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Part IXEnvironmental functions

Waste

360Interpretation of sections 353 to 359

(1)This section applies for the purposes of sections 353 to 359 above.

(2)The following expressions have the meanings given below—

(3)“First information notice”, in relation to the awarding of a waste contract by a waste authority, means—

(a)in a case where the authority is required in the awarding of that contract to comply with—

(i)the [S.I. 1991/2680.] Public Works Contracts Regulations 1991,

(ii)the [S.I. 1993/3228.] Public Services Contracts Regulations 1993, or

(iii)the [S.I. 1995/201.] Public Supply Contracts Regulations 1995,

a notice in respect of that contract sent to the Official Journal of the European Communities in compliance with regulation 9 of the relevant Regulations; or

(b)in a case where the authority is required in the awarding of that contract to comply with the [S.I. 1996/2911.] Utilities Contracts Regulations 1996, a notice in respect of that contract sent to the Official Journal of the European Communities in compliance with regulation 14.

(4)“Second information notice”, in relation to the awarding of a waste contract by a waste authority, means—

(a)in a case where the authority is required in the awarding of that contract to comply with—

(i)the Public Works Contracts Regulations 1991,

(ii)the Public Services Contracts Regulations 1993, or

(iii)the Public Supply Contracts Regulations 1995,

a notice in respect of that contract sent to the Official Journal of the European Communities in compliance with regulation 11, 12 or 13 of the relevant Regulations; or

(b)in a case where the authority is required in the awarding of that contract to comply with the Utilities Contracts Regulations 1996, a notice in respect of that contract sent to the Official Journal of the European Communities which in accordance with regulation 15(2)(b) satisfies the requirement of regulation 15(1) to make a call for competition.

(5)Until the date on which the municipal waste management strategy is first published under section 353(1) above, sections 356(1), 357(5) and 358(3) above have effect as if the references to the municipal waste management strategy were references to the policies contained in the strategy prepared by the Secretary of State in accordance with section 44A of the [1990 c. 43.] Environmental Protection Act 1990 (national waste strategy).