SCHEDULES

SCHEDULE 17 Statutory nuisances: Scotland

Amendments of the Environmental Protection Act 1990

2

In section 79 (statutory nuisances etc)—

a

in subsection (1)(ga) after the word “street” there shall be inserted the words “ or in Scotland, road ”;

b

in subsection (7)—

i

in the definition of “local authority”, before the word “outside” in paragraph (b) there shall be inserted “in England and Wales”, the word “ and ” after paragraph (b) shall cease to have effect, and after paragraph (c) there shall be inserted

and

d

in Scotland, a district or islands council or a council constituted under section 2 of the M1Local Government etc (Scotland) Act 1994;

ii

in the definition of “premises” after the word “and” where it second occurs there shall be inserted the words “ , in relation to England and Wales, ”;

iii

at the appropriate place there shall be inserted—

“road” has the same meaning as in Part IV of the New Roads and Street Works Act 1991;

F1c

in subsection (8)—

i

after the words “port health district” where they first occur there shall be inserted the words “ or in Scotland where by an order under section 172 of the M2Public Health (Scotland) Act 1897 a port local authority or a joint port local authority has been constituted for the whole or part of a port, ”;

ii

after the words “port health authority” where they second occur there shall be inserted the words “ , port local authority or joint port local authority, as the case may be ”;

d

in subsection (10) after the words “or (e)” there shall be inserted “ and, in relation to Scotland, paragraph (g) or (ga), ”;

e

in subsection (11) after the words “subsection (12) and” there shall be inserted the words “ , in relation to England and Wales, ”.