Part 8 E+WEnvironmental functions

WasteE+W

38London Waste and Recycling BoardE+W

(1)After section 356 of the GLA Act 1999 (directions by the Mayor) insert—

356ALondon Waste and Recycling Board

(1)There shall be a body known as the London Waste and Recycling Board (referred to in this section and section 356B as “the Board”).

(2)The objectives of the Board are to promote and encourage, so far as relating to Greater London,—

(a)the production of less waste;

(b)an increase in the proportion of waste that is re-used or recycled;

(c)the use of methods of collection, treatment and disposal of waste which are more beneficial to the environment.

(3)For the purpose of achieving its objectives, the Board may provide financial assistance to any person towards or for the purposes of—

(a)the provision of facilities for or in connection with the collection, treatment or disposal of waste produced in Greater London;

(b)conducting research into new technologies or techniques for the collection, treatment or disposal of waste;

(c)securing, or assisting in securing, the performance of any function of a London borough council or the Common Council relating to waste.

(4)For the purpose of achieving its objectives, the Board may provide advice on such matters as it thinks fit to any of the following—

(a)the Mayor;

(b)any London borough council;

(c)the Common Council;

(d)such other persons as the Board thinks fit.

(5)In carrying out its functions under this section, the Board must—

(a)act in accordance with the municipal waste management strategy;

(b)act in general conformity with the spatial development strategy so far as relating to the collection, treatment and disposal of waste.

(6)The Board may do anything that it thinks will facilitate, or is incidental or conducive to, the carrying out of its functions under subsections (2) to (4) above.

(7)The Board does not have the power to borrow money.

(8)The Secretary of State may issue to the Board guidance as to the exercise of its functions.

(9)The Board shall have regard to any guidance issued under subsection (8) above.

(10)Any reference in this section to the collection, treatment or disposal of waste includes a reference to the transport of waste for or in connection with that purpose.

356BSupplemental provision concerning the Board

(1)The Secretary of State may by order make provision as to—

(a)the constitution of the Board;

(b)the appointment of its members (who must not be fewer than 7 nor more than 13 in number);

(c)the payment of allowances and expenses to its members;

and such other matters in connection with its establishment and administration as the Secretary of State thinks fit.

(2)The Board shall not be regarded—

(a)as the servant or agent of the Crown, or

(b)as enjoying any status, privilege or immunity of the Crown,

and the property of the Board shall not be regarded as property of, or property held on behalf of, the Crown.

(3)The Secretary of State may make payments by way of grant to the Board towards expenditure incurred or to be incurred by it.

(4)The amount of any grant and the manner of its payment are to be such as the Secretary of State may determine.

(5)Any grant may be paid on such conditions as the Secretary of State may determine.

(6)Conditions under subsection (5) above may, in particular, include—

(a)provision as to the use of the grant;

(b)provision as to circumstances in which the whole or part of the grant must be repaid..

(2)In section 420(3) of that Act (orders subject to affirmative procedure)—

(a)after “an order under” insert “ any of the following provisions ”;

(b)for the word “or” at the end of paragraph (c) substitute—

(cc)section 356B(1) above,.