Title and commencement1.

(1)

The title of these Regulations is the South East Wales Corporate Joint Committee Regulations 2021.

(2)

These Regulations, other than the provisions mentioned in paragraph (3), come into force on 1 April 2021.

(3)

The following provisions of these Regulations come into force on 28 February 2022—

(a)

regulation 11;

(b)

regulation 12;

(c)

regulation 13;

(d)

regulation 15 in so far as it relates to functions conferred on the South East Wales Corporate Joint Committee by regulation 11, 12 or 13.

Interpretation2.

In these Regulations—

“the Brecon Beacons member” (“aelod Bannau Brycheiniog”) means the member appointed under regulation 8;

“constituent council” (“cyngor cyfansoddiadol”) means—

(a)

Cardiff county council;

(b)

Monmouthshire county council;

(c)

Blaenau Gwent county borough council;

(d)

Bridgend county borough council;

(e)

Caerphilly county borough council;

(f)

Merthyr Tydfil county borough council;

(g)

Newport county borough council;

(h)

Rhondda, Cynon, Taff county borough council;

(i)

Torfaen county borough council;

(j)

The Vale of Glamorgan county borough council;

“co-opted participant” (“cyfranogwr cyfetholedig”) has the meaning given by regulation 9(3);

“council member” (“aelod cyngor”) means a person referred to in regulation 7(1) or a person appointed under regulation 7(3);

“enactment” (“deddfiad”) means an enactment whenever enacted or made;

“financial year” means—

(a)

the period of 12 months ending with 31 March 2022 (referred to in these Regulations as “the first financial year”);

(b)

subsequently, a period of 12 months ending with 31 March;

“National Park Authority” (“Awdurdod Parc Cenedlaethol”) means an authority in Wales established under section 63 of the Environment Act 19952;

“standing orders” (“rheolau sefydlog”) means the standing orders made under paragraph 8 of the Schedule;

“strategic planning functions” (“swyddogaethau cynllunio strategol”) means—

(a)

the functions of the South East Wales Corporate Joint Committee under Part 6 of the Planning and Compulsory Purchase Act 20043 (see regulation 13), and

(b)

any functions incidental or conducive to the exercise of those functions.

PART 1Establishment and area

Establishment3.

(1)

There is established a body corporate to be known as the South East Wales Corporate Joint Committee (“the South East Wales CJC”).

(2)

The South East Wales CJC has the functions—

(a)

conferred on it by these Regulations, and

(b)

conferred or imposed on it, or delegated to it, by any other enactment.

(3)

Functions conferred on the South East Wales CJC by these Regulations are exercisable in relation to its area.

Area4.

The South East Wales CJC’s area comprises the areas of the constituent councils.

PART 2Constitution

Constitution5.

The Schedule makes provision about the constitution of the South East Wales CJC.

PART 3Membership

Membership6.

(1)

The members of the South East Wales CJC are—

(a)

the 10 council members, and

(b)

the Brecon Beacons member.

(2)

The members are entitled to vote in relation to any matter to be decided by the South East Wales CJC.

(3)

But paragraph (2) applies to the Brecon Beacons member only to the extent that the matter to be decided is about strategic planning functions.

(4)

References in these Regulations, and in any other enactment, to a member of the South East Wales CJC (however expressed) include the Brecon Beacons member to the extent described in paragraph (3), unless—

(a)

express provision is made to the contrary, or

(b)

the context requires otherwise.

Council members7.

(1)

In the case of each constituent council—

(a)

the executive leader, where the constituent council operates a leader and cabinet executive;

(b)

the elected mayor, where the constituent council operates a mayor and cabinet executive,

is the council member of the South East Wales CJC.

(2)

Where a council member is, for any period, unable to discharge their functions, the constituent council of which they are a member must appoint another member of its executive to discharge those functions on behalf of the council member for that period.

(3)

Where a constituent council has a vacancy in an office referred to in paragraph (1), the constituent council must appoint another member of its executive as the council member of the South East Wales CJC until such time as the vacancy is filled.

Brecon Beacons member8.

(1)

The Brecon Beacons National Park Authority (“the Authority”) must appoint an office-holder mentioned in paragraph (2) as a member of the South East Wales CJC (“the Brecon Beacons member”).

(2)

The office-holders who are eligible to be the Brecon Beacons member are—

(a)

the chairman of the Authority,

(b)

the deputy chairman of the Authority, or

(c)

the chairperson of a committee with responsibility for planning matters as may be established by the Authority.

(3)

Where the Brecon Beacons member is, for any period, unable to discharge their functions, the Authority must appoint one of the other office-holders mentioned in paragraph (2) to discharge those functions on behalf of the Brecon Beacons member for that period.

Co-opted participants9.

(1)

The members of the South East Wales CJC may co-opt such persons as they think appropriate—

(a)

as members of a sub-committee of the South East Wales CJC;

(b)

to participate in other activities of the South East Wales CJC.

(2)

Where a person is co-opted under paragraph (1), the members must give a written notice of the co-option to the person.

(3)

In these Regulations, a person co-opted under paragraph (1) is referred to as a “co-opted participant”.

(4)

A co-opted participant is entitled to vote in relation only to such matters as the members may specify in the notice given under paragraph (2).

(5)

A co-opted participant is co-opted—

(a)

for a period specified by the members in the notice given under paragraph (2),

(b)

until the co-option is terminated by the members by giving written notice to the co-opted participant, or

(c)

until the co-opted participant resigns by giving written notice to the South East Wales CJC.

(6)

Where a period is specified under paragraph (5)(a), the co-opted participant’s co-option may nevertheless be terminated by the members before the end of the period by giving written notice to the co-opted participant.

(7)

The members of the South East Wales CJC may revise a co-option under paragraph (1) by giving a further written notice to the co-opted participant.

(8)

A further notice may include revisions to—

(a)

any entitlement to vote specified under paragraph (4);

(b)

any period specified under paragraph (5)(a).

Job sharing10.

Where an office referred to in—

(a)

regulation 7(1), or

(b)

regulation 8(2),

is shared by 2 or more persons, those persons are to be treated as if they were 1 person for the purposes of these Regulations.

PART 4Functions

Economic well-being11.

The economic well-being function is granted to the South East Wales CJC (see section 76 of the Local Government and Elections (Wales) Act 2021).

Transfer etc. of function of developing transport policies12.

(1)

The function of developing policies under section 108(1)(a) and (2A)(a) of Part 2 of the Transport Act 20004 is, in respect of the area of each constituent council, to be exercised by the South East Wales CJC, and not by the constituent council.

(2)

Part 2 of the Transport Act 2000 applies in relation to the South East Wales CJC and its constituent councils subject to the modifications in the Schedule to the Corporate Joint Committees (Transport Functions) (Wales) Regulations 20215.

Strategic planning functions13.

The South East Wales CJC has the function of preparing a strategic development plan (and accordingly Part 6 of the Planning and Compulsory Purchase Act 2004 applies to the South East Wales CJC (see in particular sections 60K to 60N of that Act)).

Subsidiary powers14.

(1)

The South East Wales CJC may do anything—

(a)

to facilitate, or

(b)

which is incidental or conducive to,

the exercise of its functions under these Regulations or any other enactment.

(2)

Things which may be done under paragraph (1) include—

(a)

incurring expenditure;

(b)

charging fees;

(c)

acquiring or disposing of property or rights.

Delegation of functions15.

(1)

The South East Wales CJC may delegate functions to a sub-committee subject to—

(a)

paragraph (2);

(b)

any other enactment which has the effect of prohibiting or limiting such delegation.

(2)

The South East Wales CJC may not delegate the functions contained in the following provisions—

(a)

regulation 9 (co-opted participants);

(b)

regulation 12(1) (developing policies under section 108(1)(a) and (2A)(a) of Part 2 of the Transport Act 2000);

(c)

regulation 13 (preparing a strategic development plan);

(d)

regulation 16 (calculation of budget);

(e)

regulation 17 (funding of budget requirement);

(f)

paragraph 2 of the Schedule (appointment and confirmation of chairperson and vice-chairperson);

(g)

paragraph 7 of the Schedule (alternative voting procedure);

(h)

paragraph 8 of the Schedule (making, varying and revoking standing orders);

(i)

paragraph 15 of the Schedule (establishing sub-committees);

(j)

paragraph 16 of the Schedule (establishing a governance and audit sub-committee).

PART 5Funding

Calculation of budget requirements16.

(1)

For each financial year the South East Wales CJC must calculate the amounts described in paragraph (2) attributable to—

(a)

its strategic planning functions (including an appropriate proportion of administration costs and other overheads), and

(b)

its other functions.

(2)

The amounts that the CJC must calculate are—

(a)

the amount which the CJC estimates it will spend in respect of the financial year in the exercise of its functions (including spending on administration and other overheads);

(b)

the amount which the CJC considers appropriate to raise for contingencies arising in respect of the financial year;

(c)

the amount which the CJC considers appropriate to be held as a reserve to meet expenditure it considers will be incurred in respect of future financial years;

(d)

any amount which the CJC considers is necessary to meet liabilities outstanding in respect of any earlier financial year.

(3)

For each financial year, the South East Wales CJC must also calculate the aggregate of any amounts it estimates it will receive from sources other than the constituent councils and the Brecon Beacons National Park Authority attributable to—

(a)

its strategic planning functions, and

(b)

its other functions.

(4)

Where the sum of the amounts calculated for a financial year under paragraph (1)(a) exceeds the amount calculated for that year under paragraph (3)(a), the amount of excess is the South East Wales CJC’s strategic planning budget requirement for the financial year.

(5)

Where the sum of the amounts calculated for a financial year under paragraph (1)(b) exceeds the amount calculated for that year under paragraph (3)(b), the amount of excess is the South East Wales CJC’s general budget requirement for the financial year.

(6)

The South East Wales CJC must—

(a)

carry out the calculations under paragraphs (1) and (3), and

(b)

agree those calculations at a meeting,

no later than 31 January in each preceding financial year.

(7)

In relation to the first financial year, paragraph (6) applies as if, for “31 January in each preceding financial year” there were substituted “31 January 2022”.

(8)

The South East Wales CJC may revise the calculations carried out under paragraphs (1) and (3) at any time before the end of the financial year to which they relate and the South East Wales CJC’s general budget requirement, or strategic planning budget requirement, may consequently be revised.

(9)

Any revised calculations must be agreed at a meeting of the South East Wales CJC.

Funding of budget requirement17.

(1)

The South East Wales CJC’s general budget requirement must be paid to the South East Wales CJC by the constituent councils, and the proportion of that amount payable by each constituent council is to be determined by the unanimous agreement of the council members.

(2)

The South East Wales CJCs strategic planning budget requirement must be paid to the South East Wales CJC by the constituent councils and the Brecon Beacons National Park Authority, and the proportion of that amount payable by each constituent council and by the Authority is to be determined by the unanimous agreement of the members.

(3)

Where agreement cannot be reached as to the proportions payable under paragraph (1) or (2), the Welsh Ministers may by direction specify the proportion payable by each constituent council or each constituent council and the Brecon Beacons National Park Authority.

(4)

This regulation applies to a general budget requirement, or strategic planning budget requirement, revised under paragraph (8) of regulation 16 as it applies to a budget requirement initially determined under that regulation.

Julie James
Minister for Housing and Local Government, one of the Welsh Ministers