(1)This section applies for the purposes of sections 353 to 359 above.
(2)The following expressions have the meanings given below—
[F1“buyer profile” has the same meaning as in the public procurement regulations,]
“disposal”, in relation to waste, shall be construed in accordance with section 29(6) of the M1Environmental Protection Act 1990,
“municipal waste” means any waste in the possession or under the control of—
a body which, or a person who, is a waste collection authority in Greater London, or
a body which is a waste disposal authority in Greater London,
whether or not the waste is in the possession or under the control of the body or person under or by virtue of that Act,
[F2“the public procurement regulations” means any of the following—
[F2“the public procurement regulations” means either the Public Contracts Regulations 2006 or the Utilities Contracts Regulations 2006,]
“recovery”, in relation to waste, includes the recovery of materials from waste and the recovery of energy from waste,
“treatment”, in relation to waste, shall be construed in accordance with section 29(6) of the M6Environmental Protection Act 1990,
“waste” shall be construed in accordance with section 75 of that Act,
“waste authority” means—
a waste collection authority in Greater London, or
a waste disposal authority in Greater London,
“waste collection authority in Greater London” shall be construed in accordance with section 30(3)(b) of that Act,
“waste contract” means a contract which includes or is to include provision relating to municipal waste and is made or to be made by a waste authority in the performance of its functions under Part II of that Act (waste on land), and
“waste disposal authority in Greater London” shall be construed in accordance with section 30(2)(b) of that Act.
[F3(3)“First information notice”, in relation to the awarding of a waste contract by a waste authority, means—
(a)in a case where the authority is required in the awarding of that contract to comply with the Public Contracts Regulations 2006, a notice in respect of that contract sent to [F4the European Commission] in compliance with regulation 11: or
(b)in a case where the authority is required in the awarding of that contract to comply with the Utilities Contracts Regulations 2006, a notice in respect of that contract sent to [F5the European Commission] in compliance with regulation 15.]
[F6(4)“Second information notice” in relation to the awarding of a waste contract by a waste authority, means—
(a)in a case where the authority is required in the awarding of that contract to comply with the Public Contracts Regulations 2006, a notice in respect of that contract sent to the Official Journal of the European Union in compliance with regulation 15, 16, 17 or 18; or
(b)in a case where the authority is required in the awarding of that contract to comply with the Utilities Contracts Regulations 2006, a notice in respect of that contract sent to the Official Journal of the European Union which in accordance with regulation 16(2)(b) satisfies the requirement of regulation 16(1) to make a call for competition.]
(5)Until the date on which the municipal waste management strategy is first published under section 353(1) above, sections 356(1), 357(5) and 358(3) above have effect as if the references to the municipal waste management strategy were references to the policies contained in the strategy prepared by the Secretary of State in accordance with section 44A of the M7Environmental Protection Act 1990 (national waste strategy).
Textual Amendments
F1Words in s. 360(2) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(7), 59(7); S.I. 2008/113, art. 2(h)
F2Words in s. 360(2) substituted (E.W.) (31.1.2006) by The Public Contracts Regulations 2006 (S.I. 2006/5), reg. 1(1), Sch. 7 para. 1(2) (with reg. 49)
F3S. 360(3) substituted (E.W.) (31.1.2006) by The Public Contracts Regulations 2006 (S.I. 2006/5), reg. 1(1), Sch. 7 para. 1(3) (with reg. 49)
F4Words in s. 360(3)(a) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(8), 59(7); S.I. 2008/113, art. 2(h)
F5Words in s. 360(3)(b) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 39(8), 59(7); S.I. 2008/113, art. 2(h)
F6S. 360(4) substituted (E.W.) (31.1.2006) by The Public Contracts Regulations 2006 (S.I. 2006/5), reg. 1(1), Sch. 7 para. 1(4) (with reg. 49)
Marginal Citations