| |
After Clause 314 | |
| |
BY THE LORD WHITTY | |
| 544VAB* |
Insert the following new Clause-- | |
| | (" .--(1) Where at the date on which this section comes into force a waste authority is a party to a waste contract, the authority shall, before the end of the period of 21 days beginning with the date on which this section comes into force, notify the Mayor of the date on which the term of the contract is due to expire.
(2) A waste authority which is a party to a waste contract shall--
(a) at least two years before the date on which the term of the contract is due to expire, but
(b) no earlier than three years before that date,
notify the Mayor of that date.
(3) Subsection (1) above is without prejudice to subsection (2) above.
(4) If at any time before the date on which the term of a waste contract is due to expire a waste authority which is a party to the contract--
(a) proposes to terminate or amend the contract, or
(b) receives notification from another party to the contract that the contract is or is proposed to be terminated or amended,
the authority shall as soon as reasonably practicable notify the Mayor.
(5) Where the Mayor has been notified by a waste authority under subsection (1), (2) or (4) above he may direct the authority to provide him with such information as he may require for the purposes of deciding whether--
(a) the arrangements which the authority is making to enter into a new contract,
(b) the terms upon which the authority is proposing to enter into a new contract, or
(c) the amendments or proposed amendments to the contract,
would be detrimental to the implementation of the municipal waste management strategy.
(6) Where the Mayor gives an authority a direction under subsection (5) above, the authority to whom the direction is given shall comply with the direction.") | Information about existing waste contracts. |
| 544VAC* |
Insert the following new Clause-- | |
| | (" .--(1) If in the awarding of a waste contract a waste authority is required to comply with the public procurement regulations, the authority shall not send the first information notice relating to the awarding of the contract to the Official Journal of the European Communities unless--
(a) the authority has notified the Mayor that it proposes to send such a notice, and
(b) a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.
(2) If in the awarding of a waste contract a waste authority is not required to comply with the public procurement regulations, the authority shall not enter into the contract unless--
(a) the authority has notified the Mayor that it proposes to enter into such a contract, and
(b) a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.
(3) Where the Mayor has been notified under subsection (1) or (2) above he may direct the waste authority to provide him with such information about the contract as he may require for the purposes of deciding whether the contract would be detrimental to the implementation of the municipal waste management strategy.
(4) Where the Mayor gives an authority a direction under subsection (3) above, the authority to whom the direction is given shall comply with the direction.") | Information about new waste contracts. |
| 544VAD* |
Insert the following new Clause-- | |
| | (" .--(1) Nothing in section (Information about existing waste contracts) or (Information about new waste contracts) shall require a waste authority to provide any information if--
(a) the information has been provided to the waste authority by another person,
(b) that person has imposed requirements as to the maintenance by the waste authority of confidentiality in respect of the information,
(c) the waste authority is, by virtue of the public procurement regulations, under a duty to comply with those requirements, and
(d) the provision of the information would be in breach of that duty.
(2) If at the time when information is provided by a waste authority to the Mayor under section (Information about existing waste contracts) or (Information about new waste contracts) above the waste authority notifies the Mayor that, in the opinion of the authority, the information is confidential information or exempt information, the information shall not be disclosed--
(a) by the Mayor, except to a person appointed under section 56(1) or (2) above, or
(b) by such a person, except to another such person.
(3) For the purposes of subsection (2) above-- | Confidential information about waste contracts. |
| | "confidential information" has the meaning given by section 100A(3) of the Local Government Act 1972, but taking the reference to the council in paragraph (a) of that provision as a reference to the waste authority;
"exempt information" shall be construed in accordance with section 100I of that Act, but taking references to a principal council in paragraph 1(2) of Schedule 12A to that Act (meaning of "the authority") as references to a waste authority.") | 1972 c. 70. |
| |
Clause 315 | |
| |
BY THE LORD WHITTY | |
| 544VAE* |
Page 175, leave out line 17 and insert--
("(1) This section applies for the purposes of sections 311 to (Confidential information about waste contracts) above.
(2) The following expressions have the meanings given below--") | |
| 544VAF* |
Page 175, line 26, at end insert--
(""the public procurement regulations" means any of the following-- | |
| | (a) the Public Works Contracts Regulations 1991,
| S.I 1991/2680. |
| | (b) the Public Services Contracts Regulations 1993,
| S.I. 1993/3228. |
| | (c) the Public Supply Contracts Regulations 1995, and
| S.I. 1995/201. |
| | (d) the Utilities Contracts Regulations 1996,")
| S.I. 1996/2911. |
| 544VAG* |
Page 175, line 31, at end insert--
(""waste authority" means--
(a) a waste collection authority in Greater London; or
(b) a waste disposal authority in Greater London,")
| |
| 544VAH* |
Page 175, line 33, after ("Act") insert-- | |
| | (""waste contract" means a contract which includes or is to include provision relating to municipal waste and is made or to be made by a waste authority in the performance of its functions under Part II of the Environmental Protection Act 1990 (waste on land),") | 1990 c. 43. |
| 544VAJ* |
Page 175, line 35, at end insert--
("(3) "First information notice", in relation to the awarding of a waste contract by a waste authority, means--
(a) in a case where the authority is required in the awarding of that contract to comply with-- | |
| | (i) the Public Works Contracts Regulations 1991,
| S.I 1991/2680. |
| | (ii) the Public Services Contracts Regulations 1993, or
| S.I. 1993/3228. |
| | (iii) the Public Supply Contracts Regulations 1995,
| |
| | a notice in respect of that contract sent to the Official Journal of the European Communities in compliance with regulation 9 of the relevant Regulations; or
| S.I. 1995/201. |
| | (b) in a case where the authority is required in the awarding of that contract to comply with the Utilities Contracts Regulations 1996, a notice in respect of that contract sent to the Official Journal of the European Communities in compliance with regulation 14.
(4) "Second information notice", in relation to the awarding of a waste contract by a waste authority, means--
(a) in a case where the authority is required in the awarding of that contract to comply with-- | S.I. 1996/2911. |
| | (i) the Public Works Contracts Regulations 1991,
| S.I 1991/2680. |
| | (ii) the Public Services Contracts Regulations 1993, or
| S.I. 1993/3228. |
| | (iii) the Public Supply Contracts Regulations 1995,
| |
| | a notice in respect of that contract sent to the Official Journal of the European Communities in compliance with regulation 11, 12 or 13 of the relevant Regulations; or
| S.I. 1995/201. |
| | (b) in a case where the authority is required in the awarding of that contract to comply with the Utilities Contracts Regulations 1996, a notice in respect of that contract sent to the Official Journal of the European Communities which in accordance with regulation 15(2)(b) satisfies the requirement of regulation 15(1) to make a call for competition. | S.I. 1996/2911. |
| | (5) Until the date on which the municipal waste management strategy is first published under section 311(1) above, sections 314(1), (Information about existing waste contracts)(5) and (Information about new waste contracts)(3) above have effect as if the references to the municipal waste management strategy were references to the policies contained in the strategy prepared by the Secretary of State in accordance with section 44A of the Environmental Protection Act 1990 (national waste strategy).") | 1990 c. 43. |
| |
Clause 317 | |
| |
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH | |
| 544WA |
Page 176, line 34, leave out ("likely") and insert ("predicted") | |
| 544XA |
Page 176, line 39, leave out ("to be encouraged by the Mayor") | |
| |
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER | |
| 544YA |
Page 176, line 41, at end insert--
("(d) matters which the Mayor considers should be drawn to the attention of the Secretary of State") | |
| |
Clause 324 | |
| |
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH | |
| 544ZA |
Page 179, line 22, at end insert--
("( ) any local authority other than those mentioned in sub-sub-paragraphs (a) and (b) which shall be otherwise affected"") | |
| |
Clause 325 | |
| |
BY THE LORD WHITTY | |
| 544A |
Page 179, line 26, leave out ("contain") and insert ("consist of") | |
| 544B |
Page 179, line 27, at end insert ("and the impact of such noise levels on those living and working in Greater London") | |
| 544C |
Page 179, line 29, leave out from ("above") to ("on") in line 30 | |
| 544D |
Page 179, line 36, leave out subsection (3) and insert--
("(3) In this section--
(a) noise related to transport, including road traffic, rail traffic, aircraft and water transport; and
(b) noise of such other descriptions as the Mayor may consider it appropriate to include in the matters dealt with by the London ambient noise strategy,
but does not include noise falling within subsection (4) below; and
"noise" includes vibration.") | |
| |
BY THE BARONESS HAMWEE
THE BARONESS MILLER OF CHILTHORNE DOMER | |
| 544DA |
Page 179, line 38, leave out ("services") | |
| |
BY THE LORD WHITTY | |
| 544E |
Page 179, line 41, leave out subsection (4) and insert--
("(4) Noise falls within this subsection if it is-- | |
| | (a) noise emitted from works falling within section 60(1) of the Control of Pollution Act 1974 (construction works etc. which may be controlled by a local authority); | 1974 c. 40. |
| | (b) noise caused by the operation of a loud-speaker in a street, whether or not the operation would be a contravention of section 62(1) of the Control of Pollution Act 1974 (loud-speaker not to be operated in the street during certain hours); | 1974 c. 40. |
| | (c) noise at work which, under or by virtue of the Health and Safety at Work Act 1974, it is the duty of an employer to control; or
(d) noise emitted from premises or emitted from or caused by a vehicle, machinery or equipment in a street, except noise caused by aircraft other than model aircraft or noise made by traffic;
but noise does not fall within this subsection if it is noise from a fixed industrial source. | 1974 c. 37. |
| | (4A) Expressions used in paragraph (d), (e) or (f) of subsection (4) above and in section 79 of the Environmental Protection Act 1990 have the same meaning in those paragraphs as they have in that section.") | 1990 c. 43. |
| 544F |
Page 180, line 5, at end insert--
("( ) In preparing or revising the London ambient noise strategy the Mayor shall consult the Environment Agency.") | |
| |
After Clause 325 | |
| |
BY THE LORD WHITTY | |
| 544G |
Insert the following new Clause-- | |
| | (" .--(1) A person who provides air navigation services shall consult the Mayor about the matters specified in subsection (2) below where it is reasonably practicable to do so.
(2) Those matters are--
(a) the proposed alteration by that person of any route used regularly by civil aircraft before arrival at, or after departure from, any aerodrome;
(b) the proposed addition by that person of any route to be so used;
(c) any substantial alteration proposed to be made by that person to procedures used for managing the arrival of civil aircraft at any aerodrome,
where the proposed alteration or addition will have a significant adverse effect on the noise caused by civil aircraft in Greater London.
(3) For the purposes of subsection (2) above the reference to a route used regularly by civil aircraft includes a reference to the altitude at which such aircraft regularly fly.
(4) In this section-- | Consultation about aviation noise. |
| | "aerodrome" has the meaning given by subsection (1) of section 105 of the Civil Aviation Act 1982;
"air navigation services" shall be construed in accordance with that subsection;
"noise" includes vibration.") | 1982 c. 16. |
| 544H |
Insert the following new Clause-- | |
| | (" .--(1) Section 35 of the Civil Aviation Act 1982 (facilities to be provided by certain aerodromes for consultation with bodies representing local interests) shall be amended as follows.
(2) After subsection (2) (persons or bodies to be consulted) there shall be inserted--
"(3) The reference in subsection (2)(b) above to any local authority includes in relation to the area of Greater London a reference to the Mayor of London acting on behalf of the Greater London Authority.") | Consultation at aerodromes.
1982 c. 1. |
| |
After Clause 327 | |
| |
BY THE BARONESS HAMWEE
THE LORD CLEMENT-JONES
THE LORD REA | |
| 545 |
Insert the following new Clause-- | |
| | (" .--(1) There shall be an advisory body appointed by the Mayor to be known as the Mayor's Health Strategy Group.
(2) The Mayor's Health Strategy Group shall have--
(a) the function of providing advice to the Mayor on the contents of the London public health report under section (London public health report);
(b) the function of providing advice to the Mayor on the contents of the state of the environment report;
(c) the function of providing advice to the Mayor on the contents and implementation of the London air quality strategy and the London ambient noise strategy;
(d) the function of providing advice to the Mayor in connection with the Mayor's consideration of the matters referred to in subsection (3) below.
(3) These matters are--
(a) the promotion of social development in Greater London,
(b) the promotion of improvements in the health of persons in Greater London,
(c) the effect of the proposed contents of the strategies prepared or revised under section 33 above on the health of persons in Greater London.") | Mayor's Health Strategy Group. |
