act confers upon the National Assembly for Wales, in relation to Wales, the function of designating a sport as a "relevant sport" for the purposes of section 80(8A) of the 1990 Act. This Order is made in exercise of that function.

This Order also effects minor amendments to the Clean Neighbourhoods and Environment Act 2005 (Commencement No. 2, Transitional Provisions and Savings) (Wales) Order 2006 (S.I. 2006/2797 (W. 236) (C. 93)).


Notes:

[1] 1990 c. 43; section 80(8B) was inserted by section 103(3) of the Clean Neighbourhoods and Environment Act 2005 (c. 16).back

[2] 2005 c. 16.back

[3] Section 80(8A) was inserted by section 103(3) of the Clean Neighbourhoods and Environment Act 2005.back

[4] S.I. 2006/2797 (W. 236) (C. 93).back

[5] 1998 c. 38.back



Cymraeg (Welsh)



ISBN 0 11 09148 6 4


 © Crown copyright 2007

Prepared 30 January 2007


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URL: http://www.bailii.org/wales/legis/num_reg/2007/20070120e.html