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Joint Waste Collection Services Committee

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JOINT WASTE COLLECTION SERVICES COMMITTEE

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.