The Local Government (Standards Committees and Member Conduct) (Miscellaneous Amendments) (Wales) Regulations 2025
Made: 19 November 2025
Laid before Senedd Cymru: 21 November 2025
Coming into force: 5 January 2026
In accordance with sections 49(5)[^f00002] and 50(5)[^f00003] of the Act, the Welsh Ministers have consulted such representatives of relevant authorities as they considered appropriate, the Auditor General for Wales, the Public Services Ombudsman for Wales, and such other persons as they considered appropriate.
Title and coming into force
1
- (1) The title of these Regulations is the Local Government (Standards Committees and Member Conduct) (Miscellaneous Amendments) (Wales) Regulations 2025.
- (2) These Regulations come into force on 5 January 2026.
Amendments to the Standards Committees (Wales) Regulations 2001
2
- (1) The Standards Committees (Wales) Regulations 2001[^f00004] are amended as follows.
- (2) In regulation 2 (interpretation), at the appropriate place in alphabetical order insert—
- “politically restricted post” (“swydd o dan gyfyngiadau gwleidyddol”) has the meaning given by section 2(1), (1A) and (1B) of the Local Government and Housing Act 1989[^f00005];
- “registration officer” (“swyddog cofrestru”) means an officer appointed under section 8(2A) of the Representation of the People Act 1983[^f00006];
- “senior, cabinet or executive post” (“swydd uwch, swydd gabinet neu swydd weithredol”) means— a chairman elected under section 22(1) of the Local Government Act 1972[^f00007]; a vice-chairman appointed under section 24(1) of the Local Government Act 1972; a presiding member elected under section 24A(2) of the Local Government Act 1972[^f00008]; a deputy presiding member appointed under section 24B(2) of the Local Government Act 1972[^f00009]; an elected mayor elected under section 39(1) of the Local Government Act 2000; a deputy mayor appointed under paragraph 1(3) of Schedule 1 to the Local Government Act 2000; an executive leader elected under section 11(3)(a) of the Local Government Act 2000[^f00010]; a member of the executive of a local authority appointed under section 11(2)(b)[^f00011] or (3)(b) of the Local Government Act 2000; an Overview and Scrutiny Committee Chair appointed in accordance with section 66 of the Local Government (Wales) Measure 2011;
- (3) For regulation 6 (previous members of a relevant authority) substitute—
(6) (1) A person who has been but is no longer a member of one or more relevant authorities may be an independent member of the standards committee of any relevant authority subject to the following conditions— (a) any person who has held a senior, cabinet or executive post in one or more relevant authorities must not be an independent member of the standards committee of any relevant authority in which that person held such a post until the expiry of the period of five years commencing with the date on which that person last ceased to hold such a post; (b) any person who was a member of one or more relevant authorities must not be an independent member of the standards committee of any relevant authority of which that person was a member (not holding a senior, cabinet or executive post) until the expiry of the period of two years commencing with the date on which that person last ceased to be a member of that authority. (2) A person who has been but is no longer a member of a corporate joint committee, or a member of a constituent authority or constituent National Park authority of any corporate joint committee, may be an independent member of the standards committee of any corporate joint committee subject to the following conditions— (a) any person who has held a senior, cabinet or executive post in a constituent authority of a corporate joint committee must not be an independent member of the standards committee of that corporate joint committee until the expiry of the period of five years commencing with the date on which that person last ceased to hold such a post; (b) any person who was a member of a corporate joint committee, or a member of a constituent authority or constituent National Park authority of that corporate joint committee (not holding a senior, cabinet or executive post in the case of a constituent authority), must not be an independent member of the standards committee of that corporate joint committee until the expiry of the period of two years commencing with the date on which that person last ceased to be a member of that corporate joint committee, constituent authority or National Park authority.
- (4) For regulation 7 (previous officers of a relevant authority) substitute—
(7) (1) A person who has been but is no longer an officer of one or more relevant authorities may be an independent member of the standards committee of any relevant authority, except where paragraph (2) applies. (2) Where the person referred to in paragraph (1) has held a politically restricted post, or the post of registration officer, in a relevant authority, that person must not be an independent member of the standards committee of any relevant authority in which that person held such a post until the expiry of the period of two years commencing with the date on which that person last ceased to hold such a post. (3) A person who has been but is no longer an officer of a corporate joint committee, or an officer of a constituent authority or constituent National Park authority of any corporate joint committee, may be an independent member of the standards committee of any corporate joint committee, except where paragraph (4) applies. (4) Where the person referred to in paragraph (3) has held a politically restricted post in any corporate joint committee, or a constituent authority or constituent National Park authority of any corporate joint committee, or has held the post of registration officer in a constituent authority of any corporate joint committee, that person must not be an independent member of the standards committee of that corporate joint committee until the expiry of the period of two years commencing with the date on which that person last ceased to hold such a post.
Amendments to the Conduct of Members (Principles) (Wales) Order 2001
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- (1) The Conduct of Members (Principles) (Wales) Order 2001[^f00012] is amended as follows.
- (2) In article 2 (interpretation)—
- (a) in the English text, at the end of the definition of “member”, omit “and”;
- (b) in the Welsh text, at the end of the definition of “aelod cyfetholedig”, omit “ac”;
- (c) at the appropriate place in alphabetical order, insert—
- “protected characteristics” (“nodweddion gwarchodedig”) has the meaning given by section 4 of the Equality Act 2010[^f00013];
- (3) In the Schedule, in paragraph 7 (equality and respect) for “gender, race, disability, sexual orientation, age or religion” substitute “protected characteristics or socio-economic circumstances”.
Amendments to the Local Authorities (Model Code of Conduct) (Wales) Order 2008
4
In the Schedule to the Local Authorities (Model Code of Conduct) (Wales) Order 2008[^f00014]—
- (a) in paragraph 1(1), at the appropriate place in alphabetical order insert—
- “protected characteristics” (“nodweddion gwarchodedig”) has the meaning given by section 4 of the Equality Act 2010;
- (b) in paragraph 4(a), for “gender, race, disability, sexual orientation, age or religion” substitute “protected characteristics or socio-economic circumstances”.
Signed
Jayne Bryant — Cabinet Secretary for Housing and Local Government, one of the Welsh Ministers — 19 November 2025
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations amend—
- (a) the Standards Committees (Wales) Regulations 2001 (“the 2001 Regulations”),
- (b) the Conduct of Members (Principles) (Wales) Order 2001 (“the 2001 Order”), and
- (c) the Local Authorities (Model Code of Conduct) (Wales) Order 2008 (“the 2008 Order”).
Part 3 of the Local Government Act 2000 (“the Act”) makes provision concerning the conduct of local government members and employees.
Section 53(1) of the Act requires every relevant authority in Wales to establish a standards committee. The 2001 Regulations make provision with respect to the size, composition and proceedings of standards committees and sub-committees, and the appointment, term of office and re-appointment of independent members to such committees.
Regulation 2 inserts definitions of “politically restricted post”, “registration officer” and “senior, cabinet or executive post” into regulation 2 of the 2001 Regulations. It also amends regulation 6 of the 2001 Regulations to allow former members of one or more relevant authorities, a corporate joint committee, or a constituent authority or constituent National Park authority of any corporate joint committee, to serve as an independent member of a standards committee of a relevant authority or corporate joint committee.
A waiting period of two years is imposed where the former member wishes to become an independent member of a standards committee of an authority in which they were a member, save where the former member held a senior, cabinet or executive post in the same authority, in which case the waiting period is five years.
Where the former member was a member of a corporate joint committee, or a constituent authority or constituent National Park authority of that corporate joint committee, a waiting period of two years is imposed before the former member can become an independent member of a standards committee of that corporate joint committee, save that, where the former member held a senior, cabinet or executive post in a constituent authority of that corporate joint committee, the waiting period is five years.
Regulation 2 also amends regulation 7 of the 2001 Regulations to allow former officers of one or more relevant authorities, a corporate joint committee, a constituent authority or a constituent National Park authority, to serve as an independent member of a standards committee.
A waiting period of two years is imposed where the former officer wishes to become an independent member of a standards committee of an authority in which they held a politically restricted post or the post of registration officer. The same waiting period applies with respect to the ability of a former officer to become an independent member of a standards committee of a corporate joint committee where the former officer held a politically restricted post in that corporate joint committee, or a constituent authority or constituent National Park authority of that corporate joint committee, or held the post of registration officer in a constituent authority of that corporate joint committee.
Section 49(2) of the Act makes provision for the principles which govern the conduct of members and co-opted members of relevant authorities in Wales. These principles are set out in the Schedule to the 2001 Order. Section 50(2) of the Act makes provision for a model code as regards the conduct expected of members and co-opted members of relevant authorities in Wales. The Model Code of Conduct is set out in the Schedule to the 2008 Order.
Regulation 3 inserts into article 2 of the 2001 Order a definition of “protected characteristics” by reference to the definition in section 4 of the Equality Act 2010. Regulation 3 also amends Principle 7 (equality and respect) of the Schedule to the 2001 Order by replacing the reference to “gender, race, disability, sexual orientation, age or religion” with “protected characteristics or socio-economic circumstances”.
Regulation 4 inserts into paragraph 1 of the Model Code of Conduct as set out in the Schedule to the 2008 Order a definition of “protected characteristics” by reference to the definition in section 4 of the Equality Act 2010. It also amends paragraph 4 to replace the reference to “gender, race, disability, sexual orientation, age or religion” with “protected characteristics or socio-economic circumstances”.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Local Government Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.
Footnotes
[^f00001]: 2000 c. 22. Section 49(2) was amended by paragraph 8(3) of Schedule 4 to the Localism Act 2011 (c. 20). Section 50(2) and (3) were amended by paragraph 9(3) and (4) of Schedule 4 to the Localism Act 2011 respectively. Section 53(11)(a) was amended by paragraph 12(4)(a) of Schedule 4 to the Localism Act 2011 and section 68(2)(c)(i) and (ii) of the Democracy and Boundary Commission Cymru etc. Act 2013 (anaw 4). The powers conferred by sections 49(2) and 50(2) and (3) on the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). The powers to make an order under sections 49(2) and 50(2) and (3) of the Local Government Act 2000 may be exercised to make regulations by virtue of section 39 of the Legislation (Wales) Act 2019 (anaw 4).
[^f00002]: Section 49(5) was amended by paragraph 8(5) of Schedule 4 to the Localism Act 2011, paragraph 53(3) of Schedule 2 to the Public Audit (Wales) Act 2004 (c. 23) and paragraph 2(b) of Schedule 4 to the Public Services Ombudsman (Wales) Act 2005 (c. 10).
[^f00003]: Section 50(5) was amended by paragraph 9(7) of Schedule 4 to the Localism Act 2011.
[^f00004]: S.I. 2001/2283 (W. 172), amended by S.I. 2023/988 (W. 159); there are other amending instruments but none is relevant to these Regulations.
[^f00005]: 1989 c. 42. Section 2(1) was amended by section 203(1)(a) of the Local Government and Public Involvement in Health Act 2007 (c. 28); and section 21(2) and (3) of the Local Government (Wales) Measure 2011 (nawm 4). Section 2(1A) was inserted by paragraph 7(a) of Schedule 5 to the Local Government and Elections (Wales) Act 2021 (asc 1). Section 2(1B) was inserted by S.I. 2021/1349 (W. 348).
[^f00006]: 1983 c. 2. Section 8(2A) was inserted by paragraph 68(1) of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19).
[^f00007]: 1972 c. 70.
[^f00008]: Section 24A was inserted by section 51(2) of the Democracy and Boundary Commission Cymru etc. Act 2013.
[^f00009]: Section 24B was inserted by section 51(2) of the Democracy and Boundary Commission Cymru etc. Act 2013.
[^f00010]: Section 11(3) was amended by section 62(5) of the Local Government and Public Involvement in Health Act 2007 and paragraph 11(4) of Schedule 3 to the Localism Act 2011.
[^f00011]: Section 11(2) was amended by section 62(3) of the Local Government and Public Involvement in Health Act 2007 and paragraph 11(2) of Schedule 3 to the Localism Act 2011.
[^f00012]: S.I. 2001/2276 (W. 166), to which there are amendments not relevant to these Regulations.
[^f00013]: 2010 c. 15.
[^f00014]: S.I. 2008/788 (W. 88), to which there are amendments not relevant to these Regulations.
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