The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021

PART 4 E+W Functions

Discharge of functions by other persons E+W

13.—(1) Subject to any express provision contained in these Regulations or any other enactment, a corporate joint committee may arrange for the discharge of any of its functions by—

(a) a sub-committee;

(b) a member of staff;

(c) any other corporate joint committee;

(d) any county or county borough council in Wales.

(2) But any arrangement made by a corporate joint committee under paragraph (1) does not prevent that corporate joint committee from exercising the functions to which the arrangement relates.

(3) Where a corporate joint committee has arranged for the discharge of any of its functions by a sub-committee under paragraph (1)(a), the sub-committee may arrange for the discharge of any of those functions by a member of staff of the corporate joint committee, unless the corporate joint committee has directed otherwise.

(4) But any arrangement made by a sub-committee under paragraph (3) does not prevent that sub-committee from exercising the functions to which the arrangement relates.

(5) Where a corporate joint committee has arranged for the discharge of any of its functions under paragraph (1)(c) or (d) then, subject to the terms of the arrangement, the body authorised to discharge those functions may arrange that they be discharged by a committee, sub-committee or member of staff of that body.

(6) Subject to any express provision contained in these Regulations or any other enactment, two or more corporate joint committees may discharge any of their functions jointly.

(7) Where two or more corporate joint committees have arranged under paragraph (6) to discharge any of their functions jointly they may also arrange for the discharge of those functions by a member of staff.

(8) Where two or more corporate joint committees have arranged under paragraph (6) to discharge any of their functions jointly any enactment relating to—

(a) those functions,

(b) the corporate joint committees by whom they are to be discharged, or

(c) the areas in respect of which they are to be discharged,

is to be construed in accordance with paragraph (9).

(9) An enactment referred to in paragraph (8) must be read as if it contained all modifications necessary to enable the functions referred to in that paragraph to be discharged—

(a) by the corporate joint committees, and

(b) in respect of the areas,

referred to in that paragraph (whether in pursuance of arrangements under paragraph (6) or otherwise).

(10) References in this regulation to the discharge of any of the functions of a corporate joint committee include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.

(11) Nothing in this regulation affects the operation of the Local Authorities (Goods and Services) Act 1970 (1).

Modifications etc. (not altering text)

C1 Reg. 13 excluded (3.12.2021) by 1989 c. 42, s. 5(5A) (as inserted by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 7(4))

C2 Reg. 13 excluded (3.12.2021) by 2011 c. 20, s. 42(2A) (as inserted by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 12(1)(b))

C3 Reg. 13 excluded (3.12.2021) by S.I. 2021/352, reg. 15 (as substituted by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 37(7))

C4 Reg. 13 excluded (3.12.2021) by S.I. 2021/343, reg. 15 (as substituted by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 36(7))

C5 Reg. 13 excluded (3.12.2021) by S.I. 2021/339, reg. 15 (as substituted by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 35(7))

C6 Reg. 13 excluded (3.12.2021) by 1988 c. 41, s. 115(4B) (as inserted by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 6(3))

C7 Reg. 13 excluded (3.12.2021) by S.I. 2021/342, reg. 15 (as substituted by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 34(7))

C8 Reg. 13 excluded (15.7.2022) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2022 (S.I. 2022/797), regs. 1(2), 9(4)

Commencement Information

I1 Reg. 13 in force at 3.12.2021, see reg. 1(2)

Sub-committees E+W

Sub-committees E+W

14.—(1) A corporate joint committee may appoint one or more sub-committees—

(a) for the purpose of discharging any of its functions in pursuance of arrangements made under regulation 13 (discharge of functions by other persons) of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021;

(b) to advise the corporate joint committee on any matter relating to the discharge of any of its functions.

(2) A sub-committee appointed under paragraph (1) may include, or be wholly comprised of, members who are not members of the corporate joint committee.

(3) Subject to the provisions of this regulation and any express provision in any other enactment, the functions of a sub-committee, the number of members of a sub-committee and the term of office of each member must be fixed by the corporate joint committee.

(4) The procedures of a sub-committee, including where appropriate any voting procedures, must be set out in the standing orders of the corporate joint committee.

Commencement Information

I2 Reg. 14 in force at 3.12.2021, see reg. 1(2)

(1)

1970 c. 39.