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—
“disposal”, in relation to waste, shall be construed in accordance with section 29(6) of the [1990 c. 43.] Environmental Protection Act 1990,
“municipal waste” means any waste in the possession or under the control of—
(a)a body which, or a person who, is a waste collection authority in Greater London, or
(b)a body which is a waste disposal authority in Greater London,
whether or not the waste is in the possession or under the control of the body or person under or by virtue of that Act,
“the public procurement regulations” means any of the following—
(a)the [S.I. 1991/2680.] Public Works Contracts Regulations 1991,
(b)the [S.I. 1993/3228.] Public Services Contracts Regulations 1993,
(c)the [S.I. 1995/201.] Public Supply Contracts Regulations 1995, and
(d)the [S.I. 1996/2911.] Utilities Contracts Regulations 1996,
“recovery”, in relation to waste, includes the recovery of materials from waste and the recovery of energy from waste,
“treatment”, in relation to waste, shall be construed in accordance with section 29(6) of the [1990 c. 43.] Environmental Protection Act 1990,
“waste” shall be construed in accordance with section 75 of that Act,
“waste authority” means—
(a)a waste collection authority in Greater London, or
(b)a waste disposal authority in Greater London,
“waste collection authority in Greater London” shall be construed in accordance with section 30(3)(b) of that Act,
“waste contract” means a contract which includes or is to include provision relating to municipal waste and is made or to be made by a waste authority in the performance of its functions under Part II of that Act (waste on land), and
“waste disposal authority in Greater London” shall be construed in accordance with section 30(2)(b) of that Act.
(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).