Commentary on Sections Introduction Section 205: Proposals for joint waste authorities in England
479.This section provides for local authorities to make proposals to create joint waste authorities in England and sets out the requirements for those proposals. Subsection (2) provides that a proposal may be made only by all the local authorities that are local waste authorities for the area specified in the proposal. Subsection (3) defines local waste authority for the purpose of subsection (2). Subsection (4) provides that a proposal may not be made if there is a local authority for the whole of the specified area which has all of the specified functions.
480.Subsection (5) provides that the Secretary of State may make regulations on the matters to be included in a proposal and information that is required to accompany a proposal. Subsection (6) provides further detail on the scope of the regulations made by the Secretary of State, such that they could require proposals to provide detail on the membership of joint waste authorities; procedures for appointing chairman and vice-chairman; and how costs of the proposed authority will be met by each of the local authorities.
481.Subsection (7) requires local authorities to have regard to any guidance issued by the Secretary of State as to what a proposal should seek to achieve and matters that should be considered when making a proposal. Subsection (8) sets out definitions for the section. Subsection (9) defines local authority for the purposes of this Part.