Search Legislation

Local Government in Scotland Act 2003

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Section 34

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Local Government in Scotland Act 2003, Section 34. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

34Integrated waste management plansS

This section has no associated Explanatory Notes

(1)After section 44 of the Environmental Protection Act 1990 (c. 43) there is inserted—

Integrated waste management plans: ScotlandS

44ZADuty to prepare integrated waste management plan

(1)It shall be the duty of a local authority to—

(a)prepare an integrated waste management plan; and

(b)submit it to the Scottish Ministers for approval.

(2)An integrated waste management plan is a plan which—

(a)sets out, by reference to policies contained in the National Waste Strategy, how the local authority intends to carry out its functions as waste disposal authority and waste collection authority (its “waste management functions”); and

(b)without prejudice to the generality of paragraph (a) above, contains statements on such matters relating to the carrying out of those functions as the Scottish Ministers may specify in directions.

(3)Directions under subsection (2)(b) above may, in particular, require integrated waste management plans to include statements setting out—

(a)levels of performance (“performance targets”) which the local authority shall, in performing its waste management functions, endeavour to meet;

(b)steps which the local authority proposes to take in endeavouring to meet performance targets;

(c)arrangements which the local authority proposes to enter into with one or more other local authorities for the purpose of securing co-operation, in the carrying out of their respective waste management functions, between the local authorities.

(4)Integrated waste management plans shall—

(a)be prepared, and submitted, under subsection (1) above by such date; and

(b)relate to such period of time,

as the Scottish Ministers may direct.

(5)A local authority shall, in preparing its integrated waste management plan, have regard to such matters as the Scottish Ministers may direct.

(6)In this section, and in sections 44ZB to 44ZD below—

  • local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

  • National Waste Strategy” means the strategy prepared by SEPA under section 44B below, as modified from time to time; and

  • SEPA” means the Scottish Environment Protection Agency.

44ZBApproval of integrated waste management plan

(1)The Scottish Ministers shall—

(a)approve an integrated waste management plan submitted to them under section 44ZA(1)(b) above without modification;

(b)approve the plan with such modifications as they consider appropriate; or

(c)refuse to approve the plan.

(2)If the Scottish Ministers refuse to approve a plan which has been so submitted they shall—

(a)notify the local authority in writing of that fact; and

(b)require the local authority to prepare and submit, by such date as the Scottish Ministers may specify, a further integrated waste management plan.

(3)The Scottish Ministers shall—

(a)approve an integrated waste management plan submitted to them under subsection (2)(b) above without modification; or

(b)approve the plan with such modifications as they consider appropriate.

(4)The Scottish Ministers shall—

(a)give written notice of their approval, under subsection (1) or (3) above, of an integrated waste management plan to the local authority; and

(b)if they have modified the plan, send a copy of the plan as modified to the local authority.

(5)The local authority shall, on receipt of notice given under subsection (4)(a) above—

(a)give public notice of the approved integrated waste management plan; and

(b)send a copy of it to SEPA.

(6)It shall be the duty of a local authority to make arrangements for allowing any person to—

(a)inspect its approved integrated waste management plan at its principal offices at any reasonable time;

(b)obtain a copy of it, or any part of it, on payment of such reasonable fee (if any) as the local authority may determine.

44ZCImplementation of integrated waste management plan

(1)It shall be the duty of a local authority—

(a)to endeavour to carry out its waste management functions in accordance with its approved integrated waste management plan; and

(b)if requested by the Scottish Ministers, to provide the Scottish Ministers, by the date specified in their request, with a statement setting out whether the local authority is so carrying out its waste management functions.

(2)A statement provided under subsection (1)(b) above shall contain such information as the Scottish Ministers may direct.

(3)Directions under subsection (2) above may, in particular, require a local authority to—

(a)advise whether it has met, or is likely to meet, any performance targets set out in the plan; and

(b)if it has not done so, or is not likely to do so, explain why it considers the performance targets have not been, or are not likely to be, met.

44ZDModification of integrated waste management plan

(1)A local authority—

(a)may, from time to time; and

(b)shall, if requested by the Scottish Ministers,

modify its integrated waste management plan and submit it, as modified, to the Scottish Ministers for approval.

(2)Sections 44ZA to 44ZC apply in relation to a plan which is modified as they apply in relation to a plan prepared and submitted under section 44ZA(1) above..

(2)Section 49(waste recycling plans) of that Act of 1990 is repealed.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources