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The Environmental Protection Act 1990 (Commencement No. 20) (Scotland) Order 2015

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Appointed day

2.—(1) 1st April 2015 is the day appointed for the coming into force of section 162(2) of, and Part 1 of Schedule 16 to, the 1990 Act so far as relating to the following repeals:—

(a)the whole of the Alkali, &c. Works Regulation Act 1906(1) in so far as it has not already been repealed(2); and

(b)the definition of “the Alkali Act” in section 105(1) of the Control of Pollution Act 1974(3).

(2) 1st April 2015 is the day appointed for the coming into force of section 162(2) of, and Part 2 of Schedule 16 to, the 1990 Act so far as relating to the following repeals—

(a)sections 3 to 10, 14, 18 and 27 of the Control of Pollution Act 1974 in so far as they have not already been repealed(4);

(b)sections 16, 17, 19, 20, 21, 28, 29 and 30 of the Control of Pollution Act 1974;

(c)in paragraph 1 of Schedule 1 to the Local Government Act 1988(5)—

(i)the words “in the application of this Part to England and Wales,” in sub-paragraph (1); and

(ii)sub-paragraph (4);

(d)paragraph 18 of Schedule 16 to the Electricity Act 1989(6);

(e)the words following “below” in section 34(3)(b) of the 1990 Act; and

(f)section 36(8) of the 1990 Act.

(3) 1st April 2015 is the day appointed for the coming into force of section 162(2) of, and Part 8 of Schedule 16 to, the 1990 Act so far as relating to the repeal of sections 5(c), (d), (e)(iii) and 6(1)(a)(iii)(7) of, and Schedule 4 to, the Food and Environment Protection Act 1985(8).

(2)

The repeal of the Alkali, &c. Works Regulation Act 1906 (c.14) was partially commenced by S.I. 1994/2854.

(4)

S.I. 1994/1096 commenced the repeals in Schedule 16 to the 1990 Act so far as relating to sections 3 to 10, 18 and 27 of the Control of Pollution Act 1974 (c.40) (“the 1974 Act”) except in relation to certain applications, appeals and activities which are set out in that instrument. The repeals of subsections (1) to (5) and (7) to (11) of section 14 of the 1974 Act were partially commenced by S.I. 1992/266.

(5)

1988 c.9. S.I. 1994/1096 commenced section 162(1) of the 1990 Act in so far as it relates to paragraph 27 of Schedule 15 to the 1990 Act which (among other things) omits the words “In the application of this part to England and Wales,” in subparagraph (1), and subparagraph (4) of paragraph 1 to Schedule 1 of the Local Government Act 1988 (c.9).

(7)

Section 146(2)(b), (c)(ii) and (3) of the 1990 Act came into force 1st January 1991 and provided that sections 5(c), (d), (e)(iii) and 6(1)(a)(iii) of the Food and Environment Protection Act 1985 (c.48) shall be omitted. Section 146(2)(b), (c)(ii) and (3) of the 1990 Act was repealed by the Marine and Coastal Access Act 2009 (c.23), Schedule 22, Part 2, (see S.I. 2011/566, article 3(2)(d)).

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