Disapplication of duties2.

A duty under section 32(1) to (7) of the Waste and Emissions Trading Act 2003 shall not apply to—

(a)

a waste disposal authority or a waste collection authority to which the Secretary of State has given notice in writing that it has been categorised as excellent or 4 stars in an order made under section 99(4) of the Local Government Act 20032 (categorisation of English local authorities by reference to performance);

(b)

a waste disposal authority to which the Secretary of State has given notice in writing that it has—

(i)

met the performance standards for waste authorities specified for it for the most recent financial year for which standards were set by an order under section 4(1) of the Local Government Act 19993 (performance indicators and standards); and

F1(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

a waste collection authority to which the Secretary of State has given notice in writing that it has met the performance standards for waste authorities specified for it for the most recent financial year for which standards were set by an order made under section 4(1) of the Local Government Act 1999;

(d)

the waste authorities for a two-tier area to which the Secretary of State has given notice in writing that he is satisfied that the following conditions are met—

(i)

the waste disposal authority complies with paragraph (b);

(ii)

half or more of the waste collection authorities for the area comply with paragraph (c); and

(iii)

all the other waste collection authorities for the area have made a joint application in writing to the Secretary of State for the disapplication of that duty; and

(e)

the waste authorities for a two-tier area to which the Secretary of State has given notice in writing that he is satisfied that the following conditions are met—

(i)

the waste disposal authority complies with paragraph (b); and

(ii)

all the waste authorities for the area have made a joint application in writing to the Secretary of State for the disapplication of that duty.