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The Environmental Assessment (Scotland) Act 2005 (Commencement and Savings) Order 2006

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Scottish Statutory Instruments

2006 No. 19 (C. 2)

ENVIRONMENTAL PROTECTION

The Environmental Assessment (Scotland) Act 2005 (Commencement and Savings) Order 2006

Made

19th January 2006

The Scottish Ministers, in exercise of the powers conferred by sections 22(2) and 26 of the Environmental Assessment (Scotland) Act 2005(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation

1.  This Order may be cited as the Environmental Assessment (Scotland) Act 2005 (Commencement and Savings) Order 2006.

Appointed day

2.  Subject to article 3, the provisions of the Environmental Assessment (Scotland) Act 2005, so far as not then in force, shall come into force, for all purposes, on 20th February 2006.

Savings

3.—(1) Notwithstanding the repeal of the Environmental Assessment of Plans and Programmes (Scotland) Regulations 2004(2) by virtue of article 2 above, those Regulations shall continue to have effect, on and after 20th February 2006, as they had effect immediately before that date, in a case to which paragraph (2) below applies.

(2) This paragraph applies in the case of a plan or programme in respect of which the first formal preparatory act (within the meaning of those Regulations) is on or before 19th February 2006.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

19th January 2006

Explanatory Note

(This note is not part of the Order)

This Order appoints 20th February 2006 for the coming into force of the provisions of the Environmental Assessment (Scotland) Act 2005 so far as not then in force (article 2).

The Order provides that notwithstanding the repeal of the Environmental Assessment of Plans and Programmes (Scotland) Regulations 2004 (by the commencement of section 24 of the Act), those Regulations continue to have effect in relation to plans and programmes whose first formal preparatory act is on or before 19th February 2006 (article 3).

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