Statutory Instrument 1991 No. 96 (C.3)

The Environmental Protection Act 1990 (Commencement No. 5) Order 1991

---

© Crown Copyright 1991

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Environmental Protection Act 1990 (Commencement No. 5) Order 1991, ISBN 0110130960. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1991 No. 96 (C.3)

ENVIRONMENTAL PROTECTION

The Environmental Protection Act 1990 (Commencement No. 5) Order 1991

The Secretary of State, in exercise of the powers conferred upon him by section 164(3) of the Environmental Protection Act 1990^[1], and of all other powers enabling him on that behalf, hereby makes the following Order:—

    1.—(1)  This Order may be cited as the Environmental Protection Act 1990 (Commencement No. 5) Order 1991.

    (2)  In this Order "the Act" means the Environmental Protection Act 1990.

    2.    Sections 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) of the Act, and section 162(1) of the Act in so far as it relates to paragraphs 10(3) and 15(3) to (5) of Schedule 15 to the Act, shall come into force on 14th January 1991.

    3.    The following provisions of the Act shall come into force, in relation to England and Wales only, on 13th February 1991—
section 86(1), (4), (5), (9) and (13),


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


section 88(1) to (4), (6), (8), (9)(a) and (c) to (e) and (10), and


section 98(1), (2), (5) and (6).

Michael Heseltine

One of Her Majesty's Principal Secretaries of State

13th January 1991

Article 2 of the Order brings into force on 14th January 1991—
(a) the provisions of Part IV of the Environmental Protection Act 1990 ("the Act") which enable the Secretary of State to make orders and regulations, and

(b) the provisions of Schedule 15 to the Act which relate to Part III of the Act and which were not brought into force by section 164(2) of the Act.

Article 3 of the Order relates to England and Wales only. It brings into force on 13th February 1991 sections 86(1), (4), (5), (9) and (13), 87(1), (2), (3)(a) to (e) and (4) to (6), 88(1) to (4), (6), (8), (9)(a) and (c) to (e) and (10) and 98(1), (2), (5) and (6) of the Act. Section 87 creates an offence of depositing litter in public open places and in other places specified in section 87(3). Section 88 enables an authorised officer of a litter authority to serve a fixed penalty notice on a personm whom he has reason to believe has committed an offence under section 87. Sections 86 and 98 make provision supplementary to that in sections 87 and 88.

The following provisions of the Act have been brought into force by commencement order made before the date of this Order:

Provision	Date of Commencement	S. I. No.
ss. 128 to 139 (save for amendments made by ss. 128, 130 and 132)	5. 11. 1990	1990/2226
s. 89(7), (8), (9), (11), (12) and (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, 159 and 162(2) (partially)	1. 1. 1991	1990/2635

[1] 1990 c. 43. back