Greater London Authority Act 1999

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

F1 [(1)] In exercising any function under Part II of the M1 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 [F2 act in general conformity with] the [F3 provisions of the London Environment Strategy dealing with municipal waste management].

[F4 (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.]

[F5 (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 [F6 provisions 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.

F7 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F8 (8) In any case where—

(a) an authority is required to comply with the [F9 Public Procurement Regulations] in the awarding of a waste contract,

(b) in compliance with those regulations the authority sends the contract notice [F10 or the concession notice (as the case may require)] 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

F1 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)

F2 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)

F3 Words 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)

F4 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)

F5 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)

F6 Words 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)

F7 S. 355(7) omitted (18.4.2016) by virtue of The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 2(2) (with reg. 5)

F8 S. 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)

F9 Words in s. 355(8)(a) substituted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 2(3)(a) (with reg. 5)

F10 Words in s. 355(8)(b) inserted (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 2(3)(b) (with reg. 5)

Marginal Citations

M1 1990 c. 43.