Greater London Authority Act 1999, section 356

Directions by the Mayor

Part IX Environmental functions

(1)Where the Mayor considers that it is necessary for the purposes of the implementation of the [F595provisions of the London Environment Strategy dealing with municipal waste managementF595] , 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.

F596(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F597 (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 [F598 Procurement Act 2023F598] in awarding that contract, and

[F599 (b)in compliance with that Act the authority publishes or provides the tender notice relating to the awarding of that contract.F599]

(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.F597]

Definitions used in section 356 7

Mayor

“Mayor” means Mayor of London (but see also section 85(3A) above) ;

Defined in s.424(1) · see it in the full Act
municipal waste

“municipal waste” means any waste in the possession or under the control of—

(a)

a body which, or a person who, is a waste collection authority in Greater London, or

(b)

a body which is a waste disposal authority in Greater London,

whether or not the waste is in the possession or under the control of the body or person under or by virtue of that Act,

Defined in s.360(2) · see it in the full Act
waste collection authority in Greater London

“waste collection authority in Greater London” shall be construed in accordance with section 30(3)(b) of that Act ,

Defined in s.360(2) · see it in the full Act
waste disposal authority in Greater London

“waste disposal authority in Greater London” shall be construed in accordance with section 30(2)(b) of that Act .

Defined in s.360(2) · see it in the full Act
the Authority

“the Authority” means the Greater London Authority;

Defined in s.424(1) · see it in the full Act
waste contract

“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 that Act (waste on land) , and

Defined in s.360(2) · see it in the full Act
tender notice

“tender notice” has the same meaning as in section 21(2) of the Procurement Act 2023 ,

Defined in s.360(2) · see it in the full Act

Cases considering section 356 3

West London Waste Authority, R (on the application of) v The Mayor of London

[2007] EWHC 757 (Admin) · 4 April 2007Limits

Confers a power to direct a waste disposal authority only where the Mayor considers the direction necessary to implement the municipal waste management strategy. The power is limited by the strategy read as a whole and cannot be used to exclude an option that might accord with it. (see paras [5], [74]-[82], [105]-[108])

Western Riverside Waste Authority, R (on the application of) v Wandsworth Borough Council

[2005] EWHC 536 (Admin) · 7 April 2005

Confers on the Mayor an express power to direct London waste authorities as to how they exercise their functions. Its existence supported the conclusion that no equivalent wider power should be implied for a waste disposal authority (see paras [64], [79]-[80]).

Mayor of London v London Borough of Enfield

[2008] EWCA Civ 202 · 18 March 2008

Applies: section 356 supplied the statutory basis for the Mayor’s direction requiring compensatory provision after closure of a waste site; the appeal concerned the rationality of maintaining it. (see para [5])

What each judgment says about section 356 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F595Words 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)
  2. F596S. 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)
  3. F597S. 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)
  4. F598Words 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)
  5. F599S. 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)