The Environment Act 1995 (Commencement No. 24) (Scotland) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order partially commences section 120(1) and (3) of, and partially commences Schedules 22 and 24 to, the Environment Act 1995 (“the 1995 Act”) for Scotland only.

Article 2(1) of the Order brings into force on 1st April 2015, section 120(1) of, and Schedule 22 to, the 1995 Act in so far as they relate to paragraph 81 of Schedule 22. This paragraph substitutes section 63(2) of the Environmental Protection Act 1990 (“the 1990 Act”), which provides for offences relating to the deposit of waste other than controlled waste.

Article 2(2) of the Order brings into force on 1st April 2015, section 120(3) of, and Schedule 24 to, the 1995 Act in so far as they relate to the repeals set out in that paragraph.

Article 2(2)(b) of the Order commences the repeal of section 54 of the 1990 Act which relates to a waste disposal regime which is now spent. There is a cross reference to section 54 in section 33(1) of the 1990 Act and article 2(2)(a) of this Order commences the repeal of that reference.

Schedule 24 to the 1995 Act provides for the repeal of paragraphs 19 to 27 of Schedule 22 to that Act. Paragraph 19(4) and paragraph 25 of Schedule 22 to the 1995 Act were repealed by Part 13 of Schedule 1 to the Statute Law Repeals Act 2004. Article 2(2)(c) and (d) of this Order completes the commencement of the repeal of paragraphs 19 to 27 of Schedule 22 to the 1995 Act.