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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 -
Provisions coming into force on 1st April 2000
(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
(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. (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 -
(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. (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.
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
ISBN 0 11 085953 7
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