Local Government and Public Involvement in Health Act 2007

Valid from 01/04/2008

Part 11 E+W Joint Waste Authorities

205 Proposals for joint waste authorities in England E+W

(1) A proposal under this section is a proposal to the Secretary of State that an authority be established for a specified area in England to discharge in that area the waste functions specified in the proposal.

(2) A proposal under this section may be made by (and only by) all the local authorities that are local waste authorities in relation to the area specified in the proposal.

(3) A local authority is a “local waste authority” in relation to the specified area if—

(a) its area forms the whole or part of the specified area; and

(b) it currently has one or more of the specified waste functions.

(4) A proposal under this section may not be made if there is a local authority for the whole of the specified area which currently has all of the specified waste functions.

(5) The Secretary of State may by regulations make provision as to—

(a) matters to be included in a proposal under this section;

(b) information that must accompany a proposal.

(6) Regulations under subsection (5)(a) may in particular provide that a proposal under this section must include proposals—

(a) as to the number of members of the proposed authority (as to membership, see section 208);

(b) as to the number of members to be appointed by each local authority making the proposal;

(c) as to the procedure for appointing a chairman and a vice-chairman;

(d) for the costs of the proposed authority to be met by the local authorities making the proposal, and as to the basis on which the amount payable by each of the local authorities is to be determined.

(7) In making a proposal under this section the local authorities must have regard to any guidance from the Secretary of State as to—

(a) what a proposal should seek to achieve;

(b) matters that should be taken into account in formulating a proposal.

(8) In this section—

• “specified” means specified in the proposal;

• “waste function” means a function conferred on a local authority by or under—

  (a)

  Part 2 of the Environmental Protection Act 1990 (c. 43) (waste on land);

  (b)

  Part 4 of that Act (litter etc);

  (c)

  section 32 of the Waste and Emissions Trading Act 2003 (c. 33) (joint municipal waste management strategies: England).

(9) In this Part “local authority” means—

(a) a county council;

(b) a district council;

(c) a London borough council;

(d) the Common Council of the City of London;

(e) the sub-treasurer of the Inner Temple;

(f) the under treasurer of the Middle Temple;

(g) an authority established under section 10 of the Local Government Act 1985 (c. 51) (joint arrangements for waste disposal functions); or

(h) a joint waste authority established under section 207.

206 Consultation E+W

(1) A proposal may not be made by any local authorities under section 205 unless—

(a) the local authorities prepared a draft of the proposal; and

(b) each local authority took reasonable steps to consult the following about the draft—

(i) the relevant electors;

(ii) any interested person in the authority's area.

(2) A person is a “relevant elector”—

(a) in relation to a county council, district council or London borough council, if he is a local government elector for the council's area;

(b) in relation to the Common Council of the City of London, if his name appears in a ward list published under section 7 of the City of London (Various Powers) Act 1957 (5 & 6 Eliz 2 c x);

(c) in relation to the sub-treasurer of the Inner Temple or the under treasurer of the Middle Temple, if his name appears in the ward list published with respect to the ward of Farrington Without in the City under section 7 of the City of London (Various Powers) Act 1957;

(d) in relation to an authority established under section 10 of the Local Government Act 1985 (joint arrangements for waste disposal functions), if he is a relevant elector in relation to any local authority whose area forms part of the area for which the authority was established;

(e) in relation to a joint waste authority established under section 207, if he is a relevant elector in relation to any local authority whose area forms the whole or part of the area for which the joint waste authority was established.

(3) In this section, “local government elector” means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts.

207 Implementation of proposals by order E+W

(1) Where the Secretary of State receives a proposal under section 205 he may by order implement the proposal with or without modifications.

(2) An authority established by an order under subsection (1) is referred to in this Part as a “joint waste authority”.

(3) An order under subsection (1) may make provision enabling the Secretary of State to require the authority established by the order to submit to him a scheme for—

(a) the winding-up of the authority; and

(b) the transfer of its functions, property, staff, rights and liabilities to appropriate local authorities.

(4) The Secretary of State may by order provide for giving effect (with or without modification) to any scheme submitted to him under a provision made by virtue of subsection (3) and for the dissolution of the authority.

(5) The Secretary of State may exercise his powers under subsection (4) only where—

(a) he receives a request to do so from all the appropriate local authorities; or

(b) he considers that it is necessary to do so.

(6) The Secretary of State may by order exclude any functions from those for which a joint waste authority was established.

(7) An order under this section may include incidental, consequential, transitional or supplementary provision.

(8) The provision that may be made by virtue of subsection (7) includes in particular provision—

(a) for the transfer of property, rights or liabilities;

(b) for legal proceedings commenced by or against any authority to be continued by or against an authority to whom property, rights or liabilities are transferred;

(c) for the transfer of staff, compensation for loss of office, pensions and other staffing matters;

(d) for treating any authority to whom a transfer is made for any purposes as the same person in law as the authority from whom the transfer is made.

(9) The provision that may be made by virtue of subsection (7) includes provision amending, modifying, excluding or applying (with or without modifications) any enactment or any instrument made under any enactment.

(10) The power of the Secretary of State under subsection (1) to implement a proposal with modifications does not include power to—

(a) establish a joint waste authority for an area that is different from the area specified in the proposal; or

(b) establish a joint waste authority to discharge waste functions that are not specified in the proposal.

(11) In this section—

• “appropriate local authority”, in relation to a joint waste authority, means a local authority which would, but for the establishment of the joint waste authority, have one or more of the functions that the joint waste authority has;

• “waste function” has the same meaning as in section 205.

208 Membership of joint waste authorities E+W

A person may be a member of a joint waste authority only if he is—

(a) a member of a local authority which would, but for the establishment of the joint waste authority, have one or more of the functions that the joint waste authority has;

(b) the sub-treasurer of the Inner Temple or the under treasurer of the Middle Temple in a case where the sub-treasurer or the under treasurer would, but for the establishment of the joint waste authority, have one or more of the functions that the joint waste authority has.

209 Consequential amendments E+W

(1) In section 24 of the Waste and Emissions Trading Act 2003 (c. 33) (waste sent to landfills: definitions)—

(a) in subsection (5), for the words “In this Chapter” substitute “ Subject to subsection (6), in this Chapter ”;

(b) after subsection (5) insert—

“(6) For the purposes of this Chapter, a joint waste authority for an area in England that has the function of disposing of biodegradable municipal waste is the waste disposal authority for that area.

(7) In subsection (6) a “joint waste authority” means an authority established by an order under section 207 of the Local Government and Public Involvement in Health Act 2007.”

(2) Schedule 13 (other consequential amendments) has effect.

210 Joint waste authorities in Wales E+W

(1) The Welsh Ministers may by order make provision in relation to Wales applying any provisions of sections 205 to 208 with—

(a) the substitution for references to the Secretary of State of references to the Welsh Ministers; and

(b) such other modifications as they consider appropriate.

(2) An order under this section may include incidental, consequential or supplementary provision, including provision amending or modifying—

(a) any enactment;

(b) any instrument made under an enactment.

(3) The reference in subsection (1) to any provisions of sections 205 to 208 includes a reference to any provisions of Part 17 so far as relating to any of those sections.

211 Interpretation E+W

In this Part—

• “joint waste authority” has the meaning given by section 207(2);

• “local authority” has the meaning given by section 205(9).