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The Environment Act 1995 (Commencement No. 21) (Scotland) Order 2003

S.S.I. 2003/206 · Made 20 March 2003

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

ENVIRONMENTAL PROTECTION

Made 20th March 2003

The Scottish Ministers, in exercise of the powers conferred by section 125(3) of the Environment Act 1995f1 and of all other powers enabling them in that behalf, hereby make the following Order:

Annotations to the whole text

Footnotes

f1

1995 c. 25. 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).

Contents

  1. 1Citation and extent
  2. 2Provisions coming into force on 1st April 2003
  3. Signature
  4. Explanatory note

1Citation and extent

This Order may be cited as the Environment Act 1995 (Commencement No. 21) (Scotland) Order 2003.

(2)

This Order extends to Scotland only.

2Provisions coming into force on 1st April 2003

Section 120(1) of the Environment Act 1995 shall come into force on 1st April 2003 in so far as it relates to the following provisions of Schedule 22:–

(a)

paragraphs 29(21) and (22) (in so far as those provisions are not already in force); and

(b)

paragraph 88 for the purposes only of the Landfill (Scotland) Regulations 2003f1.

Signature

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

20th March 2003

Explanatory note

(This note is not part of the Order)

This Order brings into force on 1st April 2003 section 120(1) of the Environment Act 1995, insofar as it relates to paragraphs 29(21) and (22) of Schedule 22 (insofar as those provisions are not already in force) and paragraph 88 of that Schedule for the purposes only of the Landfill (Scotland) Regulations 2003 (“the 2003 Regulations”). Paragraphs 29(21) and (22) make amendments to the Control of Pollution Act 1974 (c. 40) concerning operations to remedy or forestall pollution of water and notices requiring persons to carry out anti-pollution operations. Paragraph 88 amends section 75 of the Environmental Protection Act 1990 (“the 1990 Act”) (meaning of “waste” and household, commercial and industrial waste and special waste). Subsection (2) is replaced, subsection (3) is deleted and new subsections (10) to (12) are inserted. The amended definition of “waste” in the 1990 Act is incorporated in the definition of “waste” in regulation 2 of the 2003 Regulations.