Select Committee on Delegated Powers and Deregulation Sixteenth Report



Part IX: ENVIRONMENTAL FUNCTIONS

CLAUSE 284 - DIRECTIONS BY THE SECRETARY OF STATE

Subsections (1), (2) and (3) Enable the Secretary of State to direct the Mayor about the content of the municipal waste management strategy if the strategy or its implementation is likely to be detrimental to any area outside London, or if a direction is required to implement the policies in the Secretary of State's National Waste Strategy.

Purpose To ensure consistency between the policies contained in the Mayor's municipal waste management strategy and the National Waste Strategy, and to ensure that the Mayor's municipal waste management strategy or its implementation would not cause detriment to any area outside Greater London.

Reason for proposing delegated powers Direction making powers are sought to ensure that the Mayor develops his or her municipal waste management strategy within the framework of the National Waste Strategy, as the Mayor is required to do under clause 267. They are also sought to ensure that the Mayor's municipal waste management strategy or its implementation would not cause detriment to any area outside Greater London.

Parliamentary procedure No parliamentary procedure. A direction may only be made after the Mayor has been consulted.

Clause 286 - Directions by the Mayor

Subsection (1) Enables the Mayor to direct any waste collection or waste disposal authority in Greater London, where the Mayor considers that it is necessary for the purposes of the implementation of his or her municipal waste management strategy, requiring the authority to exercise a function in a manner specified in the direction or to not exercise a function in a manner specified in the direction.

Purpose To enable the Mayor to implement his or her municipal waste management strategy.

Reason for proposing delegated powers Direction making powers are sought to enable the Mayor to have the flexibility to implement his or her municipal waste management strategy and to enable the Mayor to take the strategic lead in the management of municipal waste in Greater London.

Parliamentary procedure No parliamentary procedure. A direction may only be made after the waste collection authority or waste disposal authority concerned has been consulted.

CLAUSE 288 - WASTE RECYCLING PLANS

Subparagraph (3) Amends subsection 49(4) of the Environmental Protection Act 1990 so that waste collection authorities in Greater London must submit their draft waste recycling plan, or a modification of the plan, to the Mayor. It also places a duty on the Mayor to check that the draft waste recycling plan complies with subsection 49(3) of that Act. Where the draft plan does not comply with subsection 49(3), the Mayor may give to the authority such directions as he or she considers necessary for securing compliance with subsection 49(3).

Subparagraph (5) Amends subsection 49(7) of the Environmental Protection Act 1990 so that the Mayor is able to direct waste collection authorities in Greater London as to the time by which the authority is to perform any duty imposed by section 49 of that Act specified in the direction.

Purpose To give to the Mayor all the powers in relation to waste recycling plans prepared by waste collection authorities in Greater London which are currently held under section 49 of the Environmental Protection Act 1990 by the Secretary of State.

Reason for proposing delegated powers Section 49 of the Environmental Protection Act 1990 places a duty on waste collection authorities to prepare waste recycling plans. Subsection 49(3) sets out specific information which the waste recycling plan must contain. The Secretary of State is under a duty to check that draft waste recycling plans submitted to him comply with subsection 49(3), and may issue direction to secure compliance.

Subsection 267(3) of the Bill places a duty on the Mayor to have regard to the waste recycling plans prepared by the waste collection authorities in Greater London when preparing his or her municipal waste management strategy. Clause 269 of the Bill places a duty on the waste collection authorities in Greater London to have regard to the Mayor's municipal waste management strategy when exercising any function under Part II of the Environmental Protection Act 1990, including the preparation of waste recycling plans. There will therefore be a high degree of consistency between the Mayor's municipal waste management strategy and the waste collection authorities' waste recycling plans. The consistency should be enhanced and strengthened by giving the Mayor the powers presently with the Secretary of State for waste recycling plans prepared by the waste collection authorities in Greater London.

Procedure No parliamentary procedure.

CLAUSE 290 - DIRECTIONS BY THE SECRETARY OF STATE

Subsections (1), (2) and (3) enable the Secretary of State to direct the Mayor about the content of the London Air Quality Strategy if the Strategy or its implementation is likely to be detrimental to any area outside London, or if a direction is required to implement the policies in the Secretary of State's National Air Quality Strategy.

Purpose To ensure consistency between the policies contained in the London Air Quality Strategy and the National Air Quality Strategy, and to ensure that the London Air Quality Strategy or its implementation would not cause detriment to any area outside Greater London.

Reason for proposing delegated powers Direction making powers are sought to ensure that the Mayor develops the London Air Quality Strategy within the framework of the National Air Quality Strategy, as the Mayor is required to do under clause 273. They are also sought to ensure that the London Air Quality Strategy or its implementation would not cause detriment to any area outside Greater London.

Parliamentary procedure No parliamentary procedure. The Mayor will be consulted before a direction is given.

CLAUSE 292 - DIRECTIONS BY THE MAYOR

Subsection (1) Enables the Mayor to direct any local authority in Greater London, requiring it to provide him with such information, advice and assistance as he may require in preparing or revising the London Air Quality Strategy.

Purpose To enable the Mayor to meet the requirements under clause 273, relating to the preparation of the London Air Quality Strategy, by drawing on the information and expertise of local authorities in Greater London.

Reason for proposing delegated powers Direction making powers are sought to enable the Mayor to obtain information relating to the exercise by London local authorities of their air quality management functions under the Environment Act 1995. The Mayor may require such information when preparing or revising the London Air Quality Strategy.

Parliamentary procedure No parliamentary procedure.

CLAUSE 294 - DIRECTIONS UNDER THE ENVIRONMENT ACT 1995

Subparagraphs (2) and (3) amend subsection 85(1) of the Environment Act 1995 to give the Mayor all the powers in relation to Greater London which are currently held by the Secretary of State under that section.

Purpose To give to the Mayor all the powers in relation to Greater London which are currently held under section 85 of the Environment Act 1995 by the Secretary of State, thereby allowing the Mayor to direct London local authorities in relation to the exercise of their functions under Part IV of the Environment Act 1995.

Reason for proposing delegated powers Direction making powers are sought to enable the Mayor to have the flexibility to implement the London Air Quality Strategy and to supervise the operation of the local air quality management regime in London.

Parliamentary procedure No parliamentary procedure. The local authority concerned will be consulted before a direction is given.


 
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