Office of Public Sector Information

33 Power to disapply duties under section 32

(1) The Secretary of State may by regulations make provision for a duty under section 32(1) to (7)—

(a) not to apply to an authority if conditions specified in the regulations are met;

(b) not to apply to an authority if, on an application made in accordance with the regulations, the Secretary of State is satisfied that conditions specified in the regulations are met;

(c) not to apply to the waste authorities for a two-tier area if, by reason of provision under paragraphs (a) and (b), it applies to one or more, but not all, of them;

(d) not to apply to the waste authorities for a two-tier area if, on an application made in accordance with the regulations, the Secretary of State is satisfied that conditions specified in the regulations are met.

(2) The power under paragraph (a) or (b) of subsection (1) must be exercised so that provision under that paragraph will cause a duty under section 32(1) to (7) not to apply to an authority only if—

(a) the standard of the authority’s performance in carrying out functions of its has been at, or above, a particular level, and

(b) that level is—

(i) the level that, in the Secretary of State’s opinion, counts as satisfactory performance, or

(ii) a level that, in his opinion, is higher than that level.

(3) The power under paragraph (d) of subsection (1) must be exercised so that provision under that paragraph will cause a duty under section 32(1) to (7) not to apply to the waste authorities for a two-tier area only if—

(a) as respects at least one of the authorities, the standard of its performance in carrying out functions of its has been at, or above, a particular level, or

(b) as respects at least two of the authorities, each has so carried out functions of its that the overall standard of their performance in carrying out those functions has been at, or above, a particular level,

and (in either case) that level is one mentioned in subsection (2)(b).

(4) Subject to subsection (2), the conditions that may be specified under subsection (1)(a) include (in particular) conditions that may be met only in the case of authorities that from time to time are, by reason of provision made by or under an enactment, of a particular category.

(5) Regulations under subsection (1) may include—

(a) provision about the duration of any disapplication under that subsection of a duty;

(b) provision postponing the application of a duty on the coming to an end of a disapplication under that subsection of the duty;

(c) provision modifying the application of subsections (1) to (7) of section 32 in relation to a two-tier area where a duty under those subsections applies to one or more, but not all, of the waste authorities for the area.

(6) A statutory instrument that contains regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) A reference in subsection (2)(a) or (3)(a) or (b) to functions of an authority is to functions of the authority in any capacity (and not only to functions of its in its capacity as a waste disposal authority or waste collection authority).

34 Interpretation of Chapter 3

In this Chapter—

(a) “two-tier area” means the area of a waste disposal authority in England which is not also a waste collection authority;

(b) “the waste authorities” for a two-tier area are—

(i) the waste disposal authority for the area, and

(ii) the waste collection authorities within the area; and

(c) “waste disposal authority” and “waste collection authority” have the same meaning as in Part 2 of the Environmental Protection Act 1990 (c. 43).

Chapter 4 Miscellaneous and supplementary

35 Repeal of duty to prepare recycling plans in England and Wales

The following provisions are repealed—

(a) section 49 of the Environmental Protection Act 1990 (collection authorities' waste recycling plans),

(b) sections 353(3) and 361 of the Greater London Authority Act 1999 (c. 29) (which refer to section 49 of the 1990 Act), and

(c) paragraph (a) of section 7(2) of the Local Government Act 2000 (c. 22) (power to amend etc. section 49(1)(c) of the 1990 Act).

36 Regulations under Part 1

(1) Any power to make regulations under this Part includes—

(a) power to make different provision for different cases, and

(b) power to make incidental, supplementary, consequential or transitional provision or savings.

(2) Power to make regulations under section 23(2)(a), (b) or (c) also includes—

(a) power to make different provision in relation to England, Scotland, Wales and Northern Ireland respectively, and

(b) power to make consequential provision amending section 3(6).

(3) Any power to make regulations under this Part is exercisable by statutory instrument, subject to subsection (4).

(4) Any power of the Department of the Environment to make regulations under this Part is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

37 Meaning of “waste” in Part 1

(1) In this Part “waste” means anything that—

(a) is waste for the purposes of the Waste Directive, and

(b) is not excluded from the scope of that Directive by Article 2 of that Directive.

(2) For the purposes of this section “the Waste Directive” means Council Directive 75/442/EEC as amended by—

(a) Council Directives 91/156/EEC and 91/692/EEC, and

(b) Commission Decision 96/350/EC.