The Environment Act 1995 (Commencement No. 24) (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 125(3) of the Environment Act 1995[^f00001] and all other powers enabling them to do so.

Citation, commencement, interpretation and extent

1

• (1) This Order may be cited as the Environment Act 1995 (Commencement No. 24) (Scotland) Order 2015 and comes into force on 1st April 2015.

• (2) In this Order—

• “the 1990 Act” means the Environmental Protection Act 1990[^f00002]; and

• “the 1995 Act” means the Environment Act 1995.

• (3) This Order extends to Scotland only.

Provisions coming into force on 1st April 2015

2

• (1) Section 120(1) of, and Schedule 22 to, the 1995 Act come into force on 1st April 2015 in so far as they relate to paragraph 81 of Schedule 22.

• (2) Section 120(3) of, and Schedule 24 to, the 1995 Act comes into force on 1st April 2015, in so far as they relate to the following repeals—

• (a) in section 33(1) of the 1990 Act the words “and, in relation to Scotland, section 54 below,”;

• (b) section 54 of the 1990 Act;

• (c) paragraph 19 of Schedule 22 to the 1995 Act in so far as it has not already been repealed[^f00003]; and

• (d) paragraphs 20 to 24, 26 and 27 of Schedule 22 to the 1995 Act.

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 partially commences section 120(1) and (3) of, and partially commences Schedules 22 and 24 to, the Environment Act 1995 (“the 1995 Act”) for Scotland only.

Article 2 (1) of the Order brings into force on 1st April 2015, section 120(1) of, and Schedule 22 to, the 1995 Act in so far as they relate to paragraph 81 of Schedule 22. This paragraph substitutes section 63(2) of the Environmental Protection Act 1990 (“the 1990 Act”), which provides for offences relating to the deposit of waste other than controlled waste.

Article 2 (2) of the Order brings into force on 1st April 2015, section 120(3) of, and Schedule 24 to, the 1995 Act in so far as they relate to the repeals set out in that paragraph.

Article 2 (2)(b) of the Order commences the repeal of section 54 of the 1990 Act which relates to a waste disposal regime which is now spent. There is a cross reference to section 54 in section 33(1) of the 1990 Act and article 2(2)(a) of this Order commences the repeal of that reference.

Schedule 24 to the 1995 Act provides for the repeal of paragraphs 19 to 27 of Schedule 22 to that Act. Paragraph 19(4) and paragraph 25 of Schedule 22 to the 1995 Act were repealed by Part 13 of Schedule 1 to the Statute Law Repeals Act 2004. Article 2(2)(c) and (d) of this Order completes the commencement of the repeal of paragraphs 19 to 27 of Schedule 22 to the 1995 Act.

Footnotes

[^f00001]: 1995 c.25 (“the 1995 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]: 1990 c.43.

[^f00003]: Paragraph 19(4) of Schedule 22 to the 1995 Act was repealed by Part 13 of Schedule 1 to the Statute Law Repeals Act 2004 (c.14).