Joint Waste Authorities (JWAs)
The Local Government and Public Involvement in Health Act 2007 introduced new powers to allow the Secretary of State to create Joint Waste Authorities (JWAs) where a group of one or more authorities requests this. This new measure, which was requested by local authorities, will provide another option for partnership working for those authorities that wish to put joint working on waste on a statutory footing. A JWA will be a new legal entity able to sign contracts and employ its own staff.
Groups of authorities will be able to voluntarily request, by submitting a proposal to the Secretary of State, creation of a JWA in order to enable stronger partnership working on waste. A JWA would take on the powers and responsibilities of its constituent authorities relating to one or more of its waste functions: waste disposal, waste collection, and/or street cleansing. It would be for groups of authorities to propose exactly which services a JWA should cover. Government will work with authorities to determine the structure, constitution and funding of their partnerships.
Becoming a JWA
Local authorities interested in establishing a joint waste authority should read the draft Regulations and guidance and contact LAWFG@defra.gsi.gov.uk. They should also take reasonable steps to consult local residents and other interested parties on any draft proposals before submitting them to the Secretary of State.
On 6 June, Joan Ruddock wrote to the Chief Executives of all English local authorities asking them to indicate if they are interested in submitting a formal proposal to form a JWA to the Secretary of State in the coming year. The Secretary of State asked for this to be submitted by 23 June. However if you missed the deadline but are still interested in submitting a proposal, this does not preclude you from doing so, and so we would still welcome an expression of interest as soon as possible. Please note that we anticipate a deadline of 31 March 2009 for receipt of proposals in the initial ‘round’.
- Letter by Joan Ruddock to the Chief Executives of all English local authorities (PDF 50 KB)
(To request a Word version of the Expressions of Interest Form in the letter that can be filled in and emailed to us, you may use the contact details at the bottom of the page. Please include "JWA Expression of Interest Form" in an email title.)
Please also see:
- Further advice on expressing an interest in applying for JWA status (PDF 22 KB)
- Timetable for the process from the submission of a JWA proposal to legal establishment (PDF 20 KB)
- Frequently asked questions (PDF 15 KB)
We are currently anticipating the deadline for receipt of all applications and information facilitating the assessment process to be 31st March 2009. but if an expression of interest is made but the proposal is not submitted by then, the proposal could still be submitted at a later date. Depending on the level of interest, we would intend to assess future applications as part of a ‘round’ process. However, no decision has been made yet on when these might be. We will in part take a decision based on discussions with authorities.
The Secretary of State will implement successful proposals by Order. JWAs can only be dissolved in limited circumstances: where all the constituent authorities agree to do so or where the Secretary of State considers it is necessary to do so.
Support to local authorities
Defra has allocated £500,000 for 2008/09 to support the development of proposals for joint waste authorities. It is anticipated that further funding will be allocated for the following two years. Precise details of how the funding will be distributed are still being developed and will be put on this webpage shortly. However, it is envisaged that a large proportion of the funding will be distributed between a small number of interested local authority partnerships that are committed to developing a proposal to establish a joint waste authority to support them in this work. Understanding the level of interest through expressions of interest will help us to plan funding as well.
Consultation
The Government recently undertook a public consultation on draft Regulations and guidance regarding proposals for joint waste authorities. It asked for views on what proposals for joint waste authorities should seek to achieve; the key issues of how joint waste authorities will work; and criteria for assessment of proposals. The consultation closed on 9 June 2008, and the Government’s response to the consultation have now been published. We aim to finalise and publish the Regulations and guidance in autumn/winter 2008. Local authorities interested in establishing a joint waste authority should read the draft Regulations and guidance and contact LAWFG@defra.gsi.gov.uk. (See also section above on Becoming a JWA )
Background
Partnership working
Joint working between local authorities is becoming increasingly important as a means of delivering quality services to residents and meeting the UK's Landfill Directive obligations at affordable cost. Some smaller waste disposal authorities find it difficult to procure new waste facilities needed to divert waste from landfill cost-effectively on their own, and it is becoming common for authorities to work with neighbours to procure new facilities. Joint working is particularly important in two-tier areas, where responsibilities for waste collection and waste disposal are split between different authorities. As we move to new, more sustainable ways of managing waste it is becoming increasingly important to integrate collection and disposal. There is also potential to generate efficiencies. For more information see joint and partnership working.
Economies of Scale - Waste Management Optimisation Study
AEA Technology carried out work for Defra examining potential economies of scale in waste management and barriers to achieving them. This highlighted the importance of authorities sharing waste disposal facilities if we are to meet the EU landfill directive targets at least cost.
- Economies of scale: waste management optimisation study - final report (PDF 600 KB), (amended April 2007)
Innovation Forum report on Joint Working in Waste Management
The Waste Management Innovation Forum report, published June 2006, highlighted the benefits of joint working in two tier areas, citing possible efficiency savings of around £150m nationally.
One of the key barriers to joint working identified by the Innovation Forum report is the limited legal basis for joint working arrangements. This can create difficulties when authorities are dealing with the private sector. A mechanism which allowed authorities to enter into a legal commitment to work together on a statutory basis would give certainty to potential lenders and contractors. Other barriers identified by the Innovation Forum report were the complexity of joint arrangements for financing and scrutiny of decision making. Allowing authorities the option to apply for creation of a formal Joint Waste Authority should significantly reduce these barriers to joint working.
Further information
Contact
Local Authority Waste Funding and Governance (LAWFG) Team
Tel 020 7238 4376
LAWFG@defra.gsi.gov.uk
Links
- The Local Government and Public Involvement in Health Act follows the recently published Local Government White Paper ‘Strong and Prosperous Communities’ - White Paper
- Local Government and Public Involvement in Health Act 2007
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Page last modified: 13 August 2008
Page published: 25 January 2007