http://www.legislation.gov.uk/wsi/2022/802The Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) (Amendment) Regulations 2022enLOCAL GOVERNMENT, WALESStatute Law Database2026-03-27Expert Participation2022-08-05 These Regulations add corporate joint committees established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 to the definition of “relevant authority” in the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001 (“the 2001 Regulations”). 2022 No. 802 (W. 178)Local Government, WalesThe Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) (Amendment) Regulations 2022Made13 July 2022Laid before Senedd Cymru15 July 2022Coming into force5 August 2022The Welsh Ministers make the following Regulations in exercise of the power conferred on them by section 73(1), (2)(b), (2)(d) and (2)(e), and section 105(2)(a) and (2)(b) and (3), of the Local Government Act 2000. Title and coming into force1The title of these Regulations is the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) (Amendment) Regulations 2022 and they come into force on 5 August 2022.Amendments to the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 20012The Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001 are amended as follows.3In regulation 2, in the definition of “relevant authority”—aafter “a scheme to which section 4 of that Act applies,” omit “and”;bfor “1995;” substitute “1995, and”;cat the end insert “a corporate joint committee;”.4In regulation 3, after paragraph (2) insert—2AWhere the relevant authority concerned is a corporate joint committee, in the matter of a member or co-opted member who is also a member or co-opted member of—aa constituent council of the corporate joint committee;ba National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,the monitoring officer of the corporate joint committee must also send a copy of any report and recommendations issued under paragraph (1)(b) or any recommendations made under paragraph (2) to the monitoring officer of that constituent council or National Park authority.5In regulation 6, after paragraph (a) insert—aawhere any person who is the subject of the investigation is a member or co-opted member of a corporate joint committee and is also a member or co-opted member of—ia constituent council of the corporate joint committee;iia National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,send a copy of the report and any recommendations to the monitoring officer of that constituent council or National Park authority;.6In regulation 7(1)(a), after paragraph (i) insert—iawhere the person who is the subject of the investigation is a member or co-opted member of a corporate joint committee and is also a member or co-opted member of—aaa constituent council of the corporate joint committee;bba National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,the monitoring officer of that constituent council or National Park authority;.7In regulation 7A(1), after sub-paragraph (a) insert—aawhere a subject of the investigation is a member or co-opted member of a corporate joint committee and is also a member or co-opted member of—ia constituent council of the corporate joint committee;iia National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,the monitoring officer of that constituent council or National Park authority;.8In regulation 8—ain paragraph (4), for “Regulation 7(b)” substitute “regulation 7(1)(b)”;bin paragraph (6)(b), for “Regulation 12(a)(i)” substitute “regulation 12(1)(a)(i)”;cin paragraph (6)(c), for “Regulation 12(a)(ii)” substitute “regulation 12(1)(a)(ii)”.9In regulation 9—ain paragraph (2), for “Regulation 12(a)(ii)” substitute “regulation 12(1)(a)(ii)”;bafter paragraph (3)(a), insert—aawhere a subject of the investigation is a member or co-opted member of a corporate joint committee and is also a member or co-opted member of—ia constituent council of the corporate joint committee;iia National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,the monitoring officer of that constituent council or National Park authority;.10In regulation 10(10), after sub-paragraph (a) insert—aawhere the person seeking permission to appeal is a member or co-opted member of a corporate joint committee and is also a member or co-opted member of—ia constituent council of the corporate joint committee;iia National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,the monitoring officer of that constituent council or National Park authority;.11In regulation 12—athe existing provision becomes paragraph (1);bin paragraph (1), omit the words from “, and must inform” to “decision”;cafter paragraph (1), insert—2After making a decision in accordance with paragraph (1), the appeals tribunal must give notice of that decision and reasons for the decision to:aany person who is the subject of the investigation,bthe Public Services Ombudsman for Wales,cthe Standards Committee of the relevant authority, anddwhere any person subject to the investigation is a member of a corporate joint committee, and is also a member or co-opted member of—ia constituent council of the corporate joint committee;iia National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,the monitoring officer of that constituent council or National Park authority.12In regulation 13—ain paragraph (1)—iin sub-paragraph (b), for “Regulation 12(a)(i) or (b)” substitute “regulation 12(1)(a)(i) or (b)”;iiin sub-paragraph (c), for “Regulation 12(a)(ii)” substitute “regulation 12(1)(a)(ii)”;iiiomit the words from “and send” to “gave rise to the investigation”;bafter paragraph (1), insert—1AThe Standards Committee must send a copy of the report to:aany person who is the subject of the investigation,bthe Public Services Ombudsman for Wales,cthe monitoring officer of the relevant authority concerned, anddwhere any person subject to the investigation is a member or co-opted member of a corporate joint committee, and is also a member or co-opted member of—ia constituent council of the corporate joint committee;iia National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,the monitoring officer of that constituent council or National Park authority.1BThe Standards Committee must also take reasonable steps to send a copy of the report to any person who made any allegation which gave rise to the investigation.;cin paragraph (2), in the words before sub-paragraph (a), after “authority” insert “concerned”.Rebecca EvansMinister for Finance and Local Government, one of the Welsh Ministers13 July 2022 EXPLANATORY NOTE(This note is not part of the Regulations)

These Regulations add corporate joint committees established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 to the definition of “relevant authority” in the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001 (“the 2001 Regulations”).

These Regulations also amend the 2001 Regulations to provide that where a corporate joint committee member (or co-opted member) is under investigation, and they are also a member (or co-opted member) of a constituent council or National Park authority, specified information, reports and recommendations must also be sent to that council or authority.

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 and orders. As a result, a regulatory impact assessment was prepared at the time of making those establishment regulations and is relied on for the purpose of these Regulations. A copy can be obtained from the Local Government Strategic Finance Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

 2000 c. 22. The functions of the National Assembly for Wales now vest in the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). Regulation 3(2)(a) of S.I. 2022/372 (W. 92) inserted corporate joint committees to the definition of “relevant authority” in section 49 of the 2000 Act. Section 49 is contained in Part 3 of the 2000 Act and concerns the conduct of local government members and employees. S.I. 2001/2281 (W. 171); relevant amending instruments are S.I. 2005/2929 (W. 214), 2006/362 (W. 48), 2016/85 (W. 39). 2021 asc 1. Reg. 1 in force at 5.8.2022, see reg. 1Reg. 2 in force at 5.8.2022, see reg. 1Reg. 3 in force at 5.8.2022, see reg. 1Reg. 4 in force at 5.8.2022, see reg. 1Reg. 5 in force at 5.8.2022, see reg. 1Reg. 6 in force at 5.8.2022, see reg. 1Reg. 7 in force at 5.8.2022, see reg. 1Reg. 8 in force at 5.8.2022, see reg. 1Reg. 9 in force at 5.8.2022, see reg. 1Reg. 10 in force at 5.8.2022, see reg. 1Reg. 11 in force at 5.8.2022, see reg. 1Reg. 12 in force at 5.8.2022, see reg. 1