JOINT WASTE COLLECTION SERVICES COMMITTEE
Meetings of this Committee can
be viewed from: https://www.youtube.com/user/SurreyHeathBC
1.
Establishment of the
Joint Waste Collection Services Committee
1.1.
The Joint
Waste Collection Services Committee is established under sections
101(5) and 102 of the Local Government Act 1972 and Regulations 7
and 11 of the Local Authorities (Arrangements for the Discharge of
Functions) (England) Regulations 2012 by the Executives or relevant
Committees of Elmbridge Borough Council, Mole Valley District
Council, Surrey Heath Borough Council and Woking Borough Council
(each an Authority and together the Authorities).
2.
Objectives
of the Joint Waste Collection Services (JWCS) Committee
2.1.
The JWCS
Committee shall be established to facilitate the Authorities
working together to improve the quality and effectiveness of the
discharge of their waste, collection, management and disposal
functions under the relevant provisions of the Environmental
Protection Act 1990 as Waste Collection Authorities and Principal
Litter Authorities and to manage the Joint Contract. This working
together shall also include working in partnership with Surrey as
the Waste Disposal Authority to maximise integration
opportunities.
3.
FUNCTIONS
AND ACTIVITIES TO BE UNDERTAKEN BY THE JWCS COMMITTEE ON BEHALF OF
THE AUTHORITIES
3.1.
The JWCS
Committee shall not make any decisions the effect of which would be
to put any Authority in breach of any contract (including the Joint
Contract).
3.2.
The JWCS
Committee, the Contract Partnering Board comprising of the Lead
Officers reporting to the JWCS Committee and the Authorising
Officer reporting to the Contract Partnering Board shall have such
powers delegated as are set out in the Inter Authority Agreement
and such further powers as may from time to time be delegated to
the JWCS Committee by the Leaders or Executives or Committees of
the constituent Authorities or by the constituent
Authorities.
3.3.
The
following functions (the Reserved Matters) are
matters reserved to each of the Authorities making such delegation
and shall not be within the powers of the JWCS
Committee:
3.3.1.
all
non-executive functions of any of the Authorities;
3.3.2.
approval to
the Authority’s proportion of and contribution to the Annual
Budget, including any capital expenditure;
3.3.3.
authorisation of the use
of borrowed money from the Public Works Loan Board (Prudential
Borrowing) to fund capital expenditure under the Joint
Contract;
3.3.4.
any decision
which would result in expenditure beyond the Annual Budget;
3.3.5.
any decision
in respect of which a scrutiny committee of any of the appointing
Authorities has notified the secretary to the JWCS Committee in
writing of the Authority’s formal objection to the proposed
decision in accordance with clause 9.1 of Schedule 1 (The
Constitution of the Committee);
3.3.6.
approval or
amendment of any joint working agreement between the Authorities in
respect of the Authorities’ waste collection
functions;
3.3.7.
major
Services changes which have a financial impact beyond the Joint
Contract;
3.3.8.
fees and
charges, for example for garden waste bins collection or bulky
waste collection or commercial waste collections where this is in
discharge of the Authorities’ duties under the Environmental
Protection Act 1990 or otherwise;
3.3.9.
Joint
Contract extension or termination;
3.3.10.
property
disposals/acquisitions; and
3.3.11.
New
Authorities proposing to join the Joint Contract and the
Inter-Authority Agreement.
4.
AIMS AND
OBJECTIVES OF THE JOINT CONTRACT
4.1.
The
Authorities acknowledge that the Joint Contract has been entered
into in furtherance of the aims and objectives set out in this
paragraph 4.
Aims
4.2.
The aims
are:
4.2.1.
Delivery of
higher performing, better value waste services for Surrey tax
payers by collaborative working and joint decisions;
4.2.2.
Arrangements
structured in such a way as to ensure that the interests of each
individual Authority (and the taxpayers that each represents) are
protected;
4.2.3.
Standardisation of
policies to encourage reducing, recycling, reusing
waste;
4.2.4.
Honest
communication and mutual partnership between
Authorities;
4.2.5.
Scrutinising
existing arrangements regularly to identify opportunities for
service improvement and cost savings;
4.2.6.
Deliver the
principles set out in the Surrey Waste Partnership
strategy;
4.2.7.
Innovative
approaches to improve waste management.
Objectives
4.3.
The
objectives align with the Surrey Waste Partnership Joint Municipal
Waste Management Strategy Revision 2 (2015):
4.3.1.
Ensure
Surrey tax payers are getting a consistent and value for money
waste service;
4.3.2.
Amount of
waste produced to continue to be reduced, recycled or
reused;
4.3.3.
To increase
materials reused, recycled or composted;
4.3.4.
To protect
and enhance the environment for future generations;
4.3.5.
To reduce
waste sent to landfill;
4.3.6.
Continual
improvement of waste management;
4.3.7.
Honest
communication and mutual partnership between the
Authorities.
5.
MEMBERSHIP
AND APPOINTMENT OF THE JWCS
COMMITTEE
5.1.
Each
Authority shall nominate one of its elected members to be its
representative on the JWCS
Committee.
5.2.
The
JWCS Committee shall have a delegated power
to permit additional membership of the JWCS
Committee in a co-opted role without voting rights.
5.3.
Each member
of the JWCS Committee shall have one vote at
meetings of the JWCS Committee.
5.4.
Each member
of the JWCS Committee shall be appointed for
the term of office, or the balance of the term of office, of the
Executive of the appointing Authority.
5.5.
The
appointment of elected members to the JWCS
Committee to fill any vacancy for such elected member shall be made
by the Executive or relevant committee of each
Authority:
5.5.1.
as soon as
practicable following the adoption of the constitution of the
JWCS Committee by the Executive or relevant
committee or full council of that Authority;
5.5.2.
as soon as
practicable after the appointment of the Executive or relevant
committee of that Authority in accordance with that
Authority’s constitution; and
5.5.3.
as soon as
practicable after a vacancy arises in respect of a seat on the
JWCS Committee to which the executive or
relevant committee of that Authority has the power to make an
appointment.
5.6.
A member of
the JWCS Committee shall cease to be a member
of the JWCS Committee and a vacancy shall
automatically arise, where:
5.6.1.
the member
resigns from the JWCS Committee by giving
notice in writing to the Secretary to the JWCS Committee;
5.6.2.
the member
ceases to be, or is suspended under Part III of the Local
Government Act 2000 from acting as, an elected member of the
appointing Authority or a member of the Executive or relevant
committee of the appointing Authority;
5.6.3.
the member
of the JWCS Committee is removed from
membership of the JWCS Committee by
notification in writing from the Leader of the appointing Authority
to the Secretary of the JWCS
Committee.
5.7.
All
appointments to membership of the JWCS
Committee shall be made by notification in writing from the Leader
or the Chief Executive of the appointing Authority to the Secretary
of the JWCS Committee.
5.8.
Upon being
made aware of any member ceasing to be a member of the JWCS Committee, the Secretary of the JWCS Committee shall write to that member confirming that
he/she has ceased to be a member of the JWCS
Committee and notifying the appointing Authority and the other
members of the JWCS Committee
accordingly.
5.9.
Each
Authority will appoint a substitute member of the JWCS Committee on the same terms as the Authority’s
appointed member of the JWCS Committee. The
substitute member may attend any meeting of the JWCS Committee with all the powers of the
Authority’s appointed member in the event that an appointed
member is unable to attend a particular meeting.
6.
CHAIR AND
VICE-CHAIR OF THE JWCS COMMITTEE
6.1.
At the first
meeting of the JWCS Committee after the
annual meetings of each Authority in any year, the JWCS Committee shall elect a Chair of the JWCS Committee and a Vice Chair of the JWCS Committee for the following three years from among
the members of the JWCS Committee, save that
any co-opted members shall not be entitled to election as Chair or
Vice-Chair of the JWCS Committee.
6.2.
By
convention, if the Chair of the JWCS
Committee in any period is a member of one of the Authorities, the
Chair of the JWCS Committee for the next
period of 3 years would normally be a member of another of the
Authorities.
6.3.
The Chair
and the Vice Chair of the JWCS Committee
shall each hold office until:
6.3.1.
a new Chair
or Vice-Chair of the JWCS Committee is
elected in accordance with clause 4.1 above,
6.3.2.
he/she
ceases to be a member of the JWCS Committee,
or
6.3.3.
he/she
resigns from the office of Chair or Vice-Chair by notification in
writing to the Secretary of the JWCS
Committee.
6.4.
Where a
casual vacancy arises in the office of Chair or Vice Chair of the
JWCS Committee, the JWCS Committee shall at its next meeting elect a Chair or
Vice Chair, as the case may be, for the balance of the term of
office of the previous Chair or Vice Chair.
6.5.
Where, at
any meeting or part of a meeting of the JWCS
Committee, both the Chair and the Vice-Chair of the JWCS Committee are either absent or unable to act as
Chair or Vice Chair, the JWCS Committee shall
elect one of the members of the JWCS
Committee present at the meeting to preside for the balance of that
meeting or part of the meeting, as appropriate.
7.
SECRETARY TO
THE JWCS COMMITTEE
7.1.
The
JWCS Committee shall be supported by the
Chief Executive or nominated officer of the Administering Authority
in his/her capacity as Secretary to the JWCS
Committee.
7.2.
The
functions of the Secretary of the JWCS
Committee shall be:
7.2.1.
to maintain
an online record of membership of the JWCS
Committee;
7.2.2.
to notify
the chief executive and Lead Officer of each appointing Authority
of any anticipated decisions to be taken by the JWCS Committee over the year (whether or not key
decisions) and updated on a monthly basis, to enable such decisions
to be included in the forward plans of each appointing Authority as
required by the Local Authorities (Executive Arrangements)(Meetings
and Access to Information) (England) Regulations 2012 and in
accordance with their respective constitutions;
7.2.3.
to carry out
such notification to and consultation with members of the
appointing Authorities as may be necessary to enable the
JWCS Committee to take urgent decisions which
have not been included in the Forward Plans of the
Authorities;
7.2.4.
to notify
the chief executives of the Authorities of the dates, times and
venues of meetings and to publish the dates times and
venues;
7.2.5.
to summon
meetings of the JWCS Committee in accordance
with clause 8 below;
7.2.6.
to prepare
and send out the agenda for meetings of the JWCS Committee in consultation with the Chair and the
Vice Chair of the JWCS Committee and the Lead
Officers;
7.2.7.
to keep a
record of the proceedings of the JWCS
Committee;
7.2.8.
to take such
administrative action as may be necessary to give effect to
decisions of the JWCS Committee;
7.2.9.
to undertake
such other functions as may be determined by the JWCS Committee.
8.
CONVENING OF
MEETINGS OF THE COMMITTEE
8.1.
Meetings of
the JWCS Committee shall be held at such
times, dates and places as may be notified to the members by the
Secretary to the JWCS Committee, being such
time, place and location as:
8.1.1.
the JWCS Committee shall from
time to time resolve;
8.1.2.
the Chair of the JWCS
Committee, or if he/she is unable to act, the Vice-Chair of the
JWCS Committee, shall notify to the Secretary
of the JWCS Committee; or
8.1.3.
the
Secretary to the JWCS Committee, in
consultation where practicable with the Chair and Vice Chair of the
JWCS Committee, shall determine in response
to receipt of a request in writing addressed to the Secretary of
the JWCS Committee:
·
from and signed by two members of the JWCS Committee, or
·
from the chief executive of an Authority,
or
·
from the Leader of an Authority,
which request sets out an item of
business within the functions of the JWCS Committee that needs to
be considered prior to the next scheduled meeting of the JWCS
Committee.
8.2.
The
Secretary to the JWCS Committee shall
formulate the agenda for any meeting of the JWCS Committee after consulting, where
practicable:
8.2.1.
the Lead
Officers;
8.2.2.
the Chair
and the Vice-Chair of the JWCS
Committee;
8.2.3.
and shall
incorporate in the agenda any items of business and any reports
submitted by
·
any two members of the JWCS Committee in
accordance with clause 8.1.3 above
·
the Leader of any of the Authorities
·
the chief executive of any of the Authorities (or
their nominated officers)
·
Lead Officers
·
the chief finance officer/section 151 officer to
any of the Authorities
·
the monitoring officer to any of the
Authorities
·
such other officers as the JWCS Committee may determine for this purpose.
9.
PROCEDURE AT
MEETINGS OF THE JWCS COMMITTEE
9.1.
The
JWCS Committee shall conduct its business in
accordance with the executive decision-making procedure rules of
the Administering Authority, and as set out below.
9.2.
The quorum
for a meeting of the JWCS Committee shall be
four members. If an Authority
fails to attend two consecutive meetings that are properly
notified, the next meeting shall be considered quorate for the
purposes of majority voting even if that Authority fails to
attend.
9.3.
The Chair of
the JWCS Committee, or in his/her absence the
Vice Chair of the JWCS Committee, or in
his/her absence the member of the JWCS
Committee elected for this purpose, shall preside at meetings of
the JWCS Committee.
9.4.
Whilst the
JWCS Committee shall seek, wherever possible,
to work on a principle of consensus, decisions of the JWCS Committee shall, subject to clause 9.5 below, be
determined by a majority of the members of the JWCS Committee present and voting except where a decision
would be Detrimental to any Authority or put an Authority to cost
in which case the decision shall be determined by a unanimous
vote. In the event of an equality of
votes in a simple majority vote, the person presiding shall have a
second or casting vote.
9.5.
Where the
JWCS Committee is unable to support any
motion on a matter, or any voting member of the JWCS Committee is unable to support any motion on a
matter, the decision will be held in abeyance until the next
meeting of the JWCS Committee where a
decision shall be taken in relation to that matter. In such
circumstances, the Secretary to the JWCS
Committee will notify the matter to the leaders of the
Authorities.
9.6.
Any decision
of the JWCS Committee is subject to the
scrutiny arrangements as set out in clause 11 below.
9.7.
If there is
a conflict between the governance arrangements contained in this
Constitution and the executive decision-making procedure rules of
the Administering Authority, the governance arrangements contained
in this Constitution shall have precedence.
10.
ATTENDANCE
AT MEETINGS OF THE JWCS COMMITTEE
10.1.
Notwithstanding that, in
accordance with the provisions of the Local Government Act 1972, a
meeting or part of a meeting of the JWCS Committee may not be open
to the press and public, the members and officers specified in
clause 10.2 below of each Authority shall be entitled, in person or
by another officer nominated by that officer, to attend any or all
parts, of such meetings, unless the particular member or officer
has a conflict of interest, which under any applicable code of
conduct, prohibits attendance at the meeting whilst the matter is
under consideration.
10.2.
The
following are the elected members and officers who shall have a
right of attendance in accordance with clause 8.1 above:
10.2.1.
all elected
members of the constituent Authorities
10.2.2.
the chief
executive of any of the constituent Authorities or nominated
officers
10.2.3.
the Lead
Officers of the constituent Authorities
10.2.4.
the chief
finance officer/section 151 officer to any of the constituent
Authorities
10.2.5.
the
monitoring officer to any of the constituent Authorities
10.2.6.
any person
appointed by the JWCS Committee to manage
particular projects
10.2.7.
any other
officer of the Authorities at the request of any member of the
JWCS Committee.
11.
CALL-IN BY
SCRUTINY COMMITTEES
11.1.
The
delegation of powers from each Authority to the JWCS Committee is
subject to the limitation that all decisions taken by the JWCS
Committee in accordance with delegations from each Authority shall
only take effect five clear Working Days after publication of the
decisions following a relevant meeting of the JWCS Committee and
shall be ineffective if a relevant Scrutiny Committee of one or
more of the Authorities has given notice in writing of call-in to
the Chief Executives of the other Authorities and to the Secretary
to the JWCS Committee within such period of five clear Working
Days.
11.2.
The
Authority seeking call-in needs to identify which part or parts of
the decision are called-in and to give the reasons for call-in and
shall have support of the relevant number of its members as set out
in the constitution of that Authority.
11.3.
If a
decision of the JWCS Committee is called-in, it shall not be
implemented save where the decision on the call-in is to support or
take no further action, in which case the decision shall take
effect at the conclusion of that call-in meeting, or where the
meeting of the Authority’s overview and scrutiny committee
does not take place within ten clear Working Days of the valid
submission of a notice triggering a call-in under clause 11.2
above, the decision shall take effect on the date of the expiry of
the ten Working Day period.
11.4.
Such matters
shall within a further ten clear Working Days be referred and
considered by a meeting of the relevant scrutiny committee(s). The
relevant scrutiny committee(s) may make such recommendations to the
next meeting of the JWCS Committee on the matter as they think
fit.
11.5.
Where an Authority or Authorities have made such
objection in respect of a matter, the JWCS Committee shall then
reconsider the matter within a further ten clear Working Days and
come to a decision. That second
decision shall take effect immediately and no Authority then can
call-in that second decision.
12.
STANDING
ORDERS FOR CONTRACTS, FINANCIAL REGULATIONS AND OFFICER
EMPLOYMENT PROCEDURE
RULES
12.1.
The JWCS
Committee shall operate under the standing orders for executive
decision making of the Administering Authority.