Section 356 Directions by the Mayor.

England, Wales and Scotland

(1)

Where the Mayor considers that it is necessary for the purposes of the implementation of the F1provisions of the London Environment Strategy dealing with municipal waste management, he may give to a waste collection authority in Greater London, or a waste disposal authority in Greater London, a direction requiring the authority to exercise a function in a manner specified in the direction.

(2)

The Mayor may not give to an authority a direction under subsection (1) above requiring the authority—

(a)

to terminate a waste contract before the expiry of the term of the contract; or

(b)

to do anything which would result in a breach of any term of a waste contract.

F2(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(3A)

The Mayor may not give to an authority a direction under subsection (1) above requiring the authority to exercise a function in relation to the awarding of a waste contract if—

(a)

the authority is required to comply with the F4Procurement Act 2023 in awarding that contract, and

(F5b)

in compliance with that Act the authority publishes or provides the tender notice relating to the awarding of that contract.

(4)

The power of the Mayor to give a direction to an authority under subsection (1) above—

(a)

may be exercised either generally or specially, and

(b)

may only be exercised after consultation with the authority concerned.

(5)

Where the Mayor gives an authority a direction under subsection (1) above, the authority to whom the direction is given shall comply with the direction.

Annotations

Textual amendments

F1: Words in s. 356(1) substituted (3.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 23 para. 6(b); S.I. 2012/1008, art. 3(e) (with arts. 7, 9-11)
F2: S. 356(3) omitted (18.4.2016) by virtue of The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 1 para. 3(2) (with reg. 5)
F3: S. 356(3A) inserted (E.W.N.I.) (26.2.2015) by The Public Contracts Regulations 2015 (S.I. 2015/102), reg. 1(2), Sch. 6 para. 4(3)
F4: Words in s. 356(3A)(a) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 5(3)(a)
F5: S. 356(3A)(b) substituted (24.2.2025) by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 5(3)(b)