Advanced partnerships for local authorities

Authorities at an advanced stage of partnership working have usually chosen to pursue a high level of integration, covering a wide scope – often including the merging of various waste functions (collection, street cleansing, disposal, contract management and back office functions) at an operational as well as strategic level.  They may have pooled significant levels of funding and be looking to formally share governance arrangements through the establishment of new decision-making structures and groups, as well as administrative functions and personnel.

Advanced partnership working can take several different forms. It includes joint contracting, for example where waste authorities in a particular area may decide to jointly let contracts for certain services. Additionally, authorities may choose to collaborate administratively, which means they can share or pass functions between them using local government law powers.

In a Joint Committee members from participating authorities come together to take certain delegated decisions. In some cases authorities agree to appoint one authority as a “lead authority”, to act as agent for each of the others. In doing so they delegate their functions to that lead authority, to exercise them across the combined area.

A Joint Committee is not a separate legal entity so  whilst it can take decisions, within the powers delegated to it by the partner authorities, and can make recommendations, it can’t enter into arrangements with third parties, enter a contract in its own name, or own land or employ staff. It is therefore the partner authorities which implement the decisions that a Joint Committee takes.  Where a ‘lead authority’ has been designated it may undertake certain functions and enter into contracts on their behalf, supported by an Inter-Authority Agreement.

Another advanced partnership working option that is now available is the establishment of a Joint Waste Authority A JWA will be a statutory body which will take on and discharge all of the powers and responsibilities of its partner authorities relating to one or more of their waste functions. Authorities themselves decide which functions they wish to transfer to a JWA, and submit a proposal to the Secretary of State.

When established, a JWA will be a legal entity, able to enter into contracts in its own right and to employ staff. Established by Order, a JWA can only be dissolved in limited circumstances, giving structural stability that should appeal to the waste management industry and potential investors.

Practical support and advice for local authorities seeking to develop and implement advanced partnership working can be found on the Waste Improvement Network.

Page published: 15 June 2009