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PART 3 (3) (RESPONSIBILITY FOR FUNCTIONS)

APPENDIX 1 FUNCTIONS NOT TO BE THE RESPONSIBILITY OF THE EXECUTIVE Function Decision By

1. Local Acts - Licensing Functions Licensing Committee (and Sub-

Committees)l/HoES delegation

2. Members' Allowances & Expenses Council (on recommendation of Independent Remuneration Panel)

3. Charges for Licences/Registration Licensing Committee (including Sub-Committees)

4. Joint Exercise of functions with other Authorities

Council

5. Development Control District Development Control Committee/Area Plans Subs/DOPED

6. Licensing and Registration (including Licensing Act 2003)

Licensing Committee (including Sub-Committees)/Delegation to Head of Environmental Services

7. Common Land Director of Environment and Street Scene

8. Health and Safety at Work (External Duties)

Service Directors

9. Elections and Electoral Registration

Appointment of Registration Officer Appointment of Registration Staff

parish council functions

(review of parish boundaries/ patterns) dissolution of parishes/grouping

parishes/separating parishes appointment of Returning officer

assistance at European elections

designation of polling districts

holding of elections

Council Returning Officer Council Council Council Returning Officer Returning Officer Returning Officer

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Function Decision By

payment of expenses

filling of vacancies if insufficient

nominations declaring of vacancies

notice of casual vacancies

temporary appointments to parish

councils fees and conditions for supply of

documents pilot schemes for elections

(submissions to Secretary of State)

Returning Officer Returning Officer Returning Officer Returning Officer Returning Officer Returning Officer Council

10. Name and Status of Areas/Individuals change of name of Authority } change of name - Parish } alderman or freeman } charter of Borough Council status }

Council

11. Byelaws

Council

12. Promotion/Opposition of Local or Personal Bills

Council

13. Local Government Pensions

Council

14. Creation, stopping up and diversion of } footpaths and bridleway }

15. Assertion/Protection of Rights of } Public Highway Use } }

District Development Control Committee/ Area Plans Sub-Committees and Delegation to Service Director

16. Removal of items causing nuisance } on highways }

17. Re-classification of roads used as } public paths }

18. Statutory Statement of Accounts

Council

19. Tree Preservation

DDC Committee/Area Plans Sub Committee/ delegation to Service Director

20. Protection of Hedgerows DDC Committee/Area Plans Sub-Committee delegation to Service Director

21. Standing Orders/Contract Standing Orders

Council

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Function Decision By

22. Payments in respect of

maladministration compensation

Delegation to Chief Executive

23. Appointment of Staff

For Chief Executive, Service Director – an Appointments Panel established for the purpose For other Staff – Chief Executive/Service Directors delegation

24. Designation of areas under Section 13 of the Criminal Justice and Police Act 2001 (Section 13)

Licensing Committee

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APPENDIX 2 TO PART 3 (RESPONSIBILITY FOR FUNCTIONS)

FUNCTIONS NOT TO BE THE SOLE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE Function Lead Decision By 1. Best Value Performance Plan P/F Finance/Perf M. Council 2. Community Plan P/F Leader Council 3. Crime and Disorder Reduction

Strategy P/F Community Wellbeing Council

4. Development Plan (including any supporting plans and strategies)

P/F Plg & Econ. Dev. Council

5. Approval of draft proposals for public consultation in accordance with the Town and Country Planning (Development Plans) (England) Regulations 1999 (alteration to or replacement of a Development Plan)

P/F Plg & Econ. Dev. Council

6.* Community Care Plan (EFDC input)

P/F Community Wellbeing Executive

7.* Food law Enforcement Service Plan

P/F Environment Executive

8.* Housing Strategy P/F Housing Council 9.* Local Agenda 21 Strategy P/F Environment 10. Capital Strategies and

Programme P/F Finance & Perf Man Council

11.* Asset Management Plan P/F Corporate Support Services and ICT

Executive

12* Economic Development Plan P/F Plg and Econ Dev (to be determined)

Executive

13* Health Improvement Plan (EFDC elements)

P/F Community Wellbeing Executive

14* Local Transport Plan P/F Plg and Econ Dev Council 15* Fuel poverty Strategy/HECA

Plan P/F Environment Cabinet

16 Budget and Council Tax P/F Finance & Perf Management

Council

17* Cultural Strategy P/F Leisure and Young People

Council

18* Social Inclusion Strategy P/F Community Wellbeing Council 19. Treasury Management, Policy

Statement and Borrowing Strategies

P/F Finance & Perf Management

Council

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20. Applications under Section 135(5) of the Leasehold Reform, Housing and Urban Development Act 1993 or Sections 32 or 43 of the Housing Act 1985 (disposals programme)

P/F Corporate Support Services and ICT

Council

21. Authorising under Section 70 of the Deregulation and Contracting Out Act 1994 the contracting out of functions which do not fall within the powers of the Executive

P/F Finance/Perf Management

Council

22. Power to place Council staff at the disposal of other local authorities under Section 113 of the Local Government Act 1972

P/F Corporate Support Services and ICT

Executive

* Denotes plan and strategies which may be designated by the Authority for

adoption by the Council.

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Part 3(3) (RESPONSIBILITIES

FOR FUNCTIONS) DEFINITION OF EXECUTIVE PORTFOLIOS (Rev 2008) 1. Leader (Joint Working and Partnerships Champion) Chairman of Cabinet Constitutional Matters Local Strategic Partnership Management and Co-ordination of Cabinet business Council Plan Major property/development proposals affecting the Council's property portfolio

valued in excess of £1 million (where necessary in consultation with the Housing Portfolio Holder) but excluding ongoing estate management and any HRA scheme of any amount.

Major property/development proposals valued in excess of £1 million which do not

affect the Council's property portfolio but which may have significant financial implications for the Council.

Staff Development Reviews for Chief Executive. 2. Community Wellbeing (Health, Equality and Diversity Champion) Crime and Disorder Day Clubs for the Elderly Emergency Planning Equalities and Diversity External Funding Grant Aid Health Service (including West Essex Primary Care Trust hospital, community and

mental health providers), and health inequalities Social Inclusion 3. Finance, Performance Management (Performance Management and Value for Money Champion) Accountancy Audit Benefits Budget (including Capital Programme) Best Value Performance Plan Cashiers Council Tax/NNDR Financial Management Insurance

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4. Housing Adaptations for the Disabled Caravan Sites Careline Emergency Alarm System Care and Repair (CARE) Council House Sales Council Housing Management Elderly Persons Garden Maintenance for Council Tenants Estate Management (Council Estates) Garages (Council-owned) Homelessness Housing Needs Advice Housing Investment Programme Leasehold Enquiries (Council Housing) National Mobility Scheme Private Sector Housing Stock Repairs (Council Housing) (and DSO) Right to Buy Social Housing Applications Supporting People Initiative Tenancy Matters (Council Housing) Transfers and Mutual Exchanges (Council Housing) Warden Assisted/Sheltered Housing 5. Environment (Safer, Cleaner, Greener Champion) Abandoned Vehicles Air Quality Animal Welfare (excluding licensing aspects) Asbestos Contaminated Land Dangerous Waste Energy Conservation Environmental Health Food, Home and Water Safety Infectious Diseases Pest Control Pollution (Noise and other) Public Conveniences Statutory and other Nuisances Skips Street Cleansing Waste Management Contract 6. Leisure and Young People (Young People's Champion) Arts Community Development Holiday Schemes Health Improvement Programme Leisure Centres Museum

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North Weald Airfield (Operational Leisure Activities including market) Play Provision Roding Valley Nature Reserve Swimming Pools Young People/Youth Council 7. Planning and Economic Development (Sustainability Champion) Building Control

Business Prosperity Conservation Corporate Sustainability Design Advice Economic Development Forward Planning Local Plan North Weald Airfield (Planning) Public Transport Rural Issues Town Centre Enhancement Schemes

Town Centre Management (Strategy and Overall Co-ordination) Town Centre Partnerships 8. Civil Engineering and Maintenance (Infrastructure Champion) Car Parking Concessionary Fares Countrycare Dangerous Buildings Grounds Maintenance Fleet Management Highways and Roads (including Local Service Agreement) Land Drainage (including flooding issues in the District) Sewerage Transport for London issues and monitoring 9. Corporate Support and ICT Services (Customer Services Champion) Asset Management Compliments and Complaints Procedures Corporate Support Services Customer Services (including Information Services) Depots Facilities Management Health and Safety - Employer's Responsibilities ICT Licensing Policy (excluding Licensing Committee responsibilities) Pensions & Superannuation Land Acquisitions and Sales (subject to those items reserved to the Leader's portfolio

and to consultation with the Leader on responsibility for any transaction of up to £1 million in value)

Local Land Charges North Weald Airfield - Operational Estates Management Telephones

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PART 3 (RESPONSIBILITY FOR EXECUTIVE FUNCTIONS) APPENDIX 3 CABINET - TERMS OF REFERENCE 1. THE CABINET 1.1 The Cabinet is responsible for exercising all executive functions as set out in

Article 7.01 and the following local choice functions: (a) Contaminated Land (b) Control of Pollution and the Management of Air Quality (c) Abatement Notices in Respect of Statutory Nuisances (d) Resolutions under Schedule 2 of the Statutory Nuisances Act 1993 (e) Complaints and Inspections of the District to Detect Statutory Nuisances (f) Highway Works under Section 278 1.2 The Cabinet is responsible for determining the content of the plans and strategies not

requiring the assent of the Full Council. 1.3 The Cabinet is responsible for proposing to Council the adoption of plans and

strategies reserved to the Council by statute or this Constitution. 1.4 The Cabinet may, from time to time, appoint Committees to assist in the carrying out

of the terms of reference. These shall be reviewed annually and re-appointed as appropriate.

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PART 3 (RESPONSIBILITY FOR EXECUTIVE FUNCTIONS) APPENDIX 4 COMMITTEES OF THE EXECUTIVE - TERMS OF REFERENCE 1. FINANCE AND PERFORMANCE MANAGEMENT 1.1 To advise and make recommendations to the Cabinet on the annual budget for

Council services, the Capital Programme and the setting of the Council tax. 1.2 To monitor expenditure by the Cabinet and other Committees within the framework of

the Council's budgetary policy and financial objectives and to keep the Cabinet informed of the Council's overall position.

1.3 To consider the financial management aspects of the annual Statutory Statement of

Accounts, in particular, any significant variations from the Council’s budget for the year in question and the medium term financial strategy.

1.4 To receive final draft reports from External Audit (including the Audit Management

letter and the External Audit Plan) from time to time received by the Council and to make recommendations thereon to the Cabinet.

1.5 To consider the work programme of Internal Audit and to make recommendations

thereon to the Audit and Governance Committee. 1.6 To advise and make recommendations to the Cabinet on risk management and

insurance issues. 1.7 To be responsible for corporate performance management and the preparation of the

Best Value Performance Plan. 1.8 This Committee comprises 5 Cabinet members and is chaired by the Portfolio Holder

for Finance and Performance Management. A Vice-Chairman will also be appointed by the Council from members of the Cabinet.

2. NORTH WEALD AIRFIELD STRATEGY 2.1 To monitor and submit recommendations to the Cabinet as appropriate on: (a) Strategic land use issues relating to the future development of the Airfield (b) Strategic matters relating to the business, recreational and other activities

conducted there (c) Proposals for redevelopment of the Airfield or its disposal 2.2 The Committee's terms of reference shall not extend to decision-making on existing

Council activities on the site which shall remain the prerogative of the relevant Portfolio Holders within the Cabinet or the Cabinet itself.

2.3 The Committee is chaired by the Portfolio Holder for Planning and Economic

Development and a Vice-Chairman will be appointed by the Council from members of the Cabinet.

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3. LOCAL DEVELOPMENT FRAMEWORK (LDF) 3.1 To oversee and submit recommendations to the Cabinet as appropriate on: (a) the preparation of the Local Development Framework (LDF); (b) the preparation of the Core Strategy including agreement of consultation

stages and documentation, and the responses that should be made to any representations received;

(c) the preparation of other Development Plan Documents including agreement

of consultation stages and documentation, and the responses that should be made to any representations received;

(d) the preparation of Supplementary Planning Documents including agreement

of consultation stages and documentation, and the responses that should be made to any representations received; and

(e) the revision of the Local Development Scheme and monitoring the

achievement of milestones. 3.2 To consider and provide input to consultants’ reports which contribute to the

establishment of an up-to-date evidence base to influence preparation of the LDF. 3.3 To consider options for joint or coordinate working with other councils, which best

meet the needs of this District, as required by the East of England Plan and (where relevant) the London Plan and to make recommendations to the Cabinet thereon.

3.4 To consider the comprehensive review of the East of England Plan, and make

recommendations to the Cabinet on any responses to be made. 3.5 To liaise with the Planning Services Scrutiny Standing Panel as appropriate. 3.6 To work within the budgetary provision for the LDF, as approved by the Cabinet and

the Council. 3.7 That the membership of the Committee comprise of 7 members of the Cabinet. 3.8 That the Committee is chaired by the Portfolio Holder for Planning and Economic

Development. NB (1) In the event that the Council’s Cabinet is constituted according the pro rata

membership requirements of the Local Government & Housing Act 1989, any political group not having representation on the Committee by virtue of one of the named Cabinet portfolios shall nominate one member of the Cabinet to serve on this Committee.

(2) In the event that seats on the Cabinet are allocated by the Leader of Council

solely to one political group, or to an alliance of one or more groups forming an administration, seats on the Sub Committee shall only be allocated to members of that group or alliance who have seats on the Cabinet.

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PART 3(3) (RESPONSIBILITY FOR

FUNCTIONS) APPENDIX 5

ESSEX WASTE MANAGEMENT PARTNERSHIP

CONSTITUTION FOR THE WEST ESSEX WASTE MANAGEMENT JOINT COMMITTEE

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PARTIES: (1) ESSEX COUNTY COUNCIL of PO Box 11, County Hall, Chelmsford, Essex CM1 1LX

(subsequently referred to as the “County Council”, which expression shall include its successors in title and assigns to the extent permitted under this Agreement); and

(2) EPPING FOREST DISTRICT COUNCIL of Civic Offices, High Street, Epping, Essex

CM16 4BZ (subsequently referred to as “Epping Forest”, which expression shall include its successors in title and assigns to the extent permitted under this Agreement); and

(3) HARLOW DISTRICT COUNCIL of Civic Centre, The Water Gardens, Harlow, Essex

CM20 1WG (subsequently referred to as “Harlow”, which expression shall include its successors in title and assigns to the extent permitted under this Agreement); and

(4) BRENTWOOD BOROUGH COUNCIL of Town Hall, Ingrave Road, Brentwood, Essex

CM15 8AY (subsequently referred to as “Brentwood”, which expression shall include its successors in title and assigns to the extent permitted under this Agreement); and

(5) UTTLESFORD DISTRICT COUNCIL of Council Offices, London Road, Saffron

Walden, Essex CB11 4ER (subsequently referred to as “Uttlesford”, which expression shall include its successors in title and assigns to the extent permitted under this Agreement); and

(6) BRAINTREE DISTRICT COUNCIL of Causeway House, Bocking End, Braintree,

Essex CM7 9HB (subsequently referred to as “Braintree”, which expression shall include its successors in title and assigns to the extent permitted under this Agreement),

and together referred to as “the Partner Authorities”.

RECITALS (A) The Partner Authorities wish to work together to improve the quality and efficiency of

their respective waste collection, recycling, waste disposal and/or allied, associated and related environmental services and to meet or exceed relevant targets set under legislation by procuring an integrated waste management solution under best value principles.

(B) The Partner Authorities are waste collection authorities and/or waste disposal

authorities with responsibilities and powers in relation to waste under the Environmental Protection Act 1990 and in particular under Sections 45, 51, 75 and 89.

(C) The Partner Authorities wish to establish a clear and accountable framework for them

to work together to promote the economic, environmental and social well-being of their respective areas and in order that they are able to respond in a more effective and co-ordinated way in relation to the development and implementation of an integrated strategy for waste management including the procurement of an integrated waste management solution in the West Essex area.

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(D) The Partner Authorities have decided to form a joint committee as the appropriate framework under Sections 101 and 102 of the Local Government Act 1972 and the Local Authorities (Arrangement for the Discharge of Functions) (England) Regulations 2000 (as amended) made under Section 20 of the Local Government Act 2000, and any other enabling legislation.

(E) The Partner Authorities have agreed:

• to form a joint committee with effect from [the date of this Agreement]; • to approve the first business plan of the joint committee; and • for the functions set out in this agreement to be delegated to the joint committee

and be discharged by the joint committee on behalf of their authority.

(F) This Agreement, and any future amendments to it, have been (or will be in the case of future amendments) put before a meeting of either the executive or a meeting of the full council of each of the Partner Authorities and has been (or will be) adopted by each such Partner Authority committing that authority to membership of the joint committee and to the terms and conditions of this agreement.

(G) This Agreement is without prejudice to each Partner Authority’s powers and

responsibilities as waste collection authorities and/or waste disposal authorities for their respective areas.

IT IS AGREED AS FOLLOWS: 1. INTRODUCTION 1.1 Definitions In this Agreement, unless the context otherwise requires:

“Aims and Objectives”

means the agreed aims and objectives of the Committee as set out in paragraph 3 of this Agreement;

“Alternative Arrangements”

shall have the meaning set out in the Local Authorities (Alternative Arrangements) (England) Regulations 2001;

“Annual Waste Conference”

means the conference referred to in paragraph 18 of this Agreement;

“Annual General Meeting”

means the first meeting of the Committee convened after the 1 January each year in accordance with paragraph 7 of this Agreement;

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“Business Plan”

means the business plan approved by the Committee and each of the Partner Authorities from time to time in accordance with this Agreement which expression shall include the First Business Plan;

“Chairman”

means the chairman of the Committee appointed by the Committee at each Annual General Meeting in accordance with paragraph 7 of this Agreement;

“Clerk to the Committee”

means the person so nominated by the County Council pursuant to paragraph 8 of this Agreement;

“Code of Conduct”

means for the purpose of each Partner Authority the relevant code of conduct for members adopted by that authority in accordance with the 2000 Act;

“Commencement Date”

means [the date of this Agreement];

“Committee”

means the Joint Committee constituted by this Agreement and the full title of this Joint Committee shall be the West Essex Waste Management Joint Committee;

“Committee Member”

means a member of the Committee appointed in accordance with this Agreement;

“County of Essex”

means the entire County of Essex as outlined in black on the map annexed at Schedule 1 (Map of West Essex Area Group) to this Agreement;

"Delegated Functions”

means the functions delegated by each of the Partner Authorities to the Committee as set out in paragraph 4 of this Agreement and as further detailed in the First Business Plan and each subsequent Business Plan;

“Division Member”

means in relation to an elected member of the County Council only, an elected member who is elected from an electoral division wholly or partly within the West Essex Area Group;

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“Draft Business Plan”

means a draft business plan prepared by the Committee in accordance with paragraph 9 of this Agreement;

“Essex Waste Management Partnership”

means the joint working and partnering arrangements between the local authorities in the County of Essex, the borough of Southend and the private sector to secure the provision of waste management solutions across the County of Essex and the borough of Southend;

“Executive”

means the executive of a Partner Authority as prescribed by Section 11 of the 2000 Act;

“Executive Arrangements”

shall have the meaning set out in Section 10 of the 2000 Act;

“Executive Decision”

means a decision which the Committee has the authority to reach on behalf of each

of the Partner Authorities in accordance with this Agreement;

“Final Proposal”

means the final proposal and offer from the Preferred Private Sector Partner(s) for the provision of waste management services, assets, facilities and solutions in the West Essex Area Group;

“First Business Plan”

means the first Business Plan approved by each of the Partner Authorities and

annexed at Schedule 2 (First Business Plan);

“Joint Committee”

means a joint committee of two or more local authorities as prescribed by Sections 101 and 102 of the 1972 Act;

“Joint Municipal Waste Management Strategy” means the waste management strategy being developed by all the councils within

the County of Essex;

“Monitoring Officer”

shall mean the officer appointed by each Partner Authority in accordance with Section 5 of the Local Government and Housing Act 1989;

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“Partner Authority Member”

means a Committee Member appointed by a Partner Authority in accordance with this Agreement;

“Preferred Private Sector Partner(s)”

means the Private Sector Partner(s) selected by the Committee in accordance with

the Business Plan to negotiate the Final Proposal;

“Private Sector Partner(s)

means the organisations responding to the Procurement Exercise;

“Procurement Exercise”

means the procurement process undertaken by the Committee on behalf of each of the Partner Authorities in accordance with the Business Plan and the terms of this Agreement;

“Scrutiny Arrangements”

means the arrangements made by each Partner Authority for the scrutiny of its decisions in accordance with Section 21 of the 2000 Act (in the case of Partner Authorities acting under Executive Arrangements) or regulation 6 of the Local Authorities (Alternative Arrangements) (England) Regulations 2001 (in the case of Partner Authorities acting under Alternative Arrangements);

“Scrutiny Committee”

means the committee of each Partner Authority responsible for the Scrutiny Arrangements in accordance with Section 21 of the 2000 Act (in the case of Partner Authorities acting under Executive Arrangements) or regulation 6 of the Local Authorities (Alternative Arrangements) (England) Regulations 2001 (in the case of Partner Authorities acting under Alternative Arrangements);

“Stakeholder”

means any body or organisation with a vested interest in the outcome of the Procurement Exercise, including, as examples, community groups, environmental groups and the Preferred Private Sector Partner(s) appointed following the Procurement Exercise;

“Stakeholder Member(s)

means a Committee Member appointed by a Stakeholder in accordance with paragraph 6.2 of this Agreement;

“Standards Board” means the Standards Board for England and Wales established by Section 57 of the

2000 Act;

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“Sub-Committee”

means a sub-committee of the Committee established in accordance with paragraph 5 of this Agreement;

“Substitute Member”

means subject to the provisions of this Agreement a substitute for a Committee Member appointed by each Partner Authority and Stakeholder to act in the absence of the Partner Authority Member or the Stakeholder Member, as the case may be;

“Vice-Chairman” means the vice-chairman of the Committee appointed by the Committee at each

Annual General Meeting in accordance with paragraph 8 of this Agreement; “Voting Member” means a Committee Member who is able to vote (that is each Partner Authority

Member or in his or her absence the Partner Authority Member’s Substitute Member);

“Waste Management Advisory Board” means the non-incorporated body set up by all of the councils in the County of Essex

and the borough of Southend comprising all of the members of the Committee and all of the members of the Joint Committees in the two other area groups;

“West Essex Area Group” means the area including the local authorities of Epping Forest, Harlow, Brentwood,

Uttlesford and Braintree as outlined in red on the map of the County of Essex annexed at Schedule 1 (Map of West Essex Area Group) to this Agreement;

“Working Day”

means a day on which the London clearing banks are open for business and shall for

the purposes of this Agreement mean a complete day and not include the date upon which any notification is made or received under this Agreement;

“1972 Act”

means the Local Government Act 1972 (as amended); “2000 Act” means the Local Government Act 2000 (as amended). 2. INTERPRETATION 2.1 In this Agreement except where the context otherwise requires:- 2.1.1 the masculine includes the feminine and vice-versa; 2.1.2 the singular includes the plural and vice-versa;

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2.1.3 a reference in this Agreement to any clause, sub-clause, paragraph, Schedule or

Annex is, except where it is expressly stated to the contrary, a reference to such clause, sub-clause, paragraph, Schedule or annex of this Agreement;

2.1.4 any reference to this Agreement or to any other document shall include any permitted

variation, amendment, or supplement to such document; 2.1.5 any reference to any enactment, order, regulation or other similar instrument shall be

construed as a reference to the enactment, order, regulation or instrument (including any EU instrument) as amended, replaced, consolidated or re-enacted;

2.1.6 a reference to a person includes firms, partnerships and corporations and their

successors and permitted assignees or transferees; and 2.1.7 headings are for convenience of reference only. 2.2 The words in this Agreement shall bear their natural meaning. Each of the Partner

Authorities have had the opportunity to take legal advice on this Agreement and no term shall, therefore, be construed contra proferentem.

2.3 In construing this Agreement, the rule known as the ejusdem generis rule shall not

apply nor shall any similar rule or approach to the construction of this Agreement and accordingly general words introduced or followed by the word “other” or “including” or “in particular” shall not be given a restrictive meaning because they are followed or preceded (as the case may be) by particular examples intended to fall within the meaning of the general words.

3. AIMS AND OBJECTIVES OF THE COMMITTEE 3.1 Each of the Partner Authorities wish to establish a clear and accountable framework

for them to work together to promote the economic, environmental and social well-being of their respective areas and in order that they are able to respond in a more effective and co-ordinated way in relation to the development and implementation of the Joint Municipal Waste Management Strategy.

3.2 Each of the Partner Authorities recognise in particular the need to address central

government and European targets for recycling and recovery of waste and the promotion of sustainable development including the use of waste as a resource.

3.3 Each of the Partner Authorities, in recognition of the need for delivering best value,

promoting financial efficiency and effectiveness, and securing continuous improvement in the provision of waste management services, wish to:

3.3.1 collaborate on the development and implementation of the Joint Municipal Waste

Management Strategy in the West Essex Area Group and across the entire County of Essex;

3.3.2 monitor the effectiveness of the Joint Municipal Waste Management Strategy; 3.3.3 procure services, facilities, assets and solutions in accordance with the Joint

Municipal Waste Management Strategy and to meet the current and future central government and European targets for recycling and recovery of waste;

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3.3.4 work together in a spirit of mutual trust, support and respect, and to ensure that when difficulties or differences of opinion arise they are addressed quickly, honestly and openly;

3.3.5 share in a fair and equitable manner the costs and work included in achieving these

Aims and Objectives; 3.3.6 endeavour to fully engage all stakeholders and to maximise the contributions which

each Partner Authority may be able to make; and 3.3.7 provide a forum and mechanisms for ensuring that there is a coherent programme

and organisational structure for waste management and for joint working. 3.4 Each of the Partner Authorities have agreed to establish and maintain the Committee

with the membership, powers, duties and responsibilities set out in this Agreement. 4. FUNCTIONS TO BE EXCERCISED BY THE COMMITTEE ON BEHALF OF THE

PARTNER AUTHORITIES 4.1 The functions of the Committee are:- 4.1.1 To undertake on behalf of each Partner Authority the Procurement Exercise and to

obtain a Final Proposal from the Preferred Private Sector Partner(s) for the provision of waste management services, assets, facilities and solutions in the East Essex Area Group;

4.1.2 To advise each Partner Authority on the status of the Procurement Exercise and to

make recommendations to each Partner Authority as to the merits of the Final Proposal received from the Preferred Private Sector Partner(s);

4.1.3 To enter into negotiations with the Preferred Private Sector Partners with a view to

obtaining a Final Proposal for recommendation to each Partner Authority; 4.1.4 To implement the First Business Plan of the Committee; 4.1.5 To develop an annual Business Plan for approval by each Partner Authority and

adoption by the Committee; 4.1.6 To make recommendations to each Partner Authority to provide resources as

required to secure the delivery of the Business Plan and to support the Aims and Objectives;

4.1.7 To prepare and submit as required all reports, business cases and supplementary

information as may be required by central government and or any agency or organisation on behalf of central government in relation to the delivery of the Business Plan and/or to obtain additional funding to support the Aims and Objectives;

4.1.8 To enter into dialogue with central government and or any agency or organisation on

behalf of central government to secure the delivery of the Business Plan and/or to obtain additional funding to support the Aims and Objectives;

4.1.9 To commission research and public opinion surveys into matters relevant to the Aims

and Objectives and the Business Plan;

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4.1.10 To influence, advise and lobby central government and other agencies (whether locally, nationally and internationally) where this is felt to be consistent with the Aims and Objectives and the Business Plan;

4.1.11 To assist in the preparation and delivery of the Joint Municipal Waste Management

Strategy in the East Essex Area Group and across the entire County of Essex; 4.1.12 In relation to their interpretation as part of the Procurement Exercise, to assist each

Partner Authority in meeting its statutory responsibilities for waste and allied, associated and related environmental services, including the key elements of legislation for the time being in force including but not limited to:-

(a) The European Community Strategy for Waste Management 1989 (as reviewed in 1996); (b) EU Directive 75/ 442/ EEC as amended by Directive 91/ 156/ EEC and adapted by Directive 96/ 350/ EEC on Waste (The Framework Directives on Waste); (c) Environmental Protection Act 1990; (d) Refuse Disposal (Amenity) Act 1978 (insofar as this relates to abandoned vehicles, public safety and amenity); (e) The Environmental Protection (Waste Recycling Payments) Regulations 1992 (as amended 1994); (f) Waste Minimisation Act 1998; (g) National Waste Strategy 2000; (h) EU Landfill Directive (Council Directive 1993/ 31/ EC); (i) EU IPPC Directive (Council Directive 96/ 61/ EC); (j) The Landfill Tax Regulations and the Finance Act 1996; (k) The Controlled Waste Regulations 1992; (l) The Environmental Protection (Duty of Care) Regulations 1991; (m) The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991; (n) Environment Act 1995; (o) Waste Emissions Trading Act 2003; (p) Household Waste and Recycling Act 2003; (q) EU Waste Electronic and Electrical Equipment Directive; and (r) Local Government Act 1999 (best value duty).

4.1.13 In relation to the Procurement Exercise, to work with (and support as required) statutory agencies, non governmental organisations, small and medium size

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enterprises, business, scientific, commercial and voluntary/ not for profit organisations and other bodies who are pursuing similar objectives to the Aims and Objectives;

4.1.14 To assist each Partner Authority with the promotion of waste minimisation and

arrangements with community groups to facilitate recycling and the re-use of resources;

4.1.15 To make recommendations to each Partner Authority as to the role of the Committee

following the completion of the Procurement Exercise and in particular to develop proposals on how each Partner Authority can discharge its functions in the field of waste management and allied, associated and related environmental services to promote and/ or improve economic, social and environmental well-being in the County of Essex and contribute to the achievement of sustainable development, including in particular:-

(a) waste minimisation generally; (b) the reduction of waste going to landfill on a year by year basis; (c) the development of alternative methods of disposal; (d) an increase in the proportion of waste being recycled or reused on a year by year basis; and (e) to meet relevant targets under the Landfill Allowances Trading Scheme.

5. MEMBERSHIP OF THE COMMITTEE 5.1 Each Partner Authority shall appoint one elected member as its Partner Authority

Member, and one Substitute Member (to act in its Partner Authority Member’s absence) as its Substitute Member, to the Committee.

5.2 The Committee may invite Stakeholders to become members of the Committee as

Stakeholder Members (without any voting rights) if it considers this to be beneficial to meeting the Aims and Objectives and the Business Plan.

5.3 The term of office of each Committee Member and Substitute Member shall be

determined by the Partner Authority or Stakeholder (as the case may be) appointing them, provided that for the duration of their appointment they remain an elected member or duly nominated representative of their appointing authority/organisation and have been appointed by that authority/organisation to be or remain a Committee Member or Substitute Member, as the case may be.

5.4 Each Partner Authority and Stakeholder shall notify the Clerk of the Committee of the

name and contact details of its Committee Member and Substitute Member. 5.5 A Partner Authority or Stakeholder may change its appointed Committee Member (or

Substitute Member) at any time provided that written notice of any such change is given to the Clerk to the Committee, taking effect upon receipt. Such written notice may be given by electronic mail.

5.6 Accept in relation to the County Council (in relation to which paragraph 5.8 shall

apply), each Partner Authority operating under Executive Arrangements shall ensure

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that its appointed Committee Member and its Substitute Member are members of its Executive.

5.7 Each Partner Authority not operating under Executive Arrangements shall ensure

that its appointed Committee Member and its Substitute Member are approved by a meeting of the full council of their authority and comply with the Local Government and Housing Act 1989 in relation to the overall political balance of their authority.

5.8 The County Council shall ensure that its appointed Committee Member and its

Substitute Member are either members of its Executive or Division Members from within the West Essex Area Group.

5.9 Each Partner Authority and Stakeholder shall, as far as possible, ensure that the

persons appointed as Committee Members and Substitute Members have the skills and qualities required to fulfil the role of a Committee Member.

5.10 Each Partner Authority and Stakeholder shall send appropriate officer(s) to meetings

of the Committee (or any Sub-Committee) to support its Committee Member. 5.11 Each Partner Authority (through either its Partner Authority Member or Substitute

Member) shall have one vote at meetings of the Committee (or any Sub-Committee). 5.12 All voting shall be by a show of hands, unless the provisions of paragraph 5.13 below

apply. 5.13 Recorded votes shall be taken if requested by any Voting Member, and any such

Voting Member shall have the right to have the way he voted (or abstained) recorded in the minutes.

6. ROLE OF A COMMITTEE MEMBER 6.1 The responsibilities of a Committee Member are as follows, so far as such are

consistent with the interests of his or her own Partner Authority in relation to Partner Authority Members:-

6.1.1 To be committed to, and act as a champion for the achievement, of the Aims and

Objectives and the Business Plan; 6.1.2 To be a good ambassador for the Committee; 6.1.3 To attend Committee meetings regularly, vote on items of business (if entitled to

vote) and make a positive contribution to the achievement of the Aims and Objectives and the delivery of the Business Plan;

6.1.4 To remain acquainted with emerging technologies and processes in the area of

waste management; and 6.1.5 If a Partner Authority Member, to act as an advocate for the Committee in seeking

any necessary approval of its Partner Authority to the Business Plan and any changes to this Agreement including changes to the role of the Committee following the completion of the Procurement Exercise.

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7. MEETINGS OF THE COMMITTEE 7.1 The Committee shall normally meet at least six times a year. At each Annual

General Meeting the Committee shall determine and approve the schedule for all meetings to take place over the following year.

7.2 The Chairman may call other meetings as necessary in addition to those set out in

the schedule of meetings approved at the relevant Annual General Meeting provided each Partner Authority approves the date and time of any such additional meetings. The Chairman may cancel / rearrange a meeting if there is insufficient business to justify this being held or if other circumstances make it appropriate for this to be held at a different date/time, provided each Partner Authority agrees to the cancellation of any meeting and approves the date and time of any rearranged meeting.

7.3 The first meeting of the Committee on or after [1 January] in any year shall be the

Annual General Meeting at which the Chairman, Vice-Chairman and any Sub-Committees of the Committee shall be appointed, but nothing in this paragraph prevents the Committee establishing a Sub-Committee at any other time.

7.4 The Committee shall appoint the posts of Chairman and Vice-Chairman of the

Committee each year at the Annual General Meeting. 7.5 The Committee Member appointed to the office of Chairman or Vice-Chairman shall

always be a Voting Member of the Committee. 7.6 The quorum for a valid meeting of the Committee shall be equal to the number of

Voting Members on the Committee at the time of the relevant meeting less one. 7.7 A printed copy of the summons, the agenda for each meeting, any relevant reports

and the minutes of the previous meeting shall be despatched by the Clerk of the Committee, at least five (5) Working Days before such meeting to each Committee Member and Substitute Member.

7.8 At the same time, such papers will also be despatched to the chairman of each of the

Partner Authority’s Scrutiny Committee with responsibility for scrutiny in respect of waste management matters and to the chief executive or such other senior officer of a Partner Authority as may be nominated in writing by a Partner Authority to the Clerk of the Committee.

7.9 The summons shall contain notice of all business, except urgent business, which is

required to be brought before the Committee either in the ordinary course of business, or which is brought by the Chairman, the Vice-Chairman or the Clerk of the Committee.

7.10 In the case of a matter requiring urgent attention the Chairman at his absolute

discretion may agree to a meeting of the Committee being convened with less than ten (10) Working Days notice (but not less than five (5) Working Days).

7.11 Meetings of the Committee will be open to the public and press except during

consideration of items containing confidential or exempt information within the meaning of the 1972 Act.

7.12 Minutes of the Committee shall (subject to the provisions of paragraph 7.11 above)

be available to the public and press as though they were minutes of a meeting of a Partner Authority.

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7.13 The Chairman or a Partner Authority may invite any person to attend a meeting of the

Committee for the purpose of making a presentation, or participating in discussion, on any item relevant to the Committee’s functions where that person is able to provide a professional or commercial viewpoint, which the Chairman or the Partner Authority considers would be of assistance to the Committee.

8. SUPPORT TO THE COMMITTEE 8.1 The Clerk to the Committee shall be a senior officer of the County Council as

nominated from time to time by the County Council in writing to the Chairman. 8.2 The responsibilities of the Clerk to the Committee shall be as follows:- 8.2.1 to make all necessary arrangements for the convening of meetings of the Committee

and any Sub-Committees; 8.2.2 to provide, or, where necessary, procure the provision of, all necessary advice on the

technical, legal and financial implications of matters under consideration by the Committee or relevant to the Committee’s functions;

8.2.3 to bring to the attention of the Committee matters which are relevant to the

Committee’s functions and which merit consideration by the Committee; 8.2.4 to arrange for the taking and maintenance of minutes of meetings of the Committee

and any Sub-Committees, and ensure that the business of the Committee at its meetings is conducted in accordance with legal requirements;

8.2.5 to be responsible for communications between the Committee and other agencies,

including the media; and 8.2.6 to manage and co-ordinate the day-to-day affairs of the Committee and its

administrative support. 8.3 The business address for all communications relating to the administration of the

Committee’s affairs shall be:

County Hall PO Box 11 Chelmsford Essex CM1 1LX [Marked for the attention of the Clerk to the West Area Waste Management Joint Committee]

9. BUSINESS PLAN 9.1 The Committee shall implement the First Business Plan and shall only make

decisions in accordance with the First Business Plan (or any subsequent Business Plan prepared and approved in accordance with this paragraph 9).

9.2 The Committee may consider and propose a draft amendment to the First Business

Plan, where necessary to accommodate unforeseen circumstances, which have arisen which would assist the Committee in achieving the Aims and Objectives. Any

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proposed amendment that is approved by the Committee shall then be submitted to each Partner Authority for approval.

9.3 Upon receipt of any proposed amendment in accordance with paragraph 9.2, each

Partner Authority shall advise the Clerk of the Committee within fifteen (15) Working Days of receipt of the proposed amendment whether it approves or rejects the proposed amendment.

9.4 Where a Partner Authority fails to advise the Clerk of the Committee within this

period then it shall be deemed that such Partner Authority approves the proposed amendment.

9.5 Where one or more Partner Authorities reject a proposed amendment, then the First

Business Plan shall not be amended. 9.6 Where all of the Partner Authorities approve the proposed amendment, then the

amendment(s) shall be incorporated into the First Business Plan. 9.7 Each year the Committee shall be responsible for the preparation of a Draft Business

Plan for approval at its Annual General Meeting. 9.8 The Draft Business Plan shall set out the strategy for the achievement of the Aims

and Objectives over the next full twelve-month period commencing on the 1st March in the relevant year. It will specify the activities to be undertaken, and arrangements to be entered into, in support of that strategy, together with a full assessment of the financial, resource, service, legal and contractual implications.

9.9 The Committee shall provide each Partner Authority with a copy of the Draft

Business Plan by no later than 1 November in any year. 9.10 The Draft Business Plan shall be considered by each of the Partner Authorities and

each Partner Authority shall provide its comments, if any, on the Draft Business Plan to the Clerk of the Committee within thirty five (35) Working Days of receiving the Draft Business Plan.

9.11 Following receipt of any comments provided by the Partner Authorities, the

Committee shall revise the Draft Business Plan and circulate it to each of the Partner Authorities for their final approval at least forty (40) Working Days prior to the date of the Committee’s Annual General Meeting.

9.12 Each Partner Authority shall advise the Clerk of the Committee whether it approves

or rejects the revised Draft Business Plan at least ten (10) Working Days prior to the date of the Committee’s Annual General Meeting.

9.13 Where a Partner Authority fails to advise the Clerk of the Committee of its approval or

otherwise within the period referred to in paragraph 9.12 then it shall be deemed that such Partner Authority approves the revised Draft Business Plan.

9.14 Where one or more Partner Authorities do not approve the revised Draft Business

Plan then it shall not be adopted by the Committee and as far as possible the Committee shall continue to act under the previous Business Plan.

9.15 Where the revised Draft Business Plan is not approved by one or more Partner

Authorities the Committee and that Partner Authority(ies) shall use their best

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endeavours to agree a revised Draft Business Plan and seek approval for the revised Draft Business Plan.

9.16 At its Annual General Meeting, the Committee shall, subject to the Draft Business

Plan being approved by all of the Partner Authorities, approve the Draft Business Plan. Once approved the Draft Business Plan shall become the Business Plan for the Committee.

9.17 At any other time the Committee may consider and propose a draft amendment to

the Business Plan, where necessary to accommodate unforeseen circumstances, which have arisen which would assist the Committee in achieving the Aims and Objectives. Any proposed amendment that is agreed by the Committee shall then be submitted to each of the Partner Authorities for approval.

9.18 Upon receipt of any proposed amendment in accordance with paragraph 9.17, each

Partner Authority shall advise the Clerk of the Committee within fifteen (15) Working Days of receipt of the proposed amendment whether it approves or rejects the proposed amendment.

9.19 Where a Partner Authority fails to advise the Clerk of the Committee within this

period then it shall be deemed that such Partner Authority approves the proposed amendment.

9.20 Where one or more Partner Authorities reject a proposed amendment, then the

Business Plan shall not be amended. 9.21 Each Partner Authority shall ensure that any key decisions that the Committee

expects to make, as set out in a Business Plan, are reflected in its forward plan. 10. CONTRIBUTIONS TO THE COSTS INCURRED BY THE COMMITTEE 10.1 The Partner Authorities shall jointly fund all costs incurred by the Committee in

accordance with the Business Plan. 10.2 The costs referred to in paragraph 10.1 above shall be incurred by the County

Council on behalf of the Committee and each of the other Partner Authorities shall reimburse the County Council for its share of these costs on the County Council providing reasonable evidence to each other Partner Authority that such costs have in fact been reasonably incurred by it.

11. DELEGATION TO SUB-COMMITTEES AND OFFICERS 11.1 The Committee may arrange for any of its functions to be discharged by a Sub-

Committee or by an officer(s) of one or more of the Partner Authorities. 11.2 The Committee may appoint working groups of Committee Members and/or officers

to consider specific matters and report back to the Committee or any Sub-Committee with recommendations.

12. AMENDMENTS TO THE CONSTITUTION BY THE COMMITTEE 12.1 The terms of this Agreement shall be kept under periodic review by the Committee

and by each of the Partner Authorities.

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12.2 Any amendments to this Agreement to be proposed by the Committee to the Partner Authorities (including but not limited to the addition of a new Partner Authority to the Committee) shall be subject to all votes cast at a meeting of the Committee being cast in favour of the proposed amendment(s).

12.3 The amendment(s), once approved by the Committee, shall be subject to the

approval of all of the Partner Authorities. Each Partner Authority shall use its best endeavours to approve (or otherwise) such amendments as soon as reasonably possible.

13. DEVELOPING THE ROLE OF THE COMMITTEE IN THE ESSEX WASTE

MANAGEMENT PARTNERSHIP 13.1 The Committee may from time to time make recommendations to the Partner

Authorities as to the role of the Committee following the completion of the Procurement Exercise and in particular to develop its role with regard to:

13.1.1 the management of any contracts with the Preferred Private Sector Partner(s); 13.1.2 the development of partnering arrangements with the Preferred Private Sector

Partner(s) and stakeholder groups; 13.1.3 waste minimisation generally; 13.1.4 the reduction of waste going to landfill on a year by year basis; 13.1.5 the development of alternative methods of disposal; and 13.1.6 an increase in the proportion of waste being recycled or reused on a year by year

basis. 13.2 Any recommendations made by the Committee to the Partner Authorities shall

specify any amendments required to this Agreement and to the Business Plan, together with a full assessment of the financial, resource, service, legal and contractual implications of the proposed changes to the role of the Committee.

13.3 Each of the Partner Authorities shall consider the recommendations of the

Committee and each may at its absolute discretion approve or reject the recommendations of the Committee.

14. SCRUTINY ARRANGEMENTS 14.1 The decisions made or actions taken by (and, for the avoidance of doubt, not mere

recommendations of) the Committee shall be subject to the Scrutiny Arrangements of each Partner Authority.

14.2 Decisions or actions of the Committee shall be notified to all those to whom agenda

papers etc are despatched in accordance with paragraph 7.8 above within seven (7) Working Days of the decision being reached or the actions being taken, as the case may be.

14.3 The Committee Members and their officer advisers shall fully co-operate with the

relevant Scrutiny Committee of any of the Partner Authorities.

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14.4 Any decision or action of the Committee called in for scrutiny before it is implemented shall not be implemented until the Scrutiny Arrangements of the Partner Authority whose membership has called in the decision or action has been completed.

14.5 A call in of such a decision or action can only be made if the decision or action

concerned directly affects the Partner Authority whose membership wishes to call in the decision or action.

14.6 A Committee Member must if he is involved in the consideration of a call in of a

matter at a meeting of a Scrutiny Committee or a sub-committee of such a committee regard himself as having a personal and a prejudicial interest if that consideration relates to a decision made, or action taken, by the Committee or any Sub Committee of the Committee.

14.7 Paragraph 14.6 above shall not apply if that Committee Member attends that meeting

for the purpose of answering questions or otherwise giving evidence relating to that decision or action.

14.8 A Scrutiny Committee must notify the Committee if it includes in its work programme

any aspect of policy development or review relating to the work or functions of the Committee.

14.9 Once it has formed recommendations on proposals for development, a Scrutiny

Committee shall prepare a formal report and submit it for consideration by the Committee.

14.10 The Committee shall consider the report of a Scrutiny Committee within fifteen (15)

Working Days of it being submitted to the Clerk of the Committee and shall issue a formal response to such a report.

14.11 Where any Partner Authority Member or officer is required to attend a Scrutiny

Committee, the Chairman of that Committee will inform the Monitoring Officer of its own authority.

14.12 That Monitoring Officer shall inform the Partner Authority Member or officer in writing

giving at least ten (10) Working Days notice of the meeting at which he is required to attend, such notice to state the nature of the item on which he is required to attend to give account and whether any papers are required to be produced for the Scrutiny Committee.

14.13 Where the account to be given to the Scrutiny Committee will require the production

of a report, then the Partner Authority Member or officer concerned will be given sufficient notice to allow for preparation of that documentation.

14.14 Where, in exceptional circumstances, the Partner Authority Member or officer is

unable to attend on the required date, then the Scrutiny Committee shall in consultation with the Partner Authority Member or officer arrange an alternative date for attendance which shall be as soon as practicable in relation to the original date specified.

14.15 If, having considered the decision or action, a Scrutiny Committee is concerned

about it, then it may refer it back to the Committee for reconsideration, setting out in writing the nature of its concerns. If referred back to the Committee for reconsideration the Committee will have a further seven (7) Working Days to

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consider whether to amend the original decision or revise the original action taken before reaching a final decision or taking final action.

14.16 If following an objection to a decision or action, a Scrutiny Committee does not meet

in the period prescribed by the Partner Authority’s Scrutiny Arrangements, or does meet but does not refer the matter back to the Committee, the decision or action shall take effect on the date of the scrutiny meeting, or the expiry of the period in which it should have met whichever is the earlier.

14.17 The call-in procedure set out above shall not apply where the decision or action

being taken by the Committee is urgent. 14.18 A decision or action will be deemed to be urgent if any delay likely to be caused by

the call-in process would prejudice the Committee’s, the public’s or a third party’s interests.

14.19 The record of the decision or action and notice by which it is made, shall state

whether, in the opinion of the Committee, the decision or action is an urgent one and, therefore, not subject to call-in in accordance with the procedures set out in this paragraph 14.

14.20 The chairman of the Scrutiny Committee or Monitoring Officer of the Partner

Authority whose member representative is the Chairman of the Committee must agree both that the decision or action proposed is reasonable in all circumstances and to it being treated as a matter of urgency.

14.21 The operation of the provisions relating to call-in and urgency shall be monitored

annually by the Clerk of the Committee, and a report submitted to the Committee with proposals for review if necessary.

15. CONDUCT AND EXPENSES OF MEMBERS 15.1 All Committee Members shall observe at all times the provisions of the Code of

Conduct adopted by their Authority. 15.2 Where a Voting Member becomes aware of any potential conflict of interest which

may arise between the interests of that Voting Member and/or the Partner Authority whom he represents in relation to the functions of the Committee that Voting Member shall immediately notify the Clerk of the Committee, giving full details of the nature of the conflict and shall not be entitled to vote on any decision taken by the Committee on that issue.

15.3 Each Partner Authority and Stakeholder shall be responsible for meeting any

expenses to which any Committee Member (or its Substitute Member) or officer appointed by them, as its representative, is entitled as a result of their attendance at duly authorised meetings.

16. LIABILITY OF COMMITTEE MEMBERS 16.1 Committee Members appointed by the Partner Authorities shall have the same

responsibilities and liabilities as those which apply when sitting on other committees and bodies as appointed representative on behalf of their authority.

16.2 Where any contractual arrangements are authorised by the Committee, any liabilities

arising under those arrangements will rest with the relevant Partner Authority(ies).

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16.3 Indemnification for any liabilities which do arise is a matter between the Committee

Member and their appointing authority/body. 17. INTERFACE WITH THE OTHER JOINT COMMITTEES AND THE WASTE

MANAGEMENT ADVISORY BOARD 17.1 The Committee is one of three Joint Committees established across the County of

Essex and the borough of Southend in connection with the Essex Waste Management Partnership.

17.2 The Committee shall, where appropriate, work with and assist the work undertaken

by the other Joint Committees, and except where prevented by legislation may make available to those Joint Committees, all information obtained from Private Sector Partners in connection with the Procurement Exercise.

17.3 The Committee shall assist the Waste Management Advisory Board in connection

with its role in coordinating and implementing the Essex Waste Management Partnership.

18. ANNUAL WASTE CONFERENCE 18.1 The Committee recognises that once a year the County Council and the Waste

Management Advisory Board arrange an Annual Waste Conference to debate issues relating to waste management in the County of Essex and the borough of Southend.

18.2 The Committee shall assist the County Council and the Waste Management Advisory

Board in the preparation and operation of the Annual Waste Conference. For the avoidance of doubt, such assistance shall not involve the Committee making any monetary contribution to the County Council and/or the Waste Management Advisory Board.

18.3 The Committee shall make presentations and representations to the Annual Waste

Conference on the development and management of the Procurement Exercise in the West Essex Area Group.

19. DISPUTE RESOLUTION 19.1 Any dispute under this Agreement shall be referred in the first instance to the Waste

Management Advisory Board who shall meet to consider the dispute and use all reasonable endeavours to resolve matters as soon as reasonably practicable.

19.2 If following referral of a dispute to the Waste Management Advisory Board in

accordance with Clause 19.1 the dispute remains unresolved, then the dispute shall be referred to the Chief Executives of all of the Partner Authorities in association with the Leaders of all of the Partner Authorities who shall meet to consider the dispute and use all reasonable endeavours to resolve matters as soon as reasonably practicable.

20. CESSATION OF MEMBERSHIP 20.1 Unless otherwise agreed in writing by all of the Partner Authorities, the Committee

and this Agreement shall only remain in existence and effect up until [three] months following completion of the Procurement Exercise. Following this time, the Committee shall automatically cease to exist and this Agreement shall automatically terminate.

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20.2 Any Partner Authority may withdraw from membership of the Committee by giving at

least three months notice in writing to the Clerk to the Committee. 20.3 In the event of a Partner Authority withdrawing from membership of the Committee

as provided for in paragraph 20.2 above, then in respect of any contractual obligations or other financial commitments entered into or costs reasonably incurred on behalf of the Committee by the County Council:

20.3.1 prior to that Partner Authority giving notice to withdraw in accordance with paragraph

20.2; and 20.3.2 following that Partner Authority giving notice to withdraw in accordance with

paragraph 20.2 where such costs, contractual obligations or other financial commitments have been approved by that Partner Authority, the Partner Authority concerned shall:-

20.3.3 continue to meet its share of the financial commitment and costs in accordance with

paragraph 10 or otherwise meet its part of the contractual obligations as required until the conclusion of the commitment or obligation as provided for in the contract or other documentation setting out the commitment or obligation; and

20.3.4 continue to be responsible for its part of any other liabilities relating to those

contractual obligations or financial commitments until the conclusion of the obligations or commitments, as the case may be.

20.4 If more than one Partner Authority decides to withdraw from membership of the

Committee then the Committee shall consider whether or not the Committee shall continue to operate on behalf of the remaining Partner Authorities and make appropriate recommendations to those authorities.

21. CONFIDENTIALITY, DATA PROTECTION AND FREEDOM OF INFORMATION 21.1 Each Partner Authority and Stakeholder shall use its best endeavours to keep

confidential (and shall also use its best endeavours to require its Committee Member, staff, employees and agents to keep confidential) any personal, commercial, technical or other information which would properly be regarded as confidential or exempt information for the purposes of the 1972 Act which they may acquire by virtue of participation in the Procurement Exercise or in consequence of this Agreement.

21.2 No Partner Authority or Stakeholder shall disclose such information to third parties

other than for the purposes of this Agreement save to the extent that this is permitted by paragraph 21.3 below.

21.3 The restrictions on disclosure of confidential/ exempt information set out above shall

not apply to:- 21.3.1 information which at the time of disclosure is already in the public domain; or 21.3.2 information which after disclosure becomes available to the general public through no

fault of any of the Partner Authorities or Stakeholders; or 21.3.3 information which a Partner Authority or Stakeholder is effectively under an obligation

to disclose including (but not limited to):-

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(a) compliance with an Order from a Court of competent jurisdiction; (b) investigations by the Standards Board; (c) as a result of a complaint to the Local Government Ombudsman; and/or (d) enquiries by the District Auditor.

21.4 Each Partner Authority shall comply with the relevant provisions of the Data Protection Act 1998 and the Freedom of Information Act 2000 (together referred to as the “Information Acts”) and Stakeholder Members shall in connection with their membership of the Committee comply with all requests of the Committee and/or any Partner Authority in connection with their obligations under the Information Acts.

IN WITNESS whereof the Partner Authorities have caused their respective Common Seals to be affixed to this document as a Deed on the date first before written.

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PART 3 (3) (RESPONSIBILITY FOR FUNCTIONS) APPENDIX 6

SCHEME OF DELEGATION OF EXECUTIVE FUNCTIONS TO CABINET MEMBERS

AND OFFICERS

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EPPING FOREST DISTRICT COUNCIL - SCHEME OF DELEGATION

OF EXECUTIVE FUNCTIONS 1. GENERAL PRINCIPLES (a) This scheme delegates the powers and duties of the Executive to Cabinet

Members and officers as a partnership. (b) This scheme delegates powers and duties within portfolios and includes

powers and duties under all legislation present and future within those descriptions and all powers and duties incidental to that legislation as well as authorising the affixing of the Common Seal.

(c) This scheme operates under Section 15 of the Local Government Act 2000

and the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000 and all other powers enabling.

(d) Officers and Cabinet Members shall keep members (especially ward

members) properly informed of activity and its implications arising within the scope of these delegations.

2. GENERAL LIMITATIONS (a) Before taking a decision a Cabinet Member shall receive advice from the

appropriate officer. (b) Any exercise of delegated powers shall be subject to a policy framework

approved by the Council or the policies approved by the Cabinet from time to time including the Employment Policies (and Disciplinary Procedures), Equal Opportunities, Service Delivery Policies, and shall be guided by the relevant Codes of Conduct or Council protocols.

(c) Any exercise of delegated powers shall be subject to: (i) any statutory restrictions; (ii) standing orders; (iii) financial regulations; and (iv) procurement standards. (d) In exercising delegated powers, Cabinet members and officers shall not go

beyond the provision in the revenue or capital budgets for their service except to the extent permitted by financial regulations and procurement policy.

(e) A Cabinet member shall not exercise delegated powers in respect of any

issue which relates solely to his/her ward only, except if. (i) the action is recommended by a Chief Officer; or (ii) the action is one of a range of options recommended by a Chief Officer

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3. GENERAL PROVISIONS (a) This scheme includes the power for officers further to delegate in writing all or

any of the delegated functions to other officers (described by name or post) either fully or under the general supervision and control of the delegating officer. Sub-delegations shall be recorded in a register kept by the Head of Policy Unit.

(b) All action taken under the terms of these delegations shall be properly

documented. (c) It shall always be open to an officer either to consult with the appropriate

Cabinet member on the exercise of delegated powers, or not to exercise delegated powers but to refer the matter to the Cabinet.

(d) It shall be open to a Cabinet member to determine that the exercise of their delegated powers is not appropriate in cases where a Chief Officer or the Monitoring Officer recommends reference to the Cabinet, where consultation with other members indicates that the matter should be referred to the Cabinet or where the Leader of the Council so directs.

(d) In exercising delegated powers, officers shall consult with other appropriate officers and shall have regard to any advice given.

(e) In this scheme "officer" means the holder of any post named in this scheme

as having delegated powers and duties. (f) This scheme operates from 16 May 2002. 4. SPECIFIC DELEGATIONS 4.1 Leader of Council Exercise of the powers and duties of the Leader of the Council in accordance with

Part 3 of the Local Government and Public involvement in Health Act 2007 including: (a) appointment of other Cabinet members up to a maximum of 9;

(b) allocation of responsibility for executive functions to Cabinet Members and Service Directors; (c) establishment and terms of reference of Cabinet Committees; (d) approval of representatives on outside organisations directly involved in the carrying out of executive functions; (e) appointment of a Deputy Leader of the Council.

4.2 Cabinet Members

Decisions on executive functions falling within the allocated Cabinet service portfolio, and which are not delegated to officers.

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4.3 Officers

Any decision which: (a) implements a policy or decision previously approved or taken by the Council,

the Cabinet or a Cabinet member; (b) facilitates or is conducive or incidental to the implementation of a policy or

decision previously taken by the Council, the Cabinet or a Cabinet member; (c) relates to the management of the human, material and financial resources

made available for carrying out the functions for which they are responsible; and (d) matters delegated by the Council, the Cabinet, a Committee or

… Sub-Committee from time to time (see Appendix 5). 5. SPECIAL CIRCUMSTANCES 5.1 Where the proposed decision affects more than one service portfolio, there shall be

an obligation for the other Cabinet members to be consulted before a decision is made.

5.2 Where a decision is of corporate significance or where there is a conflict of view,

such matter shall stand referred to the Cabinet for consideration. 5.3 Cabinet members shall, in the exercise of delegated powers, consult with the

Chairman of the appropriate Overview and Scrutiny Committee and the ward Councillor(s) where appropriate.

5.4 Cabinet Members shall have regard to the requirements of the Council's petitions

procedure when making decisions on matters raised in such representations. 6. KEY DECISIONS 6.1 Delegation to Chief Officers acting on behalf of the Cabinet in respect of executive

decisions shall not extend to the Making of Key Decisions as defined in Part 4 of this Constitution (Access to Information Rules).

7. INTERESTS 7.1 Cabinet Members and officers making decisions on executive functions under this

scheme of delegation shall act on the requirements of the law and the appropriate code of conduct in the event of an interest in that decision arising.

7.2 Any Cabinet member with a prejudicial interest under the Council's Code of Conduct

shall, having declared that interest, not take any further part in consideration of that matter. The Cabinet members shall also not seek to influence the decision on that matter on any subsequent occasion. The matter shall thereupon stand referred to the next Cabinet meeting.