2022 No. 188 (W. 62)
The Corporate Joint Committees (Transport Functions) (Consequential Modifications and Transitional Provisions) (Wales) Regulations 2022
Made
Coming into force
The Welsh Ministers, in exercise of the powers conferred by section 173 of the Local Government and Elections (Wales) Act 20211, make the following Regulations.
A draft of these Regulations has been approved by a resolution of Senedd Cymru in accordance with section 174(4) and (5)(t) of that Act.
Title and commencement1
1
The title of these Regulations is the Corporate Joint Committees (Transport Functions) (Consequential Modifications and Transitional Provisions) (Wales) Regulations 2022.
2
These Regulations come into force on 28 February 2022.
Interpretation2
1
In these Regulations—
“the 2000 Act” (“Deddf 2000”) means the Transport Act 20002;
“constituent council” (“cyngor cyfansoddol”) means a council for a county or county borough council in Wales, in respect of whose area the Welsh Ministers have established a corporate joint committee;
“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;
“local transport authority” (“awdurdod trafnidiaeth lleol”) means a county council or county borough council.
2
For the purposes of these Regulations, any reference to a “modified” provision of the 2000 Act is a reference to that provision as modified by the Schedule to the Corporate Joint Committees (Transport Functions) (Wales) Regulations 20213.
Modifications to legislation3
Where the function of developing policies under section 108(1)(a) and (2A)(a) of Part 2 of the 2000 Act in respect of the area of a local transport authority is conferred on a corporate joint committee, the legislation referred to in the Schedule applies subject to the modifications set out in the Schedule.
Transitional provision4
1
This regulation applies where the function of developing policies under section 108(1)(a) and (2A)(a) of Part 2 of the 2000 Act in respect of the area of a local transport authority is conferred on a corporate joint committee.
2
Any policies developed by a constituent council under section 108(1)(a) of the 2000 Act are to be treated as if they were policies developed by the corporate joint committee under modified section 108(1) of the 2000 Act in respect of that part of the corporate joint committee’s area as is constituted by the area of the constituent council.
3
Paragraph (2) ceases to apply when the corporate joint committee develops policies in respect of that part of its area under modified section 108(1) of the 2000 Act.
4
Any policies developed by a constituent council under section 108(2A) of the 2000 Act are to be treated as if they were policies developed by the corporate joint committee under modified section 108(2A) in respect of that part of the corporate joint committee’s area as is constituted by the area of the constituent council.
5
Paragraph (4) ceases to apply when the corporate joint committee develops policies in respect of that part of its area under modified section 108(2A).
6
A local transport plan submitted by a constituent council and approved by the Welsh Ministers under section 109A of the 2000 Act is to be treated as if it were a regional transport plan submitted by a corporate joint committee and approved by the Welsh Ministers under modified section 109A in respect of that part of the corporate joint committee’s area as is constituted by the area of the constituent council.
7
Paragraph (6) ceases to apply when the Welsh Ministers approve the corporate joint committee’s regional transport plan under modified section 109A.
Revocation of the Regional Transport Planning (Wales) Order 20145
The Regional Transport Planning (Wales) Order 20144 is revoked.
SCHEDULEModifications to legislation
The Town and Country Planning (Local Development Plan) (Wales) Regulations 20051
Regulation 13 of the Town and Country Planning (Local Development Plan) (Wales) Regulations 20055 is to be read as if—
a
in paragraph (1), for sub-paragraphs (a) and (b) there were substituted—
a
any regional transport plan prepared under section 108(3A) of the Transport Act 2000 (as modified by the Corporate Joint Committees (Transport Functions) (Wales) Regulations 2021), the policies of which affect any part of the LPA’s area;
b
any other policies prepared under section 108(1) and (2A) of the Transport Act 2000 (as modified by the Corporate Joint Committees (Transport Functions) (Wales) Regulations 2021) which affect any part of the LPA’s area;
b
paragraph (3) were omitted.
Transport (Wales) Act 20062
The Transport (Wales) Act 20066 is to be read as if—
a
in section 2 (Wales Transport Strategy), in subsection (5), after paragraph (a), there were inserted—
aa
each corporate joint committee upon whom the function of developing policies under section 108(1)(a) and (2A)(a) of Part 2 of the Transport Act 2000 has been conferred;
b
in section 14 (interpretation), after subsection (3), there were inserted—
4
“Corporate joint committee” means a corporate joint committee established by Regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.
The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 20073
The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 20077 are to be read as if, in the table in Schedule 3, the entry relating to a Local Transport Plan were omitted.
Active Travel (Wales) Act 20134
The Active Travel (Wales) Act 20138 is to be read as if—
a
for section 6 (developing transport policies with regard to integrated network map), there were substituted—
6Developing transport policies with regard to integrated network map
Each corporate joint committee upon whom the function of developing policies under section 108(1)(a) and (2A)(a) of the Transport Act 2000 (policies forming basis of regional transport plans) has been conferred must, in developing those policies, have regard to the integrated network map for its area.
b
in section 13, in the appropriate place, there were inserted—
“corporate joint committee” (“cyd-bwyllgor corfforedig”) means a corporate joint committee established by Regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021;
(This note is not part of the Regulations)