The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021

Made: at 9.30 a.m. on 1 December 2021

Coming into force

A draft of this instrument has been laid before and approved by a resolution of Senedd Cymru in accordance with section 174(4) and (5) of that Act.

PART 1 — Introduction

Title and coming into force

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• (1) The title of these Regulations is the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021.

• (2) These Regulations, other than the provisions mentioned in paragraph (3) come into force on 3 December 2021.

• (3) The following regulations come into force on 6 May 2022—

• (a) regulation 10 (disqualification and political restriction of certain officers and staff);

• (b) regulation 27 (electronic broadcasts);

• (c) regulation 31 (duty to make petition schemes);

• (d) regulation 32 (duty to encourage participation of local people).

Interpretation

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In these Regulations—

• “the 1972 Act” (“Deddf 1972”) means the Local Government Act 1972[^f00002];

• “the 1988 Act” (“Deddf 1988”) means the Local Government Finance Act 1988[^f00003];

• “the 1989 Act” (“Deddf 1989”) means the Local Government and Housing Act 1989[^f00004];

• “the 2011 Act” (“Deddf 2011”) means the Localism Act 2011[^f00005];

• “the 2011 Measure” (“Mesur 2011”) means the Local Government (Wales) Measure 2011[^f00006];

• “the 2021 Act” (“Deddf 2021”) means the Local Government and Elections (Wales) Act 2021;

• “corporate joint committee” (“cyd-bwyllgor corfforedig”) means a corporate joint committee established by regulations under Part 5 of the 2021 Act;

• “the establishment Regulations (“y Rheoliadau sefydlu”) means— the North Wales Corporate Joint Committee Regulations 2021[^f00007], the Mid Wales Corporate Joint Committee Regulations 2021[^f00008], the South East Wales Corporate Joint Committee Regulations 2021[^f00009], and the South West Wales Corporate Joint Committee Regulations 2021[^f00010];

• “standing orders” (“rheolau sefydlog”) means standing orders of a corporate joint committee made under the establishment Regulations.

PART 2 — Executive officers

Chief executive officer

Duty to appoint chief executive officer

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• (1) A corporate joint committee must appoint a chief executive.

• (2) The chief executive of a corporate joint committee must—

• (a) keep each of the matters specified in paragraph (3) under review, and

• (b) where the chief executive considers it appropriate to do so, make a report to the corporate joint committee setting out the chief executive’s proposals in respect of any of those matters.

• (3) The matters are—

• (a) the manner in which the exercise by the corporate joint committee of its different functions is co-ordinated,

• (b) the corporate joint committee’s arrangements in relation to—

• (i) financial planning,

• (ii) asset management, and

• (iii) risk management,

• (c) the number and grades of staff required by the corporate joint committee for the exercise of its functions,

• (d) the organisation of the corporate joint committee’s staff,

• (e) the appointment of the corporate joint committee’s staff, and

• (f) the arrangements for the management of the corporate joint committee’s staff, including any arrangements for training and development.

• (4) As soon as reasonably practicable after preparing a report for the purposes of paragraph (2)(b), the chief executive must arrange for the report to be sent to each member of the corporate joint committee.

• (5) The corporate joint committee must consider a report made under paragraph (2)(b) at a meeting held not more than three months after copies of the report are first sent to the members.

• (6) A corporate joint committee must provide its chief executive with such staff, accommodation and other resources as are, in the chief executive’s opinion, sufficient to allow the chief executive’s duties under this regulation to be carried out.

• (7) Regulation 13 (arrangements for the discharge of functions) does not apply to the duty imposed on a corporate joint committee by paragraph (5).

The Independent Remuneration Panel for Wales

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Chief finance officer

Duty to appoint chief finance officer

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• (1) Section 151 of the 1972 Act (local authority duty to appoint officer with responsibility for financial administration) is amended as follows.

• (2) The existing text becomes subsection (1).

• (3) After that subsection insert—

(2) This section applies to a corporate joint committee as it applies to a local authority.

Reporting functions of chief finance officer

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• (1) The 1988 Act is amended as follows.

• (2) In section 114 (functions of a responsible officer as regards reports), in subsection (3A)—

• (a) in paragraph (a), after “Local Government and Housing Act 1989” insert “or, in the case of a corporate joint committee, the person who is for the time being appointed as the authority’s chief executive”;

• (b) in paragraph (b), for “that Act” substitute “the Local Government and Housing Act 1989”.

• (3) In section 115 (authorities’ duties as regards reports), after subsection (4A) insert—

(4B) In the case of a corporate joint committee, regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (arrangements for the discharge of functions) does not apply to the duty under subsection (2).

Monitoring officer

Designation and reports of monitoring officer

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• (1) Section 5 of the 1989 Act (designation and reports of monitoring officer) is amended as follows.

• (2) Before subsection (1C) insert—

(1BB) The officer designated under subsection (1)(a) above by a relevant authority which is a corporate joint committee may not be the authority’s chief executive.

• (3) In subsection (3)(a), after “chief finance officer” insert “or, in the case of a relevant authority which is a corporate joint committee, with the person who is for the time being appointed as the authority’s chief executive and with their chief finance officer”.

• (4) After subsection (5) insert—

(5A) In the case of a relevant authority which is a corporate joint committee, regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (arrangements for the discharge of functions) does not apply to the duty imposed by virtue of subsection (5)(a).

• (5) In subsection (8), in the definition of “relevant authority”, after “below” insert “, a corporate joint committee,”.

Support and advice functions of monitoring officer

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• (1) The monitoring officer designated by a corporate joint committee under section 5 of the 1989 Act must provide support and advice to—

• (a) the corporate joint committee in relation to its meetings;

• (b) any sub-committee of the corporate joint committee;

• (c) each member of the corporate joint committee in carrying out their role;

• (d) each person appointed to a sub-committee of the corporate joint committee in carrying out their role.

• (2) But the reference to advice in sub-paragraphs (1)(c) and (d) does not include advice about whether or how the corporate joint committee’s functions should be, or should have been, exercised.

• (3) The corporate joint committee must provide the monitoring officer with such staff, accommodation and other resources as are, in the monitoring officer’s opinion, sufficient to allow the officer’s functions under this paragraph to be discharged.

• (4) The monitoring officer may arrange for the discharge of their functions under this paragraph by a member of staff of the corporate joint committee.

PART 3 — General provisions in relation to staff

References to “proper officer” in the 1972 Act and other enactments

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• (1) Where an enactment relates to the administration of a corporate joint committee or the exercise of its functions, any references in that enactment to an “officer” of the corporate joint committee are to be construed as references to a member of staff of the corporate joint committee, including a person treated as a member of staff by virtue of paragraph 11(2) of the Schedule to each of the establishment Regulations.

• (2) In section 270(3) of the 1972 Act (meaning of “proper officer”), after “local authority” insert “, corporate joint committee”.

• (3) In section 21(3) of the 1989 Act (interpretation of Part 1), in the definition of “proper officer”, in paragraph (a), after “Wales” insert “or a corporate joint committee”.

Disqualification and political restriction of certain officers and staff

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• (1) The 1989 Act is amended as follows.

• (2) In section 1 (disqualification and political restriction of certain officers and staff)—

• (a) in subsection (1A)—

• (i) the words from “holds the post” to the end become paragraph (a);

• (ii) after that paragraph insert—

(b) holds a politically restricted post under a corporate joint committee.

• (b) after subsection (1A) insert—

(1B) A person shall be disqualified from becoming or remaining a member of a corporate joint committee if that person holds a politically restricted post under any corporate joint committee or local authority in Great Britain.

• (c) after subsection (11) insert—

(12) Subsections (5) to (8) of this section apply to a corporate joint committee as they apply to a local authority in Wales.

• (3) In section 2 (politically restricted posts)—

• (a) after subsection (1A) insert—

(1B) For the purposes of this Part the following persons are to be regarded as holding politically restricted posts under a corporate joint committee— (a) a person appointed as the chief executive of the corporate joint committee; (b) a person described in subsection (1)(b) to (e); (c) a person not falling within paragraphs (a) or (b) whose post is for the time being specified by the corporate joint committee in— (i) the list maintained in accordance with subsection (2) and any directions under section 3; (ii) the list maintained in accordance with regulation 24(2) of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021.

• (b) after subsection (10) insert—

(10A) This section, other than subsection (1), applies in relation to a corporate joint committee as it applies in relation to a local authority in Wales. (10B) In the application of subsection (2) to a corporate joint committee the reference to section 100G(2) of the Local Government Act 1972 is to be read as a reference to regulation 24(2) of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021. (10C) In the application of subsection (4) to a corporate joint committee— (a) the reference to two months is to be read as a reference to six months, and (b) the reference to the coming into force of this section is to be read as a reference to— (i) the coming into force of this subsection, or (ii) the date on which the corporate joint committee is established, whichever is the later.

• (4) In section 3 (grant and supervision of exemptions)—

• (a) in subsection (5), in paragraph (b), after “Local Government Act 1972” insert “, regulation 24(2) of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021”;

• (b) after subsection (8) insert—

(9) In this section a reference to a local authority includes a reference to a corporate joint committee.

Duty to adopt standing orders with respect to staff.

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In section 8 of the 1989 Act (duty of relevant authorities to adopt standing orders with respect to staff), in subsection (5), after paragraph (a), insert—

(aa) in relation to Wales, means a corporate joint committee;

Pay accountability

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• (1) In the 2011 Act, in Part 1—

• (a) in the application of Chapter 8 to a corporate joint committee—

• (i) in section 38(1), the reference to the financial year 2012-13 is to be read as a reference to the financial year 2022-23;

• (ii) in section 39(2), the reference to 31 March 2012 is to be read as a reference to 31 March 2022;

• (iii) in section 41(1), the reference to 1 April 2012 is to be read as a reference to 1 April 2022;

• (b) in section 42 (exercise of functions), after subsection (2) insert—

(2A) In the case of a relevant authority which is a corporate joint committee, regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (arrangements for the discharge of functions) does not apply to the function of passing a resolution under this Chapter.

• (c) in section 43 (interpretation), after subsection (1)(j) insert—

(k) a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021.

PART 4 — Functions

Discharge of functions by other persons

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• (1) Subject to any express provision contained in these Regulations or any other enactment, a corporate joint committee may arrange for the discharge of any of its functions by—

• (a) a sub-committee;

• (b) a member of staff;

• (c) any other corporate joint committee;

• (d) any county or county borough council in Wales.

• (2) But any arrangement made by a corporate joint committee under paragraph (1) does not prevent that corporate joint committee from exercising the functions to which the arrangement relates.

• (3) Where a corporate joint committee has arranged for the discharge of any of its functions by a sub-committee under paragraph (1)(a), the sub-committee may arrange for the discharge of any of those functions by a member of staff of the corporate joint committee, unless the corporate joint committee has directed otherwise.

• (4) But any arrangement made by a sub-committee under paragraph (3) does not prevent that sub-committee from exercising the functions to which the arrangement relates.

• (5) Where a corporate joint committee has arranged for the discharge of any of its functions under paragraph (1)(c) or (d) then, subject to the terms of the arrangement, the body authorised to discharge those functions may arrange that they be discharged by a committee, sub-committee or member of staff of that body.

• (6) Subject to any express provision contained in these Regulations or any other enactment, two or more corporate joint committees may discharge any of their functions jointly.

• (7) Where two or more corporate joint committees have arranged under paragraph (6) to discharge any of their functions jointly they may also arrange for the discharge of those functions by a member of staff.

• (8) Where two or more corporate joint committees have arranged under paragraph (6) to discharge any of their functions jointly any enactment relating to—

• (a) those functions,

• (b) the corporate joint committees by whom they are to be discharged, or

• (c) the areas in respect of which they are to be discharged,

is to be construed in accordance with paragraph (9).