SCHEDULE 3MINOR AND CONSEQUENTIAL MODIFICATIONS

PART 6MODIFICATIONS OF REFERENCES TO “ENACTMENT” ETC.

Environmental Protection Act 1990

40

(1)

The Environmental Protection Act 1990 is amended as follows.

(2)

In section 33 (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste), after subsection (10) add—

“(11)

In subsection (4)(c) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.

(3)

In section 57 (powers of the Scottish Ministers to require waste to be accepted, treated, disposed of or delivered), after subsection (7) insert—

“(7A)

In subsection (6) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.

(4)

In section 63 (waste other than controlled waste), after subsection (4) add—

“(5)

In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.

(5)

In section 73 (appeals and other provisions relating to legal proceedings and civil liability), after subsection (9) add—

“(10)

In subsection (2) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.

(6)

In section 78X (supplementary provisions), after subsection (4) insert—

“(4A)

In subsection (4)(f)(i) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.

(7)

In section 79 (statutory nuisances and inspections therefor), after subsection (6A) insert—

“(6B)

In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.

(8)

In section 98 (definitions for Part 6), after subsection (6), insert—

“(6A)

In subsection (6) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.

(9)

In section 140 (power to prohibit or restrict the importation, use, supply or storage of injurious substances or articles), in subsection (11), before the definition of “the environment” insert—

““enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;”.

(10)

In Schedule 4 (abandoned shopping and luggage trolleys), after paragraph 1(2) add—

“(3)

In sub-paragraph (2)(d) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.