The Local Government (Prohibition of Charges at Household Waste Recycling Centres) (England) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order disapplies section 93(1) of the Local Government Act 2003 (“the 2003 Act”) in connection with places provided by certain best value authorities for residents to deposit household waste (“a household waste recycling centre”). The best value authorities to which this Order applies are specified in article 4. Section 1 of the Local Government Act 1999 defines “best value authority”.

Section 93(1) of the 2003 Act enables best value authorities to charge for discretionary services. Discretionary services are those services that an authority has the power but not a duty to provide. The disapplication of section 93(1) will prevent the best value authorities from using the power given by that section for the purpose of charging their residents to deposit household waste at a household waste recycling centre. Such services provided by a best value authority would be a discretionary service and separate from any arrangements that waste disposal authorities have a duty to make for the provision of places for residents to deposit their household waste without charge, under section 51(1)(b) of the Environmental Protection Act 1990.

Article 5 provides that where immediately before this Order comes into force a relevant authority, in exercise of the power in section 93(1), charges persons resident in their area to enter to, or exit from a household waste recycling centre or to deposit household waste at such a centre the disapplication of that section does not apply until 1st April 2020.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.