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The Standards Committees (Wales) (Amendment) Regulations 2023

W.S.I. 2023/988 · Made 11 September 2023

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Local Government, Wales

Made 11 September 2023

Laid before Senedd Cymru 13 September 2023

Coming into force 9 October 2023

The Welsh Ministersf1 make the following Regulations in exercise of the power conferred on them by section 53(11) and section 105(2)(a) and (2)(b) and (3) of the Local Government Act 2000f2.

Annotations to the whole text

Footnotes

f1

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).

f2

2000 c. 22. Amended by S.I. 2022/372 (W. 92); regulation 3 inserted corporate joint committees into the definition of “relevant authority” in section 49 and amended section 53 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.

Contents

  1. 1Title and coming into force
  2. 2Amendments to the Standards Committees (Wales) Regulations 2001
  3. 3Amendments to the Standards Committees (Wales) Regulations 2001
  4. 4Amendments to the Standards Committees (Wales) Regulations 2001
  5. 5Amendments to the Standards Committees (Wales) Regulations 2001
  6. 6Amendments to the Standards Committees (Wales) Regulations 2001
  7. 7Amendments to the Standards Committees (Wales) Regulations 2001
  8. 8Amendments to the Standards Committees (Wales) Regulations 2001
  9. 9Amendments to the Standards Committees (Wales) Regulations 2001
  10. 10Amendments to the Standards Committees (Wales) Regulations 2001
  11. 11Amendments to the Standards Committees (Wales) Regulations 2001
  12. 12Amendments to the Standards Committees (Wales) Regulations 2001
  13. 13Amendments to the Standards Committees (Wales) Regulations 2001
  14. 14Amendments to the Standards Committees (Wales) Regulations 2001
  15. 15Amendments to the Standards Committees (Wales) Regulations 2001
  16. Signature
  17. Explanatory note

1Title and coming into force

The title of these Regulations is the Standards Committees (Wales) (Amendment) Regulations 2023 and they come into force on 9 October 2023.

2Amendments to the Standards Committees (Wales) Regulations 2001

The Standards Committees (Wales) Regulations 2001f1 are amended as follows.

3Amendments to the Standards Committees (Wales) Regulations 2001

In regulation 2 —

(a)

in the appropriate place insert ““corporate joint committee” (“cyd-bwyllgor corfforedig”) means a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021;”;

(b)

in the definition of “independent member”—

(i)

in sub-paragraph (b), after “officer” omit “or”;

(ii)

in sub-paragraph (c), after “council” insert “, or”;

(iii)

after sub paragraph (c) insert “(d) where a relevant authority is a corporate joint committee, a person who is a member, co-opted member or officer of that corporate joint committee or its constituent authorities including a constituent National Park Authority or a spouse or civil partner of that member, co-opted member or officer;”;

(c)

in the definition of “lay panel member”—

(i)

in sub-paragraph (a), after “council,” omit “or”;

(ii)

in sub-paragraph (b), after “council” omit “;” and insert “, or”;

(iii)

after sub-paragraph (b) insert—

“(c)

where the relevant authority is a corporate joint committee, is

(i)

a member of a constituent authority who is not a member of the executive of that authority, or

(ii)

a member of a constituent National Park Authority who is not an eligible member of that corporate joint committee;”;

(d)

in the definition of “relevant authority”—

(i)

in sub-paragraph (c) omit “and”;

(ii)

in sub-paragraph (d), after “authority” omit “;” and insert “, and”;

(iii)

after sub-paragraph (d) insert “(e) a corporate joint committee;”.

4Amendments to the Standards Committees (Wales) Regulations 2001

In regulation 4—

(a)

after paragraph (a) insert—

“(aa)

where the relevant authority is a corporate joint committee, members of that corporate joint committee’s constituent authorities or constituent National Park Authority but not co-opted members of that corporate joint committee other than those co-opted for membership of the standards committee of that corporate joint committee,”;

(b)

in paragraph (c), after “members” insert “except where the relevant authority is a corporate joint committee”.

5Amendments to the Standards Committees (Wales) Regulations 2001

In regulation 6—

(a)

in paragraph (1), omit “A person” and insert “Subject to (1A), a person”;

(b)

after paragraph (1) insert—

“(1A)

Where the relevant authority referred to in regulation 6(1) is a corporate joint committee, a person who has been, but is no longer a member of a corporate joint committee or a member of a constituent authority or constituent National Park Authority of that corporate joint committee, shall not be an independent member of the standards committee of that corporate joint committee.”;

(c)

in paragraph (2), after “has not been a member” insert “, save that where the relevant authority is a corporate joint committee, the person may not be an independent member of a standards committee of any constituent authority or constituent National Park Authority of that corporate joint committee”.

6Amendments to the Standards Committees (Wales) Regulations 2001

In regulation 7—

(a)

in paragraph (1)—

(i)

omit “A person” and insert “Subject to (1A), a person”;

(ii)

in the Welsh language text, after “nad yw’n” for “aelod” substitute “swyddog”;

(b)

after paragraph (1) insert—

“(1A)

Where the relevant authority referred to in regulation 7(1) is a corporate joint committee, a person who has been, but is no longer an officer of a corporate joint committee or an officer of a constituent authority or constituent National Park Authority of that corporate joint committee, shall not be an independent member of the standards committee of that corporate joint committee.”;

(c)

in paragraph (2), after “one or more relevant authorities” insert “or if the relevant authority is a corporate joint authority, an officer of its constituent authorities or constituent National Park Authority”.

7Amendments to the Standards Committees (Wales) Regulations 2001

In regulation 8, after paragraph (3) insert—

“(4)

Where a relevant authority is a corporate joint committee, the chairperson of such an authority shall not be a member of the standards committee of that corporate joint committee.”.

8Amendments to the Standards Committees (Wales) Regulations 2001

In regulation 18—

(a)

in paragraph (1)—

(i)

after “a member of that authority” insert—

“, or a member of a corporate joint committee standards committee who is a member of a constituent authority of that corporate joint committee,”;

(ii)

after “elections for that authority” insert “or constituent authority”;

(b)

in paragraph (2), after “local authority concerned” insert “, or, in the case of a corporate joint committee, a constituent authority of that corporate joint committee,”.

9Amendments to the Standards Committees (Wales) Regulations 2001

In regulation 19, after paragraph (2) insert—

“(3)

Where a relevant authority is a corporate joint committee, the term of office of a member of that authority’s standards committee who is a member of that authority’s constituent National Park Authority shall be no longer than the period until that member ceases to be a member of the constituent National Park Authority, and such a member shall cease to be a member of that standards committee if that member ceases to be a member of that National Park Authority.”.

10Amendments to the Standards Committees (Wales) Regulations 2001

In regulation 21(1), after “member of that authority,”, insert “or, where the relevant authority is a corporate joint committee, a member of a constituent authority or a constituent National Park Authority of that corporate joint committee,”.

11Amendments to the Standards Committees (Wales) Regulations 2001

In regulation 23(1), after “authorities concerned” insert “or, where the relevant authority is a corporate joint committee, is not a member of its constituent local authorities or constituent National Park Authority”.

12Amendments to the Standards Committees (Wales) Regulations 2001

In regulation 25—

(a)

in paragraph (1), after “standards committee” insert “, except a corporate joint committee standards committee,”;

(b)

in paragraph (2), after “standards committee” insert “, except a corporate joint committee standards committee,”;

(c)

after paragraph (2) insert—

“(2A)

A corporate joint committee standards committee must hold at least one meeting during every period of 12 months after that corporate joint committee standards committee has been established.”.

13Amendments to the Standards Committees (Wales) Regulations 2001

In regulation 26, insert—

“(10)

This regulation does not apply to corporate joint committees.”.

14Amendments to the Standards Committees (Wales) Regulations 2001

In regulation 27, insert—

“(5)

This regulation does not apply to corporate joint committees.”.

15Amendments to the Standards Committees (Wales) Regulations 2001

In regulation 28, insert—

“(3)

This regulation does not apply to corporate joint committees.”.

Signature

Rebecca Evans

Minister for Finance and Local Government, one of the Welsh Ministers

11 September 2023

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 Standards Committees (Wales) Regulations 2001 (“the 2001 Regulations”).

These Regulations also amend the 2001 Regulations to provide for the size, composition, and proceedings of standards committees of corporate joint committees and correct errors in the Welsh language text.

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.