SCHEDULE 4UK STATUTORY INSTRUMENTS

404

For regulation 9 substitute—

Directions to the appropriate body9

1

An appropriate authority may give directions to an appropriate body requiring it—

a

to advise the authority on the measures or policies which are to be included in a waste prevention programme or waste management plan;

b

to carry out a survey or investigation into any other matter in connection with the preparation of such a programme or plan or any modification of it, and report its findings to the authority.

2

A direction given under paragraph (1)(b)—

a

must specify or describe the matters which are to be the subject of the survey or investigation;

b

may specify bodies or persons to be consulted before carrying out the survey or investigation; and

c

may make provision in relation to the manner in which—

i

the survey or investigation is to be carried out; or

ii

the findings are to be reported and made available.

3

The appropriate body must comply with a direction given under paragraph (1).

4

Where a direction is given under paragraph (1)(b), the appropriate body must also consult any body or person that it considers appropriate but is not specified in the direction.

5

The appropriate body must make its findings available to the bodies and persons it consults.

6

The power under paragraph (1) may only be exercised—

a

by the Secretary of State in relation to the Natural Resources Body for Wales, with the consent of the Welsh Ministers;

b

by the Welsh Ministers in relation to the Environment Agency, with the consent of the Secretary of State.