The Local Authorities (Prohibition of Charging Residents to Deposit Household Waste) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order prohibits local authorities in England from using the general power of competence in section 1 of the Localism Act 2011 (“the 2011 Act”) for the purpose of charging residents to deposit their household waste at a place which has been provided for such residents to deposit household waste (a household waste recycling centre). Section 8 of the 2011 Act defines “local authority” and “the general power”. The Order also prohibits such authorities from using the general power to charge persons to enter into or exit from a household waste recycling centre.

Section 1 of the 2011 Act provides a general power for certain local authorities in England, giving them the same power to act that an individual generally has. Section 5(3) of the 2011 Act gives the Secretary of State the power to make an order restricting what a local authority may do under the general power.

Article 4 provides that where immediately before this Order comes into force a local authority, in exercise of the general power, 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 prohibition against them using the general power to make such charges does not apply until 1st April 2020.

This Order does not impact upon the arrangements that waste disposal authorities have a duty to make for the provision of places in order for residents to deposit their household waste without charge, under section 51(1)(b) of the Environmental Protection Act 1990.

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