The Joint Municipal Waste Management Strategies (Disapplication of Duties) (England) Regulations 2004

Disapplication of duties

2.  A duty under section 32(1) to (7) of the Waste and Emissions Trading Act 2003 shall not apply to—

(a) a waste disposal authority or a waste collection authority to which the Secretary of State has given notice in writing that it has been categorised as excellent in an order made under section 99(4) of the Local Government Act 2003(1) (categorisation of English local authorities by reference to performance);

(b) a waste disposal authority to which the Secretary of State has given notice in writing that it has–

(i) met the performance standards for waste authorities specified for it for the most recent financial year for which standards were set by an order under section 4(1) of the Local Government Act 1999(2) (performance indicators and standards); and

(ii) from 1st April 2006, complied in the preceding financial year with the duty not to exceed the landfill allowances imposed on it by section 9(1) of the Waste and Emissions Trading Act 2003;

(c) a waste collection authority to which the Secretary of State has given notice in writing that it has met the performance standards for waste authorities specified for it for the most recent financial year for which standards were set by an order made under section 4(1) of the Local Government Act 1999;

(d) the waste authorities for a two-tier area to which the Secretary of State has given notice in writing that she is satisfied that the following conditions are met–

(i) the waste disposal authority complies with sub-paragraph (b);

(ii) half or more of the waste collection authorities for the area comply with sub-paragraph (c); and

(iii) all the other waste collection authorities for the area have made a joint application in writing to the Secretary of State for the disapplication of that duty; and

(e) the waste authorities for a two-tier area to which the Secretary of State has given notice in writing that she is satisfied that the following conditions are met–

(i) the waste disposal authority complies with sub-paragraph (b); and

(ii) all the waste authorities for the area have made a joint application in writing to the Secretary of State for the disapplication of that duty.

(1)

2003 c. 26. By reason of section 33(4) of the Waste and Emissions Trading Act 2003, conditions may be specified under section 33(1)(a) of that Act that may be met only in the case of authorities that from time to time are, by reason of provision made under an enactment, of a particular category.

(2)

1999 c. 27.