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Waste Management

Volume 708: debated on Tuesday 10 March 2009

Question

Asked by

To ask Her Majesty's Government whether the Transfer of Undertakings (Protection of Employment) Regulations apply to paragraph 10(d) of Schedule 1 to the Joint Waste Authorities (Proposals) Regulations 2009 (SI 2009/105). [HL1694]

To ask Her Majesty's Government whether paragraph 11 of Schedule 2 to the Joint Waste Authorities (Proposals) Regulations 2009 (SI 2009/105) implies that no proposal will be accepted that results in increased costs; and, if so, who will ensure that that is the case. [HL1695]

To ask Her Majesty's Government whether paragraph 12 of Schedule 2 to the Joint Waste Authorities (Proposals) Regulations 2009 (SI 2009/105) implies that no proposal will be accepted that does not benefit the environment; and, if so, who will ensure that that is the case. [HL1696]

To ask Her Majesty's Government whether paragraphs 11 and 12 of Schedule 2 to the Joint Waste Authorities (Proposals) Regulations 2009 (SI 2009/105) taken together imply that a proposal will be acceptable if it results in increased cost but has an environmental benefit or if there is no environmental benefit but there is a cost saving. [HL1697]

Joint waste authorities will be employing organisations. Where services or roles and duties transfer from the current provider to a new provider, either during the creation of a joint waste authority or following contracting/re-tendering exercises post-vesting, then the staff working in these areas are likely to transfer to the joint waste authority. Accordingly, the TUPE Regulations 2006 and the Cabinet Office Statement of Practice on Staff Transfers in the Civil Service 2000 (COSOP) are likely to apply. Further detail is available in the statutory guidance which accompanies the Joint Waste Authorities (Proposals) Regulations, available on Defra's website.

Proposals for a joint waste authority will be considered on their own merits and according to the requirements of the regulations and statutory guidance.

Assessment will take into account the estimated level of service and performance improvements, efficiency and environmental benefits the Joint Waste Authority will deliver. A ‘low' score against any one criterion will not necessarily lead to rejection, but would be expected to be compensated by a ‘high' score elsewhere.