The Corporate Joint Committees (General) (Wales) Regulations 2021
A draft of this instrument has been laid before and approved by a resolution of Senedd Cymru in accordance with section 174(4) and (5)(k) and (l) of that Act.
Title and coming into force1.
(1)
The title of these Regulations is the Corporate Joint Committees (General) (Wales) Regulations 2021.
(2)
These Regulations come into force on 1 April 2021.
Interpretation2.
(1)
In these Regulations—
“the 2021 Act” means the Local Government and Elections Act 2021 (asc 1);
F1...
“corporate joint committee” means a corporate joint committee established by regulations made under Part 5 of the 2021 Act;
“constituent council”, in relation to a corporate joint committee, means the principal council for a principal area in the area of the corporate joint committee;
F1...
“principal area” has the meaning given by section 68 of the 2021 Act;
“principal council” has the meaning given in section 171(1) of the 2021 Act.
“senior executive member” has the meaning given by section 77(4) of the 2021 Act.
(2)
References in these Regulations to the area of a corporate joint committee are references to the area comprising—
(a)
the principal areas of the principal councils that made a joint committee application under section 72(1) of the 2021 Act, or
(b)
the principal areas specified in regulations made under section 74(1) of that Act.
PART 1Standards of conduct
Conduct of corporate joint committee members, F2sub-committee members and employees3.
Schedule 1 makes provision about the standards of conduct that apply in relation to members, F2sub-committee members and employees of corporate joint committees.
PART 2Finance and accounts
Finance and accounts4.
Schedule 2 makes provision about the finance and accounts of corporate joint committees.
PART 3General amendments
General amendments relating to the status of a corporate joint committee5.
Schedule 3 contains amendments of other enactments related to the status of a corporate joint committee as a public body.
SCHEDULE 1Standards of conduct
Application of relevant authority’s code of conduct to members and F3sub-committee members
1.
(1)
Sub-paragraph (2) applies to a person who—
(b)
is—
(i)
a member, or
(ii)
a co-opted member,
of a relevant authority.
(2)
For the purposes of the code of conduct of the relevant authority, a person to whom this paragraph applies is to be treated as though they had been appointed by the relevant authority to serve on the corporate joint committee.
(3)
Where, by virtue of sub-paragraph (2), a person to whom that sub-paragraph applies is required, in so far as they are acting for the corporate joint committee, to comply with the model code of conduct (“the code”), sub-paragraphs (4) and (5) apply.
(4)
References to a person’s “authority” in Part 3 of the code are to be read as references to the corporate joint committee for which the person is acting.
(5)
A person must register any personal interests they have in the business of the corporate joint committee in their relevant authority’s register of member’s interests by providing written notification to the authority’s monitoring officer.
Application of authority code of conduct to employees
2.
(1)
Sub-paragraph (2) applies unless—
(a)
express provision is made to the contrary, or
(b)
the context requires otherwise.
(2)
(3)
In the 2001 Order, as it applies by virtue of sub-paragraph (2), a reference to an employee’s authority is to be read as reference to an employee’s corporate joint committee.
Interpretation of Schedule 1
3.
In this Schedule—
(a)
(b)
(c)
“code of conduct” means the code of conduct adopted by a relevant authority under section 51 of the 2000 Act;
(d)
“co-opted member” has the meaning given by section 49 of the 2000 Act;
(e)
“relevant authority” has the meaning given by section 49 of the 2000 Act.
SCHEDULE 2Finance and accounts
Amendment of the Local Government Act 2003
1.
“(11)
This Part applies in relation to a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 as it applies in relation to a local authority.”
Amendment of the Local Authorities (Capital Finance and Accounting) (Wales) Regulations 2003
2.
SCHEDULE 3General amendments
Amendment of the Local Authorities (Goods and Services) Act 1970
1.
Amendment of the Equality Act 2010
2.
“(ja)
a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021;”.
Amendment of the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017
3.
“(da)
a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021;”.
Part 1 of these Regulations introduces Schedule 1 which makes provision about the standards of conduct that apply to members, co-opted participants and employees of corporate joint committees.
Paragraph 1 of Schedule 1 refers to the code of conduct that relevant authorities must adopt under the Local Government Act 2000 (c 22). It provides that where a member or co-opted participant of a corporate joint committee is a member or a co-opted member of a relevant authority under the Local Government Act 2000, the code of conduct of their authority applies to them as though they had been appointed to the corporate joint committee by their authority.
Paragraph 2 of Schedule 1 refers to the code of conduct for employees of relevant authorities which is also made under the Local Government Act 2000. It provides that this code applies to employees of corporate joint committees as it applies to employees of relevant authorities within the meaning given by that Act.
Part 2 of these Regulations introduces Schedule 2 which makes provision about accounts and finance of corporate joint committees.
Paragraph 1 of Schedule 2 provides that Part 1 of the Local Government Act 2003 applies to corporate joint committees as it applies to local authorities.
Part 1 of the 2003 Act makes provision about the financial management of local authorities and related public bodies, including in particular, provision about capital finance and accounting practices.
Paragraph 2 of Schedule 2 provides that the Local Authorities (Capital Finance and Accounting) (Wales) Regulations 2003 apply to corporate joint committees as they apply to local authorities. The 2003 Regulations make further, more detailed, provision about the matters contained in Part 1 of the Local Government Act 2003.
Schedule 3 makes general amendments to other enactments.
Paragraph 1 of Schedule 3 amends section 1 of the Local Authorities (Goods and Services) Act 1970 (c. 39) with the effect that corporate joint committees may enter into certain agreements for goods and services with another authority to which that section applies in relation to trading operations.
Paragraph 2 of Schedule 3 amends section 59 of the Equality Act 2010 (c. 15) with the effect that the protections against discrimination, harassment and victimisation set out in section 58 of that Act apply to a member of a corporate joint committee carrying out official business as such a member.
Paragraph 3 of Schedule 3 amends paragraph 1 of Schedule 20 to the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017. That paragraph provides that no land transaction tax is charged on a land transaction between public bodies which arises as a result of a reorganisation provided for in legislation. The amendment ensures that corporate joint committees are treated as public bodies for the purposes of that tax relief.
These Regulations are connected with Regulations which establish certain corporate joint committees under Part 5 of the Local Government and Elections (Wales) Act 2021. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to the Regulations which establish corporate joint committees and connected regulations. As a result a regulatory impact assessment has been prepared. A copy can be obtained from the Local Government Strategic Finance Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.