The Environment Act 1995 (Commencement No. 12 and Transitional Provisions) (Scotland) Order 1998

Made: 11th March 1998

The Secretary of State, in exercise of the powers conferred on him under section 125(3) and (4) of the Environment Act 1995¹, hereby makes the following Order:

Citation

1

This Order may be cited as the Environment Act 1995 (Commencement No. 12 and Transitional Provisions) (Scotland) Order 1998.

Provision coming into force on 8th April 1998

2

Section 116 of the Environment Act, insofar as it relates to paragraph 4 of Schedule 21, shall come into force on 8th April 1998.

Transitional provisions

3

• (1) Any application by the Crown for a consent for the purposes of section 30I(1)(a) of the Control of Pollution Act 1974² made before 8th April 1998, and anything done before that date in relation to that application, shall be treated on and after that date as if it had been made or done under the relevant provisions of Part II of that Act or under the Control of Pollution (Consents for Discharges) (Secretary of State Functions) Regulations 1984³.

• (2) Where–

• (a) any application to which paragraph (1) above applies has not been finally disposed of before 8th April 1998; and

• (b) the application relates to discharges which are substantially the same as discharges lawfully made by the Crown before that date without a consent,

the Scottish Environment Protection Agency shall be deemed to have given unconditionally the consent applied for and the deemed consent shall continue in force until the application is finally disposed of.

• (3) An application shall be treated as finally disposed of for the purposes of paragraph (2) above on–

• (a) the date on which the Agency gives the consent applied for unconditionally or the application is withdrawn;

• (b) if the Agency gives its consent subject to conditions or refuses its content, the expiration of the time limit for appealing against that decision without an appeal being made; or

• (c) if an appeal is duly made against the Agency’s decision, the date on which that appeal is determined or withdrawn.

Signed

Sewel — Parliamentary Under Secretary of State, Scottish Office — 11th March 1998

Explanatory note

(This note is not part of the Order)

Article 2 brings into force on 8th April 1998 section 116 of the Environment Act 1995 insofar as it relates to paragraph 4 of Schedule 21 (Crown application of Control of Pollution Act 1974).

Article 3 makes transitional provisions in cases where an application for a discharge consent has been made by the Crown before 8th April 1998.

Footnotes