The Waste Regulation and Disposal (Authorities) Order 1985

Article 2

SCHEDULE 1AUTHORITIES ESTABLISHED BY THIS ORDER

PART ILONDON WASTE REGULATION AUTHORITY

Area: Greater London.

Functions: the functions vested in it by Schedule 2 (being functions relating to waste regulation).

PART IIWEST LONDON WASTE AUTHORITY

Area: the area comprising the areas of the authority's constituent councils.

Functions: the functions vested in it by Schedule 2 (being functions relating to waste disposal).

PART IIINORTH LONDON WASTE AUTHORITY

Area: the area comprising the areas of the authority's constituent councils.

Functions: the functions vested in it by Schedule 2 (being functions relating to waste disposal).

PART IVEAST LONDON WASTE AUTHORITY

Area: the area comprising the areas of the authority's constituent councils.

Functions: the functions vested in it by Schedule 2 (being functions relating to waste disposal).

PART VWESTERN RIVERSIDE WASTE AUTHORITY

Area: the area comprising the areas of the authority's constituent councils.

Functions: the functions vested in it by Schedule 2 (being functions relating to waste disposal).

PART VIGREATER MANCHESTER WASTE DISPOSAL AUTHORITY

Area: the metropolitan county of Greater Manchester for its waste regulation functions and that county (excluding the metropolitan district of Wigan) for its waste disposal functions.

Functions: the functions vested in it by Schedule 2 (being functions relating to waste regulation and disposal).

PART VIIMERSEYSIDE WASTE DISPOSAL AUTHORITY

Area: the metropolitan county of Merseyside.

Functions: the functions vested in it by Schedule 2 (being functions relating to waste regulation and disposal).

Article 5

SCHEDULE 2FUNCTIONS

Interpretation

1.  In this Schedule “London waste disposal authority” means an authority established by Part II, III, IV or V of Schedule 1.

Radioactive Substances Act 1960

2.  Section 19(1) of the Radioactive Substances Act 1960 (general interpretation provisions) shall have effect as if at the end of the definition of “local authority” the following words were added “or an authority established by the Waste Regulation and Disposal (Authorities) Order 1985”.

Local Government Act 1972

3.—(1) Paragraphs 5 and 6 of Schedule 14 to the Local Government Act 1972(1) (exercise of refuse disposal powers under sections 74(2) and 76(1) of the Public Health Act 1936 and charges) shall have effect as if references to a non-metropolitan county and its council included references to the areas of the following authorities and those authorities respectively—

(a)a London waste disposal authority;

(b)the Greater Manchester Waste Disposal Authority; and

(c)the Merseyside Waste Disposal Authority.

(2) In this paragraph “area”, in relation to the Greater Manchester Waste Disposal Authority, means the metropolitan county of Greater Manchester excluding the metropolitan district of Wigan.

Control of Pollution Act 1974

4.  The Control of Pollution Act 1974(2) shall be modified as follows.

5.  Section 2 (preparation and revision of waste disposal plans) shall have effect as if—

(a)after subsection (3)(a)(i) the following sub-paragraphs were inserted—

“(ia)in a case where the plan or modification is prepared by a London waste disposal authority, the Common Council of the City of London or the council of a London borough, the London Waste Regulation Authority, and

  

(ib)in a case where the plan or modification is prepared by the council of the metropolitan district of Wigan, the Greater Manchester Waste Disposal Authority, and”;

and

(b)in subsections (3)(a)(ii) and (4) after the words “an English county disposal authority” the following words were inserted “or a London waste disposal authority”.

6.  Section 5(4) (consultation on proposal to issue a disposal licence) shall have effect as if for paragraph (a) the following paragraph were substituted—

“(a)to refer the proposal to any water authority whose area includes any part of the relevant land and—

(i)in the case of the London Waste Regulation Authority, to any London waste disposal authority and any collection authority whose area includes any part of the relevant land;

(ii)in the case of an English county disposal authority, to any collection authority whose area includes any part of the relevant land; and”.

7.  Section 11 (special provisions for land occupied by disposal authorities) shall have effect as if—

(a)in subsection (3) for paragraph (c) the following paragraph were substituted—

“(c)to refer the proposal and the statement to any water authority whose area includes any of the land in question and—

(i)in the case of the London Waste Regulation Authority, to any London waste disposal authority and any collection authority whose area includes any of the land in question;

(ii)in the case of an English county disposal authority, to any collection authority whose area includes any of the land in question;”;

(b)in subsection (3)(d) after the words “a water authority” the following words were inserted “, London waste disposal authority”; and

(c)at the end of subsection (11) the following subsection were inserted—

“(12) Any resolution passed in pursuance of this section by the Greater London Council or the Greater Manchester County Council which is in force immediately before 1st April 1986 in relation to land transferred by or under the Local Government Act 1985 to a London waste disposal authority, the Common Council of the City of London, the council of a London borough or the council of the metropolitan district of Wigan (“the transferee authority”) shall have effect from that date as if it were a disposal licence granted under section 5 of this Act by the London Waste Regulation Authority or, as the case may be, the Greater Manchester Waste Disposal Authority to the transferee authority to use the land in question subject to the conditions specified in the resolution.”.

8.  Section 12 (collection of waste) shall have effect as if—

(a)in subsection (2)—

(i)after the words “English county disposal authority” the following words were inserted “, each London waste disposal authority”;

(ii)for the words “an English collection authority” there were substituted the words “a collection authority in England whose area is included in the area of a disposal authority”;

(iii)for the words “the relevant disposal authority” the following words were substituted “the disposal authority”; and

(b)in subsections (6) and (8) after the words “English county disposal authority” the following words were inserted “, a London waste disposal authority”.

9.  Section 13(4) (dustbins etc.) shall have effect as if after the words “English county disposal authority” the following words were inserted “, a London waste disposal authority”.

10.  Section 14 (disposal of waste in England and Wales) shall have effect as if—

(a)in subsection (1)—

(i)after the words “English collection authority” the following words were inserted “and each collection authority in the area of a London waste disposal authority”;

(ii)for the words “the relevant disposal authority” the following words were substituted “the disposal authority whose area includes that of the collection authority (`the relevant disposal authority')”;

(iii)for the words “disposal authority” in each place where they subsequently occur the following words were substituted “relevant disposal authority”; and

(b)in subsections (2) and (8) for the words “an English collection authority” in each place where they occur the following words were substituted “a collection authority”.

11.  Section 30 (interpretation) shall have effect as if—

(a)in subsection (1) the definitions of “disposal authority”, “English county disposal authority” and “relevant disposal authority” were omitted and the following definitions were inserted at appropriate places—

“`area', in relation to the Greater Manchester Waste Disposal Authority, means—

`disposal authority' has the meaning given by subsections (2A) to (2D) of this section;

`English county disposal authority' means the council of a county in England, the Greater Manchester Waste Disposal Authority or the Merseyside Waste Disposal Authority;

`London waste disposal authority' means an authority established by Part II, III, IV or V of Schedule 1 to the Waste Regulation and Disposal (Authorities) Order 1985;

`waste disposal provisions' means—

“waste regulation provisions' means—

;”;

; and

(b)after subsection (1) the following subsections were inserted—

“(2A) In Greater London the disposal authority is—

(a)for the purposes of the waste disposal provisions of this Act—

(i)in the area of a London waste disposal authority, that authority;

(ii)in the City of London, the Common Council;

(iii)in any other London borough, the council of that borough; and

(b)for the purposes of the waste regulation provisions of this Act, the London Waste Regulation Authority.

  

(2B) In the metropolitan county of Greater Manchester the disposal authority is—

(a)for the purposes of the waste disposal provisions of this Act—

(i)in the metropolitan district of Wigan, the district council;

(ii)in all other areas in the county, the Greater Manchester Waste Disposal Authority; and

(b)for the purposes of the waste regulation provisions of this Act, the Greater Manchester Waste Disposal Authority.

  

(2C) In the metropolitan county of Merseyside the disposal authority is the Merseyside Waste Disposal Authority.

  

(2D) In all other local authority areas in England the disposal authority is the council of the county or metropolitan district and in Wales it is the council of the district.”.

12.  Section 98 (interpretation) shall have effect as if in paragraph (a) of the definition of “relevant authority” after the words “Middle Temple” the following words were inserted “, any authority established by the Waste Regulation and Disposal (Authorities) Order 1985”.

The Refuse Disposal (Amenity) Act 1978

13.  The Refuse Disposal (Amenity) Act 1978(3) shall have effect subject to the following modifications.

14.—(1) In the area of a London waste disposal authority section 1 (provision by local authorities for disposal of refuse) shall have effect as if—

(a)in subsection (3) the words “or disposal” were omitted; and

(b)in subsection (4) the words “and dispose of” were omitted.

(2) Where the council of a London borough provides a place for the deposit of refuse in pursuance of section 1 in the area of a London waste disposal authority, the authority shall be under a duty to sell or otherwise dispose of refuse deposited at that place and the council shall afford them access for that purpose at all reasonable times.

(3) A London waste disposal authority shall have power to provide plant and apparatus for the disposal of refuse in pursuance of sub-paragraph (2) and, where the council enter into an agreement with a person under section 1(4), the authority shall also have power to enter into an agreement with that person for the discharge of its duty under sub-paragraph (2).

(4) Section 1(7) shall have effect as if for the definition of “local authority” the following definition were substituted—

“”`local authority' means, in relation to England—

15.  Section 3 (removal of abandoned vehicles) shall have effect as if—

(a)after subsection (5) the following subsection were inserted—

“(6) Any vehicle removed under this section by the council of a London borough whose area is included in the area of a London waste disposal authority, or by the council of a metropolitan district whose area is included in the area of the Greater Manchester Waste Disposal Authority or the Merseyside Waste Disposal Authority, shall be delivered by them to the authority in question in accordance with such arrangements (including arrangements as to the sharing of any expenses incurred or sums received by the council and the authority under this Act) as may be agreed between the council and the authority or, in default of agreement, as may be determined by arbitration.”;

(b)subsection (8) shall have effect as if after the words “local authority” the following words were inserted—

“, a London waste disposal authority, the Greater Manchester Waste Disposal Authority, the Merseyside Waste Disposal Authority”

; and

(c)at the end of subsection (9) the following

subsection were inserted—

“(10) In this section and section 5 the area of the Greater Manchester Waste Disposal Authority is the metropolitan county of Greater Manchester excluding the metropolitan district of Wigan.”.

16.  Section 4 (disposal of removed vehicles) shall have effect as if for subsection (8) the following subsection were substituted—

“(8) In this section `local authority' means , in relation to England—

(a)in the area of a London waste disposal authority, that authority;

(b)in other areas of Greater London, the council of a London borough or the Common Council;

(c)in the metropolitan county of Greater Manchester (excluding the metropolitan district of Wigan), the Greater Manchester Waste Disposal Authority;

(d)in the metropolitan county of Merseyside, the Merseyside Waste Disposal Authority; and

(e)in other areas in England, the council of the county or metropolitan district.”.

17.  Section 5 (recovery of expenses connected with removed vehicles) shall have effect as if—

(a)in subsection (4) for the definition of “appropriate authority” the following definition were substituted—

“`appropriate authority' means —

; and

(b)in subsection (5) after the words “subsection (1)(b) above” there were inserted the following paragraph—

“(a)a vehicle removed in pursuance of section 3(1) above by the council of a London borough whose area is included in the area of a London waste disposal authority, or by the council of a metropolitan district whose area is included in the area of the Greater Manchester Waste Disposal Authority or the Merseyside Waste Disposal Authority, shall be treated as in the control of the authority in question while it was in the custody of the council by whom it was so removed; and ”.

18.  Section 11(1) (interpretation) shall have effect as if the following definition were inserted after the definition of “local authority”—

“”`London waste disposal authority' means an authority established by Part II, III, IV or V of Schedule 1 to the Waste Regulation and Disposal (Authorities) Order 1985;”.

Regulations

19.  The Control of Pollution (Licensing of Waste Disposal) Regulations 1976 and the Control of Pollution (Special Waste) Regulations 1980 shall have effect as if—

(a)in relation to Greater London, references to a disposal authority were references to the London Waste Regulation Authority;

(b)in relation to the metropolitan county of Greater Manchester, references to a disposal authority were references to the Greater Manchester Waste Disposal Authority; and

(c)in relation to the metropolitan county of Merseyside, references to a disposal authority were references to the Merseyside Waste Disposal Authority.

Article 10

SCHEDULE 3APPLICATION OF LOCAL AUTHORITY PROVISIONS

Local Government Act 1972

1.  The following provisions of the Local Government Act 1972(4) shall have effect as if references to a joint authority included references to an authority established by this order—

(a)section 70 (restriction on promotion of Bills for changing local government areas);

(b)section 80(1)(a) and (2)(b) (disqualification for election and holding office);

(c)section 85(4) (failure to attend meetings);

(d)section 86(2) (declaration of vacancy);

(e)section 92(7) (proceedings for disqualification);

(f)section 98(1A) (pecuniary interests);

(g)section 99 (meetings and proceedings);

(h)section 100J(1)(b) (access to information)(5);

(i)section 101(13) (discharge of functions);

(j)section 146A(1) (miscellaneous powers of local authorities);

(k)section 153(3) (application of capital money);

(l)sections 176(3) and 177(1)(ac) (allowances to members);

(m)section 223(2) (legal proceedings);

(n)sections 224(2), 225(3), 228(7A), 229(8), 230(2), 231(4), 232(1A), 233(11) and 234(4) (documents and notices);

(o)section 239(4A) (promoting and opposing local or personal Bills); and

(p)paragraphs 6A and 46 of Schedule 12 (meetings and proceedings).

2.  Sections 82, 84(2) and 90 of the Local Government Act 1972 (validity of acts done by unqualified persons, resignation and term of office of person filling casual vacancy)(6) shall have effect as if references to a person appointed to an office under Part IV of the Local Government Act 1985 included references to a person appointed to an office under this order.

3.  In relation to an authority established by this order—

(a)section 173A(3) of the Local Government Act 1972 (financial loss allowances)(7) shall have effect as if for the word “election” in both places where it occurs the following word were substituted “appointment”;

(b)section 177 of that Act (attendance allowances) shall have effect as if—

(i)in subsection (2) for the words “paragraphs (b) to (f) of subsection (1) above” the following words were substituted “paragraphs (ab) to (f) of subsection (1) above”;

(ii)after that subsection the following subsection were inserted—

“(2AA) References in section 173 and 173A above to a local authority and a councillor include references to an authority established by the Waste Regulation and Disposal (Authorities) Order 1985 and a member of the authority appointed by one of its constituent councils, but in this subsection `member' does not include a person deemed to be a member by virtue of subsection (3) below”

; and

(c)paragraph 6B of Schedule 12 to that Act(8) shall have effect as if after the words “in the case of a joint authority” the following words were inserted “, two members in the case of an authority established by the Waste Regulation and Disposal (Authorities) Order 1985”.

Other enactments

4.  The following enactments(9) shall have effect as if references to a joint authority established by Part IV of the Local Government Act 1985 included references to an authority established by this order—

(a)section 69(1) of the Landlord and Tenant Act 1954;

(b)paragraph 1(aa) of the Schedule to the Public Bodies (Admission to Meetings) Act 1960;

(c)section 11(4)(a) of the Trustee Investment Act 1961;

(d)section 85(2) of the General Rate Act 1967;

(e)section 28(5)(a) of the Leasehold Reform Act 1967;

(f)section 86(1) of the Post Office Act 1969;

(g)section 3(2) of the Employers' Liability (Compulsory Insurance) Act 1969;

(h)section 1(4) of the Local Authorities (Goods and Services) Act 1970;

(i)section 144(2)(a) of the Road Traffic Act 1972;

(j)section 13(7)(f) of the Employment Agencies Act 1973;

(k)sections 25(1)(c) and 26(11)(b) of the Local Government Act 1974;

(l)section 28(6) of the Health and Safety at Work Act 1974;

(m)section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976;

(n)section 71 of the Race Relations Act 1976;

(o)section 5(3)(bb) of the Rent (Agriculture) Act 1976

(p)section 14(cb) of the Rent Act 1977;

(q)section 64(6) of the Justices of the Peace Act 1979;

(r)section 19(1) of, paragraph 1(3)(ab) of Schedule 1 and paragraph 9(2)(a) of Schedule 1A to, the Housing Act 1980(10);

(s)sections 2(1)(ka), 20(1), 71(1)(j) and 99(4)(db) of and paragraph 5B of Schedule 16 to the Local Government, Planning and Land Act 1980;

(t)section 17(4)(a) of the Acquisition of Land Act 1981;

(u)sections 33(9)(a) and (b) and 41(13)(e) of the Local Government (Miscellaneous Provisions) Act 1982;

(v)paragraph 7(2)(a) of Schedule 1 to the Stock Transfer Act 1982;

(w)section 60(3) of the County Courts Act 1984(11);

(x)section 4(e) of the Housing Act 1985; and

(y)section 38 of the Landlord and Tenant Act 1985.

5.  Sections 5(3) and 75(4) of the London Government Act 1963(12) shall have effect as if after the words “the Inner London Education Authority” the following words were inserted “, an authority established by Part I, II, III, IV or V of the Waste Regulation and Disposal (Authorities) Order 1985”.