The Local Authorities (Prohibition of Charging Residents to Deposit Household Waste) Order 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/973 |
| Year | 2015 |
2015No. 973
LOCAL GOVERNMENT, ENGLAND
The Local Authorities (Prohibition of Charging Residents to Deposit Household Waste) Order 2015
26thMarch2015
The Secretary of State makes the following Order in exercise of the powers conferred by section 5(3) and (5) and 235(2) of the Localism Act 2011( 1).
In accordance with section 5(7) of that Act, the Secretary of State has consulted such local authorities, such representatives of local government and such other persons as he considers appropriate.
A draft of this Order was laid before and approved by resolution of each House of Parliament in accordance with sections 235(6) and (7)(b) of that Act.
Citation and commencement
1.-(1) This Order may be cited as the Local Authorities (Prohibition of Charging Residents to Deposit Household Waste) Order 2015.
(2) This Order shall come into force on the twenty eighth day after the day on which it is made.
Interpretation
2. In this Order-
"household waste" has the same meaning as in section 75 of the Environmental Protection Act 1990( 2) as read with regulation 3 of, and Schedule 1 to, the Controlled Waste (England and Wales) Regulations 2012( 3); and
"household waste recycling centre" means a place provided by a local authority( 4) where persons resident in its area may deposit their household waste.
Prohibition of local authorities using the general power of competence to charge residents at places where they may deposit household waste
3. A local authority must not, in exercise of the general power, charge persons resident in its area to-
(a) enter into, or exit from, a household waste recycling centre; or(b) deposit household waste at a household waste recycling centre.Transitional provision
4.-(1) The prohibition contained in article 3, which prevents local authorities using the general power, does not apply in the relevant circumstances until 1st April 2020.
(2) In paragraph (1) the relevant circumstances are that immediately before this Order came into force a local authority was, in exercise of the general power, charging persons resident in its area to-
(a) enter into, or exit from, a household waste recycling centre; or(b) deposit household waste at a household waste recycling centre.Signed by authority of the Secretary of State for Communities and Local Government |
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Ahmad Parliamentary Under Secretary of State Department for Communities and Local Government |
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26th March 2015 |
EXPLANATORY NOTE
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