The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2017
Title, commencement and application1.
(1)
The title of these Regulations is The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2017 and they come into force on 5 May 2017.
(2)
These Regulations apply in relation to Wales.
Amendment of the Local Authorities (Standing Orders) (Wales) Regulations 20062.
(1)
(2)
In regulation 2, in the definition of “ relevant authority”, after “means” insert, “(subject to regulation 4A)”;
(3)
“Standing orders relating to local planning authorities4A.
(1)
In this regulation—
“committee” (“pwyllgor”) means a committee of a relevant authority by which a relevant function is to be discharged and includes a sub-committee;
“relevant authority” (“awdurdod perthnasol”) means a local planning authority in Wales which is—
(a)
a county council or county borough council;
(b)
a joint planning board4; or(c)
a National Park authority5;“relevant function” (“swyddogaeth berthnasol”) has the meaning given by section 319ZD of the Town and Country Planning Act 19906.(2)
No later than the first ordinary meeting of the relevant authority falling after 5 May 2017, the relevant authority must, in respect of the matters mentioned in paragraph (3)—
(a)
make standing orders incorporating the provisions set out in Schedule 2A, or provisions to like effect; and
(b)
modify any of their existing standing orders so far as it is necessary to do so to conform with those provisions.
(3)
The matters referred to in paragraph (2) are—
(a)
quorum for a meeting of a committee;
(b)
membership of a committee”.
(4)
“SCHEDULE 2AStanding orders relating to local planning authorities
Quorum
1.
No business is to be transacted at a meeting of a committee unless at least half of the total number of members of the committee, rounded to the nearest whole number, is present.
Substitute members
2.
A relevant authority is not to appoint another of their members to act as a member of a committee in the absence of the member appointed in accordance with the Size and Composition of Local Planning Authority Committees (Wales) Regulations 20177.”
These Regulations amend the Local Authorities (Standing Orders) (Wales) Regulations 2006 (S.I. 2006/1275) (W. 121) (“the 2006 Regulations”). They apply in relation to Wales.
The 2006 Regulations require relevant authorities to incorporate into their standing orders certain provisions relating to their staff, meetings and proceedings.
Relevant authorities are required to make or modify standing orders so that they include the provisions set out in the 2006 Regulations or provisions to like effect.
These Regulations amend the 2006 Regulations to make provision about membership and the quorum for meetings of relevant authorities. “Relevant authorities” for the purpose of new regulation 4A (1) of the 2006 Regulations, inserted by regulation 3(3) include, in addition to county and county borough councils, joint planning boards and National Park authorities.
These Regulations apply to committees and sub-committees of relevant authorities by which a relevant function is discharged. A “relevant function” is a function exercisable in relation to an application under the Town and Country Planning Act 1990.
Regulation (3) inserts new regulation 4A and new Schedule 2A in the 2006 Regulations, to require a relevant authority to include in their standing orders a requirement that the quorum for their meetings must include at least half of the committee’s members.
Standing orders must also restrict the appointment of substitute members to committees.
A regulatory impact assessment has been prepared in relation to these Regulations. Copies are available from the Welsh Government at Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government’s website at www.gov.wales.