The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Miscellaneous Provisions) Regulations 2021

The Standards Committees (Wales) Regulations 2001

7.—(1) The Standards Committees (Wales) Regulations 2001(1) are amended as follows.

(2) In regulation 26(2) (applicable provisions of Part 5A of the Local Government Act 1972)—

(a) in paragraph (1)(b) for “section 100B” substitute “section 100BA”;

(b) after paragraph (1) insert—

“(1A) The duty of a standards committee, by virtue of paragraph (1), to publish any document electronically is a duty to publish the document on the website of the relevant authority (if that authority has one).”;

(c) in paragraph (2) for “subsection (1) of section 100B” substitute “subsection (1) of section 100BA”;

(d) in paragraph (2A)(3)—

(i) in sub-paragraph (a)—

(aa) for “section 100B” substitute “section 100BA”;

(bb) after “publish” insert “electronically”;

(ii) in sub-paragraph (d), after “publish” insert “electronically”;

(e) omit paragraph (3);

(f) for paragraph (4) substitute—

“(4) In subsections (1)(c) and (2A)(b) of section 100D, for “offices of the council” substitute “offices of the relevant authority”;

(g) in paragraph (6), for “subsection (3) of section 100H” substitute “subsections (3), (3A) and (6A) of section 100H”(4);

(h) in paragraph (7), in the text inserted by sub-paragraph (a), at the end insert “and see section 100J(3YA), (3ZA)(b) and (3ZAA) above”(5).

(3) In regulation 27(6) (applicable provisions of Part 5A of the Local Government Act 1972)—

(a) for paragraph (1) substitute—

“(1) Where—

(a) a local authority is required by virtue of section 100A of the 1972 Act, as modified by regulation 26, to publish electronically a notice relating to a meeting of its standards committee, and

(b) one or more of the community councils situated in the local authority’s area have a website,

the local authority may, if it thinks fit, provide for the notice to be published on one or more of those websites (as well as on its own website).”;

(b) for paragraph (2) substitute—

“(2) Where—

(a) a local authority is required by virtue of section 100BA of the 1972 Act, as modified by regulation 26, to publish electronically agendas and reports for meetings of its standards committee, and

(b) one or more the community councils situated in the local authority’s area have a website,

the local authority may, if it thinks fit, provide for the agendas or reports to be published on one or more of those websites (as well as on its own website).”;

(c) for paragraph (3) substitute—

“(3) Where—

(a) a local authority is required by virtue of section 100C of the 1972 Act, as modified by regulation 26, to publish electronically minutes of meetings of its standards committee or other documents relating to meetings of its standards committee, and

(b) one or more the community councils situated in the local authority’s area have a website,

the local authority may, if it thinks fit, provide for those minutes and documents to be published on one or more those websites (as well as on its own website).”

(1)

S.I. 2001/2283 (W. 172).

(2)

Regulation 26 was temporarily modified by paragraph 2(a) of the Schedule to S.I. 2020/442 (W. 100) in relation to meetings of standards committees held between 22 April 2020 and the end of 30 April 2021.

(3)

Paragraph (2A) was inserted by of the Local Government (Standards Committees, Investigations, Dispensations and Referral) (Wales) (Amendment) Regulations 2016 (S.I. 2016/85 (W. 39)), regulation 2(16).

(4)

Subsection (6A) of section 100H was inserted by the 2021 Act, Schedule 4, paragraph 10(8). Section 100H was temporarily modified by regulation 21 (8) of S.I. 2020/442 (W. 100) in relation to local authority meetings held between 22 April 2020 and the end of 30 April 2021.

(5)

Section 100J(3YA) was inserted by the Localism Act 2011 (c. 20), section 231(5). Section 100J(3ZA) was inserted by the Housing and Regeneration Act 2008 (c. 17), Schedule 8, paragraph 15(4). Section 100J(3ZAA) was inserted by the Localism Act 2011, Schedule 22, paragraph 3(4).

(6)

Regulation 27 was temporarily modified by paragraph 2(b) of the Schedule to S.I. 2020/442 (W. 100) in relation to meetings of standards committees held between 22 April 2020 and the end of 30 April 2021.