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Environment Act 1995
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- UK Public General Acts
- 1995 c. 25
- Part V
- Isles of Scilly
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Changes over time for: Cross Heading: Isles of Scilly
Version Superseded: 01/04/2020
Alternative versions:
- 01/02/1996- Amendment
- 22/07/2004- Amendment
- 01/12/2006
Point in time - 01/04/2020- Amendment
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Point in time view as at 01/12/2006.
Changes to legislation:
Environment Act 1995, Cross Heading: Isles of Scilly is up to date with all changes known to be in force on or before 27 December 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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Isles of ScillyE+W+S
117 Application of this Act to the Isles of Scilly.E+W+S
(1)Subject to sections 77, 80 and 89 above and the provisions of any order under this section or section 89 above, nothing in this Act shall require or authorise any function, duty or power to be carried out, performed or exercised in relation to the Isles of Scilly by the Agency; and references in the other provisions of this Act (apart from Part III) to England and Wales shall not include references to those Isles.
(2)The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order make provision with respect to the carrying out in those Isles of functions (other than functions under or by virtue of Part III or IV of this Act) falling to be carried out in relation to other parts of England and Wales by the Agency.
(3)Without prejudice to the generality of the power conferred by subsection (2) above, an order under this section may apply any provision of this Act (other than a provision contained in Part III or IV) in relation to the Isles of Scilly with or without modifications.
(4)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and transitional provision as the Secretary of State considers appropriate, including provision saving provision repealed by or under any enactment.
(5)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.
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
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