Circular Economy and Miscellaneous Provisions Act 2022

Amendment of section 34C of Act of 1996

27. Section 34C of the Act of 1996 is amended—

(a) in subsection (1), by the substitution of “subsection (7) or (9), or both,” for “subsection (7) ”,

(b) in subsection (3)—

(i) by the substitution of “household waste or commercial waste” for “household waste” in each place where it occurs, and

(ii) by the deletion of “within the meaning of section 66 of the Communications Regulation (Postal Services) Act 2011 ”,

(c) in subsection (6), by the substitution of “household waste or commercial waste” for “household waste”,

(d) in subsection (7), by the substitution of “household waste or commercial waste” for “household waste”,

(e) in subsection (8), by the substitution of “household waste or commercial waste” for “household waste”,

(f) by the insertion of the following subsections after subsection (8):

“(9) A local authority may establish and maintain a register of postcodes in respect of addresses in its functional area from which household waste or commercial waste is not—

(a) collected by an authorised waste collector,

(b) deposited at a waste facility, or

(c) otherwise disposed of or treated in accordance with this Act,

for the purposes of establishing compliance by original producers and other waste holders with section 32(1A) and any regulations or bye-laws made under this Act in relation to household waste or commercial waste.

(10) A local authority may, in performing its functions under this Act, use—

(a) the information specified in subsection (3) (a) that is provided to the local authority under subsection (2), and

(b) such data as is contained in a postcode database referred to in subparagraph (i) of paragraph (g) of section 65A(2) of the Act of 2011 that is provided to it pursuant to a licence referred to in the said paragraph (g),

for the purposes of establishing and maintaining a register under subsection (9).

(11) Where a local authority proposes to establish and maintain a register under subsection (9) in respect of its functional area, the chief executive of the local authority concerned shall satisfy himself or herself that the establishment and maintenance of the register is proportionate to, and necessary for, the purposes for which the register is to be so established and maintained.

(12) The chief executive of a local authority in respect of whose functional area a register is established and maintained under subsection (9)—

(a) may, at any time, and

(b) shall, not later than 5 years from the establishment of the register and thereafter at intervals of not more than 5 years from the date on which the chief executive was informed of the outcome of the immediately preceding review in accordance with subsection (13)(b),

cause a review of the register to be carried out by an authorised person.

(13) An authorised person carrying out a review pursuant to subsection (12) shall—

(a) consider—

(i) whether the register has been established and maintained, and the information contained therein used, in accordance with the guidance issued, revised or re-issued by the Minister under subsection (16),

(ii) the extent to which the maintenance of, and use of the information contained in, the register during the period in respect of which the review is being conducted has been, and remains, successful, proportionate and necessary having regard to the purposes for which the register has been established, and

(iii) such other matters that he or she considers appropriate having regard to the purposes for which the register has been established and is maintained,

and

(b) shall inform the chief executive, in writing, of the outcome of that review.

(14) Without prejudice to subsection (15), following a review carried out pursuant to subsection (12), the chief executive of the local authority shall decide whether the register is to continue to be maintained and where the chief executive decides that the register is to continue to be maintained, subsections (12) and (13) shall, with any necessary modifications, apply in respect of the register as so continued.

(15) The chief executive may at any time decide that a register established under subsection (9) is no longer to be maintained and, subject to Part 5 of the Data Protection Act 2018 , where the chief executive so decides, the local authority shall cease to maintain the register.

(16) The Minister shall issue guidance for the purpose of assisting local authorities in the establishment and maintenance of a register referred to in subsection (9) and the appropriate use of the information contained in such a register and may from time to time revise or re-issue that guidance.

(17) A local authority shall have regard to any guidance issued, revised or re-issued under subsection (16).

(18) (a) In establishing a register referred to in subsection (9), a local authority shall consult with its data protection officer and shall ensure that a data protection impact assessment within the meaning of section 84 of the Data Protection Act 2018 is carried out in accordance with that section.

(b) A local authority shall ensure that any such register is maintained, and the information contained therein is used, in compliance with Part 5 of the Data Protection Act 2018 .

(19) In this section—

‘Act of 2011’ means the Communications Regulation (Postal Services) Act 2011 ;

‘chief executive’ has the same meaning as it has in section 2 of the Local Government Act 2001 ;

‘data protection officer’ has the meaning given to it by section 88 (1) of the Data Protection Act 2018 ;

‘postcode’ has the meaning given to it by section 66 of the Act of 2011;

‘postcode database’ has the meaning given to it by section 65A(1) of the Act of 2011.”.