ScheduleAmendments of primary legislation

Environment Act 1995

36.—(1) The Environment Act 1995(1) is amended as follows.

(2) In the following provisions for “retained EU” substitute “assimilated”

(a)section 40(2)(a) and (4)(a)(2);

(b)section 41(1)(f) (as it applies to England and Wales)(3), (1)(g)(4) and (2)(g)(5);

(c)section 56(1) (as it applies to England and Wales)(6), in the definition of “environmental licence”;

(d)section 80(2)(a)(7);

(e)section 85(5)(a)(8);

(f)section 87(1)(b)(i)(9);

(g)section 122(3)(b)(ii) and (4)(10).

(2)

Section 40(2) and (4) were amended by article 6(1)(a) of S.I. 2011/1043 and regulation 3(2) of S.I. 2019/458.

(3)

Section 41(1)(f) was inserted by regulation 17(1)(b) of S.I. 2008/3087 and was amended by paragraph 372(2)(e) of Schedule 2 to S.I. 2013/755 and regulation 3(3)(a)(iii) of S.I. 2019/458. The amendment made by regulation 3(3)(a)(iii) of S.I. 2019/458 was itself amended by regulation 12(2)(a) of S.I. 2020/1540 before the amendment came into force.

(4)

Section 41(1)(g) was inserted by paragraph 1(2) of Schedule 8 to S.I. 2009/890 and was amended by paragraph 22(a) of the Schedule to S.I. 2011/2011, paragraph 372(2)(f) of Schedule 2 to S.I. 2013/755 and regulation 3(3)(a)(iv) of S.I. 2019/458. The amendment made by regulation 3(3)(a)(iv) of S.I. 2019/458 was itself amended by regulation 12(2)(a) of S.I. 2020/1540 before the amendment came into force.

(5)

Section 41(2)(g) was inserted into the Act as it applies in relation to Scotland by paragraph 1 of Schedule 6 to S.S.I. 2003/235 and was amended by articles 3 to 6 of S.I. 2011/1043 and regulation 3(3)(b) of S.I. 2019/458.

(6)

Paragraph (h) of the definition of “environmental licence” was substituted by paragraph 4 of Schedule 4 to S.I. 2011/988 and was amended by regulation 3(5)(a)(ii) of S.I. 2019/458, regulation 2 of S.I. 2019/526 and regulation 4 of S.I. 2020/904.

(7)

Section 80(2) was amended by regulation 3(6) of S.I. 2019/458.

(8)

Section 85(5) was amended by section 367(4) of the Greater London Authority Act 1999 (c. 29) and regulation 3(7) of S.I. 2019/458.

(9)

Section 87(1)(b) was amended by regulation 3(9) of S.I. 2019/458.

(10)

Section 122(3) was substituted by, and subsection (4) was amended by, regulation 3(14) of S.I. 2019/458. Regulation 3(14) of S.I. 2019/458 was itself amended by regulation 12(2) of S.I. 2020/1540 before it came into force.