The Corporate Joint Committees (General) (Wales) Regulations 2022

PART 9Miscellaneous and consequential amendments

Miscellaneous amendments to the establishment Regulations

The Mid Wales Corporate Joint Committee Regulations 2021

40.—(1) The Mid Wales Corporate Joint Committee Regulations 2021(1) are amended as follows.

(2) In regulation 1(3)(d) (commencement of certain provisions) omit “11,”.

(3) In regulation 2 (interpretation)—

(a)in the definition of “the Brecon Beacons member”, for “regulation 8” substitute “regulation 8(1)”;

(b)omit the definition of “National Park Authority”;

(c)in the appropriate places insert—

““substitute member” (“aelod dirprwyol”) means a person appointed under regulation 7(2) or 8(3)”;

““the Brecon Beacons National Park Authority” (“Awdurdod Parc Cenedlaethol Bannau Brycheiniog”) means the authority established for that National Park by the National Park Authorities (Wales) Order 1995 (S.I. 1995/2803)”.

(4) In regulation 8(2B)(a), after “agree” insert “unanimously”.

(5) In regulation 9(2)(b), after “members” insert “entitled to vote on the decision”.

(6) After regulation 9 insert—

“Disqualification for being a co-opted member

9A.—(1) A person is disqualified for being co-opted as a member of the Mid Wales CJC if the person—

(a)holds a paid office or employment, appointment or election to which is or may be made or confirmed by—

(i)the Mid Wales CJC;

(ii)a sub-committee of the Mid Wales CJC;

(iii)a holder of a paid office or employment of the kind described in paragraph (i) or (ii), or

(b)is disqualified under section 80B of the Local Government Act 1972 for being a member of—

(i)a constituent council;

(ii)the Brecon Beacons National Park Authority.

(2) Paragraph (1) does not apply to a person who is disqualified for being a member of a corporate joint committee under section 1 of the Local Government and Housing Act 1989 (disqualification by virtue of holding politically restricted post).”

(7) In paragraph 5(a) of the Schedule, for paragraph (i) substitute—

“(i)regulation 8(2B);

(ia)regulation 17, or”.

(8) After paragraph 7(3) of the Schedule, insert—

“(3A) A procedure adopted under this paragraph may include provision for a council member or the Brecon Beacons member of the Mid Wales CJC to vote by proxy.”

The South East Wales Corporate Joint Committee Regulations 2021

41.—(1) The South East Wales Corporate Joint Committee Regulations 2021(2) are amended as follows.

(2) In regulation 2 (interpretation)—

(a)in the definition of “the Brecon Beacons member”, for “regulation 8” substitute “regulation 8(1)”;

(b)omit the definition of “National Park Authority”;

(c)in the appropriate places insert—

““substitute member” (“aelod dirprwyol”) means a person appointed under regulation 7(2) or 8(3)”;

““the Brecon Beacons National Park Authority” (“Awdurdod Parc Cenedlaethol Bannau Brycheiniog”) means the authority established for that National Park by the National Park Authorities (Wales) Order 1995 (S.I. 1995/2803)”.

(3) In regulation 8(2B)(a), after “agree” insert “unanimously”.

(4) In regulation 9(2)(b), after “members” insert “entitled to vote on the decision”.

(5) After regulation 9 insert—

“Disqualification for being a co-opted member

9A.—(1) A person is disqualified for being co-opted as a member of the South East Wales CJC if the person—

(a)holds a paid office or employment, appointment or election to which is or may be made or confirmed by—

(i)the South East Wales CJC;

(ii)a sub-committee of the South East Wales CJC;

(iii)a holder of a paid office or employment of the kind described in paragraph (i) or (ii), or

(b)is disqualified under section 80B of the Local Government Act 1972 for being a member of—

(i)a constituent council;

(ii)the Brecon Beacons National Park Authority.

(2) Paragraph (1) does not apply to a person who is disqualified for being a member of a corporate joint committee under section 1 of the Local Government and Housing Act 1989 (disqualification by virtue of holding politically restricted post).”

(6) In paragraph 5(a) of the Schedule, for paragraph (i) substitute—

“(i)regulation 8(2B);

(ia)regulation 17, or”.

(7) After paragraph 7(3) of the Schedule, insert—

“(3A) A procedure adopted under this paragraph may include provision for a council member or the Brecon Beacons member of the South East Wales CJC to vote by proxy.”

The North Wales Corporate Joint Committee Regulations 2021

42.—(1) The North Wales Corporate Joint Committee Regulations 2021(3) are amended as follows.

(2) In regulation 1(3)(d) (commencement of certain provisions) omit “11,”.

(3) In regulation 2 (interpretation)—

(a)omit the definition of “National Park Authority”;

(b)in the definition of “the Snowdonia member” for “regulation 8” substitute “regulation 8(1)”;

(c)in the appropriate places insert—

““the Snowdonia National Park Authority” (“Awdurdod Parc Cenedlaethol Eryri”) means the authority established for that National Park by the National Park Authorities (Wales) Order 1995 (S.I. 1995/2803)”;

““substitute member” (“aelod dirprwyol”) means a person appointed under regulation 7(2) or 8(3)”.

(4) In regulation 8(2B)(a), after “agree” insert “unanimously”.

(5) In regulation 9(2)(b), after “members” insert “entitled to vote on the decision”.

(6) After regulation 9 insert—

“Disqualification for being a co-opted member

9A.—(1) A person is disqualified for being co-opted as a member of the North Wales CJC if the person—

(a)holds a paid office or employment, appointment or election to which is or may be made or confirmed by—

(i)the North Wales CJC;

(ii)a sub-committee of the North Wales CJC;

(iii)a holder of a paid office or employment of the kind described in paragraph (i) or (ii), or

(b)is disqualified under section 80B of the Local Government Act 1972 for being a member of—

(i)a constituent council;

(ii)the Snowdonia National Park Authority.

(2) Paragraph (1) does not apply to a person who is disqualified for being a member of a corporate joint committee under section 1 of the Local Government and Housing Act 1989 (disqualification by virtue of holding politically restricted post).”

(7) In paragraph 5(a) of the Schedule, for paragraph (i) substitute—

“(i)regulation 8(2B);

(ia)regulation 17, or”.

(8) After paragraph 7(3) of the Schedule, insert—

“(3A) A procedure adopted under this paragraph may include provision for a council member or the Snowdonia member of the North Wales CJC to vote by proxy.”

The South West Wales Corporate Joint Committee Regulations 2021

43.—(1) The South West Wales Corporate Joint Committee Regulations 2021(4) are amended as follows.

(2) In regulation 1(3)(d) (commencement of certain provisions) omit “11,”.

(3) In regulation 2 (interpretation)—

(a)in the definition of “the Brecon Beacons member”, for “regulation 8(1)(1)” substitute “regulation 8(1)”;

(b)omit the definition of “National Park Authority”;

(c)in the appropriate places insert—

““the Brecon Beacons National Park Authority” (“Awdurdod Parc Cenedlaethol Bannau Brycheiniog”) means the authority established for that National Park by the National Park Authorities (Wales) Order 1995 (S.I. 1995/2803)”;

““the Pembrokeshire Coast National Park Authority” (“Awdurdod Parc Cenedlaethol Arfordir Penfro”) means the authority established for that National Park by the National Park Authorities (Wales) Order 1995 (S.I. 1995/2803)”;

““substitute member” (“aelod dirprwyol”) means a person appointed under regulation 7(2) or 8(4).”

(4) In regulation 8(3B)(a), after “agree” insert “unanimously”.

(5) In regulation 9(2)(b), after “members” insert “entitled to vote on the decision”.

(6) After regulation 9 insert—

“Disqualification for being a co-opted member

9A.—(1) A person is disqualified for being co-opted as a member of the South West Wales CJC if the person—

(a)holds a paid office or employment, appointment or election to which is or may be made or confirmed by—

(i)the South West Wales CJC;

(ii)a sub-committee of the South West Wales CJC;

(iii)a holder of a paid office or employment of the kind described in paragraph (i) or (ii), or

(b)is disqualified under section 80B of the Local Government Act 1972 for being a member of—

(i)a constituent council;

(ii)the Brecon Beacons National Park Authority;

(iii)the Pembrokeshire Coast National Park Authority.

(2) Paragraph (1) does not apply to a person who is disqualified for being a member of a corporate joint committee under section 1 of the Local Government and Housing Act 1989 (disqualification by virtue of holding politically restricted post).”

(7) In paragraph 5(a) of the Schedule, for paragraph (i) substitute—

“(i)regulation 8(3B);

(ia)regulation 17, or”.

(8) After paragraph 7(3) of the Schedule, insert—

“(3A) A procedure adopted under this paragraph may include provision for a council member, the Brecon Beacons member or the Pembrokeshire Coast member of the South West Wales CJC to vote by proxy.”

Miscellaneous provisions in other enactments

Duty to prepare and publish a constitution etc.

44.  After section 37(4) of the 2000 Act (local authority constitution) insert—

“(5) This section applies to a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 as it applies to a local authority which are operating executive arrangements and in that application—

(a)references to a “local authority” or “authority” are to be read as references to a corporate joint committee;

(b)subsection (2) is to be treated as if it were omitted;

(c)the references in subsection (4) to “members and co-opted members” are to be read as references to members of a corporate joint committee.”

Research and the collection of information

45.  For section 141(3) of the 1972 Act (research and collection of information) substitute—

“(3) This section has effect—

(a)in relation to a principal council in Wales—

(i)as if any reference to a council were a reference to the principal council, and

(ii)as if any reference to a county were a reference to the principal area;

(b)in relation to a corporate joint committee—

(i)as if any reference to a council were a reference to the corporate joint committee,

(ii)as if any reference to a county were a reference to the area specified as the corporate joint committee’s area in regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 establishing the corporate joint committee, and

(iii)as if any reference to any other local authority in the county were a reference to any local authority in the corporate joint committee’s area.”

Restrictions on disclosing information under health and safety legislation

46.  In section 28(6) of the Health and Safety at Work etc. Act 1974(5) (restrictions on disclosure of information), after “include” insert “a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021,”.

Publication of information in accordance with code of practice issued under section 2 of the 1980 Act

47.  In section 2(1) of the 1980 Act (duty of authorities to publish information), after paragraph (ha) insert—

“(hb)a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;”.

Land held by a corporate joint committee

48.  In the 1980 Act—

(a)in section 99(4) (directions to dispose of land), after paragraph (aa) insert—

“(ab)a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;”

(b)in Schedule 16 (bodies to whom Part 10 applies), after paragraph 1A insert—

“1B.  A corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.”

Right to family absence

49.  In section 33 of the Local Government (Wales) Measure 2011(6) (interpretation of Part 2), in the appropriate place insert—

““local authority” (“awdurdod lleol”) includes a corporate joint committee;”.

Paid office or employment to which disqualification for being a member applies

50.  In section 80C(1) of the 1972 Act (paid office or employment to which disqualification applies)—

(a)at the end of paragraph (c) omit “or”;

(b)after paragraph (c) insert—

“(ca)a corporate joint committee established in relation to the area of the local authority; or”;

(c)in paragraph (d) for “or (c)” substitute “,(c) or (ca)”.