House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Report Stage Proceedings: 27th February 2007
101

Greater London Authority Bill, continued

359D
Publicity and advice

(1)
The London Waste Authority may promote or undertake publicity in any

form.

(2)
The London Waste Authority shall promote—

(a)
the reduction and reuse of waste in Greater London, and

(b)
the sustainable management of waste in Greater London.

(3)
The London Waste Authority may advise companies operating in Greater

London on the items referred to in subsection (2).

359E
Waste management

The London Waste Authority may apply for a waste management licence

under section 36 (grant of licences) of the Environmental Protection Act

1990 (c. 43) for the purposes of treating, keeping or disposing of waste

that is delivered to it by a person other than a waste collection authority.

359F
Power of the London Waste Authority to promote or oppose Bills in

Parliament

(1)
The London Waste Authority—

(a)
may promote a local Bill in Parliament; and

(b)
may oppose any local Bill in Parliament.

(2)
Subsection (1)(a) applies only if the Greater London Authority—

(a)
gives its written consent to the Bill; and

(b)
confirms that consent in writing as soon as practicable after the

expiration of 14 days after Bill has been deposited in Parliament.

(3)
If the Greater London Authority does not confirm the consent as required

by subsection (2)(b), it shall give notice of that fact to the London Waste

Authority, which shall take all necessary steps for the withdrawal of the

Bill.

(4)
If the Authority, in giving notice under subsection (3), states that it

confirms its consent to the Bill if provisions specified in the notice are

omitted or are amended as so specified, the London Waste Authority

may, instead of withdrawing the Bill pursuant to subsection (3), take all

necessary steps for the omission or, as the case may be, the amendment

of the provisions in question in accordance with the notice.

(5)
Without prejudice to subsections (2) to (4), the functions conferred on the

London Waste Authority by subsection (1)(a) are exercisable subject to,

and in accordance with, the provisions of Schedule 29B.

(6)
Subsection (1)(b) applies only if the Greater London Authority gives its

written consent to the London Waste Authority to oppose the Bill.

(7)
If—

(a)
the London Waste Authority deposits a petition against a Bill in

Parliament, but

(b)
the consent required by subsection (6) has not been given before

the end of the period of 30 days following the day on which the

petition is deposited,


the London Waste Authority shall take all necessary steps for the

withdrawal of the petition.

Report Stage Proceedings: 27th February 2007
102

Greater London Authority Bill, continued

(8)
The functions conferred or imposed on the Greater London Authority by

this section shall be functions of the Greater London Authority which are

exercisable by the Mayor acting on behalf of the Greater London

Authority.

(9)
Before exercising the functions conferred on the Greater London

Authority by subsections (2)(a) or (b), (4) or (6), the Mayor shall consult

the Assembly.

359G
Joint exercise of functions

(1)
The London Waste Authority may discharge any of its functions jointly

with one or more local authorities and, where arrangements are in force

for them to do so,—

(a)
they may also arrange for the discharge of those functions by a

joint committee of theirs or by an officer of one of them and

section 101(2) of the Local Government Act 1972 (c. 70) shall

apply in relation to those functions as it applies in relation to the

functions of the individual authorities; and

(b)
any enactment relating to those functions or the authorities by

whom or the areas in respect of which they are to be discharged

shall have effect subject to all necessary modifications in its

application in relation to those functions and the authorities by

whom and the areas in respect of which (whether in pursuance of

the arrangements or otherwise) they are to be discharged.

(2)
Arrangements made under subsection (1) by the London Waste

Authority and one or more local authorities with respect to the discharge

of any of their functions shall cease to have effect with respect to that

function if, or to the extent that, the function becomes the responsibility

of an executive of any of the local authorities.

(3)
Subsection (2) does not affect arrangements made by virtue of section 20

of the Local Government Act 2000 (c. 22) (joint exercise of functions).”.

(2)
In section 360(1) of the GLA Act 1999 for “359” substitute “359G”.

(3)
In section 51(4A) of the Environmental Protection Act 1990 (c. 43) after “but”

insert “in the case of a waste disposal authority that is not the London Waste

Authority”.

(4)
After section 51(1) of the Environmental Protection Act 1990 (c. 43) insert—


“(1A) It shall be the duty of the London Waste Authority to arrange for places to

be provided at which persons resident in its area may deposit their household

waste to be reused or recycled and to make arrangements for the reuse and

recycling of such waste.”.

(5)
Section 48(2) (duties of waste collection authorities as respects disposal of waste

collected) of the Environmental Protection Act 1990 shall not apply to waste

collection authorities in Greater London.

(6)
After Schedule 29A of the GLA Act 1999 (inserted by section [London Waste

Authority] (2) of this Act) insert Schedule 29B set out in Schedule [Promotion of

Bills in Parliament by the London Waste Authority] to this Act.’.

Report Stage Proceedings: 27th February 2007
103

Greater London Authority Bill, continued

Mayor to prepare minerals and waste development scheme

Ms Karen Buck

Mr Andrew Dismore

John Austin

Not called  NC3

To move the following Clause:—

‘(1)
PCPA 2004 shall be amended as follows—

(a)
in section 16(1) after “district council” insert “and the Mayor of

London”; and

(b)
in section 16(3)(a) after “county council” insert “and the Mayor of

London, as appropriate”.

(2)
The Town and Country Planning (Local Development) (England) Regulations

2004 (S.I. 2004/2204) shall be amended as follows—

(a)
in regulation 3(1)(b)(ii) after “county council” insert “and the Mayor of

London”;

(b)
in regulation 12(3) after “scheme” insert “prepared by a county council”;

and

(c)
after regulation 12(3) insert—

“(4)
Where paragraph (1) or (2) applies to a minerals and waste

development scheme prepared by the Mayor of London, within

2 weeks he must send a copy of—

(a)
the scheme, or

(b)
the scheme incorporating the revision,


to each local planning authority in Greater London.”.’.

Municipal waste management strategy

Ms Karen Buck

Mr Andrew Dismore

John Austin

Not called  NC4

To move the following Clause:—

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

(a)
omit “municipal” in—

(i)
section 353(2)(b) (the Mayor’s municipal waste management

strategy), and

(ii)
section 353(5)(e); and

(b)
in section 355 (duties of waste collection authorities etc.) for “Part II”

substitute “Part 2 or section 89 of Part 4”.

(2)
After section 357(4) of the GLA Act 1999 insert—

“(4A)
Where the Mayor has been notified by a waste authority under subsection

(1), (2) or (4) he shall consult the London Waste Authority.”.’.

Report Stage Proceedings: 27th February 2007
104

Greater London Authority Bill, continued

London waste charging scheme

Ms Karen Buck

Mr Andrew Dismore

John Austin

Not called  NC5

To move the following Clause:—

‘After section 359G of the GLA Act 1999 (inserted by section [Powers and duties

of the London Waste Authority] (1) of this Act) insert—

“359H
  London waste charging scheme

(1)
The Mayor may by order make a scheme to charge waste collection

authorities in London for the delivery of waste to the London Waste

Authority, to be known as the London waste charging scheme.

(2)
An order under this section may—

(a)
specify charges for the delivery to the London Waste Authority

by a waste collection authority of waste;

(b)
impose a charge per tonne of delivered waste;

(c)
impose separate charges for different types of waste based on the

technology or processes used to manage or dispose of such

waste;

(d)
make different provisions for different cases, including different

provisions in relation to different waste collection authorities,

circumstances or localities;

(e)
provide for the times at which, and the manner in which, the

charges prescribed by the scheme are to be paid;

(f)
revoke or amend any previous charging scheme; or

(g)
contain supplemental, incidental, consequential or transitional

provisions for the purposes of the scheme.

(3)
The power of the Mayor to make an order under this section includes a

power exercisable by order to revoke, amend or re-enact any such order.

(4)
An order made by the Mayor under this section shall not have effect

unless and until it is confirmed by an order made by the Secretary of

State.”.’.

Transfer schemes

Ms Karen Buck

Mr Andrew Dismore

John Austin

Not called  NC6

To move the following Clause:—

‘After section 359H of the GLA Act 1999 (inserted by section [London waste

charging scheme] of this Act) insert—