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given up to and including

Thursday 23rd October 2003


CONSIDERATION OF BILL

WASTE AND EMISSIONS TRADING BILL [LORDS]


NEW CLAUSES

Joint municipal waste management strategies: England

   

Secretary Margaret Beckett

NC18

To move the following Clause:—

    '(1)   The waste authorities for a two-tier area must, at all times after the end of the period of 18 months beginning with the day on which this Act is passed, have for the area a joint strategy for the management of—

      (a) waste from households, and

      (b) other waste that, because of its nature or composition, is similar to waste from households.

    (2)   The waste authorities for a two-tier area must keep under review the policies formulated by them for the purposes of subsection (1).

    (3)   The waste authorities for a two-tier area must, before formulating policy for the purposes of subsection (1), carry out such consultation as they consider appropriate.

    (4)   The waste authorities for a two-tier area must set out in a statement any policy formulated by them for the purposes of subsection (1).

    (5)   The waste authorities for a two-tier area must—

      (a) when formulating policy for the purposes of subsection (1), and

      (b) when preparing a statement under subsection (4),

    have regard to any guidance given by the Secretary of State.

    (6)   The waste authorities for a two-tier area in Greater London must, when formulating policy for the purposes of subsection (1), have regard to the Mayor of London's municipal waste management strategy or, where that strategy has been revised, to that strategy as revised.

    (7)   Where the waste authorities for a two-tier area prepare a statement under subsection (4)—

      (a) they must take such steps as in their opinion will give adequate publicity in the area to the statement;

      (b) they must send a copy of the statement—

      (i) to each of the Secretary of State and the Environment Agency, and

      (ii) if the area is in Greater London, to the Mayor of London;

      (c) each of the authorities must keep a copy of the statement available at all reasonable times at one of its offices for inspection by the public free of charge; and

      (d) each of the authorities must supply a copy of the statement to any person who requests one, on payment by the person of such reasonable charge as the authority requires.

    (8)   Where subsection (1) is satisfied in relation to a two-tier area by policies set out in a statement prepared before the coming into force of that subsection—

      (a) it does not matter that the policies were not formulated for the purposes of subsection (1), but

      (b) subsection (2) shall apply as though the policies were formulated for the purposes of subsection (1).

    (9)   Subsection (3) may be satisfied by consultation before, as well as by consultation after, the coming into force of that subsection.

    (10)   The Secretary of State may by regulations make provision for subsection (1) to apply, in relation to a two-tier area specified or described in the regulations, with the substitution for "18 months" of some longer period.

    (11)   A statutory instrument that contains regulations under subsection (10) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

    (12)   In section 353 of the Greater London Authority Act 1999 (c.29) (Mayor's duty to prepare municipal waste management strategy), after subsection (3) there is inserted—

          "(3A)   In revising the municipal waste management strategy the Mayor is to have regard to any strategies which authorities in Greater London have for the purposes of section (Joint municipal waste management strategies: England) of the Waste and Emissions Trading Act 2003 (joint waste management strategies for areas where disposal authority is not also collection authority).".'.


Power to disapply duties under section (Joint municipal waste management strategies: England)

   

Secretary Margaret Beckett

NC19

To move the following Clause:—

    '(1)   The Secretary of State may by regulations make provision for a duty under section (Joint municipal waste management strategies: England)(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 (Joint municipal waste management strategies: England)(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 (Joint municipal waste management strategies: England)(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 (Joint municipal waste management strategies: England) 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).'.


Interpretation of Chapter 3

   

Secretary Margaret Beckett

NC20

To move the following Clause:—

    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).'.


Repeal of duty to prepare recycling plans in England and Wales

   

Secretary Margaret Beckett

NC21

To move the following Clause:—

    'The following provisions are repealed—

      (a) section 49 of the Environmental Protection Act 1990 (c.43) (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).'.


Strategies for waste minimisation: England

   

Norman Baker
Sue Doughty

NC1

To move the following Clause:—

    '(1)   The Secretary of State must have a strategy for waste prevention and minimisation, containing quantitative targets for overall waste reduction and for specific waste streams.

    (2)   The Secretary of State will set out in regulations requirements for local authorities and business relating to waste prevention and minimisation including—

      (a) taking a life-cycle approach;

      (b) reducing packaging.

    (3)   Before formulating policy for the purposes of subsections (1) and (2), the Secretary of State must—

      (a) consult the Scottish Ministers, the National Assembly for Wales, the Department of the Environment, the Secretary of State for the Home Office, the Environment Agency and the Mayor of London,

      (b) consult such bodies or persons appearing to him to be representative of the interests of local government as he considers appropriate, and

      (c) consult such bodies or persons appearing to him to be representative of the interests of industry as he considers appropriate, and

      (d) carry out such public consultation as he considers appropriate.

    (4)   The Secretary of State must set out in a statement any policy formulated for the purposes of subsections (1) and (2).

    (5)   The Secretary of State must, as soon as a statement is prepared for the purposes of subsection (4), send a copy of it to—

      (a) the Scottish Ministers,

      (b) the National Assembly for Wales, and

      (c) the Department of the Environment.'.

 
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Prepared 23 Oct 2003