CONFIDENTIAL INFORMATION ABOUT WASTE CONTRACTS

HL Deb 25 October 1999 vol 606 cc89-91

(" .—(1) Nothing in section (Information about existing waste contracts) or (Information about new waste contracts) shall require a waste authority to provide any information if—

1. (a) the information has been provided to the waste authority by another person,
2. (b) that person has imposed requirements as to the maintenance by the waste authority of confidentiality in respect of the information,
3. (c) the waste authority is, by virtue of the public procurement regulations. under a duty to comply with those requirements, and
4. (d) the provision of the information would be in breach of that duty.

(2) If at the time when information is provided by a waste authority to the Mayor under section (Information about existing waste contracts) or (Information about new waste contracts) above the waste authority notifies the Mayor that, in the opinion of the authority, the information is confidential information or exempt information, the information shall not be disclosed—

1. (a) by the Mayor, except to a person appointed under section 56(1), or (2) above, or
2. (b) by such a person, except to another such person.

(3) For the purposes of subsection (2) above—

• "confidential information" has the meaning given by section 100A(3) of the Local Government Act 1972, but taking the reference to the council in paragraph (a) of that provision as a reference to the waste authority;
• "exempt information" shall be construed in accordance with section 1001 of that Act, but taking references to a principal council in paragraph 1(2) of Schedule 12A to that Act (meaning of "the authority") as references to a waste authority.").

On Question, amendments agreed to.

Clause 315 [Interpretation of sections 311 to 314]:

Lord Whitty moved Amendments Nos. 544VAE to 544VAJ: Page 175, leave out line 17 and insert— ("(1) This section applies for the purposes of sections 311 to (Confidential information about waste contracts) above.

(2) The following expressions have the meanings given below—"). Page 175, line 26, at end insert— (""the public procurement regulations" means any of the following—

S.I 1991/2680

1. (a) the Public Works Contracts Regulations 1991,
2. (b) the Public Services Contracts Regulations 1993,
3. (c) the Public Supply Contracts Regulations 1995, and
4. (d) the Utilities Contracts Regulations 1996,").

Page 175, line 31, at end insert— (""waste authority" means—

1. (a) a waste collection authority in Greater London; or
2. (b) a waste disposal authority in Greater London,").

Page 175, line 33, after ("Act") insert—

• (""waste contract" means a contract which includes or is to include provision relating to municipal waste and is made or to be made by a waste authority in the performance of its functions under Part II of the Environmental Protection Act 1990 (waste on land).").

Page 175, line 35, at end insert—

("(3) "First information notice", in relation to the awarding of a waste contract by a waste authority, means—

1. (a) in a case where the authority is required in the awarding of that contract to comply with—

S.I 1991/2680

1. (i) the Public Works Contracts Regulations 1991.
2. (ii) the Public Services Contracts Regulations 1993, or
3. (iii) the Public Supply Contracts Regulations 1995,

a notice in respect of that contract sent to the Official Journal of the European Communities in compliance with regulation 9 of the relevant Regulations; or

1. (b) in a case where the authority is required in the awarding of that contract to comply with the Utilities Contracts Regulations 1996, a notice in respect of that contract sent to the Official Journal of the European Communities in compliance with regulation 14.

(4) "Second information notice", in relation to the awarding of a waste contract by a waste authority, means—

1. (a) in a case where the authority is required in the awarding of that contract to comply with—

S.I 1991/2680

1. (i) the Public Works Contracts Regulations 1991.
2. (ii) the Public Services Contracts Regulations 1993, or
3. (iii) the Public Supply Contracts Regulations1995.

a notice in respect of that contract sent to the Official Journal of the European Communities in compliance with regulation 11, 12 or 13 of the relevant Regulations; or

1. (b) in a case where the authority is required in the awarding of that contract to comply with the Utilities Contracts Regulations 1996, a notice in respect of that contract sent to the Official Journal of the European Communities which in accordance with regulation 15(2)(b) satisfies the requirement of regulation 15(1) to make a call for competition.

(5) Until the date on which the municipal waste management strategy is first published under section 311(1) above, sections 314(1), (Information about existing waste contracts)(5) and (Information about new waste contracts)(3) above have effect as if the references to the municipal waste management strategy were references to the policies contained in the strategy prepared by the Secretary of State in accordance with section 44A of the Environmental Protection Act 1990 (national waste strategy).").

On Question, amendments agreed to.

Baroness Farrington of Ribbleton

My Lords, I beg to move that further consideration on Report be adjourned. In moving this Motion I suggest that the Report stage begin again not before 8.35 p.m.

Moved accordingly, and, on Question, Motion agreed to.