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5. DirApp - ClydeValleyWastePartnershipUpdate_IAAv2 - FINAL - Post Pre Agenda - 11-02-26

North Ayrshire Council · 17 February 2026
Back to Cabinet — 17 February 2026 and its agenda

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NORTH AYRSHIRE COUNCIL  
17 February 2026 
Cabinet
Title: Clyde Valley Waste Partnership Inter-Authority Agreement
Update 
Purpose: The purpose of this report is to update Cabinet in relation to the
Clyde Valley Residual Waste Contract and also seek the
approval of Cabinet for proposed amendments to the Inter-
Authority Agreement (IAA) between the Partner Councils. 
Recommendation: That Cabinet: 
a. agrees the proposed changes to the Inter-Authority
Agreement; and
b. agrees the Chief Executive or their authorised delegate, be
authorised to execute, [in the presence of a witness], the
revised Inter-Authority Agreement. 
1. Executive Summary 
1.1 This report provides an update on the first six years of the Clyde Valley Residual Waste
Contract, a 25-year partnership between East Dunbartonshire, East Renfrewshire,
North Ayrshire, North Lanarkshire and Renfrewshire Councils for the treatment of
residual waste and seeks the approval for proposed amendments to the Inter-Authority
Agreement (IAA) between the Partner Councils. 
2. Background 
2.1 In 2009 the Scottish Government released a report by Sir John Arbuthnott in relation to
savings Councils could achieve through collaboration of Services across the Clyde
Valley Authorities, these being Glasgow, North Lanarkshire, South Lanarkshire,
Inverclyde, East Dunbartonshire, East Renfrewshire, West Dunbartonshire and
Renfrewshire Councils.  In 2010 North Lanarkshire Council were lead on investigating
the ability to collaborate on waste management services.   
2.2 Initially all aspects of waste management were reviewed, however the project team
focused on a solution for the upcoming Landfill Ban enforced by the Waste Scotland
Regulations 2012 (this subsequently moved from 2017 to 2020 and now to 2025). 
2.3 The Final Business case was presented to the Authorities in late 2012 and four of the
Clyde Valley Authorities (North Lanarkshire, East Renfrewshire, Renfrewshire and East
Dunbartonshire Council) and North Ayrshire gained approval to procure a long-term
solution for the treatment and disposal of household residual waste which aligned to the
Landfill Ban. 
2.4 The solution had to provide a delivery point for each Partner within their boundary with
only North Lanarkshire Council needing to provide such a facility as all other four had

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existing waste transfer sites. 
2.5 Procurement for a solution took place from 2013-2016, the Contract was signed with
the preferred bidder (Viridor) in May 2016 with the Contract going live in January 2020. 
2.6 North Lanarkshire Council continue to act as the Lead Authority for the Contract, and all
obligations are backed off through an Inter-Authority Agreement (IAA) with the other
four Partners.    
2.7 The solution provided by Viridor offered the following: 
• Contract for 25 years for the treatment of household residual waste up to a
maximum of 190K tonnes per annum: 
• Provision of 4 Waste Transfer Stations to serve East Dunbartonshire, East
Renfrewshire, Renfrewshire and North Ayrshire Councils. North Ayrshire’s existing
transfer station being retained by the council, with the contractor operating within an
existing waste bulking shed. 
• A purpose-built recycling and waste transfer facility at Bargeddie which would
accept and sort all waste from the above 4 facilities along with all waste delivered
direct from North Lanarkshire Council. The key purpose of this facility would be to
remove all plastics and metals from the waste resulting in a minimum recycling rate
from the residual waste of 4%. 
• The provision of an energy from waste plant at Dunbar which would accept all
waste from the Bargeddie facility which in turn would be incinerated to produce
renewable electricity.  
2.8 The Contract commenced on 7 January 2020 and has now been live for just over six
years.  The Contract Management Team has been in place since the Contract was
signed in May 2016 to ensure successful delivery of the Contract. 
2.9 The Inter-Authority Agreement (IAA) was signed in 2016 however as the contract has
progressed, it has been noted that there are a few practical amendments to be made. 
2.10 The first six years of the contract have been a success and over 900,000 tonnes have
been diverted from landfill and approximately 66,000 tonnes of plastic and metal have
been recycled or repurposed, when they would have otherwise gone to landfill.  The
treatment of Clyde Valley residual waste produces in the region of 110GWh of
electricity (equivalent of powering 43,000 homes) and was fed back into the national
grid. 
2.11 The tonnages have fallen gradually from the first full contract year 2020/21 to 2024/25,
as the Partner Councils aim to reduce residual waste arisings by recycling kerbside.
Individual tonnages are detailed below in Table 1:

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Table 1 – Partner Council Tonnages 
Partner  2020/21 Tonnage 2024/25 Tonnage % Difference
East Dunbartonshire 25,184.62 21,966.27 -12.78
East Renfrewshire  19,003.89 18,165.31 -4.41
North Ayrshire 28,853.6 27,897.98 -3.31
North Lanarkshire  69,550.43 66,052.96 -5.03
Renfrewshire  38,814.1 37,680.04 -2.92
Totals 181,406.64 171,762.56 -5.32 
2.12 The Contract has evolved through several variations and updates to suit both
legislation requirements and the logistics of managing the Contract. These are
summarised in Table 2 below:   
Table 2 – Contract Variations
Contract Variation
Number  Date Submitted Summary of Variation Reason for Variation
1 04/07/2017
Vary Schedule Part 4
(Payment Mechanism) in
order to provide for
reconciliation of National
Non-Domestic Rates
To close the loop of
reconciliation on
forecasted tonnages
2 15/03/2023
Vary Schedule Part 4
(Payment Mechanism) in
order to reflect current
practices
To reflect current
practices
3 03/11/2023
Vary Schedule Part 1
(Definitions) "ATS Site
Plans" and
"Renfrewshire ATS Site"
To remove a part of the
Linwood site at the back
of the site to give this land
back to RC.  This involves
varying the site plans and
areas of responsibility
and also moving one
borehole to within this
new boundary and taking
new samples to re-
establish the baseline
4 21/10/2024
Vary Schedule Part 1
(Definitions) "ATS Site
Plans" and "East
Renfrewshire ATS Site"
Review areas of
responsibility at the ERC
ATS Facility
5 15/03/2023
Updated PA for data
protection, change in
addresses, changes to
definitions, Authority
ATS Works
To reflect current
practices
6 03/11/2023
Vary Schedule Part 1
(Definitions) "ATS Site
Plans" and
"Renfrewshire ATS Site"
Amended area of
responsibility to match
fence line 
2.13 As a result, the Inter Authority Agreement (IAA) needs to be updated to reflect current
Contract positions and those obligations now being passed to the Partner Councils as

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well as practical matters being updated. The proposed changes do not represent any
fundamental change in the purpose of the contract or the participating local authorities. 
2.14 Table 3 below explains the substantive amendments made to the IAA and does not
include minor changes which are stylistic; or are factual updates. Definitions used
within this document are contained in either the IAA, or the Project Agreement between
North Lanarkshire Council (as Lead Authority) and Viridor. 
Table 3 – Substantive Amendments to IAA
Relevant Clause(s) Original Drafting  New drafting 
Data Protection 
• Amended and
deleted
definitions
• Amended
Clause 18 
In line with legal position
at the time of entering into
IAA in 2016. 
Drafting updated to reflect change in
legal position including Data Protection
2018 and UK GDPR (post Brexit
version of EU GDPR). 
This is standard drafting across all
Local Authority contracts, and a similar
amendment was made to the Project
Agreement 
Clause 4 Duties of
Lead Authority and
Other Authorities –
General Duties of All
Authorities 
• Amended
Clause 4.5
• New Clauses
4.5A, 4.5B,
4.5C and 4.5D 
Original drafting in IAA
envisioned that each
Authority’s share of the
Minimum Tonnages and
Maximum Tonnages1
agreed before Services
Commencement 
(7 January 2020) would
be reviewed and agreed 5
years from Services
Commencement and
every 5 years thereafter 
New drafting reflects agreement by
Steering Group in November 2024 that
the Authorities want the power to
review and amend (by agreement) the
Minimum and Maximum Tonnages
annually. It was agreed that experience
has shown that it is better for
Authorities to have more flexibility to
make changes and not be locked in for
5 years. 
It was agreed that this will be based on
the tonnages provided in the previous
Contract Year and will commence from
the 1 April immediately occurring after
Steering Group approval. For example,
in advance of the 5th anniversary of
Services Commencement the Steering
Group approved the relevant tonnages
in November 2024 to apply from 1 April
2025 and this was based on the
tonnages in Contract Year 2023- 24. 
The Steering Group members also
have the power to amend the metric
being used to calculate Minimum and
Maximum Tonnages 
Furthermore, the drafting states that
each year the Steering Group must
decide on the share of tonnages
between 1 November and 31
December. 
1 The Minimum Tonnage is defined in the Project Agreement as “100,000 tonnes of Contract Waste (excluding
Ad Hoc Waste) per Contract Year (pro rated for any Contract Year of less than 12 months)” and the Maximum
Tonnage is defined in the Project Agreement as “190,000 tonnes of Contract Waste (excluding Ad Hoc Waste)
per Contract Year.”

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Relevant Clause(s) Original Drafting  New drafting 
Additional drafting has also been
inserted placing duties on the Contract
Manager to confirm the allocation of
the Authority’s share and monitor the
tonnages delivered throughout the
Contract Year and highlight any issues
to the Steering Group. 
Where appropriate, the word
“Authorities’” (apostrophe after the ‘s’)
has been amended to “Authority’s”. 
Clauses 7.8 – 7.9
Share of CMT Annual
Budget 
• Amended
Clause 7.9 
The share of the tonnages
split between the
Authorities impacts the
share of the CMT Annual
Budget 2and the CMT
Annual Budget
Proportions3. The original
drafting envisioned that
this would be adjusted 5
years from Services
Commencement and
every 5 years thereafter. 
The position remains that share of the
tonnages split between the Authorities
impacts the share of the CMT Annual
Budget Proportions. The drafting at
clause 7.9 has been amended to reflect
the change in position relating to
updating the Minimum and Maximum
Tonnages share at clause 4 (see
above). Accordingly, the CMT Annual
Budget Proportions will also be
updated annually, instead of every 5
years. 
Clause 12 Payments 
• Amended
Clause 12.6 
The original drafting
placed an obligation on
each Authority to pay their
monthly payment
proportion (in cleared
funds) to the Lead
Authority (NLC) by the
25th day of the month in
which the instruction or
invoice for payment has
been served. 
The drafting has been amended to
change the obligation to make payment
in cleared funds within 21 days of
receipt of an instruction for payment or
invoice. This is due to a change made
to the Project Agreement that afforded
more time for NLC to make payment,
and NLC has passed this on to other
Local Authorities. 
Clause 15 Liability of
the Councils 
• Amended
Clause 15.11
• New clause
15A 
The original drafting did
not reflect how the Project
Agreement and
associated insurances
work in practice. It
suggested that the Lead
Authority (NLC) would
have responsibility for 
Amendments have been made to
reflect how the insurance obligations
work in practice. Where the Project
Agreement requires any insurances
from both the Lead Authority (NLC) or
other Authorities, as co-insured or
otherwise, there is a responsibility to 
2 Defined in IAA as “the sum set in accordance with Clause 7 (Contract management Team (CMT) Annual
Budget) and Schedule Part 5 (CMT Annual Budget) which represents the upper limit of the financial threshold
calculated by the Joint Steering Board for each Authority's annual contribution to the necessary funding of the
Lead Authority to discharge its functions on behalf of all the Authorities under this Inter-Authority Agreement as
managed by the Joint Steering Board, notified to the Joint Steering Board and approved by each Authority in
respect of this Project (and the Authorities acknowledge that the CMT Annual Budget does not include the
Monthly Unitary Payment made under the Project Agreement).”
3  Defined in Schedule Part 5 of IAA as “CMT Annual Budget does not include the Monthly Unitary Payment
made under the Project Agreement.” The Initial CMT Annual Budget Proportions are set out at Schedule Part 5
and cover Contract Year 2016 – 2017.

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Relevant Clause(s) Original Drafting  New drafting 
administering all Project
insurances where not
administered by Viridor. 
administer this in accordance with the
Project Agreement. 
A new clause 15A was inserted to
narrate the position in relation to North
Ayrshire Council ATS Site as the
insurance is held differently to all of the
other ATS Sites. North Ayrshire Council
is liable to insure the building at North
Ayrshire ATS Site under a Property
Damage Policy in accordance with Part
X – Insurance of the Project
Agreement. 
Clause 27 Notices 
• Amended
Clauses 27.1
and 27.2 and
corresponding
amendments
at Schedule
Part 4.   
The original drafting
allowed notices to be
served by fax and allowed
notice by email to be
served. However, it was
not clear as to how this
would work in practice. 
The amended drafting deletes
references to notices by fax and adds
in additional detail as to how a notice
would be served by email. 
Schedule Part 1:
Project Tasks 
The original list set out the
correct authority for
certain decisions and
obligations, either being
Contract Manager Matter,
Lead Authority Matter,
Project Director Matter,
Joint Steering Board
Metter, Matters Reserved
to Authorities and
Statutory Officer Matter. 
Additional entries have been made to
reflect the amendments made to the
IAA. 
Schedule Part 2:
Joint Steering Board
Functions and Terms
of Reference 
• Paragraph 2.7
amended   
Paragraph 2.7 originally
required the Lead
Authority's internal audit
service to provide a
statement of assurance
annually. 
Paragraph 2.7 amended to require that
the Lead Authority's internal audit
service provides a statement of
assurance, every two years (instead of
annually). 
Schedule Part 4:
Addresses of the
Authorities   
The original list set out
addresses for each
Authority where notices
should be sent to. 
The amendments expand this list to
include email addresses for each
Authority so that notices by email can
be issued to the Head of
Service/Manager/Director acting as
Joint Steering Board member for Clyde
Valley Project, copied to Head of Legal
Services/Corporate Governance (or
such role as amended or updated) at
the time of issuing of the notice.

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Relevant Clause(s) Original Drafting  New drafting 
Schedule Part 8: Part
2 – Cost Sharing
Principles 
The original drafting
contained cost sharing
principles between the
Local Authorities. 
The cost sharing principles largely
remain but have been expanded to
include some detail not originally
provided in relation to the East
Renfrewshire ATS Ancillary Waste
Payment. There is now a recognition of
the possibility of a payment arising due
to the East Renfrewshire ATS Ancillary
Income Share.  
The amendments make it clear that
any sum payable in respect of the East
Renfrewshire ATS Ancillary Waste
Payment shall be borne wholly by
and/or allocated wholly to East
Renfrewshire Council. This reflects the
position in the payment mechanism
contained in the Project Agreement. 
The text relating to Monthly Unitary
Charge has also been amended to
reflect the change in Minimum and
Maximum Tonnages being agreed
annually instead of every 5 years
following Service Commencement. 
2.15 The contract has been set up to be flexible to deal with the ever-changing waste
legislative environment and includes provisions for Qualifying Changes in Law if they
arise as well as specific Contractor and Authority Changes should either Party want
those as the Contract progresses. 
3. Proposals 
3.1 It is proposed that Cabinet: 
a. agrees the proposed changes to the Inter-Authority Agreement; and
b. agrees the Chief Executive or their authorised delegate, be authorised to execute,
[in the presence of a witness], the revised Inter-Authority Agreement.

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4. Implications/Socio-economic Duty
Financial
4.1 The budget for the Clyde Valley Residual Waste Contract costs is already included
within the Waste Service’s annual revenue budget. The changes in the IAA in relation
to Clause 4.5 regarding the change from a five-year review to an annual review of the
apportionment of waste tonnages has no impact on the 2025/26 financial year contract
costs. The council’s share of the annual Guaranteed Minimum Tonnage (GMT) in the
contract and the annual apportionment of the Contract Management Team costs is
based on the percentage share of the actual waste tonnage sent by each partner
authority, which will change to being recalculated on an annual basis, rather than every
five years, which will ensure the charges accurately reflect changes in waste tonnages.
The impact of this change is expected to be minimal, and depending on the annual
movement in waste tonnages, the change to the apportionment of the GMT and the
Contract Management Team costs may be positive or negative. 
Human Resources 
4.2 None. 
Legal 
4.3 The Inter-Authority Agreement is a legally binding document. Legal Services have
reviewed the revised IAA document as part of the wider Clyde Valley Contract Project
Team. 
The amendment to Clause 15 of the IAA that solely relates to North Ayrshire Council,
brings the IAA into alignment with the current approach to buildings insurance,
whereby the council arranges the insurance policy to cover the wider waste transfer
station building, of which the contractor occupies an existing bulking shed. 
Equality/Socio-economic 
4.4 None. 
Climate Change and Carbon 
4.5 The continued membership of the Clyde Valley Residual Waste Contract will assist in
the achievement of targets in respect of recycling and landfill diversion and ensure the
ability to align with the ban on biodegradable municipal waste to landfill. 
Key Priorities 
4.6 The proposal supports the Council Plan strategic priority to be a sustainable council,
through supporting the effective governance and management of resources. 
Community Wealth Building 
4.7 None.

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5. Consultation 
5.1 The council’s Legal Services have been consulted regarding the changes to the IAA, as
they form part of the council’s team that works on the Clyde Valley Residual Waste
Contract. 
RUSSELL McCUTCHEON
Executive Director (Place) 
For further information please contact Thomas Reaney, Head of Service (Neighbourhood
Services). 
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