The Local Government (Prohibition of Charges at Household Waste Recycling Centres) (England) Order 2015

Statutory Instruments

2015 No. 619

Local Government, England

The Local Government (Prohibition of Charges at Household Waste Recycling Centres) (England) Order 2015

Made

9th March 2015

Laid before Parliament

12th March 2015

Coming into force

6th April 2015

The Secretary of State makes the following Order in exercise of the powers conferred by sections 94 and 123(1) of the Local Government Act 2003(1):

Citation, commencement and application

1.—(1) This Order may be cited as the Local Government (Prohibition of Charges at Household Waste Recycling Centres) (England) Order 2015.

(2) This Order shall come into force on 6th April 2015.

(3) This Order applies in relation to relevant authorities in England.

Interpretation

2.  In this Order—

“the 2003 Act” means the Local Government Act 2003;

“household waste” has the same meaning as in section 75 of the Environmental Protection Act 1990(2) as read with regulation 3 of, and Schedule 1 to, the Controlled Waste (England and Wales) Regulations 2012(3);

“household waste recycling centre” means a place provided by a relevant authority where persons resident in its area may deposit their household waste; and

“relevant authority” has the meaning given in article 3.

Meaning of “relevant authority”

3.  In this Order “relevant authority” means—

(a) an authority established under section 10 of the Local Government Act 1985(4) (waste disposal authorities);

(b) an authority established for an area in England by an order under section 207 of the Local

(c) a county council;

(d) a district council;

(e) a London borough council;

(f) the Common Council of the City of London in its capacity as a local authority; and

(g) the Council of the Isles of Scilly.

Disapplication of section 93(1) of the Local Government Act 2003

4.  Section 93(1) of the 2003 Act(5) does not apply in relation to the provision by a relevant authority of a household waste recycling centre insofar as the provision relates to permitting persons resident in their area to —

(a) enter into, or exit from, a household waste recycling centre; or

(b) deposit household waste at a household waste recycling centre.

Transitional provision

5.—(1) The disapplication of section 93(1) of the 2003 Act contained in article 4 does not apply in the relevant circumstances until 1st April 2020.

(2) In paragraph (1) the relevant circumstances are that immediately before this Order came into force a relevant authority in exercise of the power in section 93(1) of the 2003 Act, charges persons resident in their area to—

(a) enter into, or exit from, a household waste recycling centre; or

(b) deposit household waste at a household waste recycling centre.

Signed by the authority of the Secretary of State for Communities and Local Government

Kris Hopkins

Parliamentary Under Secretary of State

Department for Communities and Local Government

9th March 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order disapplies section 93(1) of the Local Government Act 2003 (“the 2003 Act”) in connection with places provided by certain best value authorities for residents to deposit household waste (“a household waste recycling centre”). The best value authorities to which this Order applies are specified in article 4. Section 1 of the Local Government Act 1999 defines “best value authority”.

Section 93(1) of the 2003 Act enables best value authorities to charge for discretionary services. Discretionary services are those services that an authority has the power but not a duty to provide. The disapplication of section 93(1) will prevent the best value authorities from using the power given by that section for the purpose of charging their residents to deposit household waste at a household waste recycling centre. Such services provided by a best value authority would be a discretionary service and separate from any arrangements that waste disposal authorities have a duty to make for the provision of places for residents to deposit their household waste without charge, under section 51(1)(b) of the Environmental Protection Act 1990.

Article 5 provides that where immediately before this Order comes into force a relevant authority, in exercise of the power in section 93(1), charges persons resident in their area to enter to, or exit from a household waste recycling centre or to deposit household waste at such a centre the disapplication of that section does not apply until 1st April 2020.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

(1)

2003 c. 26. Section 94 was amended by the Local Government and Public Involvement in Health Act 2007 (c. 28), Schedule 7 paragraph 3(4)(a) to (c). The power under section 94 is exercisable in relation to Wales, by the Welsh Ministers; see the definition of “appropriate person” in section 124 of the Act, and paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32).

(2)

1990 c. 43. Section 75 was amended by the Environment Act 1995 (1995 c. 25), section 120(1), (3) Schedule 22, paragraphs 88 (1) to (4) and Schedule 24, SI 1994/1056, SI 2005/894, SI 2006/937, SI 2011/988. There is other amending legislation in relation to Scotland. Modified by S.I. 1994/1056, regulation 19, Schedule 4, Part I, paragraph 9, to include “Directive waste” as defined in regulation 1(3), Schedule 4, Part II of those Regulations.

(3)

S.I. 2012/ 811, as amended by S.I. 2012/2320.

(4)

1985 c. 51. Section 10 was amended by the Environmental Protection Act 1990 (c. 43), section 162 and Schedule 15, paragraph 26.

(5)

Section 93 was amended by the Local Government and Public Involvement in Health Act 2007 (2007 c.28), section 136(3), Schedule 7, paragraph 3(1), (3)(a); the Localism Act 2011 (2011 c. 20) sections 12(4), 14(2), 237, and Part 3 of Schedule 25. There is other amending legislation in relation to Wales.