Statutory Instruments
2000 No. 340 (C. 8)
ENVIRONMENTAL PROTECTION
The Environment Act 1995 (Commencement No. 16 and Saving Provision) (England) Order 2000
Made
2nd February 2000
The Secretary of State, in exercise of his powers under section 125(3) and (4) of the Environment Act 1995( 1 ), hereby makes the following Order:
Citation, extent and interpretation
1. —(1) This Order may be cited as the Environment Act 1995 (Commencement No. 16 and Saving Provision) (England) Order 2000.
(2) The provisions of the Environment Act 1995 brought into force by this Order are brought into force for the purposes of their application to England only.
(3) In this Order—
“the 1995 Act” means the Environment Act 1995;
“the 1990 Act” means the Environmental Protection Act 1990( 2 ).
Provisions coming into force on 1st April 2000
2. The following provisions of the 1995 Act shall come into force on 1st April 2000—
(a) section 57 (in so far as not already in force);
(b) section 120(1) in so far as it relates to paragraphs 79, 89, 91 and 92 of Schedule 22; and
(c) section 120(3) in so far as it relates to the repeal in Schedule 24 of sections 61 and 143 of the 1990 Act.
Saving provision
3. Where, before 1st April 2000,—
(a) an abatement notice has been served under section 80(1) of the 1990 Act; or
(b) a complaint has been made to a magistrates' court under section 82(1) of the 1990 Act or an order made under section 82(2) of that Act,
it, and any proceedings consequent upon any such notice, complaint or order, shall continue to have effect notwithstanding the amendments made to section 79 of the 1990 Act by paragraph 89 of Schedule 22 to the 1995 Act.
Signed by authority of the Secretary of State
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
2nd February 2000
1995 c. 25 . The functions of the Secretary of State under the 1995 Act in relation to Scotland were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46) and in relation to Wales were transferred in part by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672 ) (though the functions of the Secretary of State under section 125 of the 1995 Act are retained in relation to Wales, see article 2(e) of S.I. 1999/672 ).