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Environment Act 1995
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Environment Act 1995, Section 118 is up to date with all changes known to be in force on or before 19 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 82(1A) inserted by 2024 asc 2 s. 16(3)
- s. 83B inserted by 2024 asc 2 s. 17(1)
- s. 85(3)(e)(f) inserted by 2024 asc 2 s. 18(b)
- s. 110A applied by S.S.I. 2012/360, reg. 57A (as inserted) by 2024 asp 13 s. 20(3)
- s. 110A-110D and cross-heading inserted by 2024 asp 13 s. 19(2)
- Sch. 7 para. 7(4A) (4B) inserted by 2007 c. 28 Sch. 14 para. 4(3)
118 Application of certain other enactments to the Isles of Scilly.E+W+S
(1)After section 10 of the M1Control of Pollution (Amendment) Act 1989 there shall be inserted—
“10A Application to the Isles of Scilly.
(1)Subject to the provisions of any order under this section, this Act shall not apply in relation to the Isles of Scilly.
(2)The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Act to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order.
(3)An order under this section may—
(a)make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
(b)contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.
(4)The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)For section 76 of the M2Environmental Protection Act 1990 (which provides for Part II of that Act to have effect in its application to the Isles of Scilly with modifications specified by order) there shall be substituted—
“76 Application to the Isles of Scilly.
(1)Subject to the provisions of any order under this section, this Part shall not apply in relation to the Isles of Scilly.
(2)The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Part to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order.
(3)An order under this section may—
(a)make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
(b)contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.”
(4)For section 222 of the M3Water Industry Act 1991 (application to Isles of Scilly) there shall be substituted—
“222 Application to the Isles of Scilly.
(1)Subject to the provisions of any order under this section, this Act shall not apply in relation to the Isles of Scilly.
(2)The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Act to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order.
(3)An order under this section may—
(a)make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
(b)contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.
(4)The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”
(5)For section 224 of the M4Water Resources Act 1991 (application to Isles of Scilly) there shall be substituted—
“224 Application to the Isles of Scilly.
(1)Subject to the provisions of any order under this section, this Act shall not apply in relation to the Isles of Scilly.
(2)The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Act to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order.
(3)An order under this section may—
(a)make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
(b)contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.
(4)The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”
(6)For section 75 of the M5Land Drainage Act 1991 (application to the Isles of Scilly) there shall be substituted—
“75 Application to the Isles of Scilly.
(1)Subject to the provisions of any order under this section, this Act shall not apply in relation to the Isles of Scilly.
(2)The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide for the application of any provisions of this Act to the Isles of Scilly; and any such order may provide for the application of those provisions to those Isles with such modifications as may be specified in the order.
(3)An order under this section may—
(a)make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and
(b)contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.
(4)The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”
Textual Amendments
F1S. 118(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13
Commencement Information
I1S. 118 partly in force; s. 118 not in force at Royal Assent see s. 125(3); s. 118(1)-(3)(6) wholly in force and s. 118(4)(5) in force for specified purposes at 1.2.1996 by S.I. 1996/186, art. 2
I2S. 118(4)(5) in force at 1.4.2020 in so far as not already in force by S.I. 2020/216, art. 2
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