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Waste and Emissions Trading Bill [HL]


 
 

Waste and Emissions Trading Bill [HL]

COMMONS AMENDMENTS

[The page and line references are to Bill 66 as first printed for the Commons.]

Clause 1

1

Page 2, line 6, at end insert—

 

     “( )       Subsection (4) may be satisfied by consultation before, as well as by

 

consultation after, the coming into force of this section.”

Clause 3

2

Page 3, line 16, leave out “(4) and (5)” and insert “(3) and (4)”

3

Page 3, line 25, at end insert—

 

     “( )       Subsection (8) may be satisfied by consultation before, as well as by

 

consultation after, the coming into force of this section.”

Clause 12

4

Page 9, line 11, leave out “, and evidence as to,”

5

Page 9, line 13, at end insert—

 

                  “(ii)                    evidence to substantiate information supplied for the

 

purpose of complying with requirements imposed under

 

sub-paragraph (i);

 

                  (iii)                    evidence to substantiate entries in records maintained for

 

the purpose of complying with provision made under

 

subsection (1);”

Clause 17

6

Page 11, line 29, leave out subsection (4)

7

Page 11, line 32, leave out subsection (5)

Clause 22

8

Page 15, line 24, leave out subsection (4)

 
 
HL Bill 11453/2

 
 

    (  2  )

 

Clause 23

9

Page 15, line 43, after “adding” insert “or omitting”

10

Page 15, line 43, at end insert—

 

           “(ba)              providing for a scheme year to be a period shorter or longer than a

 

year;”

Clause 27

11

Page 17, line 44, at end insert—

 

     “( )       Subsection (2) may be satisfied by consultation before, as well as by

 

consultation after, the coming into force of this section.”

Clause 29

12

Page 19, line 17, leave out from “statements” to end of line 19

13

Page 19, line 29, leave out paragraph (l)

14

Page 19, line 38, leave out from “Wales” to end of line 42

Clause 31

15

Page 20, line 32, at end insert—

 

           “(4B)              Before exercising its power to include requirements about

 

separation in directions under subsection (4)(a) above, a waste

 

disposal authority shall consult the waste collection authorities

 

within its area.

 

           (4C)              In exercising its power to include requirements about separation in

 

directions under subsection (4)(a) above, a waste disposal authority

 

shall have regard to any guidance given by the Secretary of State as

 

to the exercise of that power.

 

           (4D)              A waste disposal authority which includes requirements about

 

separation in directions given under subsection (4)(a) above shall

 

notify the waste collection authorities to which the directions are

 

given of its reasons for including the requirements.”

 

     (4)       After section 52 there is inserted—

 

       “52A            Payments for delivering waste pre-separated

 

           (1)           A waste disposal authority in England which is not also a waste

 

collection authority shall pay to a waste collection authority within

 

its area such amounts as are needed to ensure that the collection


 
 

    (  3  )

 
 

authority is not financially worse off as a result of having to comply

 

with any separation requirements.

 

           (2)           A waste disposal authority in England which is not also a waste

 

collection authority may pay to a waste collection authority within

 

its area—

 

                  (a)                 which performs its duty under section 48(1) above by

 

delivering waste in a state of separation, but

 

                  (b)                 which is not subject to any separation requirements as

 

respects the delivery of that waste,

 

                         contributions of such amounts as the disposal authority may

 

determine towards expenditure of the collection authority that is

 

attributable to its delivering the waste in that state.

 

           (3)                         The Secretary of State may by regulations make provision about

 

how amounts to be paid under subsection (1) above are to be

 

determined.

 

           (4)           Regulations under subsection (3) above may include provision for

 

amounts to be less than they would otherwise be (or to be nil) if

 

conditions specified in the regulations are not satisfied.

 

           (5)           Any question arising under subsection (1) above shall, in default of

 

agreement between the paying and receiving authorities, be

 

determined by arbitration.

 

           (6)           A waste collection authority in England which is not also a waste

 

disposal authority shall supply the waste disposal authority for its

 

area with such information as the disposal authority may

 

reasonably require—

 

                  (a)                 for the purpose of determining amounts under this section,

 

or

 

                  (b)                 for the purpose of estimating any amounts that would fall to

 

be determined under this section were the collection

 

authority to be subject to particular separation

 

requirements.

 

           (7)           In this section “separation requirements”, in relation to a waste

 

collection authority, means requirements about separation

 

included in directions given to it under section 51(4)(a) above.””

After Clause 31

16

Insert the following new Clause—

 

“Joint municipal waste management strategies: England

 

     (1)    The waste authorities for a two-tier area must, at all times after the end of

 

the period of 18 months beginning with the day on which this Act is passed,

 

have for the area a joint strategy for the management of—

 

           (a)           waste from households, and

 

           (b)           other waste that, because of its nature or composition, is similar to

 

waste from households.


 
 

    (  4  )

 
 

     (2)    The waste authorities for a two-tier area must keep under review the

 

policies formulated by them for the purposes of subsection (1).

 

     (3)    The waste authorities for a two-tier area must, before formulating policy

 

for the purposes of subsection (1), carry out such consultation as they

 

consider appropriate.

 

     (4)    The waste authorities for a two-tier area must set out in a statement any

 

policy formulated by them for the purposes of subsection (1).

 

     (5)    The waste authorities for a two-tier area must—

 

           (a)           when formulating policy for the purposes of subsection (1), and

 

           (b)           when preparing a statement under subsection (4),

 

            have regard to any guidance given by the Secretary of State.

 

     (6)    The waste authorities for a two-tier area in Greater London must, when

 

formulating policy for the purposes of subsection (1), have regard to the

 

Mayor of London’s municipal waste management strategy or, where that

 

strategy has been revised, to that strategy as revised.

 

     (7)    Where the waste authorities for a two-tier area prepare a statement under

 

subsection (4)—

 

           (a)           they must take such steps as in their opinion will give adequate

 

publicity in the area to the statement;

 

           (b)           they must send a copy of the statement—

 

                  (i)                 to each of the Secretary of State and the Environment

 

Agency, and

 

                  (ii)                if the area is in Greater London, to the Mayor of London;

 

           (c)           each of the authorities must keep a copy of the statement available

 

at all reasonable times at one of its offices for inspection by the

 

public free of charge; and

 

           (d)           each of the authorities must supply a copy of the statement to any

 

person who requests one, on payment by the person of such

 

reasonable charge as the authority requires.

 

     (8)    Where subsection (1) is satisfied in relation to a two-tier area by policies set

 

out in a statement prepared before the coming into force of that

 

subsection—

 

           (a)           it does not matter that the policies were not formulated for the

 

purposes of subsection (1), but

 

           (b)           subsection (2) shall apply as though the policies were formulated

 

for the purposes of subsection (1).


 
 

    (  5  )

 
 

     (9)    Subsection (3) may be satisfied by consultation before, as well as by

 

consultation after, the coming into force of that subsection.

 

     (10)   The Secretary of State may by regulations make provision for subsection (1)

 

to apply, in relation to a two-tier area specified or described in the

 

regulations, with the substitution for “18 months” of some longer period.

 

     (11)   A statutory instrument that contains regulations under subsection (10)

 

shall be subject to annulment in pursuance of a resolution of either House

 

of Parliament.

 

     (12)   In section 353 of the Greater London Authority Act 1999 (c. 29) (Mayor’s

 

duty to prepare municipal waste management strategy), after subsection

 

(3) there is inserted—

 

           “(3A)              In revising the municipal waste management strategy the Mayor is

 

to have regard to any strategies which authorities in Greater

 

London have for the purposes of section (Joint municipal waste

 

management strategies: England) of the Waste and Emissions Trading

 

Act 2003 (joint waste management strategies for areas where

 

disposal authority is not also collection authority).””

17

Insert the following new Clause—

 

“Power to disapply duties under section (Joint municipal waste management

 

strategies: England)

 

     (1)    The Secretary of State may by regulations make provision for a duty under

 

section (Joint municipal waste management strategies: England)(1) to (7)—

 

           (a)           not to apply to an authority if conditions specified in the regulations

 

are met;

 

           (b)           not to apply to an authority if, on an application made in

 

accordance with the regulations, the Secretary of State is satisfied

 

that conditions specified in the regulations are met;

 

           (c)           not to apply to the waste authorities for a two-tier area if, by reason

 

of provision under paragraphs (a) and (b), it applies to one or more,

 

but not all, of them;

 

           (d)           not to apply to the waste authorities for a two-tier area if, on an

 

application made in accordance with the regulations, the Secretary

 

of State is satisfied that conditions specified in the regulations are

 

met.

 

     (2)    The power under paragraph (a) or (b) of subsection (1) must be exercised

 

so that provision under that paragraph will cause a duty under section

 

(Joint municipal waste management strategies: England)(1) to (7) not to apply

 

to an authority only if—

 

           (a)           the standard of the authority’s performance in carrying out

 

functions of its has been at, or above, a particular level, and

 

           (b)           that level is—

 

                  (i)                 the level that, in the Secretary of State’s opinion, counts as

 

satisfactory performance, or

 

                  (ii)                a level that, in his opinion, is higher than that level.

 

     (3)    The power under paragraph (d) of subsection (1) must be exercised so that

 

provision under that paragraph will cause a duty under section (Joint


 
 

    (  6  )

 
 

municipal waste management strategies: England)(1) to (7) not to apply to the

 

waste authorities for a two-tier area only if—

 

           (a)           as respects at least one of the authorities, the standard of its

 

performance in carrying out functions of its has been at, or above, a

 

particular level, or

 

           (b)           as respects at least two of the authorities, each has so carried out

 

functions of its that the overall standard of their performance in

 

carrying out those functions has been at, or above, a particular level,

 

            and (in either case) that level is one mentioned in subsection (2)(b).

 

     (4)    Subject to subsection (2), the conditions that may be specified under

 

subsection (1)(a) include (in particular) conditions that may be met only in

 

the case of authorities that from time to time are, by reason of provision

 

made by or under an enactment, of a particular category.

 

     (5)    Regulations under subsection (1) may include—

 

           (a)           provision about the duration of any disapplication under that

 

subsection of a duty;

 

           (b)           provision postponing the application of a duty on the coming to an

 

end of a disapplication under that subsection of the duty;

 

           (c)           provision modifying the application of subsections (1) to (7) of

 

section (Joint municipal waste management strategies: England) in

 

relation to a two-tier area where a duty under those subsections

 

applies to one or more, but not all, of the waste authorities for the

 

area.

 

     (6)    A statutory instrument that contains regulations under this section shall be

 

subject to annulment in pursuance of a resolution of either House of

 

Parliament.

 

     (7)    A reference in subsection (2)(a) or (3)(a) or (b) to functions of an authority

 

is to functions of the authority in any capacity (and not only to functions of

 

its in its capacity as a waste disposal authority or waste collection

 

authority).”

18

Insert the following new Clause—

 

“Interpretation of Chapter 3

 

In this Chapter—

 

           (a)           “two-tier area” means the area of a waste disposal authority in

 

England which is not also a waste collection authority;

 

           (b)           “the waste authorities” for a two-tier area are—

 

                  (i)                 the waste disposal authority for the area, and

 

                  (ii)                the waste collection authorities within the area; and

 

           (c)           “waste disposal authority” and “waste collection authority” have

 

the same meaning as in Part 2 of the Environmental Protection Act

 

1990 (c. 43).”

Before Clause 32

19

Insert the following new Clause—


 
 

    (  7  )

 
 

“Repeal of duty to prepare recycling plans in England and Wales

 

            The following provisions are repealed—

 

                  (a)                    section 49 of the Environmental Protection Act 1990 (c. 43)

 

(collection authorities’ waste recycling plans),

 

                  (b)                    sections 353(3) and 361 of the Greater London Authority Act

 

1999 (c. 29) (which refer to section 49 of the 1990 Act), and

 

                  (c)                    paragraph (a) of section 7(2) of the Local Government Act

 

2000 (c. 22) (power to amend etc. section 49(1)(c) of the 1990

 

Act).”

Clause 32

20

Page 20, line 37, at end insert—

 

     “( )       Power to make regulations under section 23(2)(a), (b) or (ba) also

 

includes—

 

           (a)           power to make different provision in relation to England, Scotland,

 

Wales and Northern Ireland respectively, and

 

           (b)           power to make consequential provision amending section 3(6).”

Clause 36

21

Page 22, line 4, after “31” insert “, (Joint municipal waste management strategies:

 

England)(12)”

22

Page 22, line 4, after “31” insert “, (Repeal of duty to prepare recycling plans in England

 

and Wales)(b)”

23

Page 22, line 17, leave out “Section 19 comes” and insert “Sections 19 and (Repeal of

 

duty to prepare recycling plans in England and Wales)(c) come”

24

Page 22, line 20, at end insert—

 

     “( )       Section (Joint municipal waste management strategies: England)(1) to (9) comes

 

into force at the end of the period of two months beginning with the day on

 

which this Act is passed.”

25

Page 22, line 20, at end insert—

 

     “( )       Section (Repeal of duty to prepare recycling plans in England and Wales)(a)

 

comes into force—

 

           (a)           in relation to England, on such day as the Secretary of State may by

 

order appoint;

 

           (b)           in relation to Wales, on such day as the National Assembly for

 

Wales may by order appoint.”

Clause 37

26

Page 22, line 35, after “31” insert “and (Joint municipal waste management strategies:

 

England)(1) to (11)”

27

Page 22, line 35, after “31” insert “and (Power to disapply duties under section (Joint

 

municipal waste management strategies: England))”

28

Page 22, line 35, after “31” insert “and (Interpretation of Chapter 3)”

29

Page 22, line 35, after “31” insert “and (Repeal of duty to prepare recycling plans in


 
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