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

Type Scottish-Statutory-Instrument

Publication 2003-03-20

State In force

Jurisdiction Scotland

Department Queen's Printer for Scotland

Source legislation.gov.uk

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Made: 20th March 2003

The Scottish Ministers, in exercise of the powers conferred by section 125(3) of the Environment Act 1995[^f00001] and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and extent

1

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

(2) This Order extends to Scotland only.

Provisions coming into force on 1st April 2003

2

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 2003[^f00002].

Signed

ROSS FINNIE — A member of the Scottish Executive — 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.

Footnotes

[^f00001]: 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).

[^f00002]: S.S.I. 2003/207.

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