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Part IXU.K. Environmental functions

WasteE+W+S

358 Information about new waste contracts.E+W+S

[F1(1)If, in the awarding of a waste contract, a waste authority in compliance with [F2the public procurement regulations] [F2the Utilities Contracts Regulations 2006] is required—

(a)to send to the European Commission a first information notice relating to the awarding of the contract, or

(b)to publish such a notice on the authority's buyer profile,

subsection (1A) below applies.

[F3(1ZA)If, in the awarding of a waste contract, a waste authority in compliance with the Public Contracts Regulations 2015 has decided—

(a)to send to the Publications Office of the European Union a prior information notice relating to the awarding of the contract, or

(b)to publish such a notice on the authority's buyer profile, subsection (1A) below applies.]

(1A)The authority shall not send or publish [F4that notice] [F4the notice in question] unless—

(a)it has notified the Mayor that it proposes to send or publish such a notice, and

(b)a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.]

[F5(1B)If, in the awarding of a waste contract, a waste authority in compliance with [F6the public procurement regulations] [F6the Utilities Contracts Regulations 2006]

(a)is not required to send or publish a first information notice, but

(b)is required to send to the Official Journal of the European Union a second information notice relating to the awarding of the contract,

subsection (1C) below applies.

[F7(1BA)If, in the awarding of a waste contract, a waste authority in compliance with Public Contracts Regulations 2015—

(a)has decided not to send or publish a prior information notice, but

(b)decides to send to the Publications Office of the European Union a contract notice relating to the awarding of the contract, subsection (1C) below applies.]

(1C)The authority shall not send [F8the notice in question] unless—

(a)it has notified the Mayor that it proposes to send such a notice, and

(b)a period of at least 108 days beginning with the day on which the Mayor is so notified has elapsed.]

(2)If in the awarding of a waste contract a waste authority is not required to comply with [F9the Utilities Contracts Regulations 2006 or the Public Contracts Regulations 2015], the authority shall not enter into the contract unless—

(a)the authority has notified the Mayor that it proposes to enter into such a contract, and

(b)a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.

(3)Where the Mayor has been notified under [F10subsection (1A), (1C)] or (2) above he may direct the waste authority to provide him with such information about the contract as he may require for the purposes of deciding whether the contract would be detrimental to the implementation of the [F11provisions of the London Environment Strategy dealing with municipal waste management].

(4)Where the Mayor gives an authority a direction under subsection (3) above, the authority to whom the direction is given shall comply with the direction.

Textual Amendments

F1S. 358(1)(1A) substituted for s. 358(1) (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(2), 59(7); S.I. 2008/113, art. 2(h)

F2Words in s. 358(1) substituted (E.W.N.I.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(2)

F4Words in s. 358(1A) substituted (E.W.N.I.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(4)

F5S. 358(1B)(1C) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(3), 59(7); S.I. 2008/113, art. 2(h)

F6Words in s. 358(1B) substituted (E.W.N.I.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(5)

F8Words in s. 358(1C) substituted (E.W.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(7)

F9Words in s. 358(2) substituted (E.W.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(8)

F10Words in s. 358(3) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(4), 59(7); S.I. 2008/113, art. 2(h)

F11Words in s. 358(3) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 6(e); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)