The Local Authorities (Executive Arrangements) (Decisions, Documents and Meetings) and the Standards Committees (Wales) (Amendment) Regulations 2007

Welsh Statutory Instruments

2007 No. 951 (W.82)

LOCAL GOVERNMENT, WALES

The Local Authorities (Executive Arrangements) (Decisions, Documents and Meetings) and the Standards Committees (Wales) (Amendment) Regulations 2007

Made

21 March 2007

Coming into force

21 April 2007

The National Assembly for Wales, in exercise of the powers conferred on it by sections 22, 53(11) and (12), 56(5), 105 and 106 of the Local Government Act 2000(1), hereby makes the following Regulations:

Title, commencement, interpretation and application

1.—(1) The title of these Regulations is The Local Authorities (Executive Arrangements) (Decisions, Documents and Meetings) and the Standards Committees (Wales) (Amendment) Regulations 2007 and they come into force on 21 April 2007.

(2) In these Regulations “the 1972 Act” (“Deddf 1972”) means the Local Government Act 1972(2).

(3) These Regulations apply in relation to Wales.

Amendments to the Local Authorities (Executive Arrangements) (Decisions, Documents and Meetings) (Wales) Regulations 2001

2.  In regulation 10 of The Local Authorities (Executive Arrangements) (Decisions, Documents and Meetings) (Wales) Regulations 2001(3)—

(a) in paragraph (1), for “(2) and (3)”, substitute “(2) to (3)”; and

(b) for paragraph (2), substitute —

“(2) Paragraph (1) does not require a document to be available for inspection if it appears to the proper officer that it discloses exempt information of a description falling within Part 4 of Schedule 12A to the 1972 Act (Descriptions of Exempt Information: Wales).

(2A) Paragraph (1) does require (notwithstanding paragraph (2)) the document to be available for inspection if the information is information of a description for the time being falling within—

(a) paragraph 14 of Schedule 12A to the 1972 Act (except to the extent that the information relates to any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract); or

(b) paragraph 17 of Schedule 12A to the 1972 Act.”.

Amendments to the Standards Committees (Wales) Regulations 2001

3.  In regulation 26 of the Standards Committee (Wales) Regulations 2001(4)—

(a) In paragraph (1)(i) after “Schedule 12A” insert “, Part 4 to 6”;

(b) In paragraph (9) for “Paragraph (2) of Part III” substitute “Paragraph 22(2) of Part 6”.

Application of Schedule 12A of the 1972 Act to Standards Committees

4.  Where a meeting of a standards committee, or a sub-committee of a standards committee, is convened to consider a matter referred under the provisions of section 70(4) or (5) or 71(2) of the Local Government Act 2000, the provisions of Part 4 to 6 of Schedule 12A to the 1972 Act will apply as if, after paragraph 18 of that Schedule, the following descriptions of exempt information were inserted

“(18A) Information which is subject to any obligations of confidentiality.

(18B) Information which relates in anyway to matters concerning national security.

(18C) The deliberations of a standards committee or of a sub-committee of a standards committee established under the provisions of Part 3 of the Local Government Act 2000 in reaching any finding on a matter referred to it.”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(5)

D. Elis-Thomas

The Presiding Officer of the National Assembly

21 March 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply in relation to principal councils in Wales.

The Local Government (Access to Information) (Variation) (Wales) Order 2007 amends Schedule 12A to the Local Government Act 1972 and, in doing so, alters the paragraph numbers in Schedule 12A. The references to Schedule 12A in regulation 10 of the Local Authorities (Executive Arrangements) (Decisions, Documents and Meetings) (Wales) Regulations 2001 are amended by regulation 2 of these Regulations.

Regulation 26 of the Standards Committees (Wales) Regulations 2001 also makes reference to Schedule 12A and those references are amended by regulation 3 of these Regulations.

Regulation 4 makes provision so that, where a standards committee is meeting to deal with an allegation of a breach of a code of conduct, the application of Schedule 12A is modified.

(1)

2000 c. 22.

(2)

1972 c. 70.

(3)

S.I. 2001/2290.

(4)

S.I. 2001/2283.

(5)

1998 c. 38.