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, provides 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, the 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 is 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.

The JWA option is only one of a variety of partnership models open to local authorities to enable them to gain efficient high quality services for residents.

Becoming a JWA

Local authorities interested in establishing a joint waste authority should read the Regulations, which will come into force on 18 February 2009 and statutory guidance, which was published on 28 January 2009. The Regulations set out the matters to be included in a JWA proposal and information to accompany such a proposal. The guidance accompanies the Regulations and gives advice on the Public Involvement in Health Act 2007, what JWA proposals should seek to achieve, the Regulations themselves and general issues relating to proposals. Local authorities 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 2008, Joan Ruddock wrote to the Chief Executives of all English local authorities asking them to indicate by 23 July 2008 if they were interested in submitting a formal proposal to form a JWA to the Secretary of State in the year 2008/09. However, an expression of interest may still be made if you are interested in submitting a proposal, by using the form included in Joan Ruddock’s letter referred to above. To request a Word version of this form that can be filled in and emailed to us, you may use the contact details at the bottom of the page or use the links below. Please include "JWA Expression of Interest Form" in an email title. The information bulletin (18/09) announcing that the Regulations come into force on 18 February and the accompanying statutory guidance and names of the authorities in the groups  who have expressed an interest was published on 28 January.

The deadline for receipt of all applications and information facilitating the assessment process for the initial ‘round’ has been extended from 31st March 2009 to 31 July 2009.  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 future interest, we would intend to assess future applications as part of a similar ‘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 when agreed. However, it is envisaged that a large proportion of the funding will be distributed between the 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  helps us to plan funding as well.

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. It could provide benefits from cost efficiencies through, for example, joint procurement for contracts, opportunities to share waste facilities, trucks and staff, and more joined-up services within and across local areas.

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.  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.

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
Email: LAWFG@defra.gsi.gov.uk

Links

Page last modified: 16 March 2009
Page published: 25 January 2007