The Local Authorities (Amendments Relating to Publication of Information) (Wales) Regulations 2022

Prospective

Welsh Statutory Instruments

2022 No. 412 (W. 101)

Local Government, Wales

The Local Authorities (Amendments Relating to Publication of Information) (Wales) Regulations 2022

Made

30 March 2022

Coming into force

5 May 2022

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by section 50(3)(a) and (4) of the Local Government and Elections (Wales) Act 2021(1) and section 22(6) and (7) of the Local Government Act 2000(2).

A draft of this instrument has been laid before, and approved by a resolution of, Senedd Cymru in accordance with section 174(4) and (5)(f) of the Local Government and Elections (Wales) Act 2021(3).

Prospective

Valid from 05/05/2022

Title and commencement E+W

1.  The title of these Regulations is the Local Authorities (Amendments Relating to Publication of Information) (Wales) Regulations 2022 and they come into force on 5 May 2022.

Commencement Information

I1 Reg. 1 in force at 5.5.2022, see reg. 1

Valid from 05/05/2022

Amendment to the Local Government Act 1972 E+W

2.  In section 100G of the Local Government Act 1972(4) (additional information published by principal councils), after subsection (4) insert—

“(5) But, in relation to a principal council in Wales, the information open to inspection under subsection (4) must not include a member’s address included in the register maintained under subsection (1).”

Commencement Information

I2 Reg. 2 in force at 5.5.2022, see reg. 1

Valid from 05/05/2022

Amendment to the Local Authorities (Executive Arrangements) (Decisions, Documents and Meetings) (Wales) Regulations 2001 E+W

3.  In regulation 12 of the Local Authorities (Executive Arrangements) (Decisions, Documents and Meetings) (Wales) Regulations 2001(5) (additional information published by local authorities), after paragraph (3) insert—

“(4) But, the information open to inspection under paragraph (3) must not include a member’s address included in the register maintained under paragraph (1).”

Commencement Information

I3 Reg. 3 in force at 5.5.2022, see reg. 1

Rebecca Evans

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

30 March 2022

Prospective

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in relation to Wales, amend the Local Government Act 1972 (“the 1972 Act”) and the Local Authorities (Executive Arrangements) (Decisions, Documents and Meetings) (Wales) Regulations 2001 (“the 2001 Regulations”).

Section 100G(1) of the 1972 Act requires a principal council (in Wales, these include county and county borough councils, fire and rescue authorities, National Park authorities and joint boards or joint committees which fall within section 100J(2) of the 1972 Act and which discharge functions of two or more principal councils in Wales) to maintain a register stating, amongst other things, the name and address of every member of the council, including members of committees and sub-committees. Section 100G(4) of the 1972 Act requires that register to be open to inspection by the public at the offices of the council.

Regulation 12(1) of the 2001 Regulations also requires a Welsh local authority (county and county borough councils operating executive arrangements) to maintain a register stating, amongst other things, the name and address of every member of the executive, and every member of each committee of the executive of that authority. Regulation 12(3) requires that register to be open to inspection by the public at the principal office of the authority.

These Regulations amend the 1972 Act and the 2001 Regulations to provide that the addresses of members included in the registers must not be open to inspection by the public at the offices of principal councils or the principal offices of local authorities.

The Welsh Ministers’ Code of Practice on the carrying out of regulatory impact assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

(1)

2021 asc 1.

(2)

2000 c. 22; section 22(6) was amended by the Localism Act 2011 (c. 20), Schedule 3, paragraph 28(2).

(3)

See also section 40 of the Legislation (Wales) Act 2019 (anaw 4) for provision about the procedure that applies to this instrument.

(4)

1972 c. 70. Section 100G was inserted by section 1(1) of the Local Government (Access to Information) Act 1985 (c. 43).

(5)

S.I. 2001/2290 (W. 178), to which there are amendments not relevant to these Regulations.