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Transfer schemes

Ms Karen Buck

NC40

    * To move the following Clause:—

      ‘After section 359H of the GLA Act 1999 (inserted by section [London waste charging scheme] of this Act) insert—

    359I Transfer schemes

      (1) The power conferred by subsection (2) is exercisable in connection with the establishment of the London Waste Authority.

      (2) The London Waste Authority may make one or more schemes for the transfer of property, rights or liabilities from any body falling within subsection (3) to any other such body as specified in or determined in accordance with the scheme.

      (3) Those bodies are—

        (a) the London Waste Authority,

        (b) any subsidiary of the London Waste Authority;

        (c) any local authority in Greater London; and

        (d) an authority established by Part 2, 3, 4 or 5 of Schedule 1 to the Waste Regulation and Disposal (Authorities) Order 1985 (S.I., 1985/1884).

      (4) On a date specified by a scheme as the date on which the scheme is to have effect, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.

      (5) A scheme under this section shall not take effect unless and until it has been approved by the Mayor.

      (6) Where a scheme under this section is submitted to the Mayor for his approval, he may, after consultation with the London Waste Authority, modify the scheme before approving it.

      (7) The transfers which may be made by virtue of a scheme under this section include transfers taking effect before, on or after the dissolution of the joint waste authorities under section 359A(7).

      (8) Schedule 12 (which makes further provision in relation to schemes under this section) shall have effect.”.’.

NEW SCHEDULES

Ms Karen Buck

NS1

    * To move the following Schedule:—

‘London Waste Authority

This is the Schedule that is to be inserted as Schedule 29A to the GLA Act 1999—

“Schedule 29A

London Waste Authority

Part 1

Establishment

    Status and Capacity

    1 (1) The London Waste Authority shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

    (2) The members and staff of the London Waste Authority shall not be regarded as civil servants and the property of the London Waste Authority shall not be regarded as property of, or held on behalf of, the Crown.

    (3) It shall be within the capacity of the London Waste Authority to do such things and enter into such transactions as are calculated to facilitate, or are conducive or incidental to, the discharge of any of its functions.

    Membership of the London Waste Authority

    2 (1) The London Waste Authority shall consist of fifteen members appointed by the Mayor of whom no fewer than six have been nominated by, and (at the time of their appointment) are elected members of—

      (a) a London borough council, or

      (b) the Common Council of the City of London.

    (2) The Mayor may determine the process of nominating and appointing members under sub-paragraph (1).

    (3) The Mayor cannot appoint himself as a member of the London Waste Authority.

    (4) In appointing a person under sub-paragraph (1), the Mayor shall have regard to the desirability of ensuring that the members of the London Waste Authority between them have experience in—

      (a) running a business,

      (b) delivering large capital programmes,

      (c) regeneration,

      (d) waste management, and

      (e) recycling.

    (5) The terms and conditions of appointment of a member of the London Waste Authority (including conditions as to remuneration) shall be such as the Mayor may determine.

    (6) The Mayor may, by notice to a member of the London Waste Authority, remove that member from office.

    Chairman and deputy chairmen

3 The Mayor shall designate—

      (a) one of the members of the London Waste Authority to be chairman of the London Waste Authority, and

      (b) another of the members to be deputy chairman of the London Waste Authority.

    Staff

    4 (1) The London Waste Authority may appoint such staff as it considers necessary for assisting in the exercise of any of its functions.

    (2) The staff of the London Waste Authority shall be appointed on such terms and conditions (including conditions as to remuneration) as the London Waste Authority shall determine

    Proceedings of the London Waste Authority

    5 (1) Subject to the provisions of this Schedule, the London Waste Authority may regulate its own procedures and that of the committees of the London Waste Authority and sub-committees of such committees (and in particular may specify a quorum for meetings).

    (2) The validity of any proceedings of the London Waste Authority shall not be affected—

      (a) by any vacancy among the members or in the office of chairman or deputy chairman, or

      (b) by any defect in the appointment of any person as a member, or as chairman or deputy chairman, of the London Waste Authority.

    Membership of committees and sub-committees

    6 (1) A committee of the London Waste Authority or a sub-committee of such a committee may include persons who are not members of the London Waste Authority.

    (2) A person who is a member of a committee of the London Waste Authority or a sub-committee of such a committee but is not a member of the London Waste Authority shall be a non-voting member of the committee or sub-committee.

    General powers

    7 (1) The London Waste Authority may form, promote and assist, or join with any other person in forming, promoting and assisting, a company for the purpose of—

      (a) carrying on any activities which the London Waste Authority has power to carry on, or

      (b) carrying on such activities together with activities which the London Waste Authority does not have power to carry on.

    (2) The London Waste Authority may enter into and carry out agreements with any person for the carrying on by that person, whether as agent for the London Waste Authority or otherwise, of any activities which the London Waste Authority has power to carry on (and, in particular, with respect to the disposal of waste).

    (3) The London Waste Authority may also enter into and carry out an agreement with any person for the carrying on by that person (“the contractor”) of any activities which the London Waste Authority does not have the power to carry on if the agreement includes provision for one or more of the following, namely—

      (a) the carrying on by the contractor of such activities as are mentioned in sub-paragraph (2);

      (b) the provision by the contractor to the London Waste Authority of services ancillary to the disposal of waste; and

      (c) the use by the contractor of land or other property owned by the London Waste Authority, or transferred to the contractor by the London Waste Authority, for the purposes of the agreement.

    (4) Where an agreement has been entered into under sub-paragraph (2) or (3), the powers conferred on the London Waste Authority by that subsection include power to enter into and carry out other agreements with other persons for the purpose of—

      (a) fulfilling any condition which must be fulfilled before the agreement can have effect; or

      (b) satisfying any requirement imposed by or under the agreement.

    (5) Where—

      (a) a company has been formed in the exercise of the powers conferred by sub-paragraph (1) (whether by the London Waste Authority alone or by the London Waste Authority jointly with some other person); or

      (b) the London Waste Authority has entered into an agreement with any person in exercise of its powers under sub-paragraph (2) or (3),

    the London Waste Authority may enter into arrangements with that company or person for the transfer from the London Waste Authority to that company or person, in such manner and on such terms (including payments by any of the parties to the arrangements to any of the other parties) as may be provided for by the arrangements, of any property, rights or liabilities of the London Waste Authority relevant to the purpose for which the company was formed or (as the case may be) to the performance by that person of his obligations under the agreement.

    (6) The London Waste Authority shall have power to enter into and carry out agreements with—

      (a) any of its subsidiaries; or

      (b) any person with whom it has entered into an agreement by virtue of sub-paragraph (2) or (3),

    providing for the London Waste Authority to give assistance to the other party to the agreement by making available to that party any services, amenities or facilities provided by, or any works or land or other property belonging to, the London Waste Authority, on such terms (including the reciprocal provision by that other party for similar assistance for the London Waste Authority) as may be agreed between them.

    (7) The power of the London Waste Authority under sub-paragraph (2) or (3) to enter into an agreement as there mentioned is exercisable notwithstanding that the agreement involves the delegation of the functions of the London Waste Authority under any enactment relating to any part of its undertaking.

    Delegation by the London Waste Authority

    8 (1) Subject to any express provision contained in this Act or any Act passed after this Act, the London Waste Authority may arrange for any of its functions to be discharged on its behalf by—

      (a) any committee of the London Waste Authority,

      (b) any sub-committee of such a committee,

      (c) any wholly owned subsidiary (within the meaning of section 736(2) of the Companies Act 1985) of the London Waste Authority,

      (d) any member of officer of the London Waste Authority, or

      (e) any body of members or officers, or members and officers, of the London Waste Authority.

    (2) Where the London Waste Authority makes arrangements under this paragraph for the discharge of any function, the person or body by whom the function is to be discharged shall exercise the function subject to any conditions imposed by the London Waste Authority.

    (3) Arrangements made by the London Waste Authority for the discharge of functions under this paragraph shall not prevent the London Waste Authority from exercising those functions.

    Delegation by committees, sub-committees, etc

    9 (1) Where the London Waste Authority makes arrangements for the discharge of any function by a committee under paragraph 7, the committee may (subject to any conditions imposed by the London Waste Authority) arrange for the discharge of the function on its behalf by—

      (a) any sub committee of the committee,

      (b) any member or officer of the London Waste Authority, or

      (c) any body of members or officers, or members and officers, of the London Waste Authority.

    (2) Where—

      (a) the London Waste Authority makes arrangements for the discharge of any function by a sub-committee under paragraph 7, or

      (b) a committee of the London Waste Authority makes arrangements for the discharge of any function by a sub-committee under sub-paragraph (1),

the sub-committee may (subject to any conditions imposed by the London Waste Authority or the committee) arrange for the discharge of the function on its behalf by any member or officer of the London Waste Authority, or any body of members or officers, or members and officers, of the London Waste Authority.

    (3) Where a committee or sub-committee makes arrangements under this paragraph for the discharge of any function, the person or body by whom the function is to be discharged shall exercise the function subject to any conditions imposed by the committee or sub-committee.

    (4) Arrangements made by a committee or sub-committee for the discharge of functions under this paragraph shall not prevent the committee or sub-committee from exercising those functions.

    Joint committees with local authorities

    10 (1) The London Waste Authority shall be treated as a local authority for the purposes of the following provisions of the Local Government Act 1972 (c. 70) (arrangements for the discharge of functions of a local authority by joint committees with other local authorities)—

      (a) section 101(5),

      (b) section 102, apart from subsection (1)(a) and subsection (4), to the extent that it would permit the London Waste Authority to appoint a committee that is not a joint committee, and

      (c) section 103.

    (2) Nothing in section 13 of the Local Government and Housing Act 1989 (c. 42) (voting rights of members of certain committees: England and Wales) shall require a person to be treated as a non-voting member of a committee appointed by the London Waste Authority and one or more other local authorities by virtue of section 101(5) of the Local Government Act 1972 if that person—

      (a) is appointed to the committee by the London Waste Authority, and

      (b) is not a member of the London Waste Authority.

    Minutes

    11 (1) Minutes shall be kept of proceedings of the London Waste Authority, of its committees and sub-committees of such committees.

    (2) Minutes of any proceedings shall be evidence of those proceedings if they are signed by a person purporting to have acted as chairman of the proceedings to which the minutes relate or of any subsequent proceedings in the course of which the minutes were approved as a correct record.

    (3) Where minutes of any such proceedings have been signed as mentioned in sub-paragraph (2), those proceedings shall, unless the contrary is shown, be deemed to have been validly convened and constituted.

    Application of seal and proof of instruments

    12 (1) The application of the seal of the London Waste Authority shall be authenticated by the signature of any member, officer or member of staff of the London Waste Authority who has been authorised for the purpose, whether generally or specially, by the London Waste Authority.

    (2) In sub-paragraph (1) the reference to the signature of a person includes a reference to a facsimile of a signature by whatever process reproduced; and, in paragraph 13, the word “signed” shall be construed accordingly.

    Documents service etc. on the London Waste Authority

    13 (1) Any document which the London Waste Authority is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the London Waste Authority by any member, officer or member of staff of the London Waste Authority who has been authorised for the purpose, whether generally or specially, by the London Waste Authority.

    (2) Every document purporting to be an instrument made or issued by or on behalf of the London Waste Authority and to be duly executed under the seal of the London Waste Authority, or to be signed or executed by a person authorised by the London Waste Authority for the purpose, shall be received in evidence and be treated, without further proof, as being made or so issued unless the contrary is shown.

    (3) Any notice which is required or authorised, by or under any provision of any other Act, to be given, served or issued by, to or on the London Waste Authority shall be in writing.

    Members interests

    14 (1) If a member of the London Waste Authority has any interest, whether direct or indirect, and whether pecuniary or not, in any matter that is brought up for consideration at a meeting of the London Waste Authority he shall disclose the nature of the interest to the meeting; and, where such a disclosure is made—

      (a) the disclosure shall be recorded in the minutes of the meeting; and

      (b) the member shall not take any part in any deliberation or decision of the London Waste Authority, or any of its committees or sub-committees, with respect to that matter.

    (2) A member need not attend in person at a meeting of the London Waste Authority in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to ensure that the disclosure is made by a notice which is read and considered at the meeting.

    (3) The Mayor may, subject to such conditions as he considers appropriate, remove any disability imposed by virtue of this paragraph in any case where the number of members of the London Waste Authority disabled by virtue of this paragraph at any one time would be so great a proportion of the whole as to impede the transaction of business.

    (4) The power of the Mayor under sub-paragraph (3) includes power to remove, either indefinitely or for any period, a disability which would otherwise attach to any member, or members of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Mayor.

    (5) Where the Mayor exercises the power under sub-paragraph (3) to remove a disability—

      (a) he shall notify the London Waste Authority that he has done so, and of this reasons for doing so, and

      (b) the removal of the disability and the Mayor’s reasons shall be recorded in the minutes of the London Waste Authority.

    (6) If any person fails to comply with the provisions of sub-paragraph (1), he shall for each offence be liable on summary conviction to a fine not exceeding level 4 on the standard scale unless he proves that he did not know that the contract, proposed contract or other matter in which he had the interest was the subject of consideration at the Meeting.

    (7) A prosecution for an offence under this paragraph shall not be instituted except by or on behalf of the Director of Public Prosecutions.

    (8) The London Waste Authority may provide for the exclusion of a member from a meeting of the London Waste Authority while any contract, proposed contract or other matter in which he has such an interest as is mentioned in sub-paragraph (1) is under consideration.

    (9) Section 95 of the Local Government Act 1972 (pecuniary interests for the purposes of section 94) shall apply for the purposes of this paragraph as it applies for the purposes of that section.

    (10) Section 96 of that Act (general notices and recording of disclosures for the purposes of section 94) shall apply for the purposes of this paragraph, but taking—

      (a) any reference to a proper officer of the authority as a reference to an officer appointed by the London Waste Authority for the purpose;

      (b) any reference to a member of the authority as a reference to a member of the London Waste Authority;

      (c) any reference to premises owned by the authority as a reference to premises owned by the London Waste Authority; and

      (d) any reference to section 94 of that Act as a reference to this paragraph.

    (11) Subsections (4) and (5) of section 97 of that Act (disregard of certain interests for the purposes of section 94) shall apply in relation to this paragraph as they apply in relation to section 94 of that Act, but as if—

      (a) the members of the London Waste Authority were members of a local authority; and

      (b) in subsection (5), for “a pecuniary interest” there were substituted “an interest (whether pecuniary or not)”.

    (12) Section 19 of the Local Government and Housing Act 1989 (members’ interests) shall apply as if—

      (a) the London Waste Authority were a local authority;

      (b) the members of the London Waste Authority were the members of that local authority;

      (c) an officer appointed by the London Waste Authority for the purpose were the proper officer of that local authority;

      (d) any reference to a pecuniary interest were a reference to an interest, whether pecuniary or not; and

      (e) any reference to section 94 of the Local Government Act 1972 were a reference to this paragraph.

    15 (1) Subject to the following provisions of this paragraph and paragraph 16, the Secretary of State may authorise the London Waste Authority to purchase compulsorily any land which is required by the London Waste Authority or a subsidiary of the London Waste Authority for the purposes of the discharge of any function.

    (2) The Acquisition of Land Act 1981 (c. 67) shall apply to any compulsory purchase by virtue of sub-paragraph (1).

    (3) The London Waste Authority shall not by virtue of sub-paragraph (1) submit to the Secretary of State a compulsory purchase order authorising the acquisition of any land in accordance with section 2(2) of the Acquisition of Land Act 1981 unless the Mayor has given his consent.

    (4) Subject to sub-paragraph (5), the power of purchasing land compulsorily in this paragraph includes power to acquire an easement or other right over land by the creation of a new right.

    (5) Sub-paragraph (4) does not apply to an easement or other right over land which forms part of a common, open space or fuel or field garden allotment within the meaning of section 19 of the Acquisition of Land Act 1981.

16 The London Waste Authority does not have power to acquire land (or any interest in land) for purposes which are not related to any of the activities, other than the development of land, of the London Waste Authority or any subsidiary of the London Waste Authority.”.’.

Ms Karen Buck

NS2

    * To move the following Schedule:—

‘London Waste Authority—consequential amendments

    The Greater London Authority Act 1999

    1 (1) The GLA Act 1999 shall be amended as follows.

    (2) For section 353(5)(b) (the Mayor’s municipal waste management strategy) substitute “(b) the London Waste Authority”.

    (3) In section 353(5)(d) for “waste disposal authorities in Greater London” substitute “the London Waste Authority”.

    (4) In section 355 (duties of waste collection authorities etc.) for “each of the waste disposal authorities in Greater London” substitute “the London Waste Authority”.

    (5) In section 356(1) (directions by the Mayor) for “a waste disposal authority in Greater London” substitute “the London Waste Authority”.

    (6) In section 360(1) for “359” substitute “359B”.

    (7) In section 360(2) (interpretation of sections 353 to 359)—

      (a) in the definition of “municipal waste” for paragraph (b) substitute “the London Waste Authority”;

      (b) in the definition of “waste authority” for paragraph (b) substitute “the London Waste Authority”; and

      (c) in the definition of “waste disposal authority in Greater London” omit “in Greater London”.

    (8) In section 424(1) (interpretation) in the definition of “functional body”, after “(b) the London Development Agency” insert “(ba) the London Waste Authority”.

    The Environmental Protection Act 1990

    2 (1) The Environmental Protection Act 1990 (c. 43) shall be amended as follows.

    (2) For section 30(2)(b) (authorities for the purposes of this part) substitute “in Greater London, the London Waste Authority”.

    (3) In section 44A(5)(a) (national waste strategy: England and Wales) after “Agency” insert “and the London Waste Authority,”.

    The Joint Waste Disposal Authorities (Recycling Payments) (Disapplication) (England) Order 2006

3 In article 2 of the Joint Waste Disposal Authorities (Recycling Payments) (Disapplication) (England) Order 2006 (S.I. 2006/651) for “an authority established under regulation 2(1) of the Waste Regulation and Disposal (Authorities) Order 1985 and named in Schedule 1 to that Order” substitute “the London Waste Authority”.

    The Refuse Disposal (Amenity) Act 1978

    4 (1) The Refuse Disposal (Amenity) Act 1978 (c. 3) shall be modified as follows.

    (2) Section 3(6) shall have effect as if—

      (a) “whose area is included in the area of a London waste disposal authority” were omitted, and

      (b) for “the authority in question” were substituted “the London Waste Authority, the Greater Manchester Waste Disposal Authority or the Merseyside Waste Disposal Authority, as the case may be”.

    (3) Section 3(8) shall have effect as if for “a London waste disposal authority” were substituted “the London Waste Authority”.

    (4) Section 4(8) shall have effect as if—

      (a) for “in the area of a London waste disposal authority, that authority” were substituted “in Greater London, the London Waste Authority”, and

      (b) section 4(8)(b) were omitted.

    (5) Section 5(4) shall have effect as if for “whose area is included in the area of a London waste disposal authority, that authority” were substituted “, the London Waste Authority”.

    (6) Section 5(5)(a) shall have effect as if—

      (a) “whose area is included in the area of a London waste disposal authority” were omitted, and

      (b) for “the authority in question” were substituted “the London Waste Authority, the Greater Manchester Waste Disposal Authority or the Merseyside Waste Disposal Authority, as the case may be”.’.

 
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