Explanatory note
(This note is not part of the Order)
Article 2 of the Order brings into force on 14th January 1991—
the provisions of Part IV of the Environmental Protection Act 1990 (“the Act”) which enable the Secretary of State to make orders and regulations, and
the provisions of Schedule 15 to the Act which relate to Part III of the Act and which were not brought into force by section 164(2) of the Act.
Article 3 of the Order relates to England and Wales only. It brings into force on 13th February 1991 sections 86(1), (4), (5), (9) and (13), 87(1), (2), (3)(a) to (e) and (4) to (6), 88(1) to (4), (6), (8), (9)(a) and (c) to (e) and (10) and 98(1), (2), (5) and (6) of the Act. Section 87 creates an offence of depositing litter in public open places and in other places specified in section 87(3). Section 88 enables an authorised officer of a litter authority to serve a fixed penalty notice on a personm whom he has reason to believe has committed an offence under section 87. Sections 86 and 98 make provision supplementary to that in sections 87 and 88.