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Inter-communal co-operation in the UK
Lee Digings 29 September 2005
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Public law forms of co-operation
Joint authority. A separate legal entity. Examples: joint waste authority; combined or joint fire authority. Joint committee. A form of governance, not a separate entity. Example: regional purchasing consortia. Delegation of powers. One or more local authorities delegate powers to another.
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Private law forms of co-operation
Contract. Two or more local authorities enter into a contract for the carrying out of a task. Could be a contract with a third party (PPP contract). Local authority company. Two or more local authorities entrust a task to a wholly-owned company (may be non-profit-distributing). Joint venture company. Two or more local authorities entrust a task to a company controlled or influenced by a private sector partner.
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Current challenges in the UK
Efficiency programme. The drive to create shared services. Teckal. Application of the two criteria to creation of shared services. Legal structures. Need to support public law forms of co-operation with private law contracts.
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