Name, commencement, application and interpretation

1.—(1) The name of these Regulations is the Commission for Local Administration in Wales and Local Commissioner in Wales (Functions and Expenses) Regulations 2001 and they shall come into force on 28th July 2001.

(2) These Regulations apply in Wales only.

(3) In these Regulations —

“the 1974 Act” means the Local Government Act 1974(2);

“the 2000 Act” means the Local Government Act 2000;

(4) Unless the contrary intention appears, expressions used in these Regulations shall have the meaning given to them in the 1974 Act or the 2000 Act (as the case may be).

Application of provisions of Part III of the 1974 Act to the Functions of a Local Commissioner in Wales under Part III of the 2000 Act

2.  For the purposes of section 23(11) of the 1974 Act the functions of a Local Commissioner in Wales under Part III of the 1974 Act shall include the Commissioner’s functions under Part III of the 2000 Act.

Application of provisions of Part III of the 1974 Act to the Functions of the Commission for Local Administration in Wales under Part III of the 2000 Act

3.  For the purposes of sections 23(12), (12A), (12B) and (13) and 23A of and Schedule 4 to the 1974 Act the functions of the Commission for Local Administration in Wales shall include its functions under Part III of the 2000 Act.

Expenses of the Commission for Local Administration in Wales or a Local Commissioner in Wales under Part III of the 1974 Act to include expenses under Part III of the 2000 Act

4.  For the purposes of paragraph 6 of Schedule 4 of the 1974 Act expenses of the Commission for Local Administration in Wales under Part III of the 1974 Act shall include expenses of the Commission, or a Local Commissioner in Wales, under Part III of the 2000 Act.

Explanatory Note

(This note is not part of the Regulation)

The National Assembly for Wales may, under section 68(3) of the Local Government Act 2000 (the 2000 Act), make regulations with respect to the treatment of functions of a Local Commissioner in Wales and the Commission for Local Administration in Wales under Part III of the Local Government Act 1974 (the 1974 Act) as including specified functions under Part III of the 2000 Act. The regulations may also provide for the expenses of the Commission under the 1974 Act to include the expenses of a Local Commissioner in Wales under Part III of the 2000 Act.

In these regulations, which are made under section 68(3), regulation 2 applies section 23(11) (requirement on a Local Commissioner to produce an annual report on the discharge of functions) of the 1974 Act to the functions of a Local Commissioner under Part III of the 2000 Act.

Regulation 3 applies sections 23(12) (requirement on the Commission to undertake a tri-annual review of the operation of Part III), (12A) (discretion for the Commission to provide advice and guidance relating to Part III), (12B) (persons to be consulted with regard to section 23(12A) guidance), (13) (application of Schedule 4 to the Commission), section 23A (Annual reports from the Commission) and Schedule 4 (the Commissions) to the functions of the Commission under Part III of the 2000 Act.

Regulation 4 applies paragraph 6 of Schedule 4 to the 1974 Act so that the expenses of the Commission under that Act shall include the expenses of the Commission or a Commissioner under Part III of the 2000 Act.