The Local Authorities (Executive Arrangements) (Discharge of Functions) (Amendment) (Wales) Regulations 2002

Welsh Statutory Instruments

2002 No. 2941 (W.282)

LOCAL GOVERNMENT, WALES

The Local Authorities (Executive Arrangements) (Discharge of Functions) (Amendment) (Wales) Regulations 2002

Made

27th November 2002

Coming into force

20th December 2002

The National Assembly for Wales makes the following Regulations in exercise of the powers conferred upon it by sections 18(1) and (2), 19(1), (2), (4), (5) and (6), 20(1) and (2), 105(2) and 106(1) and (2) of the Local Government Act 2000(1):

Name, commencement, interpretation and application

1.—(1) These Regulations are called the Local Authorities (Executive Arrangements) (Discharge of Functions) (Amendment) (Wales) Regulations 2002 and shall come into force on 20th December 2002.

(2) In these Regulations “the principal Regulations” means the Local Authorities (Executive Arrangements) (Discharge of Functions) (Wales) Regulations 2002(2).

(3) These Regulations apply in Wales only.

Amendment of principal Regulations

2.  For paragraph (1) of regulation 12 of the principal Regulations (members of joint committees) substitute—

“(1) Subject to paragraph (3) below, the political balance requirements shall not apply to appointments made to a joint committee in accordance with regulation 11 above by an executive, a member of an executive or a committee of an executive.”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3).

D. Elis-Thomas

The Presiding Officer of the National Assembly

27th November 2002

Explanatory Note

(This note is not part of the Regulations)

The Local Authorities (Executive Arrangements) (Discharge of Functions) (Wales) Regulations 2002, made under Part II of the Local Government Act 2000, made provision which enables a local authority in Wales operating executive arrangements to make arrangements for the discharge of its executive functions by area committees, the executive of another local authority or jointly with one or more other local authorities by way of joint committee.

Regulation 12(1) of the Local Authorities (Executive Arrangements) (Discharge of Functions) (Wales) Regulations 2002 provides that only a member of the executive can be appointed to a joint committee which exercises executive functions.

In order to ensure that local authority executives are permitted to appoint either members of the local authority who are not executive members or officers of the authority to serve on joint committees on their behalf, regulation 12(1) is amended accordingly.

(1)

2000 c. 22.

(2)

S.I. 2002/802 (W.87).

(3)

1998 c. 38.