|
| |
| |
| |
| |
(1) | In sections 59 to 67 and this section “reporting authority” means— |
| |
(a) | a person or body with functions of a public nature, |
| |
(b) | a person who is or is deemed to be a statutory undertaker for the |
| 5 |
purposes of any provision of— |
| |
(i) | Part 11 of the Town and Country Planning Act 1990 (c. 8) (see |
| |
section 262 of that Act), or |
| |
(ii) | Part 10 of the Town and Country Planning (Scotland) Act 1997 |
| |
(c. 8) (see section 214 of that Act), or |
| 10 |
(c) | a person who is a statutory undertaker within the meaning of the |
| |
Planning (Northern Ireland) Order 1991 (S.I. 1991/1220 (N.I. 11)) (see |
| |
Article 2(1) of that Order). |
| |
(2) | None of the following are reporting authorities for the purposes of those |
| |
sections and this section— |
| 15 |
(a) | a Minister of the Crown; |
| |
(b) | either House of Parliament; |
| |
(c) | a devolved authority; |
| |
(d) | a devolved legislature. |
| |
(3) | In those sections and this section “devolved authority” means— |
| 20 |
(a) | the Welsh Ministers, the First Minister or the Counsel General, |
| |
(b) | the Scottish Ministers, the First Minister, the Lord Advocate or the |
| |
Solicitor General for Scotland, or |
| |
(c) | a Minister within the meaning of the Northern Ireland Act 1998 (c. 47) |
| |
or a Northern Ireland department. |
| 25 |
(4) | References in those sections to a reporting authority’s “devolved functions” are |
| |
| |
(a) | conferred or imposed by or under a Measure or Act of the National |
| |
| |
(b) | exercisable in or as regards Wales and relating to matters within the |
| 30 |
legislative competence of the National Assembly for Wales, |
| |
(c) | exercisable in or as regards Scotland and relating to matters within the |
| |
legislative competence of the Scottish Parliament, |
| |
(d) | exercisable in or as regards Northern Ireland and relating to transferred |
| |
matters within the meaning of the Northern Ireland Act 1998, or |
| 35 |
(e) | in relation to which functions are exercisable by a devolved authority, |
| |
| and in relation to which no functions are exercisable by a Minister of the |
| |
| |
(5) | For this purpose functions are not to be regarded as exercisable by a Minister |
| |
of the Crown in relation to a reporting authority’s functions merely because— |
| 40 |
(a) | the Minister of the Crown may exercise functions— |
| |
(i) | under section 2(2) of the European Communities Act 1972 |
| |
| |
(ii) | by virtue of section 57(1) or under section 58 of the Scotland Act |
| |
1998 (c. 46) (Community and international obligations), |
| 45 |
(iii) | under section 27 or 28 of the Northern Ireland Act 1998 |
| |
(international etc obligations), |
| |
| |
| |
|
| |
| |
(iv) | by virtue of paragraph 5 of Schedule 3 to the Government of |
| |
Wales Act 2006 (c. 32) or under section 82 of that Act |
| |
(Community and international obligations), or |
| |
(v) | under section 152 of that Act (intervention in case of functions |
| |
| 5 |
| in relation to the reporting authority’s functions, |
| |
(b) | the Minister of the Crown’s agreement is required to the exercise of a |
| |
function by a devolved authority in relation to the reporting authority’s |
| |
| |
(c) | the Minister of the Crown must be consulted by a devolved authority |
| 10 |
about the exercise of a function in relation to the reporting authority’s |
| |
| |
(6) | References in those sections to a reporting authority’s “devolved Welsh |
| |
functions” are to functions— |
| |
(a) | conferred or imposed by or under a Measure or Act of the National |
| 15 |
| |
(b) | exercisable in or as regards Wales and relating to matters within the |
| |
legislative competence of the National Assembly for Wales, or |
| |
(c) | in relation to which functions are exercisable by the Welsh Ministers, |
| |
the First Minister or the Counsel General. |
| 20 |
(7) | For this purpose functions are not to be regarded as exercisable by the Welsh |
| |
Ministers, the First Minister or the Counsel General in relation to a reporting |
| |
authority’s functions merely because— |
| |
(a) | the agreement of the Welsh Ministers, the First Minister or the Counsel |
| |
General is required to the exercise of a function by a Minister of the |
| 25 |
Crown in relation to the reporting authority’s functions, or |
| |
(b) | the Welsh Ministers, the First Minister or the Counsel General must be |
| |
consulted by a Minister of the Crown about the exercise of a function in |
| |
relation to the reporting authority’s functions. |
| |
(8) | In those sections and this section— |
| 30 |
(a) | “Counsel General” and “Wales” have the same meanings as in the |
| |
Government of Wales Act 2006 (c. 32); |
| |
(b) | “Minister of the Crown” includes a government department. |
| |
| |
| 35 |
| |
69 | Waste reduction schemes |
| |
(1) | Schedule 5 amends the Environmental Protection Act 1990 (c. 43) to provide |
| |
for the making of waste reduction schemes. |
| |
(2) | The provisions inserted by that Schedule may only be brought into force in |
| 40 |
accordance with sections 70 to 73 below. |
| |
(3) | In those sections “the waste reduction provisions” means the provisions |
| |
inserted by that Schedule and any subordinate legislation made under those |
| |
| |
| |
| |
|
| |
| |
70 | Waste reduction provisions: piloting |
| |
(1) | If a waste collection authority submits to the Secretary of State proposals for a |
| |
waste reduction scheme and the proposals are approved by the Secretary of |
| |
State as suitable for piloting one or more aspects of the waste reduction |
| |
| 5 |
(a) | the Secretary of State may by order designate the area of that authority |
| |
| |
(b) | the authority may make a scheme in accordance with the proposals. |
| |
(2) | Not more than five areas may be so designated. |
| |
(3) | The order designating a pilot area shall provide that the waste reduction |
| 10 |
provisions have effect in relation to that area, for the purpose of enabling the |
| |
authority to make and operate the proposed scheme, for such period as may be |
| |
| |
(4) | Any power to make subordinate legislation or issue guidance under the waste |
| |
| 15 |
(a) | may be exercised so as to make different provision for different pilot |
| |
| |
(b) | may be exercised in relation to a pilot area at the same time as an order |
| |
is made designating that area. |
| |
(5) | If a draft of an instrument containing such subordinate legislation would, apart |
| 20 |
from this subsection, be treated for the purposes of the standing orders of |
| |
either House of Parliament as a hybrid instrument, it is to proceed in that |
| |
House as if it were not such an instrument. |
| |
71 | Waste reduction provisions: report and review |
| |
(1) | The Secretary of State shall lay before Parliament a report on the operation of |
| 25 |
the waste reduction provisions in each pilot area. |
| |
(2) | The report must contain, in respect of each pilot area to which it relates— |
| |
(a) | a description of the scheme and of the respects in which the provision |
| |
made by it differed from that made by the schemes in other pilot areas; |
| |
(b) | a copy of the order made by the Secretary of State under section 70; |
| 30 |
(c) | a description of the respects in which the relevant enactments and |
| |
guidance applying in that area differed from that applying— |
| |
(i) | in other pilot areas, and |
| |
(ii) | in areas not designated as pilot areas; and |
| |
(d) | an assessment of the scheme’s success or otherwise. |
| 35 |
(3) | The report must also contain a review of the waste reduction provisions in the |
| |
light of their operation in the pilot area or areas to which the report relates. |
| |
72 | Waste reduction provisions: interim report |
| |
(1) | If it appears to the Secretary of State that it will not be possible to lay a report |
| |
under section 71 in relation to a pilot area before the end of three years |
| 40 |
beginning with the day this Act is passed, the Secretary of State must lay before |
| |
Parliament an interim report in relation to that pilot area before the end of that |
| |
| |
(2) | The interim report must contain— |
| |
| |
| |
|
| |
| |
(a) | a description of the scheme and of the respects in which the provision |
| |
made or to be made by it differs from that made by the schemes in other |
| |
| |
(b) | a copy of the order made by the Secretary of State under section 70; and |
| |
(c) | a description of the respects in which the relevant enactments and |
| 5 |
guidance applying in that area differ from that applying— |
| |
(i) | in other pilot areas, and |
| |
(ii) | in areas not designated as pilot areas. |
| |
(3) | If the scheme has not been implemented, the interim report must contain a |
| |
description of the progress made towards its implementation. |
| 10 |
(4) | Otherwise, the interim report must contain— |
| |
(a) | a description of the scheme’s operation, and |
| |
(b) | an assessment of the progress made towards achieving the scheme’s |
| |
objectives, if such an assessment can reasonably be made. |
| |
73 | Waste reduction provisions: roll-out or repeal |
| 15 |
(1) | The following provisions apply after section 71 has been complied with in |
| |
relation to one or more pilot areas. |
| |
(2) | The Secretary of State may by order— |
| |
(a) | provide that the waste reduction provisions shall come into force |
| |
generally on such date as is specified in the order; or |
| 20 |
(b) | make such amendments of the waste reduction provisions as appear to |
| |
the Secretary of State to be necessary or expedient having regard to the |
| |
operation of the provisions in the pilot areas, and provide that those |
| |
provisions as amended shall come into force generally on such date as |
| |
is specified in the order. |
| 25 |
(3) | The amendments may include provision conferring power on the Secretary of |
| |
State to make subordinate legislation. |
| |
(4) | Where the amendments include such provision, they must also include |
| |
| |
(a) | for a statutory instrument containing the subordinate legislation to be |
| 30 |
subject to annulment in pursuance of a resolution of either House of |
| |
| |
(b) | requiring a draft of such an instrument to be laid before and approved |
| |
by resolution of each House of Parliament before the subordinate |
| |
| 35 |
| as the Secretary of State thinks fit. |
| |
(5) | If the Secretary of State decides not to make an order under subsection (2), the |
| |
Secretary of State must make an order repealing the waste reduction |
| |
| |
(6) | Any order under subsection (2)(b) or (5) is subject to affirmative resolution |
| 40 |
| |
| |
| |
|
