This Statutory Instrument has been made in consequence of a defect in S.I. 2001/2351 and is being issued free of charge to all known recipients of that Statutory Instrument
Statutory Instruments
2001 No. 3211 (C. 102)
ENVIRONMENTAL PROTECTION, WALES
The Environment Act 1995 (Commencement No. 20 and Saving Provision) (Wales) Order 2001
Made
14th September 2001
The Secretary of State for Wales in exercise of the powers conferred upon him by section 125(3) and (4) of the Environment Act 1995( 1 ) hereby makes the following Order:
Citation, interpretation and application
1. —(1) This Order may be cited as the Environment Act 1995 (Commencement No. 20 and Saving Provision) (Wales) Order 2001.
(2) In this Order:
“the 1990 Act” means the Environmental Protection Act 1990( 2 ); and
“the 1995 Act” means the Environment Act 1995.
(3) The provisions of the Environment Act 1995 brought into force by this Order are brought into force for the purposes of their application to Wales only.
2. The following provisions of the 1995 Act shall (in so far as not already in force) come into force on 15th September 2001:—
(a) section 57;
(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 15th September 2001,—
(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.
1995 c. 25 . Some functions of the Secretary of State were transferred in relation to Wales to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 ), but this transfer excluded the commencement powers in section 125 ( see article 2(e) of S.I. 1999/672 ).