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The Pollution Prevention and Control Act 1999 (Commencement No. 3) (Scotland) Order 2015

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Citation, commencement, interpretation and extent

1.—(1) This Order may be cited as the Pollution Prevention and Control Act 1999 (Commencement No. 3) (Scotland) Order 2015 and comes into force on 1st April 2015.

(2) In this Order “the 1999 Act” means the Pollution Prevention and Control Act 1999.

(3) This Order extends to Scotland only.

Appointed day

2.—(1) 1st April 2015 is the day appointed for the coming into force of section 6(1) of, and Schedule 2 to, the 1999 Act so far as relating to the amendments specified in paragraphs 13 and 15 of Schedule 2.

(2) 1st April 2015 is the day appointed for the coming into force of section 6(2) of, and Schedule 3 to, the 1999 Act so far as relating to the following repeals—

(a)in section 11A(1) of the Prevention of Oil Pollution Act 1971(1), the words “an authorisation granted under Part I of the Environmental Protection Act 1990 or”;

(b)in the Environmental Protection Act 1990(2)—

(i)sections 1 to 19 and 22 to 28 insofar as they have not already been repealed(3); and

(ii)Schedule 1;

(c)paragraph 56 of Schedule 1 to the Water Consolidation (Consequential Provisions) Act 1991(4);

(d)in the Clean Air Act 1993(5)—

(i)in section 33(1), the words “a process subject to Part I of the Environmental Protection Act 1990 or”;

(ii)in section 35(3), the words “process subject to Part I of the Environmental Protection Act 1990 or”;

(iii)section 36(3); and

(iv)section 41;

(e)paragraph 6 of Schedule 4 to the Radioactive Substances Act 1993(6);

(f)in section 136A of the Merchant Shipping Act 1995(7), the words “an authorisation granted under Part I of the Environmental Protection Act 1990 or”; and

(g)in the Environment Act 1995(8)—

(i)in section 5(5)(e), “I,”;

(ii)in section 56(1)—

(aa)paragraph (b) of the definition of “environmental licence” in relation to the Environment Agency; and

(bb)paragraph (c) of the definition of “environmental licence” in relation to the Scottish Environment Protection Agency;

(iii)in section 108(15)—

(aa)paragraph (a) of the definition of “local enforcing authority”;

(bb)in paragraph (g) of the definition of “pollution control functions” in relation to the Environment Agency or the Scottish Environmental Protection Agency, “I,”; and

(cc)in paragraph (a) of the definition of “pollution control functions” in relation to a local enforcing authority, “I or”;

(h)section 111(6);

(i)in section 113(5), in the definition of “local enforcing authority”, paragraph (d) and the “or” preceding it;

(j)in section 114(2)(a)(iii), “15, 22(5),”;

(k)in paragraph 4(3)(b) of Schedule 20, “22(5),”; and

(l)paragraphs 45 to 61 of Schedule 22.

AILEEN McLEOD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

18th February 2015

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