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Clean Neighbourhoods and Environment Act 2005

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Clean Neighbourhoods and Environment Act 2005, Section 49 is up to date with all changes known to be in force on or before 23 July 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Commencement Orders yet to be applied to the Clean Neighbourhoods and Environment Act 2005

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Commencement Orders bringing provisions within this Act into force:

49Payments for waste recycling and disposalE+W
This section has no associated Explanatory Notes

(1)Section 52 of the Environmental Protection Act 1990 (c. 43) (payments for recycling and disposal etc of waste) is amended as follows.

(2)In subsection (1) after “so retained” insert—

(a)in the case of a waste disposal authority in England, of such amounts as may be determined in accordance with regulations made by the Secretary of State; and

(b)in the case of a waste disposal authority in Wales.

(3)After subsection (1) insert—

(1A)The Secretary of State may by order disapply subsection (1) above in relation to any waste disposal authority constituted under section 10 of the Local Government Act 1985 (joint arrangements for waste disposal in London and metropolitan counties).

(4)After subsection (1A) (as inserted by subsection (3) above) insert—

(1B)A waste disposal authority is not required to make payments to a waste collection authority under subsection (1) above where, on the basis of arrangements involving the two authorities, the waste collection authority has agreed that such payments need not be made.

(5)In subsection (2) after “so collected” insert—

(a)in the case of a waste collection authority in England, of such amounts as may be determined in accordance with regulations made by the Secretary of State; and

(b)in the case of a waste collection authority in Wales.

(6)In subsection (3) after “so collected” insert—

(a)in the case of a waste disposal authority in England, of such amounts as may be determined in accordance with regulations made by the Secretary of State; and

(b)in the case of a waste disposal authority in Wales.

(7)In subsection (4) after “so collected” insert—

(a)in the case of a waste collection authority in England, of such amounts as may be determined in accordance with regulations made by the Secretary of State; and

(b)in the case of a waste collection authority in Wales.

(8)After subsection (8) insert—

(8A)The Secretary of State may give guidance—

(a)to a waste disposal authority in England, for the purposes of determining whether to exercise the power in subsection (3) above;

(b)to a waste collection authority in England, for the purposes of determining whether to exercise the power in subsection (4) above.

(9)At the end insert—

(12)In this section, references to recycling waste include re-using it (whether or not the waste is subjected to any process).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 49(1) in force at 7.3.2006 by S.I. 2006/656, art. 2(a)

I2S. 49(2) in force at 7.3.2006 for specified purposes by S.I. 2006/656, art. 2(b)

I3S. 49(2) in force at 6.4.2006 in so far as not already in force by S.I. 2006/656, art. 3(b)

I4S. 49(3) in force at 7.3.2006 by S.I. 2006/656, art. 2(c)

I5S. 49(4) in force at 6.4.2006 by S.I. 2006/656, art. 3(a)

I6S. 49(6) in force at 7.3.2006 for specified purposes by S.I. 2006/656, art. 2(d)

I7S. 49(6) in force at 6.4.2006 in so far as not already in force by S.I. 2006/656, art. 3(b)

I8S. 49(8) in force at 6.4.2006 for specified purposes by S.I. 2006/656, art. 3(c)

I9S. 49(9) in force at 6.4.2006 by S.I. 2006/656, art. 3(d)

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