The Corporate Joint Committees (General) (Wales) Regulations 2021

Regulation 3

SCHEDULE 1 E+W Standards of conduct

Application of relevant authority’s code of conduct to members and [F1 sub-committee members] E+W

1.—(1) Sub-paragraph (2) applies to a person who—

(a) is—

(i) a member, or

(ii) [F2 a member of a sub-committee],

of a corporate joint committee, and

(b) is—

(i) a member, or

(ii) a co-opted member,

of a relevant authority.

(2) For the purposes of the code of conduct of the relevant authority, a person to whom this paragraph applies is to be treated as though they had been appointed by the relevant authority to serve on the corporate joint committee.

(3) Where, by virtue of sub-paragraph (2), a person to whom that sub-paragraph applies is required, in so far as they are acting for the corporate joint committee, to comply with the model code of conduct (“the code”), sub-paragraphs (4) and (5) apply.

(4) References to a person’s “authority” in Part 3 of the code are to be read as references to the corporate joint committee for which the person is acting.

(5) A person must register any personal interests they have in the business of the corporate joint committee in their relevant authority’s register of member’s interests by providing written notification to the authority’s monitoring officer.

Textual Amendments

F1 Words in Sch. 1 para. 1 heading substituted (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 43(4)(a)

F2 Words in Sch. 1 para. 1(1)(a)(ii) substituted (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 43(4)(b)

Commencement Information

I1 Sch. 1 para. 1 in force at 1.4.2021, see reg. 1(2)

Application of authority code of conduct to employees E+W

2.—(1) Sub-paragraph (2) applies unless—

(a) express provision is made to the contrary, or

(b) the context requires otherwise.

(2) The Code of Conduct (Qualifying Local Government Employees) (Wales) Order 2001(1)(“the 2001 Order”) applies to an employee of a corporate joint committee as it applies to an employee of a relevant authority.

(3) In the 2001 Order, as it applies by virtue of sub-paragraph (2), a reference to an employee’s authority is to be read as reference to an employee’s corporate joint committee.

Commencement Information

I2 Sch. 1 para. 2 in force at 1.4.2021, see reg. 1(2)

Interpretation of Schedule 1 E+W

3.  In this Schedule—

(a) references to “the 2000 Act” are to the Local Government Act 2000(2);

(b) references to the “model code of conduct” are to the model code of conduct set out in the Schedule to the Local Authorities (Model Code of Conduct) (Wales) Order 2008(3);

(c) “code of conduct” means the code of conduct adopted by a relevant authority under section 51 of the 2000 Act;

(d) “co-opted member” has the meaning given by section 49 of the 2000 Act;

(e) “relevant authority” has the meaning given by section 49 of the 2000 Act.

Commencement Information

I3 Sch. 1 para. 3 in force at 1.4.2021, see reg. 1(2)

Regulation 4

SCHEDULE 2 E+W Finance and accounts

Amendment of the Local Government Act 2003 E+W

1.  In section 23 of the Local Government Act 2003(4) (meaning of “local authority”), after subsection (10) insert—

“(11) This Part applies in relation to a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 as it applies in relation to a local authority.”

Commencement Information

I4 Sch. 2 para. 1 in force at 1.4.2021, see reg. 1(2)

Amendment of the Local Authorities (Capital Finance and Accounting) (Wales) Regulations 2003 E+W

2.  In regulation 1(4) of the Local Authorities (Capital Finance and Accounting) (Wales) Regulations 2003(5) (interpretation), in the definition of “local authority”, after “Regulations” insert “and includes a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 in so far as Part 1 of the Local Government Act 2003 applies to corporate joint committees by virtue of section 23(11) of the 2003 Act”.

Commencement Information

I5 Sch. 2 para. 2 in force at 1.4.2021, see reg. 1(2)

Regulation 5

SCHEDULE 3 E+W General amendments

Amendment of the Local Authorities (Goods and Services) Act 1970 E+W

1.  In section 1(4) of the Local Authorities (Goods and Services) Act 1970(6) (supply of goods and services by local authorities), in the definition of “local authority”, after “any joint authority established by Part VI of the Local Government Act 1985,” insert “any corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021,”.

Commencement Information

I6 Sch. 3 para. 1 in force at 1.4.2021, see reg. 1(2)

Amendment of the Equality Act 2010 E+W

2.  In section 59(2) of the Equality Act 2010(7), after paragraph (j) insert—

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

Commencement Information

I7 Sch. 3 para. 2 in force at 1.4.2021, see reg. 1(2)

Amendment of the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 E+W

3.  In paragraph 1(4) of Schedule 20 to the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017(8), after paragraph (d) insert—

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

Commencement Information

I8 Sch. 3 para. 3 in force at 1.4.2021, see reg. 1(2)

(1)

S.I. 2001/2280 (W. 170).

(2)

2000 c 22

(3)

S.I. 2008/788 (W. 82).

(4)

2003 c. 26. Section 23 was amended by the Fire and Rescue Services Act 2004 (c. 21), Schedule 1, paragraph 100; the Civil Contingencies Act 2004 (c. 36), Schedule 2, paragraph 10(3)(e), the Local Democracy, Economic Development and Construction Act 2009 (c. 20), Schedule 6, paragraph 117(2); the Police Reform and Social Responsibility Act 2011 (c. 13), Schedule 16, paragraph 317; the Deregulation Act 2015 (c. 20), Schedule 13, paragraph 6(32)(a); the Cities and Local Government Devolution Act 2016 (c. 1), sections 9(4) and 25(2); the Policing and Crime Act 2017 (c. 3), Schedule 1, paragraph 83(2); and by S.I. 2005/886.

(5)

S.I. 2003/3239 (W. 319). Regulation 1 was amended by S.I. 2004/1010 (W. 107), S.I 2006/944 (W. 93), S.I. 2018/325 (W. 61) and S.I. 2019/736 (W. 139).

(6)

1970 c. 39.

(7)

2010 c. 15.

(8)

2017 anaw 1.