6.3 The process starts with a proposal to the Secretary of State by all the authorities within the relevant area that are currently responsible for the waste functions which are proposed to be transferred to the JWA. Each of the authorities concerned is required to consult local electors within its area, and any other interested party in the area, before submitting the proposal to the Secretary of State. The Secretary of State has set out in Regulations and statutory guidance the matters which need to be covered in the proposal, which will include:
• Benefits expected to be delivered (e.g. environmental impacts and operational improvements to waste services);
• The number of members on the JWA;
• How many members will be appointed by each of the constituent authorities (the authorities which would have been discharging those functions had the JWA not been established);
• Provision for the JWA to recover its costs from the constituent authorities, and as to how those costs will be allocated between the constituent authorities; and
• Voting procedure.
6.4 The Secretary of State will then consider the proposal and, if he is of the opinion that the proposal will produce positive public benefits, he then makes an Order which gives effect to the proposal, with or without modifications. He may not extend the area of the JWA beyond that set out in the proposal, and may not transfer any functions to the JWA other than those specified in the local authorities proposal. The Order may establish the Joint Waste Authority and transfer functions to the JWA, but may also provide for:
• The transfer of property, rights, assets and liabilities;
• That proceedings commenced by or against an existing waste authority can be continued against the Joint Waste Authority (to ensure third parties do not lose rights of action against previous authorities when the functions are transferred);
• Transfer of staff, compensation for loss of office, pensions and other staffing matters;
• Continuity of legal personality, so that the Joint Waste Authority is treated as the same person in law as the authorities from whom it has had powers transferred;
• Amending, modifying, excluding and applying existing legislation to the JWA; and
• Incidental, consequential, transitional and supplementary provisions.