Explanatory note

These Regulations are made as part of a suite of regulations connected with the establishment of corporate joint committees in Wales by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 (“the 2021 Act”).

There are 5 Parts to these Regulations.

Part 1 makes provision about the commencement and interpretation of these Regulations.

Part 2 amends the Public Audit (Wales) Act 2004 so that the Auditor General for Wales will be able to direct corporate joint committees to publish information relating to their performance.

Part 2 also inserts new section 115A and new Schedule 10A into the 2021 Act. The effect of these new provisions is to apply most of Chapter 1 of Part 6 of the 2021 Act (performance of county and county borough councils in Wales) to corporate joint committees, with modifications which make that Chapter fit the circumstances of corporate joint committees.

Chapter 1 of Part 6 of the 2021 Act, as applied to corporate joint committees by new section 115A and new Schedule 10A, will provide for the assessment of the performance of corporate joint committees. It will also give powers to the Auditor General for Wales to carry out inspections of corporate joint committees, as well as providing for support and assistance to be given to corporate joint committees, and for other interventions by the Welsh Ministers.

Paragraph 2 of the new Schedule 10A makes some general modifications of references in Chapter 1 of Part 6, including requiring references to principal councils to be read as if they were references to corporate joint committees. However, those general modifications must be read in combination with paragraphs 3 to 17 of new Schedule 10A, which make additional and, in certain cases, different modifications of references to principal councils.

Part 2 of these Regulations also amends section 159 of the 2021 Act to create powers and duties to share information for the purposes of certain functions which may be exercised in relation to corporate joint committees.

Part 3 of these Regulations makes provision requiring corporate joint committees to co-operate and provide assistance where the overview and scrutiny committee of one or more constituent councils of the corporate joint committee is making a report or recommendations in relation to the exercise by the corporate joint committee of one of its functions. This may involve ensuring that its members and staff attend meetings of the committee or that documents (or other information) are provided. The corporate joint committee must also have regard and respond to any such report or recommendations as may be published by such an overview and scrutiny committee.

Part 3 also makes provision about the governance and audit sub-committee that each of the existing corporate joint committees must appoint under the regulations establishing them. It provides that the sub-committee must appoint a chairperson and makes provision about the frequency of meetings and the voting procedure.

Part 4 of these Regulations makes provision in relation to standing orders of corporate joint committees by extending the existing power of the Welsh Ministers to require certain authorities to adopt standing orders regulating their proceedings and business to include corporate joint committees. The Part also makes provision imposing a duty on corporate joint committees to adopt standing orders in relation to contracts. This is equivalent to section 135 of the Local Government Act 1972 which applies to local authorities in Wales.

Part 5 of these Regulations makes miscellaneous and consequential provision. This includes amendments to the functions of governance and audit sub-committees as set out in the regulations establishing each of the four existing corporate joint committees.

A copy of the regulatory impact assessment relating to the establishment of corporate joint committees can be obtained from the Local Government Strategic Finance Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.