F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The [F3provisions of the London Environment Strategy dealing with municipal waste management] —
(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.
F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(3A)In revising the [F6provisions of the London Environment Strategy dealing with municipal waste management] 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 [F7provisions of the London Environment Strategy dealing with municipal waste management] the Mayor shall have regard to—
[F8(a)the national waste management plan;]
[F9(aa)the strategy required by section 17 of the Waste and Emissions Trading Act 2003 (landfill strategy for England),] F10...
F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 353 heading substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 4(2); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F2S. 353(1) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 4(4), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F3Words in s. 353(2) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 4(3); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F4S. 353(3) repealed (1.1.2005) by Waste and Emissions Trading Act 2003 (c. 33), ss. 35(b), 40(1); S.I. 2004/3320, art. 2
F5S. 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
F6Words in s. 353(3A) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 4(3); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F7Words in s. 353(4) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 4(3); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F8S. 353(4)(a) substituted (E.W.) (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 5(2) (with regs. 2, 47(2))
F9S. 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
F10S. 353(4)(b) and word repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 4(4), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F11S. 353(5)-(7) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 4(4), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
(1)Where the Secretary of State considers that [F12the condition] specified in subsection (2) below is satisfied, he may give the Mayor a direction about the content of the [F13provisions of the London Environment Strategy dealing with municipal waste management].
(2)The conditions mentioned in subsection (1) above are—
F14(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)that a direction about the content of the [F15provisions of the London Environment Strategy dealing with municipal waste management] is required for the purposes of the implementation of the policies contained in the [F16national waste management plan] [F17 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
F12Words in s. 354(1) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 5(2)(a); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F13Words in s. 354(1) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 5(2)(b); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F14S. 354(2)(a) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 5(3)(a), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F15Words in s. 354(2)(b) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 5(3)(b); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F16Words in s. 354(2)(b) substituted (E.W.) (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 5(3) (with regs. 2, 47(2))
F17Words 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
F18[(1)]In exercising any function under Part II of the M1Environmental 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 [F19act in general conformity with] the [F20provisions of the London Environment Strategy dealing with municipal waste management].
[F21(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.]
[F22(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 [F23provisions of the London Environment Strategy dealing with municipal waste management], 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 [F24the public procurement regulations] [F24the M2Utilities Contracts Regulations 2006 ] 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 [F25provisions of the London Environment Strategy dealing with municipal waste management],
this section, and any guidance issued under it, are to have effect in relation to the awarding of that contract as if the revision F26... had not been made.]
[F27(8)In any case where—
(a)an authority is required to comply with the Public Contracts Regulations 2015 in the awarding of a waste contract,
(b)in compliance with those regulations the authority sends the contract notice relating to the awarding of that contract to the Publications Office of the European Union, and
(c)after the authority sends that notice, the Mayor revises the provisions of the London Environment Strategy dealing with municipal waste management,]
Textual Amendments
F18S. 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)
F19Words 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)
F20Words in s. 355(1) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 6(a); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F21S. 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)
F22S. 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)
F23Words in s. 355(3) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 6(a); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F24Words in s. 355(7)(a) substituted (E.W.N.I.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 3(2)
F25Words in s. 355(7)(c) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 6(a); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F26Words in s. 355(7) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 7, Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
F27S. 355(8) inserted (E.W.N.I.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 3(3)
Marginal Citations
M2 S.I. 2006/6, amended by S.I. 2008/2848, 2011/1043, 2053, 2012/1659, 2013/610; there are other amending instruments but none is relevant.
(1)Where the Mayor considers that it is necessary for the purposes of the implementation of the [F28provisions of the London Environment Strategy dealing with municipal waste management], 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 [F29the public procurement regulations] [F29the Utilities Contracts Regulations 2006] 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 [F30Official Journal of the European Union].
[F31(3A)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 Contracts Regulations 2015 in awarding that contract, and
(b)in compliance with those regulations the authority has sent the contract notice relating to the awarding of that contract to the Publications Office 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
F28Words in s. 356(1) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 6(b); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F29Words in s. 356(3)(a) substituted (E.W.N.I.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 4(2)
F30Words 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)
F31S. 356(3A) inserted (E.W.N.I.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 4(3)
(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 [F33provisions of the London Environment Strategy dealing with municipal waste management];
(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
F32Ss. 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
F33Words in s. 356A(5) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 6(c); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
(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
F32Ss. 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
(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 [F34provisions of the London Environment Strategy dealing with municipal waste management].
(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.
Textual Amendments
F34Words in s. 357(5) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 6(d); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
[F35(1)If, in the awarding of a waste contract, a waste authority in compliance with [F36the public procurement regulations] [F36the Utilities Contracts Regulations 2006] 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.
[F37(1ZA)If, in the awarding of a waste contract, a waste authority in compliance with the Public Contracts Regulations 2015 has decided—
(a)to send to the Publications Office of the European Union a prior 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 [F38that notice] [F38the notice in question] 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.]
[F39(1B)If, in the awarding of a waste contract, a waste authority in compliance with [F40the public procurement regulations] [F40the Utilities Contracts Regulations 2006] —
(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.
[F41(1BA)If, in the awarding of a waste contract, a waste authority in compliance with Public Contracts Regulations 2015—
(a)has decided not to send or publish a prior information notice, but
(b)decides to send to the Publications Office of the European Union a contract notice relating to the awarding of the contract, subsection (1C) below applies.]
(1C)The authority shall not send [F42the notice in question] 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 [F43the Utilities Contracts Regulations 2006 or the Public Contracts Regulations 2015], 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 [F44subsection (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 [F45provisions of the London Environment Strategy dealing with municipal waste management].
(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
F35S. 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)
F36Words in s. 358(1) substituted (E.W.N.I.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(2)
F37S. 358(1ZA) inserted (E.W.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(3)
F38Words in s. 358(1A) substituted (E.W.N.I.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(4)
F39S. 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)
F40Words in s. 358(1B) substituted (E.W.N.I.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(5)
F41S. 358(1BA) inserted (E.W.N.I.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(6)
F42Words in s. 358(1C) substituted (E.W.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(7)
F43Words in s. 358(2) substituted (E.W.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(8)
F44Words 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)
F45Words in s. 358(3) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 6(e); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
(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 [F46the Utilities Contracts Regulations 2006 or the Public Contracts Regulations 2015], 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)[F47, 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 M3Local 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
F46Words in s. 359(1)(c) substituted (E.W.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 6
F47Words 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
(1)This section applies for the purposes of sections 353 to 359 above.
(2)The following expressions have the meanings given below—
[F48“buyer profile” has the same meaning as in [F49the Utilities Contracts Regulations 2006 or the Public Contracts Regulations 2015],]
[F50“contract notice” has the same meaning as in regulation 49 of the Public Contracts Regulations 2015,]
“disposal”, in relation to waste, shall be construed in accordance with section 29(6) of the M4Environmental Protection Act 1990,
“municipal waste” means any waste in the possession or under the control of—
a body which, or a person who, is a waste collection authority in Greater London, or
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,
[F51“the national waste management plan” has the same meaning as in the Waste (England and Wales) Regulations 2011;]
[F50“prior information notice” has the same meaning as in regulation 48 of the Public Contracts Regulations 2015,]
F52...
F52...
“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 M5Environmental Protection Act 1990,
“waste” shall be construed in accordance with section 75 of that Act,
“waste authority” means—
a waste collection authority in Greater London, or
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.
[F53(3)“First information notice”, in relation to the awarding of a waste contract by a waste authority [F54in compliance with the Utilities Contracts Regulations 2006], means—
F55(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)F56..., a notice in respect of that contract sent to [F57the European Commission] in compliance with regulation 15.]
[F58(4)“Second information notice” in relation to the awarding of a waste contract by a waste authority [F59in compliance with the Utilities Contracts Regulations 2006], means—
F60(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)F61..., 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.]
F62(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F48Words 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)
F49Words in s. 360(2) substituted (E.W.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 7(2)(a)
F50Words in s. 360(2) inserted (E.W.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 7(2)(c)
F51Words in s. 360(2) inserted (E.W.) (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), reg. 1(2), Sch. 4 para. 5(4) (with regs. 2, 47(2))
F52Words in s. 360(2) omitted (E.W.) (26.2.2015) by virtue of The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 7(2)(b)
F53S. 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)
F54Words in s. 360(3) inserted (E.W.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 7(3)(a)
F55S. 360(3)(a) omitted (E.W.) (26.2.2015) by virtue of The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 7(3)(b)
F56Words in s. 360(3)(b) omitted (E.W.) (26.2.2015) by virtue of The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 7(3)(c)
F57Words 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)
F58S. 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)
F59Words in s. 360(4) inserted (E.W.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 7(4)(a)
F60S. 360(4)(a) omitted (E.W.) (26.2.2015) by virtue of The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 7(4)(b)
F61Words in s. 360(4) omitted (E.W.) (26.2.2015) by virtue of The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 7(4)(c)
F62S. 360(5) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(f) (with arts. 7, 9-11)
Marginal Citations
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Textual Amendments
F63S. 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