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Ms Karen Buck (Regent's Park and Kensington, North) (Lab): I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker (Sir Alan Haselhurst): With this it will be convenient to discuss the following:
New clause 2 Powers and duties of the London Waste Authority
(1) After section 359B of the GLA Act 1999 (inserted by section [London Waste Authority] (1) of this Act) insert
359C Sustainable disposal of waste
When exercising its functions under section 51(1)(a) of the Environmental Protection Act 1990 (c. 43) (functions of waste disposal authorities), the London Waste Authority shall
(a) do so in a manner calculated to contribute towards the achievement of sustainable development in the United Kingdom,
(b) take into account any policies announced by Her Majestys Government with respect to climate change or the consequences of climate change, and
(c) comply with any guidance or directions issued to the London Waste Authority by the Secretary of State or the Mayor with respect to the means by which, or manner in which, the London Waste Authority is to perform the duties imposed on it by paragraph (a) or (b) above.
(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).
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.
(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.
(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..
New clause 3 Mayor to prepare minerals and waste development scheme
(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
(b) the scheme incorporating the revision,
to each local planning authority in Greater London...
New clause 4 Municipal waste management strategy
(1) The GLA Act 1999 shall be amended as follows
(i) section 353(2)(b) (the Mayors municipal waste management strategy), 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...
New clause 5 London waste charging scheme
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...
New clause 6 Transfer schemes
After section 359H of the GLA Act 1999 (inserted by section [London waste charging scheme] of this Act) insert
(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.
(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...
(1) Section 360 of the GLA Act 1999 (interpretation) is amended as follows.
(2) In the definition of waste contract in subsection (2) for Part 2 of that Act (waste on land) substitute Part 2 (waste on land) or section 89 of Part 4 (Litter etc.) of that Act..
Amendment No. 1, in clause 39, page 41, line 45, at end insert
(iv) the London Waste Authority,.New schedule 1 London Waste Authority
This is the Schedule that is to be inserted as Schedule 29A to the GLA Act 19991 (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
(b) delivering large capital programmes,
(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.
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.
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.
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).
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