The Act Commentary on Sections Part 5: Waste Section 47 Abolition of requirement to contract out waste disposal functions
154.Prior to this section coming into force, waste disposal authorities (county councils and unitary authorities) were required by the Environmental Protection Act 1990 to make arrangements for the disposal of all municipal waste collected in their area. Section 32 of the 1990 Act required them to divest themselves of their waste disposal undertakings and transfer them to either ‘arm’s length’ companies or wholly to the private sector. Waste disposal authorities had to carry out their waste disposal functions by means of letting contracts. The contract-letting procedures for waste disposal authorities required by the 1990 Act were no longer considered necessary given the requirements of the Public Contracts Services Regulations 1993. They also limited the range of procurement options open to waste disposal authorities to carry out their functions which may have lead to conflict with their Best Value duty to secure continuous improvement in the way in which their functions are exercised, having regard to a combination of economy, efficiency and effectiveness.
155.Section 47 repeals section 32 of and Schedule 2 to the 1990 Act, thereby repealing the requirement for waste disposal authorities to have to form waste disposal companies; limiting companies thus formed to waste functions only; and requiring waste disposal authorities to dispose of controlled waste only through waste disposal contractors. This allows waste disposal authorities greater opportunity to affect improvement in the way that best fits their local circumstances.