Commentary on Sections Introduction Section 207: Implementation of proposals by order
483.Subsection (1) provides that the Secretary of State may implement a proposal for a joint waste authority in England by order with or without modification. Subsection (2) provides that any authority established under subsection (1) shall be referred to in this Part as a ‘joint waste authority’.
484.Subsection (3) allows the Secretary of State, in the order establishing the joint waste authority, to make provision enabling him to require that authority to submit a scheme for winding-up that authority, and for the transfer of its functions, property and staff, rights and liabilities, to appropriate local authorities. Subsection (4) allows the Secretary of State to implement any scheme submitted under subsection (3) by order to dissolve an authority. Subsection (5) sets out the limitations to the Secretary of State’s powers under subsection (4) such that the Secretary of State can only dissolve an authority where a request is received from all the constituent local authorities or he considers it necessary to do so.
485.Subsection (6) provides that once an authority has been established the Secretary of State can by order exclude functions for which it has been established.
486.Subsection (7) allows incidental, consequential, transitional or supplementary provisions to be included in orders made under this section. Subsection (8) expands on the type of provisions that might be made under subsection (7), this would allow for provisions to address the details of the transfer of property, rights, liabilities, staff, other staffing matters, such as pensions, from constituent authorities to a joint waste authority, and ensure that any outstanding legal action regarding these matters is also transferred.
487.Subsection (10) sets out the limitations to the Secretary of State’s powers under subsection (1). The Secretary of State cannot establish a joint waste authority for an area that is different from the area specified in the proposal, or establish a joint waste authority to discharge functions that are not specified in the proposal.
488.Subsection (11) sets out definitions of ‘appropriate local authority’ and ‘waste functions’ for the section.