Commentary on Sections Introduction
475.Sections 205 to 211 concern the establishment of joint waste authorities. The provisions allow two or more local authorities to submit a proposal to the Secretary of State for the creation of a joint waste authority to discharge some, or all, of their waste functions (collection, disposal and/or street cleansing) through that authority. The decision to make a proposal to form a joint waste authority is a voluntary one. The Secretary of State may then implement the proposal, with or without limited modifications, by order.
476.The Secretary of State may issue guidance to advise authorities on what proposals for joint waste authorities should seek to achieve and the issues that authorities should consider when preparing proposals. The Secretary of State may also make regulations that set out what matters the proposals must cover and what information must accompany them.
477.The provisions give the Secretary of State the power to implement proposals by order, with or without modifications. However, the Secretary of State may not establish a joint waste authority for an area other than that specified in the proposal or to discharge functions other than those specified in the proposal.
478.The Secretary of State has the power to dissolve a joint waste authority in two circumstances: where all the member authorities have requested him to do so; or where he considers it necessary to do so.