F1[(1)]In exercising any function under Part II of the M1Environmental Protection Act 1990 (waste on land)—
(a)each of the waste collection authorities in Greater London, and
(b)each of the waste disposal authorities in Greater London,
shall [F2act in general conformity with] the [F3provisions of the London Environment Strategy dealing with municipal waste management].
[F4(2)Subsection (1) above has effect only to the extent that compliance by an authority with the requirements of that subsection does not impose excessive additional costs on the authority.]
[F5(3)For the purposes of this section, the Secretary of State may issue guidance for determining what is to be regarded as—
(a)acting in general conformity with the [F6provisions of the London Environment Strategy dealing with municipal waste management], or
(b)imposing excessive additional costs on an authority.
(4)In discharging the duties imposed upon it by subsection (1) above (as read with subsection (2) above), an authority must act in accordance with any guidance issued under subsection (3) above.
(5)Any guidance issued under subsection (3) above shall be published by the Secretary of State in such manner as he considers appropriate.
(6)Nothing in this section, or in any guidance issued under it, requires an authority—
(a)to terminate a waste contract before the expiry of the term of the contract, or
(b)to do anything which would result in a breach of any term of a waste contract.
(7)In any case where—
(a)an authority is required to comply with the public procurement regulations in the awarding of a waste contract,
(b)in compliance with those regulations the authority sends the second information notice relating to the awarding of that contract to the Official Journal of the European Union, and
(c)after the authority sends that notice, the Mayor revises the [F7provisions of the London Environment Strategy dealing with municipal waste management],
this section, and any guidance issued under it, are to have effect in relation to the awarding of that contract as if the revision F8... had not been made.]
Textual Amendments
F1S. 355 renumbered as s. 355(1) (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 37(2), 59(7) (with s. 37(6)); S.I. 2008/113, art. 2(g)
F2Words in s. 355(1) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 37(3), 59(7) (with s. 37(6)); S.I. 2008/113, art. 2(g)
F3Words in s. 355(1) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 6(a); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F4S. 355(2) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 37(4), 59(7) (with s. 37(6)); S.I. 2008/113, art. 2(g)
F5S. 355(3)-(7) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 37(5), 59(7) (with s. 37(6)); S.I. 2008/113, art. 2(g)
F6Words in s. 355(3) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 6(a); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F7Words in s. 355(7)(c) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 6(a); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F8Words in s. 355(7) repealed (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 7, Sch. 25 Pt. 33; S.I. 2012/1008, art. 3(e)(f) (with arts. 7, 9-11)
Marginal Citations