Waste and Emissions Trading Act 2003

32 Joint municipal waste management strategies: England E+W+S

(1) The waste authorities for a two-tier area must, at all times after the end of the period of 18 months beginning with the day on which this Act is passed, have for the area a joint strategy for the management of—

(a) waste from households, and

(b) other waste that, because of its nature or composition, is similar to waste from households.

(2) The waste authorities for a two-tier area must keep under review the policies formulated by them for the purposes of subsection (1).

(3) The waste authorities for a two-tier area must, before formulating policy for the purposes of subsection (1), carry out such consultation as they consider appropriate.

(4) The waste authorities for a two-tier area must set out in a statement any policy formulated by them for the purposes of subsection (1).

(5) The waste authorities for a two-tier area must—

(a) when formulating policy for the purposes of subsection (1), and

(b) when preparing a statement under subsection (4),

have regard to any guidance given by the Secretary of State.

(6) The waste authorities for a two-tier area in Greater London must, when formulating policy for the purposes of subsection (1), have regard to the Mayor of London’s municipal waste management strategy or, where that strategy has been revised, to that strategy as revised.

(7) Where the waste authorities for a two-tier area prepare a statement under subsection (4)—

(a) they must take such steps as in their opinion will give adequate publicity in the area to the statement;

(b) they must send a copy of the statement—

(i) to each of the Secretary of State and the Environment Agency, and

(ii) if the area is in Greater London, to the Mayor of London;

(c) each of the authorities must keep a copy of the statement available at all reasonable times at one of its offices for inspection by the public free of charge; and

(d) each of the authorities must supply a copy of the statement to any person who requests one, on payment by the person of such reasonable charge as the authority requires.

(8) Where subsection (1) is satisfied in relation to a two-tier area by policies set out in a statement prepared before the coming into force of that subsection—

(a) it does not matter that the policies were not formulated for the purposes of subsection (1), but

(b) subsection (2) shall apply as though the policies were formulated for the purposes of subsection (1).

(9) Subsection (3) may be satisfied by consultation before, as well as by consultation after, the coming into force of that subsection.

(10) The Secretary of State may by regulations make provision for subsection (1) to apply, in relation to a two-tier area specified or described in the regulations, with the substitution for “18 months” of some longer period.

(11) A statutory instrument that contains regulations under subsection (10) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(12) In section 353 of the Greater London Authority Act 1999 (c. 29) (Mayor’s duty to prepare municipal waste management strategy), after subsection (3) there is inserted—

“(3A) In revising the municipal waste management strategy the Mayor is to have regard to any strategies which authorities in Greater London have for the purposes of section 32 of the Waste and Emissions Trading Act 2003 (joint waste management strategies for areas where disposal authority is not also collection authority).”

Modifications etc. (not altering text)

C1 S. 32(1)-(7) applied (with modifications) (E.) (1.1.2005) by Joint Municipal Waste Management Strategies (Disapplication of Duties) (England) Regulations 2004 (S.I. 2004/3242), regs. 1(1), 4

C2 S. 32(1)-(7) restricted (E.) (1.1.2005) by Joint Municipal Waste Management Strategies (Disapplication of Duties) (England) Regulations 2004 (S.I. 2004/3242), regs. 1(1), 2, 3

C3 S. 32(1)-(7) restricted (E.) (20.2.2007) by The Joint Municipal Waste Management Strategies (Disapplication of Duties) (England) Regulations 2007 (S.I. 2007/63), regs. 1(1), 2, 3

C4 S. 32(1)-(7) applied (with modifications) (E.) (20.2.2007) by The Joint Municipal Waste Management Strategies (Disapplication of Duties) (England) Regulations 2007 (S.I. 2007/63), regs. 1(1), 4

Commencement Information

I1 S. 32 partly in force; s. 32(10)(11) in force at Royal Assent; s. 32(1)-(9) in force 13.1.2004 see s. 40(6)

I2 S. 32(12) in force at 1.1.2005 by S.I. 2004/3320, art. 2