The South West Wales Corporate Joint Committee Regulations 2021

Made: 17 March 2021

Coming into force in accordance with regulation

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)(i) and (k) of that Act.

Title and coming into force

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• (1) The title of these Regulations is the South West Wales Corporate Joint Committee Regulations 2021.

• (2) These Regulations, other than the provisions mentioned in paragraph (3), come into force on 1 April 2021.

• (3) The following provisions of these Regulations come into force on 30 June 2022—

• (a) regulation 11;

• (b) regulation 12;

• (c) regulation 13;

• (d) regulation 15 in so far as it relates to functions conferred on the South West Wales Corporate Joint Committee by regulation ... 12 or 13.

Interpretation

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In these Regulations—

• “the Brecon Beacons member” (“aelod Bannau Brycheiniog”) means the member appointed under regulation 8(1);

• “the Brecon Beacons National Park Authority” (“Awdurdod Parc Cenedlaethol Bannau Brycheiniog”) means the authority established for that National Park by the National Park Authorities (Wales) Order 1995 (S.I. 1995/2803);

• “constituent council” (“cyngor cyfansoddiadol”) means—Carmarthenshire county council;Neath Port Talbot county borough council;Pembrokeshire county council;Swansea county council;

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

• “council member” (“aelod cyngor”) means a person referred to in regulation 7(1) or a person appointed under regulation 7(3);

• “enactment” (“deddfiad”) means an enactment whenever enacted or made;

• “financial year” means—the period of 12 months ending with 31 March 2022 (referred to in these Regulations as “the first financial year”);subsequently, a period of 12 months ending with 31 March;

• ...

• “the Pembrokeshire Coast member” (“aelod Arfordir Penfro”) means the member appointed under regulation 8(2);

• “the Pembrokeshire Coast National Park Authority” (“Awdurdod Parc Cenedlaethol Arfordir Penfro”) means the authority established for that National Park by the National Park Authorities (Wales) Order 1995 (S.I. 1995/2803);

• “standing orders” (“rheolau sefydlog”) means the standing orders made under paragraph 8 of the Schedule;

• “strategic planning functions” (“swyddogaethau cynllunio strategol”) means—the functions of the South West Wales Corporate Joint Committee under Part 6 of the Planning and Compulsory Purchase Act 2004[^f00003] (see regulation 13), andany functions incidental or conducive to the exercise of those functions;

• “substitute member” (“aelod dirprwyol”) means a person appointed under regulation 7(2) or 8(4).

PART 1 — Establishment and area

Establishment

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• (1) There is established a body corporate to be known as the South West Wales Corporate Joint Committee (“the South West Wales CJC”).

• (2) The South West Wales CJC has the functions—

• (a) conferred on it by these Regulations, and

• (b) conferred or imposed on it, or delegated to it, by any other enactment.

• (3) Functions conferred on the South West Wales CJC by these Regulations are exercisable in relation to its area.

Area

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The South West Wales CJC’s area comprises the areas of the constituent councils.

PART 2 — Constitution

Constitution

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The Schedule makes provision about the constitution of the South West Wales CJC.

PART 3 — Membership

Membership

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• (1) The members of the South West Wales CJC are—

• (a) the 4 council members,

• (b) the Brecon Beacons member, ...

• (c) the Pembrokeshire Coast member , and

• (d) any co-opted member.

• (2) The members are entitled to vote in relation to any matter to be decided by the South West Wales CJC , subject to regulations 8(3A) and 9(2) .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) References in these Regulations, and in any other enactment, to a member of the South West Wales CJC (however expressed) include the Brecon Beacons member, the Pembrokeshire Coast member and any co-opted member, unless—

• (a) express provision is made to the contrary, or

• (b) the context requires otherwise.

Council members

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• (1) In the case of each constituent council—

• (a) the executive leader, where the constituent council operates a leader and cabinet executive;

• (b) the elected mayor, where the constituent council operates a mayor and cabinet executive,

is the council member of the South West Wales CJC.

• (2) Where a person who is a council member under paragraph (1) (“P”) is suspended or is unable to act as a council member for any period, the constituent council of which P is a member may appoint a member of its executive as a substitute member of the South West Wales CJC for that period.

• (2A) For the purposes of these Regulations (other than this regulation), and any other enactment, a substitute member appointed under paragraph (2) is to be treated as a council member of the South West Wales CJC.

• (2B) But the substitute member is not entitled to vote, or otherwise act as a council member, in relation to the discharge of any function of the South West Wales CJC in relation to which P is able to vote or act.

• (2C) In paragraph (2) “suspended” means—

• (a) suspended or partially suspended under Part 3 of the Local Government Act 2000 as a member of the South West Wales CJC, or

• (b) partially suspended under Part 3 of the Local Government Act 2000 as a member of the constituent council of which P is also a member.

• (3) Where a constituent council has a vacancy in an office referred to in paragraph (1), the constituent council must appoint another member of its executive as the council member of the South West Wales CJC until such time as the vacancy is filled.

Brecon Beacons and Pembrokeshire Coast member

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• (1) The Brecon Beacons National Park Authority must appoint an office-holder mentioned in paragraph (3) as a member of the South West Wales CJC (“the Brecon Beacons member”).

• (2) The Pembrokeshire Coast National Park Authority must appoint an office-holder mentioned in paragraph (3) as a member of the South West Wales CJC (“the Pembrokeshire Coast member”).

• (3) The office-holders who are eligible to be the Brecon Beacons member or the Pembrokeshire Coast member are—

• (a) the chairman of the Authority,

• (b) the deputy chairman of the Authority, or

• (c) the chairperson of a committee with responsibility for planning matters as may be established by the Authority.

• (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 unanimously, 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.

• (4) Where a person who is the Brecon Beacons member or the Pembrokeshire Coast member under paragraph (1) or (2) (“P”) is suspended or is unable to act as a member for any period, the Authority may appoint another of the office-holders mentioned in paragraph (3) as a substitute member of the South West Wales CJC for that period.

• (5) For the purposes of these Regulations (other than this regulation), and any other enactment, a substitute member appointed under paragraph (4) is to be treated as the Brecon Beacons member or the Pembrokeshire Coast member (as the case may be) of the South West Wales CJC.

• (6) But the substitute member is not entitled to vote, or otherwise act as a member, in relation to the discharge of any function of the South West Wales CJC in relation to which P is able to vote or act.

• (7) In this regulation—

• “suspended” (“wedi ei atal dros dro”) means—suspended or partially suspended under Part 3 of the Local Government Act 2000 as a member of the South West Wales CJC, orpartially suspended under Part 3 of the Local Government Act 2000 as a member of the National Park Authority of which P is also a member;

• “the Authority” (“yr Awdurdod”) means the Brecon Beacons National Park Authority or the Pembrokeshire Coast National Park Authority, as the case may be.

Co-opted participants

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• (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 entitled to vote on the decision, 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.

Job sharing

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Where an office referred to in—

• (a) regulation 7(1), or

• (b) regulation 8(3),

is shared by 2 or more persons, those persons are to be treated as if they were 1 person for the purposes of these Regulations.

PART 4 — Functions

Economic well-being

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The economic well-being function is granted to the South West Wales CJC (see section 76 of the Local Government and Elections (Wales) Act 2021).

Transfer etc. of function of developing transport policies

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• (1) The function of developing policies under section 108(1)(a) and (2A)(a) of Part 2 of the Transport Act 2000[^f00004] is, in respect of the area of each constituent council, to be exercised by the South West Wales CJC, and not by the constituent council.

• (2) Part 2 of the Transport Act 2000 applies in relation to the South West Wales CJC and its constituent councils subject to the modifications in the Schedule to the Corporate Joint Committees (Transport Functions) (Wales) Regulations 2021[^f00005].

Strategic planning functions

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The South West Wales CJC has the function of preparing a strategic development plan (and accordingly Part 6 of the Planning and Compulsory Purchase Act 2004 applies to the South West Wales CJC (see in particular sections 60K to 60N of that Act)).

Subsidiary powers

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• (1) The South West Wales CJC may do anything—

• (a) to facilitate, or

• (b) which is incidental or conducive to,

the exercise of its functions under these Regulations or any other enactment.

• (2) Things which may be done under paragraph (1) include—

• (a) incurring expenditure;

• (b) charging fees;

• (c) acquiring or disposing of property or rights.

Delegation of functions

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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).

PART 5 — Funding

Calculation of budget requirements

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• (1) For each financial year the South West Wales CJC must calculate the amounts described in paragraph (2) attributable to—

• (a) its strategic planning functions (including an appropriate proportion of administration costs and other overheads), and

• (b) its other functions.

• (2) The amounts that the CJC must calculate are—

• (a) the amount which the CJC estimates it will spend in respect of the financial year in the exercise of its functions (including spending on administration and other overheads);

• (b) the amount which the CJC considers appropriate to raise for contingencies arising in respect of the financial year;

• (c) the amount which the CJC considers appropriate to be held as a reserve to meet expenditure it considers will be incurred in respect of future financial years;

• (d) any amount which the CJC considers is necessary to meet liabilities outstanding in respect of any earlier financial year.

• (3) For each financial year, the South West Wales CJC must also calculate the aggregate of any amounts it estimates it will receive from sources other than the constituent councils, the Brecon Beacons National Park Authority and the Pembrokeshire Coast National Park Authority attributable to—