Local Government Act 1985

Section 9.

SCHEDULE 6 Waste Regulation and Disposal

The London Government Act 1963

1 For paragraph 4 of Part II of Schedule 11 to the [1963 c. 33.] London Government Act 1963 there shall be substituted—

“4 Byelaws with respect to the construction and use of incinerators for the disposal of refuse in inner London boroughs and the City (being incinerators which are, or are in the nature of, buildings or structures or which form part of a building or structure) shall be made by the councils of those boroughs or the Common Council, as the case may be”.

The Local Government Act 1972

2 In Schedule 14 to the [1972 c. 70.] Local Government Act 1972—

(a) in paragraph 5, in sub-paragraph (1) for the words "in a county" there shall be substituted the words " in a non-metropolitan county " and in sub-paragraph (2) for the words " a county council" there shall be substituted the words " the council of a non-metropolitan county" ;

(b) in paragraph 6(1) after the words " a local authority " there shall be inserted the words " in a non-metropolitan county " .

The Control of Pollution Act 1974

3 (1) The [1974 c. 40.] Control of Pollution Act 1974 shall be amended as follows.

(2) In sections 2(3)(a)(ii) and (4), 12(2), (6) and (8) and 13(4) for the words "English disposal authority" there shall be substituted the words " English county disposal authority" .

(3) In section 5(4)(a) for the words " and any collection authority " there shall be substituted the words " , and in the case of an English county disposal authority any collection authority," .

(4) In section 1 1(3)(c) for the words " and collection authority" there shall be substituted the words " , and in the case of an English county disposal authority each collection authority," .

(5) In section 30(1) in the definition of " English collection authority " for the words " of which the area is in England " there shall be substituted the words " of which the area is in the area of an English county disposal authority " and for the definitions of " disposal authority" , "English disposal authority" and "relevant disposal authority " there shall be substituted—

• “' disposal authority' means the council of a county or metropolitan district in England, the council of a district in Wales, the council of a London borough and the Common Council of the City of London, 'English county disposal authority' means the council of a county in England and ' relevant disposal authority', in relation to an English collection authority, means the English county disposal authority whose area includes that of the collection authority ;”.

The Refuse Disposal (Amenity) Act 1978

4 (1) The [1978 c. 3.] Refuse Disposal (Amenity) Act 1978 shall be amended as follows.

(2) In section 1(7) for the definition of "local authority" there shall be substituted—

• “' local authority' means, in relation to England, the council of a county, metropolitan district or London borough and the Common Council, and”.

(3) In section 3(7) for the words " a district in England " there shall be substituted the words " a non-metropolitan district in England" .

(4) For section 4(8) there shall be substituted—

“(8) In this section ' local authority' means, in relation to England, the council of a county, metropolitan district or London borough or the Common Council.”

(5) In section 5(4) for the definition of ' the appropriate authority' there shall be substituted—

• “' the appropriate authority' means—

  (a)

  in the case of a vehicle removed in pursuance of section 3(1) above by a local authority in England other than the council of a non-metropolitan district, or by a local authority in Wales, the local authority ; and

  (b)

  in the case of a vehicle so removed by the council of a non-metropolitan district in England, the county council; and”.

(6) In section 5(5)(b) for the words " a district in England " there shall be substituted the words " a non-metropolitan district in England" .

The Litter Act 1983

5 (1) In subsection (1)(a) of section 4 of the [1983 c. 35.] Litter Act 1983 for the words " the council of each county " there shall be substituted the words " the council of each non-metropolitan county " and for subsection (2) of that section there shall be substituted—

“(2) Subsection (1) above shall apply to a metropolitan county with the omission, as respects consultation, of references to the council of the county and as if the duty with respect to the statement mentioned in that subsection were a duty imposed jointly on the councils of the metropolitan districts comprised in the county ; and that subsection shall apply to Greater London as if it were a county with the like omissions and as if that duty were imposed jointly on the councils of the London boroughs and the Common Council of the City of London.”

(2) In section 6(1) of that Act after the words " A county council" there shall be inserted the words " and a metropolitan district council" .