Schedule 11 transitional provisions – EPA 1990 s. 139
EPA 1990 s. 139 gives effect to Schedule 11, which contains transitional provisions and savings for the Part on nature conservation and countryside councils.
Schedule 11 to this Act (which contains transitional provisions and savings relating to this Part) shall have effect.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section makes Schedule 11 to the Environmental Protection Act 1990 legally effective. Schedule 11 contains the transitional rules and savings that apply to the Part of the Act dealing with nature conservation, the creation of new councils, and related matters.
Transitional provisions govern how the law moves from the old arrangements (such as the Nature Conservancy Council) to the new ones (the new councils). Savings preserve certain existing rights, duties, contracts, and legal proceedings so that they are not automatically extinguished by the new law.
To see the specific transitional rules and savings, you must read Schedule 11 itself. This section is simply the trigger that puts that schedule into force.
When it applies
- The Nature Conservancy Council's property is being transferred to the new councils under a scheme made under section 135.
- Employees of the old Nature Conservancy Council are offered jobs with the new bodies under section 137.
- Existing nature conservation agreements continue to be valid despite the reorganisation of the councils.
- Legal proceedings that were started by the old council continue in the name of the successor council.
- Grants that were approved by the old council before the transfer date are still payable.
What this section does not say
- The specific powers and duties of the new councils – those are set out in sections 128 to 134.
- The detailed rules for transferring property – those are in section 135 and the scheme itself.
- The penalties for environmental offences – those are in sections 145 to 147.
- The procedures for appealing enforcement notices – those are in section 15.
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This page reproduces the text of EPA 1990 s. 139 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.