I2C1Part II Waste on Land

Annotations:
Commencement Information
I2

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)

Modifications etc. (not altering text)
C1

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

Collection, disposal or treatment of controlled waste

I153 Duties of authorities as respects disposal of waste collected: Scotland.

1

It shall be the duty of each waste disposal authority to arrange for the disposal of any waste collected by it, in its capacity as a waste collection authority, under section 45 above; and without prejudice to the authority’s powers apart from the following provisions of this subsection, the powers exercisable by the authority for the purpose of performing that duty shall include power—

a

to provide, within or outside its area, places at which to deposit waste before the authority transfers it to a place or plant or equipment provided under the following paragraph; and

b

to provide, within or outside its area, places at which to dispose of or recycle the waste and plant or equipment for processing, recycling or otherwise disposing of it.

2

Subsections (7) F1, (10) and (10A) of section 45 above shall have effect in relation to a waste disposal authority as if the reference in paragraph (a) of the said subsection (7) to the collection of waste included the disposal of waste under this section and the disposal of anything produced from waste belonging to the authority.

3

A waste disposal authority may permit another person to use facilities provided by the authority under the preceding provisions of this section and may provide for the use of another person any such facilities as the authority has power to provide under those provisions, and—

a

subject to the following paragraph, it shall be the duty of the authority to make a reasonable charge in respect of the use by another person of the facilities unless the authority considers it appropriate not to make a charge;

b

no charge shall be made under this section in respect of household waste; and

c

anything delivered to the authority by another person in the course of using the facilities shall belong to the authority and may be dealt with accordingly.

4

References to waste in subsection (1) above do not include matter removed from privies under section 45(5)(a) or (6) above, and it shall be the duty of a waste collection authority F2. . . by which matter is so removed—

a

to deliver the matter, in accordance with any directions of F3Scottish Water, at a place specified in the directions (which must be in or within a reasonable distance from the waste collection authority’s area), to F3Scottish Water or another person so specified;

b

to give to F3Scottish Water from time to time a notice stating the quantity of the matter which the waste collection authority expects to deliver to or as directed by F3Scottish Water under the preceding paragraph during a period specified in the notice.

5

Any question arising under paragraph (a) of the preceding subsection as to whether a place is within a reasonable distance from a waste collection authority’s area shall, in default of agreement between the waste collection authority and F3Scottish Water in question, be determined by a single arbiter appointed, in default of agreement between the parties concerned, by the Secretary of State on the application of any of the parties; and anything delivered to F4Scottish Water under that subsection shall belong to F3Scottish Water and may be dealt with accordingly.

5A

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

This section applies to Scotland only.