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Statutory Instrument 2000 No. 340 (C. 8)
The Environment Act 1995 (Commencement No. 16 and Saving
Provision) (England) Order 2000
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STATUTORY INSTRUMENTS
2000 No. 340 (C. 8)
ENVIRONMENTAL PROTECTION
The Environment Act 1995 (Commencement No. 16 and Saving
Provision) (England) Order 2000
The Secretary of State, in exercise of his powers under section 125(3)
and (4) of the Environment Act 1995[1],
hereby makes the following Order:
Citation, extent and interpretation
1. - (1) This Order may be cited as the Environment Act 1995
(Commencement No. 16 and Saving Provision) (England) Order 2000.
(2) The provisions of the Environment Act 1995
brought into force by this Order are brought into force for the purposes
of their application to England only.
(3) In this Order -
"the 1995 Act" means the Environment Act 1995;
"the 1990 Act" means the Environmental Protection Act 1990[2].
Provisions coming into force on 1st April 2000
2. The following provisions of the 1995 Act shall come into force
on 1st April 2000 -
(a) section 57 (in so far as not already in force);
(b) section 120(1) in so far as it relates to paragraphs 79, 89,
91 and 92 of Schedule 22; and
(c) section 120(3) in so far as it relates to the repeal in Schedule
24 of sections 61 and 143 of the 1990 Act.
Saving provision
3. Where, before 1st April 2000, -
(a) an abatement notice has been served under section 80(1) of the
1990 Act; or
(b) a complaint has been made to a magistrates' court under section
82(1) of the 1990 Act or an order made under section 82(2) of that Act,
it, and any proceedings consequent upon any such notice, complaint or
order, shall continue to have effect notwithstanding the amendments made
to section 79 of the 1990 Act by paragraph 89 of Schedule 22 to the 1995
Act.
Signed by authority of the Secretary of State
Michael Meacher
Minister of State, Department of the Environment, Transport and
the Regions
2nd February 2000
EXPLANATORY NOTE
(This note is not part of the Order)
This Order relates to England only.
Article 2 brings various provisions of the Environment Act 1995 into
force on 1st April 2000.
Article 2(a) brings into force section 57 of the Environment Act
1995, which inserts a new Part IIA in the Environmental Protection Act
1990. Part IIA provides for a regime for the identification and remediation
of contaminated land.
Article 2(b) brings into force section 120(1) of the 1995 Act in
so far as it relates to the following paragraphs in Schedule 22 -
(a) paragraph 79, which provides for section 61 of the 1990 Act
(duty of waste regulation authorities as respects closed landfills) to
cease to have effect;
(b) paragraph 89, which amends section 79 of the 1990 Act (statutory
nuisances and inspections therefor);
(c) paragraph 91, which provides for section 143 of the 1990 Act
(public registers of land which may be contaminated) to cease to have effect;
and
(d) paragraph 92, which amends section 161(4) of the 1990 Act (regulations,
orders and directions).
Article 2(c) brings into force section 120(3) of the 1995 Act in so
far as it relates to the repeal in Schedule 24 of sections 61 and 143 of
the 1990 Act.
Article 3 makes saving provision in connection with the commencement
of paragraph 89 of Schedule 22 to the 1995 Act.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
The following provisions of the Environment Act 1995 have been brought
into force by commencement orders made before the date of this Order.
| Provision |
Date of commencement |
S.I. No. |
| Section 1 |
28.7.1995 |
1995/1983 |
| Section 2 |
1.4.1996 |
1996/186 |
| Section 3(1) |
1.4.1996 |
1996/186 |
| Section 3(2) to (8) |
28.7.1995 |
1995/1983 |
| Section 4 |
28.7.1995 |
1995/1983 |
| Section 5 |
1.2.1996 and 1.4.1996 |
1996/186 |
| Section 6 |
1.4.1996 |
1996/186 |
| Section 7 |
28.7.1995 |
1995/1983 |
| Section 8 |
1.4.1996 |
1996/186 |
| Section 9 |
28.7.1995 |
1995/1983 |
| Sections 10 and 11 |
1.4.1996 |
1996/186 |
| Section 12 |
28.7.1995 |
1995/1983 |
| Sections 13 to 19 |
1.4.1996 |
1996/186 |
| Sections 20 to 23 |
12.10.1995 |
1995/2649 |
| Sections 25 to 29 |
1.4.1996 |
1996/186 |
| Sections 30 to 32 |
12.10.1995 |
1995/2649 |
| Sections 33 to 35 |
1.4.1996 |
1996/186 |
| Section 36 |
12.10.1995 |
1995/2649 |
| Section 37 |
28.7.1995 and 1.4.1996 |
1995/1983 and 1996/186 |
| Sections 38 to 40 |
28.7.1995 |
1995/1983 |
| Section 41 |
21.9.1995, 1.2.1996 and 1.4.1996 |
1995/1983 and 1996/186 |
| Section 42 |
21.9.1995 |
1995/1983 |
| Sections 43 to 52 |
28.7.1995 |
1995/1983 |
| Sections 53 and 54 |
1.4.1996 |
1996/186 |
| Section 55 |
1.2.1996 and 1.4.1996 |
1996/186 |
| Section 56 |
28.7.1995 |
1995/1983 |
| Section 57 (partially) |
21.9.1995 |
1995/1983 |
| Section 58 |
21.9.1995 and 4.3.1998 |
1995/1983 and 1998/604 |
| Section 59 |
12.10.1995 and 1.1.1999 |
1995/2649 and 1998/3272 |
| Section 60 |
1.7.1997 and 1.7.1998 |
1997/1626 and 1998/604 |
| Section 78 and Schedule 10 (partially), with savings |
23.11.1995, 1.4.1996 and 1.4.1997 |
1995/2950 and 1996/2560 |
| Section 80 |
1.2.1996 |
1996/186 |
| Section 81 |
1.4.1996 |
1996/186 |
| Sections 82 to 86 |
23.12.1997 |
1997/3044 |
| Sections 87 to 89 |
1.2.1996 |
1996/186 |
| Section 90 and Schedule 11 |
1.2.1996 and 23.12.1997 |
1996/186 and 1997/3044 |
| Section 91 |
1.2.1996 |
1996/186 |
| Section 92 |
1.4.1996 |
1996/186 |
| Sections 93 to 95 |
21.9.1995 |
1995/1983 |
| Section 96(1), (5) and (6) and Schedules 13 and 14 (England and Wales) |
1.11.1995 |
1995/2765 |
| Section 96(1), (5) and (6) and Schedules 13 and 14 (Scotland) |
1.1.1997 |
1996/2857 |
| Section 96(2) |
1.11.1995 |
1995/2765 |
| Section 96(3) |
1.1.1997 |
1996/2857 |
| Section 96(4) (partially) |
1.11.1995 |
1995/2765 |
| Section 96(4) (partially) (Scotland) |
1.1.1997 |
1996/2857 |
| Sections 97 to 103 |
21.9.1995 |
1995/1983 |
| Section 104 |
1.4.1996 |
1996/186 |
| Section 105 and Schedule 15 |
21.9.1995, 1.2.1996, 1.4.1996 and 1.1.1999 |
1995/1983 and 1996/186 |
| Sections 106 to 114 |
1.4.1996 |
1996/186 |
| Section 115 |
1.4.1996 |
1995/2950 and 1996/186 |
| Section 116 and Schedule 21 (partially) |
21.9.1995, 1.7.1997 and 8.4.1998 |
1995/1983, 1997/1626 and 1998/781 |
| Section 117 |
1.4.1996 |
1996/186 |
| Section 118(1) to (3), (4) and (5) (partially) and (6) |
1.4.1996 |
1996/186 |
| Section 119 |
1.4.1996 |
1996/186 |
| Section 120(1) and Schedule 22 (partially) |
21.9.1995, 12.10.1995, 1.2.1996, 1.4.1996, 21.11.1996, 31.12.1996,
23.12.1997, 1.4.1998, 16.3.1999, 1.4.1999 and 29.4.1999 |
1995/1983, 1995/2649, 1996/186, 1996/2909, 1997/3044, 1998/604, 1999/803
and 1999/1301 |
| Section120(2) and Schedule 23 (partially) |
1.4.1996 and 1.1.1999 |
1995/1983 and 1996/186 |
| Section 120(3) and Schedule 24 (partially) |
21.9.1995, 1.11.1995, 1.2.1996, 1.4.1996, 31.12.1996, 1.1.1997, 1.4.1997
and 1.1.1999 |
1995/1983, 1995/2765, 1996/186, 1996/2560, 1996/2857 and 1996/2909 |
| Section 120(4) to (6) |
28.7.1995 |
1995/1983 |
| Sections 121 to 124 |
28.7.1995 |
1995/1983 |
| Paragraph 7(2) of Schedule 7 |
1.4.1997 |
1996/2560 |
Notes:
[1] 1995 c. 25. The functions of the Secretary of State under the
1995 Act in relation to Scotland were transferred to the Scottish Ministers
by virtue of section 53 of the Scotland Act 1998 (c. 46) and in relation
to Wales were transferred in part by article 2 of and Schedule 1 to the
National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)
(though the functions of the Secretary of State under section 125 of the
1995 Act are retained in relation to Wales, see article 2(e) of
S.I. 1999/672).back
[2] 1990 c. 43.back
ISBN 0 11 085953 7
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