Short title, commencement and extent (EPA 1990 s. 164)
Short title, commencement (two months for listed sections, remainder by order), and extent (only certain provisions to NI; ss45A,45B,47A not to Scotland).
This Act may be cited as the Environmental Protection Act 1990. The following provisions of the Act shall come into force at the end of the period of two months beginning with the day on which it is passed, namely— sections 79 to 85; section 97; section 99; section 105 in so far as it relates to paragraphs 7, 13, 14 and 15 of Schedule 5; section 140; section 141; section 142; section 145; section 146; section 148; section 153; section 154; section 155; section 157; section 160; section 161; section 162(1) in so far as it relates to paragraphs 4, 5, 7, 8, 9, 18, 22, 24 and 31(4)(b) of Schedule 15; but, in the case of paragraph 22, in so far only as that paragraph inserts a paragraph (m) into section 7(4) of the Act of 1984; section 162(2) in so far as it relates to Part III of Schedule 16 and, in Part IX of that Schedule, the repeal of section 100 of the Control of Pollution Act 1974; section 162(5); section 163. The remainder of this Act (except this section) shall come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different provisions or different purposes. Only the following provisions of this Act (together with this section) extend to Northern Ireland, namely— section 3(5) to (8); section 62(2)(e) in so far as it relates to importation; Part V; . . ., section 127(2) in so far as it relates to the continental shelf; section 140 in so far as it relates to importation; section 141; section 142 in so far as it relates to importation; section 146; section 147; section 148; section 153 except subsection (1)(k) and (m); section 156 in so far as it relates to Part VI and sections 140, 141 and 142 in so far as they extend to Northern Ireland and in so far as it relates to the Radioactive Substances Act 1960; section 158 in so far as it relates to Part VI and sections 140, 141 and 142 in so far as they extend to Northern Ireland. Sections 45A, 45B and 47A do not extend to Scotland. Where any enactment amended or repealed by this Act extends to any part of the United Kingdom, the amendment or repeal extends to that part, subject, however, to any express provision in Schedule 15 or 16.
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 164 of the Environmental Protection Act 1990 gives the Act its short title and specifies when its provisions come into force. Certain sections (listed in the text) come into force automatically two months after the Act was passed. All other sections (except this one) come into force on dates appointed by the Secretary of State.
The section also limits the territorial extent of the Act. Only the provisions listed in the text extend to Northern Ireland; all others do not. Additionally, sections 45A, 45B and 47A do not extend to Scotland. Any amendments or repeals made by the Act extend to the same parts of the United Kingdom as the provisions they amend or repeal.
When it applies
- A local authority wants to know when section 79 (statutory nuisance) came into force.
- A waste company in Northern Ireland checks whether Part V (genetically modified organisms) applies there.
- A Scottish householder asks whether the duty to provide receptacles under section 45A applies in Scotland.
- A court needs to cite the Act correctly as the Environmental Protection Act 1990.
- An environmental regulator needs to know if the repeal of section 100 of the Control of Pollution Act 1974 is in force in Northern Ireland.
What this section does not say
- It does not set the actual pollution control standards or offences.
- It does not define statutory nuisance or provide any enforcement powers.
- It does not govern the content of the waste management regulations.
- It does not tell you when specific provisions come into force if they are not listed in the automatic commencement list (those are appointed by order, and the section does not list the appointed days).
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This page reproduces the text of EPA 1990 s. 164 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.