1.1 There are clear benefits to waste authorities from inter-authority collaboration. Such benefits can be in terms of coordination of activities, particularly of the discharge of waste collection and disposal functions where these functions are currently split between different authorities, sharing the cost of procurement and benefits from economies of scale arising from for example, using the greater volume of residual waste to attract tenderers and securing better contract prices.
1.2 Waste Strategy for England 2007 ("WS2007") commented on the growing need for local authorities to work together in order to deliver improved accountability and leadership, increased efficiency and improved outcomes, particularly in two tier areas. WS2007 acknowledged that a number of authorities had moved forward in recent years to develop more formalised partnership arrangements in order to improve their delivery of waste services and that the Government was legislating to allow the creation of joint waste authorities through the Local Government and Public Involvement Bill (which was implemented as an Act on the 30 October 2007).
1.3 Local Authorities have been strongly encouraged to explore with neighbouring authorities the opportunities for joint working when considering a major procurement. Defra's 'Criteria for Securing Waste PFI Credits' provides five reasons why co-operation with neighbouring Authorities would be desirable:- to increase market interest, to assist with the availability of suitable sites, to enhance co-operation in relation to transport links and logistics, to strengthen the negotiating advantage and provide economies of scale. Defra's PFI criteria state that in types of partnership such as regional or multi-area partnerships, plans should demonstrate evidence of strong joint working and the intention to have legally binding agreements or arrangements (e.g. joint waste management boards) in place by the start of the dialogue process.
1.4 Waste authorities have traditionally collaborated on a contractual basis and by joint decision making through the establishment of joint committees at member level and joint project teams at officer level. The joint committees are a mechanism for joint decision making rather than separate legal entities. They rely upon a lead authority to employ staff, borrow money and own land, and they cannot enter contracts in their own name. For this reason, part 11 (sections 205 to 211 and schedule 13) of the Local Government and Public Involvement in Health Act 2007 enabled the establishment of joint waste authorities as distinct, single purpose waste collecting, disposal and street cleansing authorities.
1.5 For this reason, part 11 (sections 205 to 211 and schedule 13) of the Local Government and Public Involvement in Health Act 2007 enabled the establishment of joint waste authorities as distinct, single purpose waste collecting, disposal and street cleansing authorities.
1.6 This guidance document seeks to assist waste authorities who are exploring options for joint working in determining the most appropriate approach to suit their circumstances and to deliver their requirements. This note focuses particularly on Joint Committee/ Lead Authority models of Joint Working (as, in our experience this has historically been the model that has been used) and the new model of joint working for waste authorities i.e. a statutory joint waste authority. It explores the features and pros and cons of both mechanisms and these are summarised in tabular form in Appendix One.
1.7 For completeness this guidance document also sets this in the context of the wider landscape of joint working which offers a number of options for inter authority collaboration. These options are set out fully in Appendix Two.
1.8 Appendix Three sets out a tabular summary of the features of all the options for inter authority collaboration addressed in this note.
1.9 A range of other advice and guidance documents from a number of sources already exist which can assist authorities in analysing the best option for their circumstances and the implications of their choices. Any guidance which predates 2008 will need to be read with caution as the option to create a statutory joint waste authority only emerged from the Local Government and Public Involvement in Health Act 2007 and therefore will not feature as an option in earlier publications. Similarly any references to "Joint Boards" as a theoretical mechanism to deal with inter-authority collaboration on waste are now redundant as the joint waste authority option provides a waste specific model of the same nature as a Joint Board.
1.10 Irrespective of the basis chosen for joint working, local authorities adopting joint working schemes should apply the general principles contained in the WIDP guidance on project governance.1 These general principles should be applied to any proposals to ensure that responsibilities, roles and accountabilities are clearly defined.
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1 All WIDP guidance documents, including the guidance on project governance, are available at: http://www.defra.gov.uk/environment/waste/localauth/funding/pfi/procurement-pack.htm