I1C1Part II Waste on Land
Pt. II (ss. 29-78) amended: (1.4.1992) by S.I. 1992/588, reg. 8; (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 9 (as amended (E.W.) (15.5.3006) by S.I. 2006/937, reg. 6(10)(a))
Pt. II (ss. 29-78) modified: (1.2.1996) by 1995 c. 25, s. 5(5)(e) (with ss. 7(6), 115, 117) and S.I. 1996/186, art.2; (1.4.1996) by 1995 c. 25, s. 33(5)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Pt. II (ss. 29-78): certain functions transferred on transfer date (1.4.1996) by 1995 c. 25, ss. 2(1)(b)(ii), 21(1)(b)(ii), 56(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3, S.I. 1995/2649, art. 2 and S.I. 1995/1983, art. 2 (by which respectively s. 56 is in force from 28.7.1995, s. 21 is in force from 12.10.1995 and s. 2 is in force from 1.4.1996); S.I. 1996/136, art. 2; S.I. 1996/234), art. 2 (specifying transfer date)
Pt. II (ss. 29-78) extended (1.4.1996) by 1995 c. 25, s. 120(2), Sch. 23 para. 13 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Preliminary
I230 Authorities for purposes of this Part.
1
For the purposes of this Part the following authorities are, subject to section 31 below, waste regulation authorities, namely—
a
for any non-metropolitan county in England, the county council;
b
for Greater London, the authority constituted as the London Waste Regulation Authority;
c
for the metropolitan county of Greater Manchester, the authority constituted as the Greater Manchester Waste Disposal Authority;
d
for the metropolitan county of Merseyside, the authority constituted as the Merseyside Waste Disposal Authority;
e
for any district in any other metropolitan county in England, the council of the district;
f
for any district in Wales, the council of the district;
g
in Scotland, an islands or district council;
and the authorities mentioned in paragraph (c) and (d) above shall for the purposes of their functions as waste regulation authorities be known as the Greater Manchester Waste Regulation Authority and the Merseyside Waste Regulation Authority respectively.
2
For the purposes of this Part the following authorities are waste disposal authorities, namely—
a
for any non-metropolitan county in England, the county council;
b
in Greater London, the following—
i
for the area of a London waste disposal authority, the authority constituted as the waste disposal authority for that area;
ii
for the City of London, the Common Council;
iii
for any other London borough, the council of the borough;
c
in the metropolitan county of Greater Manchester, the following—
i
for the metropolitan district of Wigan, the district council;
ii
for all other areas in the county, the authority constituted as the Greater Manchester Waste Disposal Authority;
d
for the metropolitan county of Merseyside, the authority constituted as the Merseyside Waste Disposal Authority;
e
for any district in any other metropolitan county in England, the council of the district;
f
for any district in Wales, the council of the district;
g
in Scotland, an islands or district council.
3
For the purposes of this Part the following authorities are waste collection authorities—
a
for any district in England and Wales not within Greater London, the council of the district;
b
in Greater London, the following—
i
for any London borough, the council of the borough;
ii
for the City of London, the Common Council;
iii
for the Temples, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple respectively;
c
in Scotland, an islands or district council.
4
In this section references to particular authorities having been constituted as waste disposal or regulation authorities are references to their having been so constituted by the M1Waste Regulation and Disposal (Authorities) Order 1985 made by the Secretary of State under section 10 of the M2Local Government Act 1985 and the reference to London waste disposal authorities is a reference to the authorities named in Parts I, II, III, IV and V of Schedule 1 to that Order and this section has effect subject to any order made under the said section 10 establishing authorities to discharge any functions to which that section applies.
5
In this Part “waste disposal contractor” means a person who in the course of a business collects, keeps, treats or disposes of waste, being either—
a
a company formed for all or any of those purposes by a waste disposal authority whether in pursuance of section 32 below or otherwise; or
b
either a company formed for all or any of those purposes by other persons or a partnership or an individual;
and “company” has the same meaning as in the M3Companies Act 1985 and “formed”, in relation to a company formed by other persons, includes the alteration of the objects of the company.
6
In this Part, in its application to Scotland, “river purification authority” means a river purification authority within the meaning of the M4Rivers (Prevention of Pollution) (Scotland) Act 1951.
7
It shall be the duty of each authority which is both a waste regulation authority and a waste disposal authority—
a
to make administrative arrangements for keeping its functions as a waste regulation authority separate from its functions as a waste disposal authority; and
b
to submit details of the arrangements which it has made to the Secretary of State.
8
The Secretary of State may give to an authority to which subsection (7) above applies directions as to the arrangements which it is to make for the purpose of keeping its functions as a waste regulation authority separate from its functions as a waste disposal authority; and it shall be the duty of the authority to give effect to the directions.
Pt. II partly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2
Pt. II partly in force at 13.12.1991 and for certain purposes at 01.04.1992 by S.I.1991/2829, arts. 2, 4.
Pt. II: power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)