Greater London Authority Act 1999

Waste E+W+S

353 The Mayor’s municipal waste management strategy. E+W+S

(1) The Mayor shall prepare and publish a document to be known as the “municipal waste management strategy”.

(2) The municipal waste management strategy—

(a) shall contain the Mayor’s proposals and policies for the recovery, treatment and disposal of municipal waste, and

(b) may contain such other proposals and policies relating to municipal waste as he considers appropriate.

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 (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).]

(4) In preparing or revising the municipal waste management strategy the Mayor shall have regard to—

(a) the strategy prepared by the Secretary of State in accordance with section 44A of the M1 Environmental Protection Act 1990 (the national waste strategy),

[F3 (aa) the strategy required by section 17 of the Waste and Emissions Trading Act 2003 (landfill strategy for England),]and

(b) any guidance given to him by the Secretary of State for the purposes of the implementation of [F4 that strategy] [F4 those strategies (or either of them) ] and relating to the content of the municipal waste management strategy.

(5) In preparing or revising the municipal waste management strategy the Mayor shall consult—

(a) the Environment Agency,

(b) waste disposal authorities in Greater London,

(c) any waste disposal authority the area of which has a boundary which adjoins any part of the boundary of Greater London,

(d) local authorities in whose areas municipal waste is disposed of by waste disposal authorities in Greater London or is proposed in the strategy to be so disposed of, and

(e) any other body which is concerned with the minimisation, recovery, treatment or disposal of municipal waste and which the Mayor considers it appropriate to consult.

(6) Where the Mayor revises the municipal waste management strategy, he shall publish it as revised.

(7) In this Act, references to the municipal waste management strategy include, except where the context otherwise requires, a reference to the municipal waste management strategy as revised.

Textual Amendments

F1 S. 353(3) repealed (1.1.2005) by Waste and Emissions Trading Act 2003 (c. 33), ss. 35(b), 40(1); S.I. 2004/3320, art. 2

F2 S. 353(3A) inserted (1.1.2005) by Waste and Emissions Trading Act 2003 (c. 33), ss. 32(12), 40(1); S.I. 2004/3320, art. 2

F3 S. 353(4)(aa) inserted (E.W.) (20.7.2004) by Waste and Emissions Trading Act 2003 (c. 33), ss. 17(8)(a), 40(1); S.I. 2004/1874, art. 2

F4 Words in s. 353(4)(b) substituted (E.W.) (20.7.2004) by Waste and Emissions Trading Act 2003 (c. 33), ss. 17(8)(b), 40(1); S.I. 2004/1874, art. 2

Marginal Citations

M1 1990 c. 43.

354 Directions by the Secretary of State. E+W+S

(1) Where the Secretary of State considers that either of the conditions specified in subsection (2) below is satisfied, he may give the Mayor a direction about the content of the municipal waste management strategy.

(2) The conditions mentioned in subsection (1) above are—

(a) that the municipal waste management strategy or its implementation is likely to be detrimental to any area outside Greater London, or

(b) that a direction about the content of the municipal waste management strategy is required for the purposes of the implementation of the policies contained in the strategy prepared by the Secretary of State in accordance with section 44A of the M2 Environmental Protection Act 1990 (national waste strategy) [F5 or of the policies contained in the strategy required by section 17 of the Waste and Emissions Trading Act 2003 (landfill strategy for England) ] .

(3) The power of the Secretary of State to give a direction to the Mayor under subsection (1) above—

(a) may be exercised either generally or specially, and

(b) may only be exercised after consultation with the Mayor.

(4) Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall comply with the direction.

Textual Amendments

F5 Words in s. 354(2)(b) inserted (E.W.) (20.7.2004) by Waste and Emissions Trading Act 2003 (c. 33), ss. 17(9), 40(1); S.I. 2004/1874, art. 2

Marginal Citations

M2 1990 c. 43.

355 Duties of waste collection authorities etc. E+W+S

F6 [(1)] In exercising any function under Part II of the M3 Environmental Protection Act 1990 (waste on land)—

(a) each of the waste collection authorities in Greater London, and

(b) each of the waste disposal authorities in Greater London,

shall [F7 act in general conformity with] the municipal waste management strategy.

[F8 (2) Subsection (1) above has effect only to the extent that compliance by an authority with the requirements of that subsection does not impose excessive additional costs on the authority.]

[F9 (3) For the purposes of this section, the Secretary of State may issue guidance for determining what is to be regarded as—

(a) acting in general conformity with the municipal waste management strategy, or

(b) imposing excessive additional costs on an authority.

(4) In discharging the duties imposed upon it by subsection (1) above (as read with subsection (2) above), an authority must act in accordance with any guidance issued under subsection (3) above.

(5) Any guidance issued under subsection (3) above shall be published by the Secretary of State in such manner as he considers appropriate.

(6) Nothing in this section, or in any guidance issued under it, requires an authority—

(a) to terminate a waste contract before the expiry of the term of the contract, or

(b) to do anything which would result in a breach of any term of a waste contract.

(7) In any case where—

(a) an authority is required to comply with the public procurement regulations in the awarding of a waste contract,

(b) in compliance with those regulations the authority sends the second information notice relating to the awarding of that contract to the Official Journal of the European Union, and

(c) after the authority sends that notice, the Mayor revises the municipal waste management strategy,

this section, and any guidance issued under it, are to have effect in relation to the awarding of that contract as if the revision of the strategy had not been made.]

Textual Amendments

F6 S. 355 renumbered as s. 355(1) (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 37(2), 59(7) (with s. 37(6)); S.I. 2008/113, art. 2(g)

F7 Words in s. 355(1) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 37(3), 59(7) (with s. 37(6)); S.I. 2008/113, art. 2(g)

F8 S. 355(2) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 37(4), 59(7) (with s. 37(6)); S.I. 2008/113, art. 2(g)

F9 S. 355(3)-(7) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 37(5), 59(7) (with s. 37(6)); S.I. 2008/113, art. 2(g)

Marginal Citations

M3 1990 c. 43.

356 Directions by the Mayor. E+W+S

(1) Where the Mayor considers that it is necessary for the purposes of the implementation of the municipal waste management strategy, he may give to a waste collection authority in Greater London, or a waste disposal authority in Greater London, a direction requiring the authority to exercise a function in a manner specified in the direction.

(2) The Mayor may not give to an authority a direction under subsection (1) above requiring the authority—

(a) to terminate a waste contract before the expiry of the term of the contract; or

(b) to do anything which would result in a breach of any term of a waste contract.

(3) The Mayor may not give to an authority a direction under subsection (1) above requiring the authority to exercise a function in relation to the awarding of a waste contract if—

(a) the authority is required to comply with the public procurement regulations in awarding that contract, and

(b) in compliance with those regulations the authority has sent the second information notice relating to the awarding of that contract to the [F10 Official Journal of the European Union].

(4) The power of the Mayor to give a direction to an authority under subsection (1) above—

(a) may be exercised either generally or specially, and

(b) may only be exercised after consultation with the authority concerned.

(5) Where the Mayor gives an authority a direction under subsection (1) above, the authority to whom the direction is given shall comply with the direction.

Textual Amendments

F10 Words in s. 356(3) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(5), 59(7); S.I. 2008/113, art. 2(h)

[F11 356A London Waste and Recycling Board E+W

(1) There shall be a body known as the London Waste and Recycling Board (referred to in this section and section 356B as “the Board”).

(2) The objectives of the Board are to promote and encourage, so far as relating to Greater London,—

(a) the production of less waste;

(b) an increase in the proportion of waste that is re-used or recycled;

(c) the use of methods of collection, treatment and disposal of waste which are more beneficial to the environment.

(3) For the purpose of achieving its objectives, the Board may provide financial assistance to any person towards or for the purposes of—

(a) the provision of facilities for or in connection with the collection, treatment or disposal of waste produced in Greater London;

(b) conducting research into new technologies or techniques for the collection, treatment or disposal of waste;

(c) securing, or assisting in securing, the performance of any function of a London borough council or the Common Council relating to waste.

(4) For the purpose of achieving its objectives, the Board may provide advice on such matters as it thinks fit to any of the following—

(a) the Mayor;

(b) any London borough council;

(c) the Common Council;

(d) such other persons as the Board thinks fit.

(5) In carrying out its functions under this section, the Board must—

(a) act in accordance with the municipal waste management strategy;

(b) act in general conformity with the spatial development strategy so far as relating to the collection, treatment and disposal of waste.

(6) The Board may do anything that it thinks will facilitate, or is incidental or conducive to, the carrying out of its functions under subsections (2) to (4) above.

(7) The Board does not have the power to borrow money.

(8) The Secretary of State may issue to the Board guidance as to the exercise of its functions.

(9) The Board shall have regard to any guidance issued under subsection (8) above.

(10) Any reference in this section to the collection, treatment or disposal of waste includes a reference to the transport of waste for or in connection with that purpose.

Textual Amendments

F11 Ss. 356A, 356B inserted (23.10.2007 for specified purposes, 24.7.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 38(1), 59(4)(b); S.I. 2008/2037, art. 2

356B Supplemental provision concerning the Board E+W

(1) The Secretary of State may by order make provision as to—

(a) the constitution of the Board;

(b) the appointment of its members (who must not be fewer than 7 nor more than 13 in number);

(c) the payment of allowances and expenses to its members;

and such other matters in connection with its establishment and administration as the Secretary of State thinks fit.

(2) The Board shall not be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, privilege or immunity of the Crown,

and the property of the Board shall not be regarded as property of, or property held on behalf of, the Crown.

(3) The Secretary of State may make payments by way of grant to the Board towards expenditure incurred or to be incurred by it.

(4) The amount of any grant and the manner of its payment are to be such as the Secretary of State may determine.

(5) Any grant may be paid on such conditions as the Secretary of State may determine.

(6) Conditions under subsection (5) above may, in particular, include—

(a) provision as to the use of the grant;

(b) provision as to circumstances in which the whole or part of the grant must be repaid.]

Textual Amendments

F11 Ss. 356A, 356B inserted (23.10.2007 for specified purposes, 24.7.2008 in so far as not already in force) by Greater London Authority Act 2007 (c. 24), ss. 38(1), 59(4)(b); S.I. 2008/2037, art. 2

357 Information about existing waste contracts. E+W+S

(1) Where at the date on which this section comes into force a waste authority is a party to a waste contract, the authority shall, before the end of the period of 21 days beginning with the date on which this section comes into force, notify the Mayor of the date on which the term of the contract is due to expire.

(2) A waste authority which is a party to a waste contract shall—

(a) at least two years before the date on which the term of the contract is due to expire, but

(b) no earlier than three years before that date,

notify the Mayor of that date.

(3) Subsection (1) above is without prejudice to subsection (2) above.

(4) If at any time before the date on which the term of a waste contract is due to expire a waste authority which is a party to the contract—

(a) proposes to terminate or amend the contract, or

(b) receives notification from another party to the contract that the contract is or is proposed to be terminated or amended,

the authority shall as soon as reasonably practicable notify the Mayor.

(5) Where the Mayor has been notified by a waste authority under subsection (1), (2) or (4) above he may direct the authority to provide him with such information as he may require for the purposes of deciding whether—

(a) the arrangements which the authority is making to enter into a new contract,

(b) the terms upon which the authority is proposing to enter into a new contract, or

(c) the amendments or proposed amendments to the contract,

would be detrimental to the implementation of the municipal waste management strategy.

(6) Where the Mayor gives an authority a direction under subsection (5) above, the authority to whom the direction is given shall comply with the direction.

358 Information about new waste contracts. E+W+S

[F12 (1) If, in the awarding of a waste contract, a waste authority in compliance with the public procurement regulations is required—

(a) to send to the European Commission a first information notice relating to the awarding of the contract, or

(b) to publish such a notice on the authority's buyer profile,

subsection (1A) below applies.

(1A) The authority shall not send or publish that notice unless—

(a) it has notified the Mayor that it proposes to send or publish such a notice, and

(b) a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.]

[F13 (1B) If, in the awarding of a waste contract, a waste authority in compliance with the public procurement regulations—

(a) is not required to send or publish a first information notice, but

(b) is required to send to the Official Journal of the European Union a second information notice relating to the awarding of the contract,

subsection (1C) below applies.

(1C) The authority shall not send that notice unless—

(a) it has notified the Mayor that it proposes to send such a notice, and

(b) a period of at least 108 days beginning with the day on which the Mayor is so notified has elapsed.]

(2) If in the awarding of a waste contract a waste authority is not required to comply with the public procurement regulations, the authority shall not enter into the contract unless—

(a) the authority has notified the Mayor that it proposes to enter into such a contract, and

(b) a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.

(3) Where the Mayor has been notified under [F14 subsection (1A), (1C)] or (2) above he may direct the waste authority to provide him with such information about the contract as he may require for the purposes of deciding whether the contract would be detrimental to the implementation of the municipal waste management strategy.

(4) Where the Mayor gives an authority a direction under subsection (3) above, the authority to whom the direction is given shall comply with the direction.

Textual Amendments

F12 S. 358(1)(1A) substituted for s. 358(1) (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(2), 59(7); S.I. 2008/113, art. 2(h)

F13 S. 358(1B)(1C) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(3), 59(7); S.I. 2008/113, art. 2(h)

F14 Words in s. 358(3) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(4), 59(7); S.I. 2008/113, art. 2(h)

359 Confidential information about waste contracts. E+W+S

(1) Nothing in section 357 or 358 above shall require a waste authority to provide any information if—

(a) the information has been provided to the waste authority by another person,

(b) that person has imposed requirements as to the maintenance by the waste authority of confidentiality in respect of the information,

(c) the waste authority is, by virtue of the public procurement regulations, under a duty to comply with those requirements, and

(d) the provision of the information would be in breach of that duty.

(2) If at the time when information is provided by a waste authority to the Mayor under section 357 or 358 above the waste authority notifies the Mayor that, in the opinion of the authority, the information is confidential information or exempt information, the information shall not be disclosed—

(a) by the Mayor, except to a person appointed under section 67(1) or (2)[F15 , 72(1), 73(1) or 127A(1)] above, or

(b) by such a person, except to another such person.

(3) For the purposes of subsection (2) above—

• “confidential information” has the meaning given by section 100A(3) of the M4 Local Government Act 1972, but taking the reference to the council in paragraph (a) of that provision as a reference to the waste authority;

• “exempt information” shall be construed in accordance with section 100I of that Act, but taking references to a principal council in paragraph 1(2) of Schedule 12A to that Act (meaning of “the authority”) as references to a waste authority.

Textual Amendments

F15 Words in s. 359(2)(a) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 11(4), 59(7); S.I. 2008/113, art. 2(a)

Marginal Citations

M4 1972 c. 70.

360 Interpretation of sections 353 to 359. E+W+S

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

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

• [F16 “buyer profile” has the same meaning as in the public procurement regulations,]

• “disposal”, in relation to waste, shall be construed in accordance with section 29(6) of the M5 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,

• [F17 “the public procurement regulations” means any of the following—

  (a)

  the M6 Public Works Contracts Regulations 1991,

  (b)

  the M7 Public Services Contracts Regulations 1993,

  (c)

  the M8 Public Supply Contracts Regulations 1995, and

  (d)

  the M9 Utilities Contracts Regulations 1996,]

• [F17 “the public procurement regulations” means either the Public Contracts Regulations 2006 or the Utilities Contracts Regulations 2006,]

• “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 M10 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.

[F18 (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 the Public Contracts Regulations 2006, a notice in respect of that contract sent to [F19 the European Commission] in compliance with regulation 11: or

(b) in a case where the authority is required in the awarding of that contract to comply with the Utilities Contracts Regulations 2006, a notice in respect of that contract sent to [F20 the European Commission] in compliance with regulation 15.]

[F21 (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 the Public Contracts Regulations 2006, a notice in respect of that contract sent to the Official Journal of the European Union in compliance with regulation 15, 16, 17 or 18; or

(b) in a case where the authority is required in the awarding of that contract to comply with the Utilities Contracts Regulations 2006, a notice in respect of that contract sent to the Official Journal of the European Union which in accordance with regulation 16(2)(b) satisfies the requirement of regulation 16(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 M11 Environmental Protection Act 1990 (national waste strategy).

Textual Amendments

F16 Words in s. 360(2) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(7), 59(7); S.I. 2008/113, art. 2(h)

F17 Words in s. 360(2) substituted (E.W.) (31.1.2006) by The Public Contracts Regulations 2006 (S.I. 2006/5), reg. 1(1), Sch. 7 para. 1(2) (with reg. 49)

F18 S. 360(3) substituted (E.W.) (31.1.2006) by The Public Contracts Regulations 2006 (S.I. 2006/5), reg. 1(1), Sch. 7 para. 1(3) (with reg. 49)

F19 Words in s. 360(3)(a) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(8), 59(7); S.I. 2008/113, art. 2(h)

F20 Words in s. 360(3)(b) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(8), 59(7); S.I. 2008/113, art. 2(h)

F21 S. 360(4) substituted (E.W.) (31.1.2006) by The Public Contracts Regulations 2006 (S.I. 2006/5), reg. 1(1), Sch. 7 para. 1(4) (with reg. 49)

Marginal Citations

M5 1990 c. 43.

M6 S.I. 1991/2680.

M7 S.I. 1993/3228.

M8 S.I. 1995/201.

M9 S.I. 1996/2911.

M10 1990 c. 43.

M11 1990 c. 43.

F22 361 Waste recycling plans. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 S. 361 repealed (1.1.2005) by Waste and Emissions Trading Act 2003 (c. 33), ss. 35(b), 40(1); S.I. 2004/3320, art. 2