Greater London Authority Act 2007

Waste E+W

37 Duties of waste collection authorities etc E+W

(1) Section 355 of the GLA Act 1999 (duty of waste collection or disposal authorities in Greater London to have regard to the municipal waste management strategy in exercising functions under Part 2 of the Environmental Protection Act 1990) is amended as follows.

(2) At the beginning insert “ (1) ”.

(3) For “have regard to” substitute “ act in general conformity with ”.

(4) At the end insert—

“(2) Subsection (1) above has effect only to the extent that compliance by an authority with the requirements of that subsection does not impose excessive additional costs on the authority.”.

(5) After subsection (2) insert—

“(3) For the purposes of this section, the Secretary of State may issue guidance for determining what is to be regarded as—

(a) acting in general conformity with the municipal waste management strategy, or

(b) imposing excessive additional costs on an authority.

(4) In discharging the duties imposed upon it by subsection (1) above (as read with subsection (2) above), an authority must act in accordance with any guidance issued under subsection (3) above.

(5) Any guidance issued under subsection (3) above shall be published by the Secretary of State in such manner as he considers appropriate.

(6) Nothing in this section, or in any guidance issued under it, requires an authority—

(a) to terminate a waste contract before the expiry of the term of the contract, or

(b) to do anything which would result in a breach of any term of a waste contract.

(7) In any case where—

(a) an authority is required to comply with the public procurement regulations in the awarding of a waste contract,

(b) in compliance with those regulations the authority sends the second information notice relating to the awarding of that contract to the Official Journal of the European Union, and

(c) after the authority sends that notice, the Mayor revises the municipal waste management strategy,

this section, and any guidance issued under it, are to have effect in relation to the awarding of that contract as if the revision of the strategy had not been made.”.

(6) An authority is not required by virtue of any of the amendments made by this section to exercise a function in relation to the awarding of a waste contract if—

(a) the authority is required to comply with the public procurement regulations in awarding the contract, and

(b) before subsection (3) comes into force, the authority in compliance with those regulations has sent the second information notice relating to the awarding of that contract to the Official Journal of the European Union.

Commencement Information

I1 S. 37 in force at 21.1.2008 by S.I. 2008/113, art. 2(g)

38 London Waste and Recycling Board E+W

(1) After section 356 of the GLA Act 1999 (directions by the Mayor) insert—

“356A London Waste and Recycling Board

(1) There shall be a body known as the London Waste and Recycling Board (referred to in this section and section 356B as “the Board”).

(2) The objectives of the Board are to promote and encourage, so far as relating to Greater London,—

(a) the production of less waste;

(b) an increase in the proportion of waste that is re-used or recycled;

(c) the use of methods of collection, treatment and disposal of waste which are more beneficial to the environment.

(3) For the purpose of achieving its objectives, the Board may provide financial assistance to any person towards or for the purposes of—

(a) the provision of facilities for or in connection with the collection, treatment or disposal of waste produced in Greater London;

(b) conducting research into new technologies or techniques for the collection, treatment or disposal of waste;

(c) securing, or assisting in securing, the performance of any function of a London borough council or the Common Council relating to waste.

(4) For the purpose of achieving its objectives, the Board may provide advice on such matters as it thinks fit to any of the following—

(a) the Mayor;

(b) any London borough council;

(c) the Common Council;

(d) such other persons as the Board thinks fit.

(5) In carrying out its functions under this section, the Board must—

(a) act in accordance with the municipal waste management strategy;

(b) act in general conformity with the spatial development strategy so far as relating to the collection, treatment and disposal of waste.

(6) The Board may do anything that it thinks will facilitate, or is incidental or conducive to, the carrying out of its functions under subsections (2) to (4) above.

(7) The Board does not have the power to borrow money.

(8) The Secretary of State may issue to the Board guidance as to the exercise of its functions.

(9) The Board shall have regard to any guidance issued under subsection (8) above.

(10) Any reference in this section to the collection, treatment or disposal of waste includes a reference to the transport of waste for or in connection with that purpose.

356B Supplemental provision concerning the Board

(1) The Secretary of State may by order make provision as to—

(a) the constitution of the Board;

(b) the appointment of its members (who must not be fewer than 7 nor more than 13 in number);

(c) the payment of allowances and expenses to its members;

and such other matters in connection with its establishment and administration as the Secretary of State thinks fit.

(2) The Board shall not be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, privilege or immunity of the Crown,

and the property of the Board shall not be regarded as property of, or property held on behalf of, the Crown.

(3) The Secretary of State may make payments by way of grant to the Board towards expenditure incurred or to be incurred by it.

(4) The amount of any grant and the manner of its payment are to be such as the Secretary of State may determine.

(5) Any grant may be paid on such conditions as the Secretary of State may determine.

(6) Conditions under subsection (5) above may, in particular, include—

(a) provision as to the use of the grant;

(b) provision as to circumstances in which the whole or part of the grant must be repaid.”.

(2) In section 420(3) of that Act (orders subject to affirmative procedure)—

(a) after “an order under” insert “ any of the following provisions ”;

(b) for the word “or” at the end of paragraph (c) substitute—

“(cc) section 356B(1) above,”.

Commencement Information

I2 S. 38 in force at 24.7.2008 by S.I. 2008/2037, art. 2

39 Information about waste contracts E+W

(1) Section 358 of the GLA Act 1999 (information about new waste contracts) is amended as follows.

(2) For subsection (1) substitute—

“(1) If, in the awarding of a waste contract, a waste authority in compliance with the public procurement regulations 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.

(1A) The authority shall not send or publish that notice 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.”.

(3) After subsection (1A) insert—

“(1B) If, in the awarding of a waste contract, a waste authority in compliance with the public procurement regulations—

(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.

(1C) The authority shall not send that notice 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.”.

(4) In subsection (3) for “subsection (1)” substitute “ subsection (1A), (1C) ”.

F1 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Section 360 of that Act (interpretation) is amended as follows.

(7) In subsection (2) insert at the appropriate place—

““buyer profile” has the same meaning as in the public procurement regulations,”.

F2 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 39(5) repealed (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 3 Pt. 1 (with reg. 5)

F2 S. 39(8) repealed (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 3 Pt. 1 (with reg. 5)

Commencement Information

I3 S. 39 in force at 21.1.2008 by S.I. 2008/113, art. 2(h)