I1C1C2C3 Part II Waste on Land

Annotations:
Commencement Information
I1

Pt. II partly in force at 31.5.1991 see s. 164(3) and S.I. 1991/1319, art. 2

Pt. II partly in force at 13.12.1991 and for certain purposes at 01.04.1992 by S.I.1991/2829, arts. 2, 4.

Pt. II: power to make corresponding provisions conferred (27.7.1999) by 1999 c. 24, s. 2, Sch. 1 Pt. I para. 20(1)(a)

Modifications etc. (not altering text)
C1

Pt. II (ss. 29-78) amended: (1.4.1992) by S.I. 1992/588, reg. 8; (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 para. 9 (as amended (E.W.) (15.5.3006) by S.I. 2006/937, reg. 6(10)(a))

Pt. II (ss. 29-78) modified: (1.2.1996) by 1995 c. 25, s. 5(5)(e) (with ss. 7(6), 115, 117) and S.I. 1996/186, art.2; (1.4.1996) by 1995 c. 25, s. 33(5)(e) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Pt. II (ss. 29-78): certain functions transferred on transfer date (1.4.1996) by 1995 c. 25, ss. 2(1)(b)(ii), 21(1)(b)(ii), 56(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3, S.I. 1995/2649, art. 2 and S.I. 1995/1983, art. 2 (by which respectively s. 56 is in force from 28.7.1995, s. 21 is in force from 12.10.1995 and s. 2 is in force from 1.4.1996); S.I. 1996/136, art. 2; S.I. 1996/234), art. 2 (specifying transfer date)

Pt. II (ss. 29-78) extended (1.4.1996) by 1995 c. 25, s. 120(2), Sch. 23 para. 13 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Preliminary

I230 Authorities for purposes of this Part.

F11

Any reference in this Part to a waste regulation authority—

a

in relation to England F14..., is a reference to the Environment Agency; F14...

F13aa

in relation to Wales, is a reference to the Natural Resources Body for Wales; and

b

in relation to Scotland, is a reference to the Scottish Environment Protection Agency;

and any reference in this Part to the area of a waste regulation authority shall accordingly be taken as a reference to the area over which the Environment Agency F15, the Natural Resources Body for Wales or the Scottish Environment Protection Agency, as the case may be, exercises its functions or, in the case of any particular function, the function in question.

2

For the purposes of this Part the following authorities are waste disposal authorities, namely—

a

for any non-metropolitan county in England, the county council;

b

in Greater London, the following—

i

for the area of a London waste disposal authority, the authority constituted as the waste disposal authority for that area;

ii

for the City of London, the Common Council;

iii

for any other London borough, the council of the borough;

c

in the metropolitan county of Greater Manchester, the following—

i

for the metropolitan district of Wigan, the district council;

ii

for all other areas in the county, the authority constituted as the Greater Manchester Waste Disposal Authority;

d

for the metropolitan county of Merseyside, the authority constituted as the Merseyside Waste Disposal Authority;

e

for any district in any other metropolitan county in England, the council of the district;

F2f

for any county or county borough in Wales, the council of the county or county borough;

g

in Scotland, F3a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

3

For the purposes of this Part the following authorities are waste collection authorities—

a

for any district in England F4. . . not within Greater London, the council of the district;

b

in Greater London, the following—

i

for any London borough, the council of the borough;

ii

for the City of London, the Common Council;

iii

for the Temples, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple respectively;

F5bb

for any county or county borough in Wales, the council of the county or county borough;

c

in Scotland, F6a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

4

In this section references to particular authorities having been constituted as waste disposal F7. . . are references to their having been so constituted by the M1Waste Regulation and Disposal (Authorities) Order 1985 made by the Secretary of State under section 10 of the M2Local Government Act 1985 and the reference to London waste disposal authorities is a reference to the authorities named in Parts I, II, III, IV and V of Schedule 1 to that Order and this section has effect subject to any order made under the said section 10 F8. . ..

5

F12In this Part “waste disposal contractor” means a person who in the course of a business collects, keeps, treats or disposes of waste, being either—

a

a company formed for all or any of those purposes by a waste disposal authority whether in pursuance of section 32 below or otherwise; or

b

either a company formed for all or any of those purposes by other persons or a partnership or an individual;

and “company”F10means a company as defined in section 1(1) of the Companies Act 2006 and “formed”, in relation to a company formed by other persons, includes the F11alteration of the company's articles so as to add, remove or alter a statement of the company's objects.

F96

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F97

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F98

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