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Amendment of section 38 of Act of 1996.
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7.—Section 38 of the Act of 1996 is amended by the substitution for subsection (5) of the following subsection:
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“(5) Neither the provisions of this section nor the repeal of any enactment mentioned in Part I of the Fifth Schedule shall prejudice—
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(a) the continued operation of waste disposal facilities by the corporation of a borough (other than a county borough) or the council of an urban district, or
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(b) the use of such facilities by such a corporation or council at a more intensive level than the level of the use that was being made of them on the commencement of this section (whether the more intensive use is constituted by an increased input of waste into the facilities or the use of a larger proportion of the facilities than was being used on the commencement of this section or otherwise),
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if—
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(i) in a case falling solely within paragraph (a), the said facilities were in operation upon the commencement of this section, and
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(ii) in a case falling within paragraphs (a) and (b), subparagraph (i) is complied with and the use of the facilities at that more intensive level is provided for in the waste management plan in force in relation to the borough or urban district concerned.”.
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