Select Committee on Delegated Powers and Regulatory Reform First Report


CHAPTER 2: WASTE MANAGEMENT IN WALES

These clauses relate only to Wales.

Clause 27: Power to make regulations requiring local authorities in Wales to have a waste management strategy.
Power conferred on: The National Assembly for Wales
Power exercisable by: Regulations
Parliamentary procedure: The Government of Wales Act deals with procedural matters for statutory instruments made by the National Assembly for Wales

Clause 27(1) permits the National Assembly for Wales to require local authorities in Wales to have a waste management strategy. Clause 27(2) provides a non-exhaustive list of the sort of provisions which the regulations under clause 27(1) may make.

It is envisaged that such strategies may include the waste recycling plan which local authorities are required to have under section 49 of the Environmental Protection Act 1990. Therefore clause 28(2)(l) permits regulations to modify or disapply the provisions of section 49 so far as they have effect in relation to a local authority that includes the content of its recycling plan in its waste management strategy.

Clause 27(2)(m) provides that the regulations may provide for the Assembly to give directions specifying the time by which the duties in the regulations must be performed.

The Assembly intends to use this power to require local authorities to have municipal waste management plans. These are currently not compulsory, although authorities are expected to prepare them.

Clause 28: Power to make regulations requiring local authorities in Wales to provide information about waste.
Power conferred on: The National Assembly for Wales
Power exercisable by: Regulations
Parliamentary procedure: The Government of Wales Act deals with procedural matters for statutory instruments made by the National Assembly for Wales


Clause 28(1) permits the National Assembly for Wales to make regulations requiring local authorities in Wales to provide it with specified information relating to waste. The information required to be provided must relate to, or to a description of waste that is or has been in, or may or will come into the authority's area. Clause 28(3) provides that regulations may make provision about the collection, verification or certification of the information.

Clause 27(2)(m) provides that the regulations may provide for the Assembly to give directions specifying the time by which the duties in the regulations must be performed.


 
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