Select Committee on Delegated Powers and Regulatory Reform Twenty-Fourth Report


ANNEX 5

HOUSEHOLD WASTE RECYCLING BILL

Memorandum by the Department for Environment, Food and Rural Affairs

Introduction

The Household Waste Recycling Bill is a Private Members Bill introduced by Joan Ruddock MP on 11 December 2002. It is supported by Government and received its first reading in the House of Lords on 14 July 2003. This Memorandum outlines the main provisions of the Bill; identifies the delegated powers in the Bill and explains their purpose; explains why matters have been dealt with by creating delegated powers and explains the degree of Parliamentary control on the exercise of those powers

Main Provisions of the Bill

The Household Waste Recycling Bill contains 5 clauses and no Schedules. The main provisions of the Bill are:

Clause 1 of the Bill proposes to introduce a new section 45A to the Environmental Protection Act 1990 ("EPA"). It provides that where English waste collection authorities have a duty to collect household waste they shall ensure that by the end of 2010 they collect at least two types of recyclable waste separate from the remainder of the waste. This duty to collect recyclable waste shall not apply where the cost of doing so would be unreasonably high or where comparable alternative arrangements are available.

Clause 2 provides that the National Assembly for Wales may apply the provisions of Clause 1 to waste collection authorities in Wales by order made by statutory instrument.

Clause 3 of the Bill provides that the Secretary of State must report to Parliament on progress towards meeting this requirement, and on local authority performance in meeting their recycling and composting standards, by the end of October 2004.

The Government is committed to reducing the amount of waste going to landfill and believes this Bill is an important contribution to achieving that.

Details of Powers Delegated under the Bill

Clause 1 (paragraph 5 of proposed section 45A EPA): Power to delay the date by which an English waste collection authority must arrange for the collection of at least two types of recyclable waste, from 31 December 2010 to no later than 31 December 2015.

Power conferred on:    The Secretary of State.

Power exercisable by:    Direction.

Parliamentary procedure:  Not subject to Parliamentary procedure

The main provision of the Bill is that English waste collection authorities must arrange for the collection of at least two types of recyclable material, separate from the rest of the household waste by 31 December 2010. This clause allows the Secretary of State to delay the date by which this must be arranged, upon the request of a waste collection authority, to no later than 31 December 2015.

  

Clause 2: Power to apply the provisions of the Bill to Welsh waste collection authorities.

Power conferred on:    The National Assembly for Wales.

Power exercisable by:    Order made by Statutory Instrument

Parliamentary procedure:  The Government of Wales Act deals with procedural matters

        for statutory instruments made by the National Assembly for

        Wales.

Clause 2 permits the National Assembly for Wales to apply the main provision of the Bill (contained in clause 1) to waste collection authorities in Wales. In this case the power outlined above to delay the date by which the arrangements are made would fall to the National Assembly for Wales rather than the Secretary of State.

Reasons for delegation of powers

Clause 1 (paragraph 5 of proposed section 45A EPA): It may be necessary to allow an authority more time to meet the provisions of the Bill. The circumstances in which this might be allowed will be covered in Government guidance to authorities. It is proposed that these powers are delegated to the Secretary of State by direction because we do not consider it sensible to take up Parliamentary time to allow an individual authority a maximum of a five year delay in meeting the provisions of the Bill.

Clause 2: Waste management is a devolved matter. Wales has its own waste strategy which includes policies to work in partnership with local authorities in order to improve levels of recycling. However, the National Assembly for Wales has indicated that it may wish to implement the provisions of the Bill at a later stage should its partnership policies not be as effective as it hopes. Since the National Assembly for Wales does not have primary legislative power, it is considered appropriate to delegate the power to them in order to allow them to apply clause 1 of the Bill to Welsh waste collection authorities.

September 2003


 
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