Consequential amendments and repeals: EPA 1990 s. 162
Lists amendments/repeals in Schedules 15/16; savings: Scottish CPOs; power: amend local Acts; transition: Control of Pollution Act 1974 regulations.
The enactments specified in Schedule 15 to this Act shall have effect subject to the amendments specified in that Schedule. The enactments specified in Schedule 16 to this Act are hereby repealed subject to section 77 above, Schedule 11 to this Act and any provision made by way of a note in Schedule 16. The repeal of section 124 of the Civic Government (Scotland) Act 1982 shall not affect a compulsory purchase order made for the purposes of that section under the Local Government (Scotland) Act 1973 before the coming into force of the repeal and such compulsory purchase order may be proceeded with and shall have effect as if the said section 124 had not been repealed. The Secretary of State may by order repeal or amend any provision of any local Act passed before this Act (including an Act confirming a provisional order) or of any order or other instrument made under an Act so passed if it appears to him that the provision is inconsistent with, or has become unnecessary or requires alteration in consequence of, any provision of this Act or corresponds to any provision repealed by this Act. Any regulations made under section 100 of the Control of Pollution Act 1974 shall have effect after the repeal of that section by subsection (2) above as if made under section 140 of this Act.
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
Section 162 of the Environmental Protection Act 1990 gives effect to the amendments set out in Schedule 15 and the repeals set out in Schedule 16, but those repeals are subject to section 77, Schedule 11 and any notes in Schedule 16.
It includes a saving for compulsory purchase orders made under section 124 of the Civic Government (Scotland) Act 1982 before its repeal: those orders remain valid and can be completed as if that section had not been repealed. The Secretary of State may also by order repeal or amend any provision of a local Act (or an order under such an Act) if it is inconsistent with, unnecessary because of, or corresponds to a provision repealed by, the EPA 1990.
Regulations made under section 100 of the Control of Pollution Act 1974 continue to have effect after that section is repealed, treated as if they were made under section 140 of the EPA 1990.
When it applies
- A compulsory purchase order under the Civic Government (Scotland) Act 1982 was started before the repeal of section 124; it remains valid despite the repeal.
- The Secretary of State issues an order to repeal a local byelaw that conflicts with a provision of the EPA 1990.
- Regulations made under section 100 of the Control of Pollution Act 1974 continue to apply after that section is repealed, now treated as made under section 140 of the EPA 1990.
- A provision in Schedule 16 repeals an old statute, but the repeal does not take effect until conditions in section 77 or Schedule 11 are met.
- A local authority finds that a local Act has become unnecessary because the EPA 1990 covers the same ground, leading to a Secretary of State order repealing it.
What this section does not say
- The specific amendments and repeals themselves (they are contained in Schedules 15 and 16, not in this section).
- The grounds on which a person can challenge a repeal or amendment made under this section.
- The general power to make regulations under the EPA 1990 (that is covered by section 160a).
- The application of the EPA 1990 to the Crown (covered by section 159).
Related sections
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This page reproduces the text of EPA 1990 s. 162 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.