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

• (12) In paragraph 9 of the Schedule (general provision as to staffing)—

• (a) the existing text becomes sub-paragraph (1);

• (b) after that sub-paragraph insert—

(2) The South East Wales CJC must ensure that arrangements made under sub-paragraph (1) are such as are necessary for the proper discharge by the South East Wales CJC of its functions.

• (13) In paragraph 10 of the Schedule (terms and conditions), for sub-paragraph (2) substitute—

(2) But sub-paragraph (1)— (a) is subject to section 41 of the Localism Act 2011, and (b) does not prevent the South East Wales CJC from modifying the terms and conditions of staff it appoints if required by virtue of any other enactment or rule of law.

• (14) In paragraph 11 of the Schedule (staff from other authorities) after sub-paragraph (2) insert—

(3) But, subject to any contrary provision in any other enactment, for superannuation purposes service rendered by a member of staff of a devolved Welsh authority placed at the disposal of the South East Wales CJC by virtue of such an agreement is service rendered to the authority.

• (15) Omit paragraph 15 of the Schedule (sub-committees).

• (16) In paragraph 16 of the Schedule (governance and audit sub-committee)—

• (a) in sub-paragraph (2)(b) for “by” substitute “of”;

• (b) for sub-paragraph 2(c) substitute —

(c) none of the members of the sub-committee are— (i) council members, (ii) co-opted members, (iii) members of another sub-committee of the South East Wales CJC, or (iv) members of the constituent councils’ executives.

• (c) omit sub-paragraph (3).

The South West Wales Corporate Joint Committee Regulations 2021

37

• (1) The South West Wales Corporate Joint Committee Regulations 2021¹⁶ are amended as follows.

• (2) In regulation 2 (interpretation), for the definition of “co-opted participant” substitute—

• “co-opted member” (“aelod cyfetholedig”) has the meaning given by regulation 9(1);

• (3) In regulation 6 (membership)—

• (a) in paragraph (1)—

• (i) at the end of sub-paragraph (b) omit “and”;

• (ii) at the end of sub-paragraph (c) insert “, and”;

• (iii) after sub-paragraph (c) insert—

(d) any co-opted member.

• (b) in paragraph (2) after “CJC” insert “, subject to regulations 8(3A) and 9(2)”;

• (c) omit paragraph (3);

• (d) in paragraph (4)—

• (i) for “and” where it appears in the second instance substitute “,”;

• (ii) for “to the extent described in paragraph (3),” substitute “and any co-opted member”.

• (4) In regulation 7 (council members), in paragraph (2)—

• (a) for “discharge their functions” substitute “act as council member”;

• (b) for “discharge those functions” substitute “act”.

• (5) In regulation 8 (Brecon Beacons and Pembrokeshire Coast member)—

• (a) after paragraph (3) insert—

(3A) The Brecon Beacons member or the Pembrokeshire Coast member, as the case may be, may act as a member only in relation to— (a) the functions conferred on the South West Wales CJC under regulation 13; (b) any function of the South West Wales CJC that is ancillary or incidental to those functions. (3B) But the Brecon Beacons member or the Pembrokeshire Coast member, as the case may be, may also act as a member in relation to any other function of the South West Wales CJC if— (a) the council members and the Brecon Beacons member or the Pembrokeshire Coast member (as the case may be) agree, or (b) the Brecon Beacons member or the Pembrokeshire Coast member (as the case may be) is permitted, or required, to act in relation to that function by virtue of express provision in these Regulations or any other enactment. (3C) An agreement under paragraph (3B)(a) must specify the terms on which the Brecon Beacons member or the Pembrokeshire Coast member (as the case may be) may act in relation to the function concerned, including specifying the period for which the Brecon Beacons member or the Pembrokeshire Coast member are to act.

• (b) in paragraph (4)—

• (i) for “discharge their functions” substitute “act as a member”;

• (ii) for “discharge those functions” substitute “act”;

• (iii) after Pembrokeshire Coast member where it appears in the second instance insert “(as the case may be)”.

• (6) For regulation 9 (co-opted participants) substitute—

(9) (1) The South West Wales CJC may co-opt one or more individuals as members of the South West Wales CJC (a “co-opted member”) on such terms as it determines (2) Those terms must— (a) specify— (i) the functions of the South West Wales CJC in relation to which the co-opted member may act as a member of the CJC, and (ii) any function of the South West Wales CJC that is ancillary or incidental to those functions; (b) be agreed by the co-opted member and the other members, and (c) be set out in a co-option agreement. (3) Where, under paragraph (1), a co-opted member is entitled to act in relation to— (a) the functions conferred on the South West Wales CJC under regulation 13, and (b) any function of the South West Wales CJC that is ancillary or incidental to those functions, the Brecon Beacons member and the Pembrokeshire Coast member may each act as a member for the purposes of that paragraph. (4) A co-opted member is co-opted— (a) for a period specified in the co-option agreement, or (b) until— (i) the co-opted member resigns from the South West Wales CJC, or (ii) the South West Wales CJC terminates the co-option. (5) A co-option agreement— (a) may be varied at any time; (b) must be published electronically by the South West Wales CJC.

• (7) For regulation 15 (delegation of functions) substitute—

(15) Regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (arrangements for discharge of functions) does not apply to— (a) approving a transport policy, or revision of such a policy developed by virtue of regulation 12(1) under section 108(1)(a) and (2A)(a) of Part 2 of the Transport Act 2000; (b) the following actions connected with the preparation of a strategic development plan, or revision of a plan, under regulation 13— (i) adopting a delivery agreement, or a revision of such an agreement (see regulation 11(2) and (8) of the Town and Country Planning (Strategic Development Plan) (Wales) Regulations 2021 (“the SDP Regulations”)); (ii) approving pre-deposit proposals documents and a statement of pre-deposit matters (see regulations 17 and 18 of the SDP Regulations); (iii) approving an initial consultation report, SDP proposals document and a statement of deposit matters (see regulation 20 of the SDP Regulations); (iv) approving documents to be sent to the Welsh Ministers under section 64(3) of the Planning and Compulsory Purchase Act 2004; (v) withdrawing a strategic development plan under section 66A(2) of that Act; (vi) adopting a strategic development plan under section 60M(9)(a) of that Act; (vii) approving an annual monitoring report to be made under section 76(1) of that Act; (viii) approving a report of a review of a strategic development plan to be made under section 69(2) of that Act; (c) agreeing calculations of budget requirements or revised calculations under regulation 16(6)(b) and (9).

• (8) In regulation 17 (funding of budget requirement), in paragraph (2)—

• (a) for “by the Authority” substitute “by each Authority”;

• (b) for “the members” substitute “the council members, the Brecon Beacons member and the Pembrokeshire Coast member”.

• (9) In paragraph 2 of the Schedule (appointment of chairperson and vice-chairperson), in sub-paragraph (4)(b), for “co-opted participants” substitute “other members”.

• (10) In paragraph 6 of the Schedule (voting procedure), for sub-paragraph (1)(a) substitute—

(a) the number of co-opted members entitled to vote may not exceed the number of other members entitled to vote.

• (11) In paragraph 7 of the Schedule (adoption of alternative voting procedure), for sub-paragraph (4) substitute—

(4) A procedure adopted under this paragraph must be adopted by the unanimous agreement of the members who are entitled to vote on adopting the procedure.

• (12) In paragraph 9 of the Schedule (general provision as to staffing)—

• (a) the existing text becomes sub-paragraph (1);

• (b) after that sub-paragraph insert—

(2) The South West Wales CJC must ensure that arrangements made under sub-paragraph (1) are such as are necessary for the proper discharge by the South West Wales CJC of its functions.

• (13) In paragraph 10 of the Schedule (terms and conditions), for sub-paragraph (2) substitute—

(2) But sub-paragraph (1)— (a) is subject to section 41 of the Localism Act 2011, and (b) does not prevent the South West Wales CJC from modifying the terms and conditions of staff it appoints if required by virtue of any other enactment or rule of law.

• (14) In paragraph 11 of the Schedule (staff from other authorities) after sub-paragraph (2) insert—

(3) But, subject to any contrary provision in any other enactment, for superannuation purposes service rendered by a member of staff of a devolved Welsh authority placed at the disposal of the South West Wales CJC by virtue of such an agreement is service rendered to the authority.

• (15) Omit paragraph 15 of the Schedule (sub-committees).

• (16) In paragraph 16 of the Schedule (governance and audit sub-committee)—

• (a) in sub-paragraph (2)(b) for “by” substitute “of”;

• (b) for sub-paragraph 2(c) substitute—

(c) none of the members of the sub-committee are— (i) council members, (ii) co-opted members, (iii) members of another sub-committee of the South West Wales CJC, or (iv) members of the constituent councils’ executives.

• (c) omit sub-paragraph (3).

Local Government Act 1972

38

In section 270 of the 1972 Act, in subsection (1), after the definition of “Common Council” insert—

• “corporate joint committee” means a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;

Local Government Finance Act 1988

39

In section 111 of the 1988 Act (interpretation)—

• (a) in subsection (2) (relevant authorities), after paragraph (n) insert—

(o) a corporate joint committee

• (b) after subsection (3C) insert—

(3D) In this Part “corporate joint committee” means a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.

Local Government and Housing Act 1989

40

In section 21 of the 1989 Act (interpretation of Part 1), in subsection (3), at the appropriate place, insert—

• “corporate joint committee” means a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;

Local Government (Wales) Measure 2011

41

In section 175 of the 2011 Measure (interpretation), before the definition of “enactment” insert—

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

The Local Government and Elections (Wales) Act 2021

42

• (1) The 2021 Act is amended as follows.

• (2) In section 171 (interpretation), in subsection (1), after the definition of “2013 Act” insert—

• “corporate joint committee” (“cyd-bwyllgor corfforedig”) has the same meaning as in section 68 of this Act;

• (3) In Schedule 5—

• (a) in paragraph 3—

• (i) for sub-paragraph (a) substitute—

(a) for paragraph (a) substitute— (a) with— (i) in the case of a Welsh county council or county borough council, the person who is for the time being appointed as the authority’s chief executive under section 54 of the Local Government and Elections (Wales) Act 2021; (ii) in the case of a corporate joint committee, the person who is for the time being appointed as the authority’s chief executive; (iii) in any other case, the person who is for the time being designated as the head of the authority’s paid service under section 4 of the Local Government and Housing Act 1989;

• (ii) omit sub-paragraph (b);

• (b) in paragraph 9, for sub-paragraph (c) substitute—

(c) for subsection (3)(a) substitute— (a) in preparing a report under this section to consult so far as practicable with— (i) in the case of a relevant authority which is the council of a county or county borough in Wales, the person who is for the time being the authority’s chief executive and with their chief finance officer; (ii) in the case of a relevant authority which is a corporate joint committee, the person who is for the time being appointed as the authority’s chief executive and with their chief finance officer; (iii) in the case of any other relevant authority, the person who is for the time being designated as the head of the authority’s paid service under section 4 above and with their chief finance officer;

• (c) in paragraph 17 (amendments to section 43 of the 2011 Act), in sub-paragraph (a), for the inserted text substitute—

(aa) its chief executive appointed under— (i) section 54 of the Local Government and Elections (Wales) Act 2021 (chief executive of council in Wales), or (ii) regulations made under Part 5 of that Act (chief executive of a corporate joint committee).

The Corporate Joint Committees (General) (Wales) Regulations 2021

43

• (1) The Corporate Joint Committees (General) (Wales) Regulations 2021 ¹⁷ are amended as follows.

• (2) In regulation 2 the definitions of “co-opted participant” and “member” are omitted.

• (3) In regulation 3, both where it appears in the heading and in the body of the regulation, for “co-opted participants” substitute “sub-committee members”.

• (4) In Schedule 1, in paragraph 1—

• (a) in the heading, for co-opted participants” substitute “sub-committee members”;

• (b) in sub-paragraph (1)(a)(ii), for “co-opted participant” substitute “a member of a sub-committee”.

Signed

Rebecca Evans — Minister for Finance and Local Government, one of the Welsh Ministers — 2021-12-01

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made as part of a suite of regulations connected with the establishment of corporate joint committees in Wales by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.

There are six parts to these Regulations.

Part 1 makes provision about commencement and interpretation of these Regulations.

Part 2 provides that corporate joint committees in Wales must appoint executive officers, namely a Chief Executive Officer, a Chief Finance Officer and a Monitoring Officer. This Part also provides further detail on the functions to be exercised by each of these office holders.

Part 3 includes general provisions in relation to corporate joint committee staff. For example, this Part amends the definition of a “proper officer” in the Local Government Act 1972. It also applies provisions in Part 1 of the Local Government and Housing Act 1989 to corporate joint committees. These provide that certain posts in a corporate joint committee are politically restricted as they are in a local authority and that holders of such posts in any relevant authority may not be co-opted as members of a corporate joint committee.

Part 4 makes provision permitting corporate joint committees to make arrangements for their functions to be discharged by sub-committees, staff or in conjunction with other corporate joint committees or county or county borough councils in Wales. A sub-committee appointed by a corporate joint committee may have members who are not also members of the corporate joint committee.

Part 5 provides detail on the manner in which meetings and proceedings of corporate joint committees (and any sub-committee of a corporate joint committee) are to be undertaken. For example notice and documentation requirements and provision about the location of (and remote access to) meetings.

Part 6 sets out miscellaneous and consequential amendments that it is necessary to make to both some primary and secondary legislation as a result of the establishment of corporate joint committees and the other provisions in these Regulations.

These Regulations are connected with the regulations which established certain corporate joint committees under Part 5 of the Local Government and Elections (Wales) Act 2021 and which came into force on 1 April 2021 and 30 June 2021. A regulatory impact assessment was prepared at the time of making those establishment regulations and a copy can be obtained from the Local Government Strategic Finance Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

Footnotes

Editorial notes

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Enwi a dod i rym

Dehongli

Prif weithredwr

Dyletswydd i benodi prif weithredwr

Panel Annibynnol Cymru ar Gydnabyddiaeth Ariannol

Prif swyddog cyllid

Dyletswydd i benodi prif swyddog cyllid

Swyddogaethau adrodd prif swyddog cyllid

Swyddog monitro

Dynodi swyddog monitro ac adroddiadau ganddo

Swyddogaethau swyddog monitro o ran rhoi cefnogaeth a chyngor

Cyfeiriadau at “proper officer” yn Neddf 1972 ac mewn deddfiadau eraill

Anghymhwyso swyddogion a staff penodol a chyfyngiadau gwleidyddol arnynt

Dyletswydd i fabwysiadu rheolau sefydlog mewn cysylltiad â staff

Atebolrwydd o ran tâl

Cyflawni swyddogaethau gan bersonau eraill

Is-bwyllgorau

Is-bwyllgorau

Dilysrwydd trafodion

Lleoliad cyfarfodydd a chaniatáu i’r cyhoedd a’r wasg fynd iddynt

Hysbysu am gyfarfodydd a gwysio i fynychu cyfarfodydd

Mynediad at agenda ac at adroddiadau cysylltiedig

Cofnodion

Cyhoeddi cofnodion a dogfennau eraill ar ôl cyfarfodydd

Cyhoeddi papurau cefndir

Cymhwyso i gyfarfodydd is-bwyllgorau

Hawliau ychwanegol i aelodau o gyd-bwyllgorau corfforedig ac aelodau o brif gynghorau etc. gael mynediad at ddogfennau

Cyhoeddi gwybodaeth ychwanegol

Darpariaethau atodol

Gwybodaeth esempt

Darllediadau electronig o gyfarfodydd

Mynychu cyfarfodydd o bell

Cyhoeddusrwydd i gyfarfodydd i ystyried adroddiadau neu argymhellion gan Archwilydd Cyffredinol Cymru

Dehongli

Cynlluniau deisebau

Cynlluniau deisebau

Dyletswydd i annog pobl leol i gyfranogi pan fo penderfyniadau’n cael eu gwneud

Ceisiadau i uno

Ymgynghori cyn ceisiadau i uno a wneir gan brif gynghorau

Diwygiadau amrywiol i’r Rheoliadau sefydlu

Rheoliadau Cyd-bwyllgor Corfforedig y Canolbarth (Cymru) 2021

Rheoliadau Cyd-bwyllgor Corfforedig y Gogledd (Cymru) 2021

Rheoliadau Cyd-bwyllgor Corfforedig De-ddwyrain (Cymru) 2021

Rheoliadau Cyd-bwyllgor Corfforedig y De-orllewin (Cymru) 2021

Deddf Llywodraeth Leol 1972

Deddf Cyllid Llywodraeth Leol 1988

Deddf Llywodraeth Leol a Thai 1989

Mesur Llywodraeth Leol (Cymru) 2011

Deddf Llywodraeth Leol ac Etholiadau (Cymru) 2021

Rheoliadau Cyd-bwyllgorau Corfforedig (Cyffredinol) (Cymru) 2021

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