The Environmental Protection Act 1990 (Commencement No. 20) (Scotland) Order 2015

Made: 18th February 2015

Laid before the Scottish Parliament: 20th February 2015

Coming into force: 1st April 2015

The Scottish Ministers make the following Order in exercise of the powers conferred by section 164(3) of the Environmental Protection Act 1990[^f00001] and all other powers enabling them to do so.

Citation, commencement, interpretation and extent

1

• (1) This Order may be cited as the Environmental Protection Act 1990 (Commencement No. 20) (Scotland) Order 2015 and comes into force on 1st April 2015.

• (2) In this Order “the 1990 Act” means the Environmental Protection Act 1990.

• (3) This Order extends to Scotland only.

Appointed day

2

• (1) 1st April 2015 is the day appointed for the coming into force of section 162(2) of, and Part 1 of Schedule 16 to, the 1990 Act so far as relating to the following repeals:—

• (a) the whole of the Alkali, &c. Works Regulation Act 1906[^f00002] in so far as it has not already been repealed[^f00003]; and

• (b) the definition of “the Alkali Act” in section 105(1) of the Control of Pollution Act 1974[^f00004].

• (2) 1st April 2015 is the day appointed for the coming into force of section 162(2) of, and Part 2 of Schedule 16 to, the 1990 Act so far as relating to the following repeals—

• (a) sections 3 to 10, 14, 18 and 27 of the Control of Pollution Act 1974 in so far as they have not already been repealed[^f00005];

• (b) sections 16, 17, 19, 20, 21, 28, 29 and 30 of the Control of Pollution Act 1974;

• (c) in paragraph 1 of Schedule 1 to the Local Government Act 1988[^f00006]—

• (i) the words “in the application of this Part to England and Wales,” in sub-paragraph (1); and

• (ii) sub-paragraph (4);

• (d) paragraph 18 of Schedule 16 to the Electricity Act 1989[^f00007];

• (e) the words following “below” in section 34(3)(b) of the 1990 Act; and

• (f) section 36(8) of the 1990 Act.

• (3) 1st April 2015 is the day appointed for the coming into force of section 162(2) of, and Part 8 of Schedule 16 to, the 1990 Act so far as relating to the repeal of sections 5(c), (d), (e)(iii) and 6(1)(a)(iii)[^f00008] of, and Schedule 4 to, the Food and Environment Protection Act 1985[^f00009].

Signed

AILEEN McLEOD — Authorised to sign by the Scottish Ministers

18th February 2015

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force on 1st April 2015 a number of repeals in Schedule 16 to the Environmental Protection Act 1990 (“the 1990 Act”) in relation to Scotland only.

Article 2 of the Order brings into force section 162(2) of, and Parts 1, 2 and 8 of Schedule 16 to, the 1990 Act in so far as it relates to the repeals set out in the Order.

Article 2 (1) commences the repeals to the Alkali, &c. Works Regulation Act 1906 and section 105(1) of the Control of Pollution Act 1974 (“the 1974 Act”) contained in Part 1 of Schedule 16 to the 1990 Act.

Article 2 (2) relates to the repeals contained in Part 2 of Schedule 16 to the 1990 Act. This Part provides that sections 1 to 21 and 27 to 30 of the 1974 Act, among other things, are to be repealed. The repeals of sections 1, 2, 11, 12, 13, and 15 have already been commenced in so far as they relate to Scotland (see [S.I. 1994/1096](https://www.legislation.gov.uk/uksi/1994/1096), [S.I. 1991/1319](https://www.legislation.gov.uk/uksi/1991/1319) and [S.I. 1992/266](https://www.legislation.gov.uk/uksi/1992/266)). The repeals of sections 3 to 10, 18 and 27 were commenced by [S.I. 1994/1096](https://www.legislation.gov.uk/uksi/1994/1096) except in relation to certain specified activities. Article 2(2)(a) of this Order completes the commencement of the repeal of these sections in Scotland. The repeal of section 14(1) to (5) and (7) to (11) of the 1974 Act was commenced by [S.I. 1992/266](https://www.legislation.gov.uk/uksi/1992/266) save in so far as it relates to industrial waste in England and Wales. Article 2(2)(a) of this Order completes the commencement of the repeal of that section. Article 2(2)(b) of this Order commences the repeal of sections 16, 17, 19, 20, 21, 28, 29 and 30 of the 1974 Act.

In addition, article 2(2) of this Order commences, in relation to Scotland, the repeals specified in Part 2 of Schedule 16 to the 1990 Act which relate to the Electricity Act 1989 and certain provisions of the 1990 Act itself.

The words “in the application of this part to England and Wales” in sub-paragraph (1) and the whole of sub-paragraph (4) of paragraph 1 of Schedule 1 to the Local Government Act 1988 have been omitted by section 146 of the 1990 Act, which was commenced by S.I. 1994/1096. Article 2(2)(c)(i) and (ii) of this Order completes the process by commencing the repeals of those provisions of the Local Government Act 1988.

Article 2 (3) relates to the repeals contained in Part 8 of Schedule 16 to the 1990 Act. This Part repeals certain sections of the Food and Environment Protection Act 1985 (“the 1985 Act”). Sections 5(c), (d), (e)(iii) and 6(1)(a)(iii) of the 1985 Act were omitted upon commencement of section 146(2)(b), (c)(ii) and (3) of the 1990 Act on 1st January 1991. This Order completes the process by commencing the repeals of those provisions of the 1985 Act. The repeal of Schedule 4 to the 1985 Act is also commenced.

Footnotes

[^f00001]: 1990 c.43 (“the 1990 Act”). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00002]: 1906 c.14.

[^f00003]: The repeal of the Alkali, &c. Works Regulation Act 1906 (c.14) was partially commenced by S.I. 1994/2854.

[^f00004]: 1974 c.40.

[^f00005]: S.I. 1994/1096 commenced the repeals in Schedule 16 to the 1990 Act so far as relating to sections 3 to 10, 18 and 27 of the Control of Pollution Act 1974 (c.40) (“the 1974 Act”) except in relation to certain applications, appeals and activities which are set out in that instrument. The repeals of subsections (1) to (5) and (7) to (11) of section 14 of the 1974 Act were partially commenced by S.I. 1992/266.

[^f00006]: 1988 c.9. S.I. 1994/1096 commenced section 162(1) of the 1990 Act in so far as it relates to paragraph 27 of Schedule 15 to the 1990 Act which (among other things) omits the words “In the application of this part to England and Wales,” in subparagraph (1), and subparagraph (4) of paragraph 1 to Schedule 1 of the Local Government Act 1988 (c.9).

[^f00007]: 1989 c.29.

[^f00008]: Section 146(2)(b), (c)(ii) and (3) of the 1990 Act came into force 1st January 1991 and provided that sections 5(c), (d), (e)(iii) and 6(1)(a)(iii) of the Food and Environment Protection Act 1985 (c.48) shall be omitted. Section 146(2)(b), (c)(ii) and (3) of the 1990 Act was repealed by the Marine and Coastal Access Act 2009 (c.23), Schedule 22, Part 2, (see S.I. 2011/566, article 3(2)(d)).

[^f00009]: 1985 c.48.