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Statutory Instrument 2003 No. 864The Local Government (Best Value) Performance Indicators and Performance Standards (Amendment) (England) Order 2003(The document as of February, 2008) STATUTORY INSTRUMENTS2003 No. 864LOCAL GOVERNMENT, ENGLANDThe Local Government (Best Value) Performance Indicators and Performance Standards (Amendment) (England) Order 2003
The Secretary of State, in exercise of the powers conferred upon her by sections 4(1) and (2) of the Local Government Act 1999[1], and having consulted, in accordance with section 4(3) of that Act, persons appearing to her to represent best value authorities concerned and such other persons as she thought fit, hereby makes the following Order: Citation, commencement and territorial application 1. - (1) This Order may be cited as the Local Government (Best Value) Performance Indicators and Performance Standards (Amendment) (England) Order 2003 and shall come into force on 1st April 2003. (2) This Order applies to England only. Government (Best Value) Performance Indicators and Performance Standards Order 2003 2. - (1) The Local Government (Best Value) Performance Indicators and Performance Standards Order 2003[2] is amended as follows. (2) For article 10, substitute -
10. - (1) A waste authority (other than a waste authority to which paragraph (3) or (4) applies) which achieved, in the financial year beginning with 1st April 1998 -
(b) a recycling and composting rate specified in column (1) of Part 2 of that Schedule shall, in relation to indicators 1 and 2 in Schedule 7 (taken together) meet for the financial year beginning with 1st April 2005 the standard specified in the corresponding entry in column (2) of that Part. (2) For the purposes of paragraph (1), the recycling and composting rate for an authority is that which is set out for the waste authority in the document published by the DETR entitled "Guidance on Municipal Waste Management Strategies"[3]; (published on 1st March 2001); and a waste authority which is stated in that document to have failed to supply to the DETR adequate details of the recycling and composting rates is treated for the purposes of -
(b) paragraph (1)(b) of this article and Part II of that Schedule as having a recycling and composting rate of 19% or more. (3) Those waste authorities specified in column 1 of Part 1 of Schedule 8A to this Order shall, in relation to indicators 1 and 2 in Schedule 7 (taken together) meet for the financial year beginning with 1st April 2003 the standard specified in the corresponding entry in column (2) of that Part. (3) After Schedule 8, insert -
(This note is not part of the Order) Article 10 of and Schedule 8 to the Local Government (Best Value) Performance Indicators and Performance Standards Order 2003 ("the 2003 Order") sets statutory waste performance standards for all best value waste collection authorities and waste disposal authorities in England. These standards relate to the recycling and composting rates that authorities must achieve for the two financial years beginning with 1st April 2003 and 1st April 2005. The standards are based on the rate achieved during the financial year beginning with 1st April 1998. This amending Order excepts certain authorities from these general standards and instead specifies specific standards. This reflects pooling arrangements between groups of authorities whereby the collective target remains the same or is increased, whilst the individual target for each authority may vary from that originally set under the general standards specified in the 2003 Order. This arrangement does not affect the duty on each authority to meet its own individual standard pursuant to section 4(5) of the Local Government Act 1999 (c.27). The document "Municipal Waste Management Strategies", which is referred to in article 10(2), was published by the DETR on 1st March 2001. It is available at www.defra.gov.uk/environment/waste/management/guidance/mwms/01.htm. Notes: [1] 1999 c. 27. For the application of the Act to Wales, see section 29.back [2] S.I. 2003/530. That Order applies to Wales, but the best value authorities affected by this Order are all in England.back [3] "Municipal Waste Management Strategies" was published by the DETR on 1st March 2001. The document is available at www.defra.gov.uk/environment/waste/management/guidance/mwms/01.htm.back ISBN 0 11 045747 1 -- Back --
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