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PART 6Legal proceedings, liability and validity of acts

Power to prosecute or defend legal proceedings

20.  In section 222 of the 1972 Act (power of local authorities to prosecute or defend legal proceedings)—

(a)in subsection (2), after “Common Council” insert “, a corporate joint committee”;

(b)after that subsection insert—

(3) In the application of subsection (1) to a corporate joint committee, the reference to the corporate joint committee’s area is to be read as 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.

Appearance in proceedings before a magistrates’ court

21.  In section 223(2) of the 1972 Act (appearance of local authorities in legal proceedings), after “Common Council” insert “, a corporate joint committee”.

Protection from personal liability

22.—(1) Nothing done by a corporate joint committee and no contract entered into by a corporate joint committee may subject—

(a)the corporate joint committee;

(b)a person described in paragraph (4),

personally to any action, liability, claim or demand, if the thing was done, or the contract entered into, in good faith for the purposes of executing any provision in any enactment.

(2) In relation to a corporate joint committee, nothing done by a person described in paragraph (4) may subject—

(a)any other person described in paragraph (4);

(b)the corporate joint committee,

personally to any action, liability, claim or demand, if the thing was done in good faith for the purposes of executing any provision in any enactment.

(3) Any expense incurred by a person mentioned in paragraph (1) or (2) acting as mentioned in that paragraph is to be borne and repaid out of the fund applicable by the corporate joint committee to the execution of the provision in question.

(4) The persons described in this paragraph are—

(a)a member of the corporate joint committee;

(b)a member of a sub-committee of the corporate joint committee;

(c)a member of staff of the corporate joint committee;

(d)a person acting under the direction of the corporate joint committee.

Validity of acts done by disqualified persons

23.  The acts of any person acting as a member of a corporate joint committee shall, notwithstanding the disqualification of that person, be as valid and effectual as if that person were not disqualified.

Indemnities for members and staff

24.  In article 2 of the Local Authorities (Indemnities for Members and Officers) (Wales) Order 2006(1) (interpretation), in the definition of “relevant authority”, after “community council,” insert “a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021,”.