The Environment Act 1995 (Commencement No. 4 and Saving Provisions) Order 1995

Provisions coming into force on 23rd November 1995

2.—(1) Subject to paragraph (2), the following provisions of the 1995 Act shall come into force on the 23rd November 1995—

• Section 78 insofar as it relates to paragraphs 1, 2 (except sub-paragraphs (2) and (9)(b)), 3 to 7, 8(2), 9, 10(1) and (3), 11, 12, 14, 15, 17 to 19, 21, 23 to 26, 28 to 31(1), 32(1) to (13) and (15) to (18), 33(1) to (5), 34, 35 (insofar as it adds to section 35(5) of the Local Government Finance Act 1992(2) (definition of “special items”) the words “or (c) a National park authority in relation to a National Park in Wales”), 36, 37 and 38(1) of Schedule 10;

(2) The commencement of sub-paragraph (2) of paragraph 32 of Schedule 10 to the 1995 Act shall not affect the constitution of a united district for a National Park (or any area which by virtue of paragraph 3 of Schedule 17 to the Local Government Act 1972(3) is treated as a united district) where such a district is in being immediately before the commencement of the said sub-paragraph; and such a district shall continue to be constituted until such time as is provided for in an order under section 63 of the 1995 Act (establishment of National Park authorities) or section 2 of the Town and Country Planning Act 1990(4) (joint planning boards) or Part I of Schedule 17 to the Local Government Act 1972 (discharge of planning and countryside functions in National Parks).

(1)

Paragraph 30 of Schedule 10 amends paragraph 2(6) of Schedule 8 to the Electricity Act 1989 (c. 29) (definition of “relevant planning authority” for the purposes of consents under that Act of 1989). Amendment to the a said paragraph 2(6) of Schedule 8 is also made by paragraph 22 of Schedule 6 to the Local Government (Wales) Act 1994 (c. 19) (referred to in sub-paragraph (2) of the said paragraph 30 as “the 1994 amendment”). The 1994 amendment has not yet been brought into force. Consequently, sub-paragraph (3) of the said paragraph 30 applies and not sub-paragraph (4) or (5) thereof. The said paragraph 2(6) of Schedule 8 to the 1989 Act was also amended by the Planning (Consequential Provisions) Act 1990 (c. 10) Schedule 2 paragraph 83(1).

(2)

1992 c. 14. Section 35(5) of the Act of 1992 was inserted by Schedule 12 paragraph 6 to the Local Government (Wales) Act 1994.

(3)

1972 c. 70.

(4)

1990 c. 8.