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| | Application of seal and proof of instruments |
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| | 12 (1) | The application of the seal of the London Waste Authority shall be |
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| | authenticated by the signature of any member, officer or member of |
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| | staff of the London Waste Authority who has been authorised for |
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| | the purpose, whether generally or specially, by the London Waste |
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| | |
| | (2) | In sub-paragraph (1) the reference to the signature of a person |
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| | includes a reference to a facsimile of a signature by whatever |
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| | process reproduced; and, in paragraph 13, the word “signed” shall |
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| | be construed accordingly. |
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| | Documents service etc. on the London Waste Authority |
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| | 13 (1) | Any document which the London Waste Authority is authorised or |
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| | required by or under any enactment to serve, make or issue may be |
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| | signed on behalf of the London Waste Authority by any member, |
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| | officer or member of staff of the London Waste Authority who has |
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| | been authorised for the purpose, whether generally or specially, by |
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| | the London Waste Authority. |
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| | (2) | Every document purporting to be an instrument made or issued by |
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| | or on behalf of the London Waste Authority and to be duly executed |
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| | under the seal of the London Waste Authority, or to be signed or |
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| | executed by a person authorised by the London Waste Authority for |
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| | the purpose, shall be received in evidence and be treated, without |
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| | further proof, as being made or so issued unless the contrary is |
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| | |
| | (3) | Any notice which is required or authorised, by or under any |
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| | provision of any other Act, to be given, served or issued by, to or on |
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| | the London Waste Authority shall be in writing. |
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| | |
| | 14 (1) | If a member of the London Waste Authority has any interest, |
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| | whether direct or indirect, and whether pecuniary or not, in any |
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| | matter that is brought up for consideration at a meeting of the |
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| | London Waste Authority he shall disclose the nature of the interest |
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| | to the meeting; and, where such a disclosure is made— |
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| | (a) | the disclosure shall be recorded in the minutes of the |
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| | |
| | (b) | the member shall not take any part in any deliberation or |
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| | decision of the London Waste Authority, or any of its |
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| | committees or sub-committees, with respect to that matter. |
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| | (2) | A member need not attend in person at a meeting of the London |
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| | Waste Authority in order to make a disclosure which he is required |
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| | to make under this paragraph if he takes reasonable steps to ensure |
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| | that the disclosure is made by a notice which is read and considered |
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| | |
| | (3) | The Mayor may, subject to such conditions as he considers |
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| | appropriate, remove any disability imposed by virtue of this |
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| | paragraph in any case where the number of members of the London |
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| | Waste Authority disabled by virtue of this paragraph at any one |
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| |
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| | time would be so great a proportion of the whole as to impede the |
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| | |
| | (4) | The power of the Mayor under sub-paragraph (3) includes power to |
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| | remove, either indefinitely or for any period, a disability which |
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| | would otherwise attach to any member, or members of any |
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| | description, by reason of such interests, and in respect of such |
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| | matters, as may be specified or described by the Mayor. |
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| | (5) | Where the Mayor exercises the power under sub-paragraph (3) to |
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| | |
| | (a) | he shall notify the London Waste Authority that he has |
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| | done so, and of this reasons for doing so, and |
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| | (b) | the removal of the disability and the Mayor’s reasons shall |
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| | be recorded in the minutes of the London Waste Authority. |
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| | (6) | If any person fails to comply with the provisions of sub-paragraph |
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| | (1), he shall for each offence be liable on summary conviction to a |
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| | fine not exceeding level 4 on the standard scale unless he proves |
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| | that he did not know that the contract, proposed contract or other |
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| | matter in which he had the interest was the subject of consideration |
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| | |
| | (7) | A prosecution for an offence under this paragraph shall not be |
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| | instituted except by or on behalf of the Director of Public |
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| | |
| | (8) | The London Waste Authority may provide for the exclusion of a |
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| | member from a meeting of the London Waste Authority while any |
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| | contract, proposed contract or other matter in which he has such an |
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| | interest as is mentioned in sub-paragraph (1) is under consideration. |
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| | (9) | Section 95 of the Local Government Act 1972 (pecuniary interests |
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| | for the purposes of section 94) shall apply for the purposes of this |
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| | paragraph as it applies for the purposes of that section. |
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| | (10) | Section 96 of that Act (general notices and recording of disclosures |
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| | for the purposes of section 94) shall apply for the purposes of this |
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| | |
| | (a) | any reference to a proper officer of the authority as a |
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| | reference to an officer appointed by the London Waste |
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| | Authority for the purpose; |
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| | (b) | any reference to a member of the authority as a reference to |
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| | a member of the London Waste Authority; |
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| | (c) | any reference to premises owned by the authority as a |
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| | reference to premises owned by the London Waste |
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| | |
| | (d) | any reference to section 94 of that Act as a reference to this |
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| | |
| | (11) | Subsections (4) and (5) of section 97 of that Act (disregard of |
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| | certain interests for the purposes of section 94) shall apply in |
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| | relation to this paragraph as they apply in relation to section 94 of |
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| | |
| | (a) | the members of the London Waste Authority were |
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| | members of a local authority; and |
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| |
| |
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| | (b) | in subsection (5), for “a pecuniary interest” there were |
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| | substituted “an interest (whether pecuniary or not)”. |
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| | (12) | Section 19 of the Local Government and Housing Act 1989 |
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| | (members’ interests) shall apply as if— |
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| | (a) | the London Waste Authority were a local authority; |
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| | (b) | the members of the London Waste Authority were the |
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| | members of that local authority; |
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| | (c) | an officer appointed by the London Waste Authority for the |
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| | purpose were the proper officer of that local authority; |
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| | (d) | any reference to a pecuniary interest were a reference to an |
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| | interest, whether pecuniary or not; and |
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| | (e) | any reference to section 94 of the Local Government Act |
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| | 1972 were a reference to this paragraph. |
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| | 15 (1) | Subject to the following provisions of this paragraph and paragraph |
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| | 16, the Secretary of State may authorise the London Waste |
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| | Authority to purchase compulsorily any land which is required by |
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| | the London Waste Authority or a subsidiary of the London Waste |
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| | Authority for the purposes of the discharge of any function. |
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| | (2) | The Acquisition of Land Act 1981 (c. 67) shall apply to any |
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| | compulsory purchase by virtue of sub-paragraph (1). |
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| | (3) | The London Waste Authority shall not by virtue of sub-paragraph |
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| | (1) submit to the Secretary of State a compulsory purchase order |
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| | authorising the acquisition of any land in accordance with section |
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| | 2(2) of the Acquisition of Land Act 1981 unless the Mayor has |
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| | |
| | (4) | Subject to sub-paragraph (5), the power of purchasing land |
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| | compulsorily in this paragraph includes power to acquire an |
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| | easement or other right over land by the creation of a new right. |
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| | (5) | Sub-paragraph (4) does not apply to an easement or other right over |
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| | land which forms part of a common, open space or fuel or field |
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| | garden allotment within the meaning of section 19 of the |
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| | Acquisition of Land Act 1981. |
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| | 16 | The London Waste Authority does not have power to acquire land |
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| | (or any interest in land) for purposes which are not related to any of |
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| | the activities, other than the development of land, of the London |
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| | Waste Authority or any subsidiary of the London Waste |
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| | |
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| |
| | |
| To move the following Schedule:— |
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| | ‘London Waste Authority—consequential amendments |
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| | The Greater London Authority Act 1999 |
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| | 1 (1) | The GLA Act 1999 shall be amended as follows. |
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| |
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| | (2) | For section 353(5)(b) (the Mayor’s municipal waste management strategy) |
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| | substitute “(b) the London Waste Authority”. |
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| | (3) | In section 353(5)(d) for “waste disposal authorities in Greater London” |
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| | substitute “the London Waste Authority”. |
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| | (4) | In section 355 (duties of waste collection authorities etc.) for “each of the |
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| | waste disposal authorities in Greater London” substitute “the London Waste |
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| | |
| | (5) | In section 356(1) (directions by the Mayor) for “a waste disposal authority in |
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| | Greater London” substitute “the London Waste Authority”. |
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| | (6) | In section 360(1) for “359” substitute “359B”. |
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| | (7) | In section 360(2) (interpretation of sections 353 to 359)— |
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| | (a) | in the definition of “municipal waste” for paragraph (b) substitute “the |
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| | |
| | (b) | in the definition of “waste authority” for paragraph (b) substitute “the |
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| | London Waste Authority”; and |
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| | (c) | in the definition of “waste disposal authority in Greater London” omit |
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| | |
| | (8) | In section 424(1) (interpretation) in the definition of “functional body”, after |
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| | “(b) the London Development Agency” insert “(ba) the London Waste |
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| | |
| | The Environmental Protection Act 1990 |
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| | 2 (1) | The Environmental Protection Act 1990 (c. 43) shall be amended as follows. |
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| | (2) | For section 30(2)(b) (authorities for the purposes of this part) substitute “in |
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| | Greater London, the London Waste Authority”. |
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| | (3) | In section 44A(5)(a) (national waste strategy: England and Wales) after |
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| | “Agency” insert “and the London Waste Authority,”. |
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| | The Joint Waste Disposal Authorities (Recycling Payments) (Disapplication) (England) |
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| | |
| | 3 | In article 2 of the Joint Waste Disposal Authorities (Recycling Payments) |
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| | (Disapplication) (England) Order 2006 (S.I. 2006/651) for “an authority |
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| | established under regulation 2(1) of the Waste Regulation and Disposal |
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| | (Authorities) Order 1985 and named in Schedule 1 to that Order” substitute |
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| | “the London Waste Authority”. |
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| | The Refuse Disposal (Amenity) Act 1978 |
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| | 4 (1) | The Refuse Disposal (Amenity) Act 1978 (c. 3) shall be modified as follows. |
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| | (2) | Section 3(6) shall have effect as if— |
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| | (a) | “whose area is included in the area of a London waste disposal |
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| | authority” were omitted, and |
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| | (b) | for “the authority in question” were substituted “the London Waste |
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| | Authority, the Greater Manchester Waste Disposal Authority or the |
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| | Merseyside Waste Disposal Authority, as the case may be”. |
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| | (3) | Section 3(8) shall have effect as if for “a London waste disposal authority” |
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| | were substituted “the London Waste Authority”. |
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| | (4) | Section 4(8) shall have effect as if— |
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| | (a) | for “in the area of a London waste disposal authority, that authority” |
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| | were substituted “in Greater London, the London Waste Authority”, |
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| | |
| | (b) | section 4(8)(b) were omitted. |
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| |
| |
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| | (5) | Section 5(4) shall have effect as if for “whose area is included in the area of a |
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| | London waste disposal authority, that authority” were substituted “, the |
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| | |
| | (6) | Section 5(5)(a) shall have effect as if— |
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| | (a) | “whose area is included in the area of a London waste disposal |
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| | authority” were omitted, and |
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| | (b) | for “the authority in question” were substituted “the London Waste |
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| | Authority, the Greater Manchester Waste Disposal Authority or the |
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| | Merseyside Waste Disposal Authority, as the case may be”.’. |
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| |
| |
| | |
| To move the following Schedule:— |
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| | ‘Promotions of Bills in Parliament by the London Waste Authority |
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| This is the Schedule that is to be inserted as Schedule 29B to the GLA Act 1999— |
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| |
| Promotions of Bills in Parliament by the London Waste Authority |
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| | |
| | 5 | No Bill may be deposited in Parliament by virtue of section 359F(1)(a) until |
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| | the requirements of paragraph 2 have been complied with. |
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| | Consultation on draft Bill |
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| | 6 (1) | The London Waste Authority shall— |
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| | (a) | prepare a draft of the proposed Bill (“the draft Bill”); |
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| | (b) | send copies of the draft Bill to the bodies and persons specified in sub- |
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| | |
| | (c) | consult those bodies and persons about the draft Bill. |
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| | (2) | Those bodies and persons are— |
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| | |
| | |
| | (c) | every London borough council; and |
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| | |
| | (3) | Where the London Waste Authority sends copies of the draft Bill to those |
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| | bodies and persons pursuant to sub-paragraph (1)(b), it shall also give those |
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| | bodies and persons notice of the time within which, and the place at which, |
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| | they may make representations about the draft Bill. |
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| | Publicity for, and exposure of, the draft Bill |
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| | 7 (1) | Throughout the consultation period, the London Waste Authority shall take |
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| | such steps as in its opinion will give adequate publicity to the draft Bill. |
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| | (2) | A copy of the draft Bill shall be kept available by the London Waste Authority |
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| | for inspection by any person on request free of charge— |
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| | (a) | at the principal offices of the London Waste Authority, and |
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| |
| |
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| | (b) | at such other places as the London Waste Authority considers |
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| | |
| | | at reasonable hours throughout the consultation period. |
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| | (3) | A copy of the draft Bill, or of any part of the draft Bill, shall be supplied to any |
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| | person on request during the consultation period for such reasonable fee as the |
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| | London Waste Authority may determine. |
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| | (4) | In this paragraph “the consultation period” means the period which— |
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| | (a) | begins with the first day after the requirements of paragraph 2(1)(b) |
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| | have been complied with; and |
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| | (b) | ends with the time notified pursuant to paragraph 2(3). |
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| | Deposit of the Bill in Parliament |
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| | 8 (1) | If, after the requirements of paragraph 2 have been complied with, a Bill is |
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| | deposited in Parliament by virtue of section 359F(1)(a), that Bill must be in the |
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| | form of the draft Bill, either as originally prepared or as modified to take |
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| | |
| | (a) | representations made pursuant to paragraph 2; |
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| | (b) | other representations made within the consultation period; or |
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| | (c) | other material considerations. |
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| | (2) | In this paragraph “the consultation period” has the same meaning as in |
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| | |
| | Bills affecting statutory functions of London local authorities |
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| | 9 (1) | If a Bill proposed to be deposited in Parliament by virtue of section 359F(1)(a) |
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| | contains provisions affecting the exercise of statutory function by a London |
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| | local authority, the Bill shall not be deposited in Parliament unless— |
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| | (a) | in a case where the exercise of statutory functions of one London local |
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| | authority is affected, that authority has given its written consent to the |
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| | Bill in the form in which it is to be so deposited; or |
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| | (b) | in a case where the exercise of statutory functions of two or more |
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| | London local authorities is affected, at least 90 per cent. of all London |
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| | local authorities have given their written consent to the Bill in that |
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| | |
| | (2) | In this paragraph “London local authority” means— |
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| | (a) | a London borough council; or |
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| | |
| | Publicity for the deposited Bill |
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| | 10 (1) | This paragraph applies where a Bill (“the deposited Bill”) is deposited in |
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| | Parliament by virtue of section 359F(1)(a). |
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| | (2) | During the period of 14 days following the day on which the deposited Bill is |
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| | deposited in Parliament, the London Waste Authority shall take such steps as |
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| | in its opinion will give adequate publicity to the Bill. |
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| | (3) | A copy of the deposited Bill shall be kept available by the London Waste |
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| | Authority for inspection by any person on request free of charge— |
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| | (a) | at the principal offices of the London Waste Authority, and |
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| | (b) | at such other places as the London Waste Authority considers |
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| | |
| | | at reasonable hours throughout the period the Bill is in Parliament. |
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