The Local Authorities (Executive Arrangements) (Discharge of Functions) (Amendment) (Wales) Regulations 2003

Welsh Statutory Instruments

2003 No. 147 (W.17)

LOCAL GOVERNMENT, WALES

The Local Authorities (Executive Arrangements) (Discharge of Functions) (Amendment) (Wales) Regulations 2003

Made

29 January 2003

Coming into force in accordance with the provisions of Regulation 1(1)

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 2003 and come into force on the day after the day on which these Regulations are signed.

(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.

Revocation

2.  The Local Authorities (Executive Arrangements) (Discharge of Functions) (Amendment) (Wales) Regulations 2002(3) are revoked.

Amendment of principal Regulations

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

“(1) Subject to paragraph (3) below, a member or an officer of a local authority may be appointed to a joint committee in accordance with regulation 11 above by an executive, a member of an executive or a committee of an executive regardless, in the case of a member, of whether that person is a member of that executive, and the political balance requirements shall not apply to the appointment of such members.”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4).

D. Elis-Thomas

The Presiding Officer of the National Assembly

29th January 2003

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, enabled 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 (“the 2002 Regulations”) provided that only a member of the executive could be appointed to a joint committee which exercises executive functions.

These Regulations revoke and replace the Local Authorities (Executive Arrangements) (Discharge of Functions) (Amendment) (Wales) Regulations 2002 which amended the 2002 Regulations. These Regulations provide a positive power of appointment so that non-executive members and officers may serve on joint committees.

(1)

2000 c. 22.

(2)

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

(3)

S.I. 2002/2941 (W.282).

(4)

1998 c. 38.