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Part IXU.K. Environmental functions

WasteE+W+S

358 Information about new waste contracts.E+W+S

F1[F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(1ZA)If, in the awarding of a waste contract, a waste authority in compliance with the Public Contracts Regulations 2015 [F4or the Utilities Contracts Regulations 2016] has decided—

(a)to send to the Publications Office of the European Union a prior information notice[F5, a periodic indicative notice or a qualification system notice (as the case may require)] relating to the awarding of the contract, or

(b)to publish such a notice on the authority's buyer profile, subsection (1A) below applies.]

(1A)The authority shall not send or publish [F6that notice] [F6the notice in question] unless—

(a)it has notified the Mayor that it proposes to send or publish such a notice, and

(b)a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.]

F7[F8(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(1BA)If, in the awarding of a waste contract, a waste authority in compliance with [F10Public Procurement Regulations]

(a)has decided not to send or publish a prior information notice[F11, a periodic indicative notice or a qualification system notice (as the case may require)], but

(b)decides to send to the Publications Office of the European Union a contract notice [F12or a concession notice (as the case may require)] relating to the awarding of the contract, subsection (1C) below applies.]

(1C)The authority shall not send [F13the notice in question] unless—

(a)it has notified the Mayor that it proposes to send such a notice, and

(b)a period of at least 108 days beginning with the day on which the Mayor is so notified has elapsed.]

(2)If in the awarding of a waste contract a waste authority is not required to comply with [F14the [F15Public Procurement Regulations]], the authority shall not enter into the contract unless—

(a)the authority has notified the Mayor that it proposes to enter into such a contract, and

(b)a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.

(3)Where the Mayor has been notified under [F16subsection (1A), (1C)] or (2) above he may direct the waste authority to provide him with such information about the contract as he may require for the purposes of deciding whether the contract would be detrimental to the implementation of the [F17provisions of the London Environment Strategy dealing with municipal waste management].

(4)Where the Mayor gives an authority a direction under subsection (3) above, the authority to whom the direction is given shall comply with the direction.

Textual Amendments

F2S. 358(1)(1A) substituted for s. 358(1) (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(2), 59(7); S.I. 2008/113, art. 2(h)

F6Words in s. 358(1A) substituted (E.W.N.I.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(4)

F8S. 358(1B)(1C) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(3), 59(7); S.I. 2008/113, art. 2(h)

F13Words in s. 358(1C) substituted (E.W.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(7)

F14Words in s. 358(2) substituted (E.W.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 5(8)

F16Words in s. 358(3) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(4), 59(7); S.I. 2008/113, art. 2(h)

F17Words in s. 358(3) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 6(e); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)