The Environmental Protection Act 1990 (Commencement No. 7) Order 1991

Statutory Instruments

1991 No. 1042 (C. 27)

ENVIRONMENTAL PROTECTION

The Environmental Protection Act 1990 (Commencement No. 7) Order1991

Made

28th March 1991

The Secretary of State, in exercise of the powers conferred upon himby section 164(3) of the Environmental Protection Act 1990(1), hereby makes the following Order:

Citation

1.  This Order may be cited as the Environmental Protection Act 1990(Commencement No. 7) Order 1991.

Provisions coming into force on 1st April 1991

2.—(1) The following provisions of the Environmental Protection Act 1990shall come into force on 1st April 1991—

• section 86(3) and (10);

• section 87(7);

• section 89(1)(a) to (f), (2), (3), (5), (6), (10) and (14);

• section 91(1)(a) to (f), (2) to (13);

• section 92(1)(a) to (c), (2) to (10);

• section 93;

• section 94(3) to (9);

• section 95;

• section 96(1);

• section 98(3) and (4);

• section 106(4) and (5);

• section 107(8);

• section 108(1)(b), (3)(b), (5), (7) and (9);

• section 111(1), (2), (4), (5), (7) and (11);

• section 113;

• section 114(1) to (3);

• section 115(4);

• section 122(1) (in so far as it empowers the Secretary of State tomake regulations) and (4);

• section 123(7) and (9);

• sections 124 to 126;

• section 156;

• section 158;

• section 162(1) in so far as it relates to paragraphs 1, 2, 6, 11 to14, 15(6) to (9), 16(1), (2) (in so far as it inserts a new paragraph(v) in section 31(2)(b) of the Control of

• Pollution Act 1974(2)) and (3), 20, 22 (in so far as it is not already inforce), 23, 28 (except in so far as it relates to the interpretation ofsection 74(2) of the Water Act 1989(3)), 29 and 30 of Schedule 15;

• section 162(2) in so far as it relates to Part IV of Schedule 16.

(2) The following provisions of the Environmental Protection Act 1990(which are in force in England and Wales) shall come into force inScotland on 1st April 1991—

• section 86(1), (4), (5) and (13);

• section 87(1), (2), (3)(a) to (e) and (4) to (6);

• section 88(1) to (4), (6), (8), (9)(a), (c) and (d) and (10);

• section 98(1), (5) and (6).

Provisions coming into force on 1st June 1991

3.  The following provisions of the Environmental Protection Act 1990shall come into force on 1st June 1991—

• section 86(12);

• section 87(3)(f);

• section 89(1)(g);

• section 90(3) to (6);

• section 91(1)(g);

• section 92(1)(d).

Michael Heseltine

One of Her Majesty’s Principal Secretaries of State

28th March 1991

Explanatory Note

(This note is not part of the Order)

Article 2(1) of the Order brings into force in England, Wales andScotland on 1st April 1991—

(a) the provisions of Part IV of the Environmental Protection Act 1990“the Act”) which impose a duty to keep land and highways clear of litter,enable summary proceedings to be taken if that duty is not compliedwith, relate to street litter control notices and make supplementaryprovision;

(b) the provisions of Part VI of the Act which enable the Secretary ofState to make orders and regulations, to prescribe fees and charges, toappoint inspectors, to delegate enforcement functions, require theSecretary of State to appoint an advisory committee and provide for thejoint exercise of functions by the Secretary of State and the Ministerof Agriculture, Fisheries and Food;

(c) the provisions of Part IX of the Act which provide a power for theSecretary of State to modify certain provisions of the Act and theRadioactive Substances Act 1960 (c. 34) by regulations in order to giveeffect to Community and other international obligations, relate tooffences under Parts I, II, IV and VI and certain other provisions ofthe Act and make repeals and minor amendments of certain enactmentswhich are consequential on bringing into force Part I and provisions ofPart IV of the Act.

Article 2(2) of the Order brings into force in Scotland on 1st April1991 the provisions of Part IV of the Act which were brought into forcein England and Wales on 13th February 1991 by the EnvironmentalProtection Act 1990 (Commencement No. 5) Order 1991 (S.I. 1990/96).

Article 3 of the Order brings into force in England, Wales andScotland on 1st June 1991 the provisions of Part IV of the Act whichrelate to litter control areas.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Environmental Protection Act 1990have been brought into force by commencement orders made before the dateof this Order:

Provisions	Date of commencement	S.I. No.
ss.128 to 139 (save for the amendments made by ss.128, 130 and 132)	5.11.1990	1990/2226
s.89(7) to (9) and (11) to (13)	13.11.1990	1990/2243
s.105 (partially)	7.12.1990	1990/2565
s.3	19.12.1990	1990/2635
ss.1, 2, 4 to 28, 100 to 104, 105 (partially), 159 and 162(2) (partially)	1.1.1991	1991/2635
ss.86(2), (6) to (8), (11), (14) and (15), 88(5), (7) and (9)(b), 89(4), 90(1), (2) and (7), 94(1) and (2) and 96(2) and (3) and 162(1) (partially)	14.1.1991	1991/96
s.86(1), (4), (5), (9) and (13) s.87(1), (2), (3)(a) to (e) and (4) to (6), s.88(1) to (4), (6), (8), (9)(a) and (c) to (e) and (10), s.98(1), (2), (5) and (6)	13.2.1991	1991/96
the amendments made by ss.128, 130 and 132 s.162(2) (partially)	1.4.1991	1991/685

(1)

1990 c. 43.

(2)

1974 c. 40.

(3)

1989 c. 15.