The Environmental Protection (Waste Recycling Payments) (Amendment) (England) Regulations 2003

Statutory Instruments

2003 No. 596

ENVIRONMENTAL PROTECTION, ENGLAND

The Environmental Protection (Waste Recycling Payments) (Amendment) (England) Regulations 2003

Made

9th March 2003

Laid before Parliament

10th March 2003

Coming into force

1st April 2003

The Secretary of State, in exercise of the powers conferred upon her by section 52(8) of the Environmental Protection Act 1990(1), hereby makes the following Regulations—

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Environmental Protection (Waste Recycling Payments) (Amendment) (England) Regulations 2003 and shall come into force on 1st April 2003.

(2) These Regulations apply to England only.

Amendment of Regulations

2.  For the Schedule to the Environmental Protection (Waste Recycling Payments) Regulations 1992(2) (“the 1992 Regulations”) substitute—

Regulation 2(5)

“THE SCHEDULE REPRESENTATIVE SAVINGS IN WASTE DISPOSAL COSTS

Type of waste disposal authority	Saving in waste disposal costs per tonne
A London waste disposal authority for an area which includes an inner London borough. The council of an inner London borough. The Common Council of the City of London.	£57.43
A London waste disposal authority which comprises outer London boroughs. The council of an outer London borough.	£50.83
The Greater Manchester Waste Disposal Authority. The Merseyside Waste Disposal Authority. The council of a metropolitan district.	£42.97
Any other waste disposal authority in England.	£35.06 where the authority incurs any transport costs in disposing of similar wastes, and £25.85 in other cases.”.

Revocation

3.  The Environmental Protection (Waste Recycling Payments) (Amendment) (England) Regulations 2002(3) (which last substituted a new Schedule to the 1992 Regulations) are hereby revoked.

Signed on behalf of the Secretary of State

Michael Meacher

Minister of State,

Department for Environment, Food and Rural Affairs

9th March 2003

Explanatory Note

(This note is not part of the Regulations)

Section 52(1) of the Environmental Protection Act 1990 requires waste disposal authorities to pay waste collection authorities amounts representing their net savings on the disposal of waste retained by collection authorities for recycling.

Section 52(3) of that Act confers a power on waste disposal authorities to pay persons other than waste collection authorities equivalent amounts for waste collected by them for recycling.

The Environmental Protection (Waste Recycling Payments) Regulations 1992 make provision for the determination of a waste disposal authority’s net saving of expenditure for the purposes of section 52(1) or (3) of that Act in relation to such waste. The Schedule to those Regulations provides figures for determining a waste disposal authority’s net saving of expenditure where this could not otherwise be determined because sufficient accurate information was not available, or could only be obtained at disproportionate cost. These Regulations (regulation 2) substitute increased figures in relation to England to take account of increases in landfill tax and rises in the Retail Price Index.

(1)

1990 c. 43. The Secretary of State can exercise these powers only in relation to England: see article 2 of, and the entry relating to the Environmental Protection Act 1990 in Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1992/462, as amended by S.I. 1994/522; these instruments were revoked in relation to Scotland by S.S.I. 2000/185. The Schedule to the 1992 Regulations was last substituted in relation to England by S.I. 2002/531.

(3)

S.I. 2002/531.