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Statutory Instruments

1990 No. 2565 (C.67)

ENVIRONMENTAL PROTECTION

ATOMIC ENERGY AND RADIOACTIVE SUBSTANCES

The Environmental Protection Act 1990 (Commencement No. 3) Order 1990

Made

6th December 1990

The Secretary of State, in exercise of the powers conferred upon him by section 164(3) of the Environmental Protection Act 1990(1), hereby makes the following Order—

Citation and interpretation

1.—(1) This Order, which extends to the United Kingdom, may be cited as the Environmental Protection Act 1990 (Commencement No. 3) Order 1990.

(2) In this Order “the 1990 Act” means the Environmental Protection Act 1990.

Provisions coming into force on 7th December 1990

2.  Section 105 in so far as it relates to paragraph 10 of Schedule 5 to the 1990 Act but only to the extent that it confers power to make regulations under section 11D of the Radioactive Substances Act 1960(2) shall come into force on 7th December 1990.

Provisions coming into force on 1st January 1991

3.  Sections 100 to 104, section 105 in so far as it is not already in force and section 162(2) in so far as it relates to Part V of Schedule 16 shall come into force on 1st January 1991.

Michael Heseltine

One of Her Majesty’s Principal Secretaries of State

6th December 1990

Explanatory Note

(This note is not part of the Order)

This Order brings into force in relation to the United Kingdom the provisions of the Environmental Protection Act 1990 (the “1990 Act”) relating to amendments and repeals of the Radioactive Substances Act 1960 (the “1960 Act”).

Article 2 of the Order brings into force on 7th December 1990 provisions of the 1990 Act relating to the power to make Regulations in respect of appeals from decisions of the chief inspector under the 1960 Act.

Article 3 of the Order brings into force on 1st January 1991 other provisions of the 1990 Act relating to—

(a)the appointment of a chief inspector and other inspectors under the 1960 Act;

(b)inspectors' enforcement powers;

(c)hearings and appeals;

(d)fees and charges;

(e)the withdrawal of exemptions of the United Kingdom Atomic Energy Authority from certain requirements of the 1960 Act;

(f)other minor and consequential amendments and repeals of the 1960 Act.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the 1990 Act have been brought into force by commencement orders made before the date of this Order:

ProvisionsDate of CommencementS.I. No.
ss.128 to 139, save for the amendments made by ss. 128, 130 and 132.5.11.19901990/2226
ss.89(7), (8), (9), (11), (12)and (13).12.11.19901990/2243