Chwilio Deddfwriaeth

Chwiliad Uwch

The South West Wales Corporate Joint Committee Regulations 2021

Changes over time for: The South West Wales Corporate Joint Committee Regulations 2021 (Schedules only)

Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The South West Wales Corporate Joint Committee Regulations 2021. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Regulation 5

SCHEDULEE+WConstitution

PART 1E+WProcedure, meetings and voting

Chairing meetingsE+W

1.  Meetings of the South West Wales CJC must be chaired by—

(a)the chairperson appointed under paragraph 2, or

(b)if the chairperson is absent, the vice-chairperson appointed under that paragraph.

Commencement Information

I1Sch. para. 1 in force at 1.4.2021, see reg. 1(2)

Appointment of chairperson and vice-chairpersonE+W

2.—(1) At the first meeting of the South West Wales CJC—

(a)the appointment of a chairperson and vice-chairperson is to be the first business transacted, and

(b)the council member for Carmarthenshire county council must chair the meeting until the chairperson is appointed (and the chairperson is to chair the remainder of the meeting).

(2) At each annual general meeting of the South West Wales CJC—

(a)the continuing appointment of the chairperson and vice-chairperson must be confirmed, or

(b)a new chairperson, vice-chairperson or both must be appointed.

(3) The chairperson and vice-chairperson must be appointed from among the council members.

(4) The chairperson and vice-chairperson must be appointed, or confirmed by—

(a)the council members, and

(b)any [F1other members] entitled to vote on the matter.

(5) A person appointed as chairperson or vice-chairperson may at any time resign that office by notice in writing given to the other members.

(6) If a vacancy arises in the office of chairperson or vice chairperson, an appointment to fill the vacancy must be made at the first meeting of the South West Wales CJC held after the vacancy has arisen.

(7) If the office of chairperson is vacant, the vice-chairperson may carry out the functions of chairperson until the vacancy is filled.

(8) Despite paragraph 1, where the offices of both chairperson and vice-chairperson are simultaneously vacant, the meeting referred to in sub-paragraph (6) must be chaired, until one of the vacancies is filled, by the council member for Carmarthenshire county council.

Textual Amendments

Commencement Information

I2Sch. para. 2 in force at 1.4.2021, see reg. 1(2)

Annual general meetingsE+W

3.  The South West Wales CJC must hold an annual general meeting in each financial year on a date determined by the CJC.

Commencement Information

I3Sch. para. 3 in force at 1.4.2021, see reg. 1(2)

Other meetingsE+W

4.—(1) The South West Wales CJC may hold other meetings on dates specified in the standing orders.

(2) An extraordinary meeting of the South West Wales CJC may be called at any time by any person entitled to vote on a matter to be decided at that meeting.

Commencement Information

I4Sch. para. 4 in force at 1.4.2021, see reg. 1(2)

QuorumE+W

5.  No business is to be transacted in relation to a matter to be decided at a meeting of the South West Wales CJC unless—

(a)in the case of a matter to be decided under—

[F2(i)regulation 8(3B);

(ia)regulation 17, or]

(ii)paragraph 7 of this Schedule,

all of the persons entitled to vote on the decision are present, and

(b)in any other case, no fewer than 70% of the persons entitled to vote are present.

Textual Amendments

Commencement Information

I5Sch. para. 5 in force at 1.4.2021, see reg. 1(2)

Voting procedureE+W

6.—(1) Subject to sub-paragraphs (2) and (3) of this paragraph and paragraph 7 of this Schedule, in relation to any matter to be decided at a meeting of the South West Wales CJC—

[F3(a)the number of co-opted members entitled to vote may not exceed the number of other members entitled to vote.]

(b)each person entitled to vote has one vote,

(c)the matter, is to be decided by simple majority, and

(d)if a vote is tied the matter is not carried.

(2) In the case of a matter to be decided under—

(a)regulation 17, or

(b)paragraph 7 of this Schedule,

sub-paragraph (1)(c) and (d) does not apply.

(3) Where the matter to be decided relates to strategic planning functions, sub-paragraph (1)(d) does not apply and the chairperson (or if presiding, the vice-chairperson) has the casting vote.

Textual Amendments

Commencement Information

I6Sch. para. 6 in force at 1.4.2021, see reg. 1(2)

Adoption of alternative voting procedureE+W

7.—(1) Subject to the requirements of this paragraph, the South West Wales CJC may adopt an alternative voting procedure in relation to any matter to be decided by it.

(2) But the South West Wales CJC may not adopt an alternative procedure in relation to any matter to be decided under—

(a)regulation 17, or

(b)this paragraph.

(3) A procedure adopted under this paragraph—

(a)must specify which of the matters to be decided by the South West Wales CJC it applies to;

(b)may not modify the effect of paragraph 6(3).

[F4(3A) A procedure adopted under this paragraph may include provision for a council member, the Brecon Beacons member or the Pembrokeshire Coast member of the South West Wales CJC to vote by proxy.]

[F5(4) A procedure adopted under this paragraph must be adopted by the unanimous agreement of the members who are entitled to vote on adopting the procedure.]

(5) Any alternative voting procedure adopted under this paragraph must be set out in the standing orders.

Textual Amendments

Commencement Information

I7Sch. para. 7 in force at 1.4.2021, see reg. 1(2)

Standing OrdersE+W

8.—(1) The South West Wales CJC must make standing orders for the regulation of its proceedings and business so far as not regulated by these Regulations or any other enactment.

(2) The standing orders may be varied or may be revoked and replaced.

Commencement Information

I8Sch. para. 8 in force at 1.4.2021, see reg. 1(2)

PART 2E+WStaff

GeneralE+W

9.—[F6(1)] The South West Wales CJC may make such arrangements for staffing as it considers appropriate subject to—

(a)the provisions of this Part of this Schedule, and

(b)paragraph 2 of Schedule 1 to the Corporate Joint Committees (General) (Wales) Regulations 2021(1).

[F7(2) The South West Wales CJC must ensure that arrangements made under sub-paragraph (1) are such as are necessary for the proper discharge by the South West Wales CJC of its functions.]

Textual Amendments

Commencement Information

I9Sch. para. 9 in force at 1.4.2021, see reg. 1(2)

Terms and conditionsE+W

10.—(1) Where the South West Wales CJC appoints staff under paragraph 9, they are to be appointed on terms and conditions (including terms and conditions as to remuneration) substantially similar to those of officers within a constituent council undertaking responsibilities which the South West Wales CJC considers to be reasonably comparable.

[F8(2) But sub-paragraph (1)—

(a)is subject to section 41 of the Localism Act 2011, and

(b)does not prevent the South West Wales CJC from modifying the terms and conditions of staff it appoints if required by virtue of any other enactment or rule of law.]

Textual Amendments

Commencement Information

I10Sch. para. 10 in force at 1.4.2021, see reg. 1(2)

Staff from other authoritiesE+W

11.—(1) A devolved Welsh authority (within the meaning given by the Government of Wales Act 2006(2)) may enter into an agreement with the South West Wales CJC for the placing of staff of the authority at the disposal of the South West Wales CJC for the purposes of exercising its functions, on such terms as may be provided by the agreement.

(2) Where a member of staff of a devolved Welsh authority is placed at the disposal of the South West Wales CJC by virtue of an agreement under sub-paragraph (1), the member of staff is to be treated as a member of staff of the South West Wales CJC for the purposes of—

(a)these Regulations;

(b)paragraph 2 of Schedule 1 to the Corporate Joint Committees (General) (Wales) Regulations 2021;

(c)any other enactment relating to the administration of the South West Wales CJC or the exercise of its functions.

[F9(3) But, subject to any contrary provision in any other enactment, for superannuation purposes service rendered by a member of staff of a devolved Welsh authority placed at the disposal of the South West Wales CJC by virtue of such an agreement is service rendered to the authority.]

Textual Amendments

Commencement Information

I11Sch. para. 11 in force at 1.4.2021, see reg. 1(2)

Placing staff at the disposal of other authoritiesE+W

12.—(1) The South West Wales CJC may enter into an agreement with–

(a)another corporate joint committee (within the meaning given by Part 5 of the Local Government and Elections (Wales) Act 2021);

(b)another devolved Welsh authority (within the meaning given by the Government of Wales Act 2006),

for the placing of staff of the South West Wales CJC at the disposal of the other committee or the authority for the purposes of that committee or authority’s functions, on such terms as may be provided by the agreement.

(2) Where a member of staff of the South West Wales CJC is placed at the disposal of another body by virtue of an agreement under sub-paragraph (1)—

(a)for superannuation purposes, service rendered by the member of staff is service rendered to the South West Wales CJC, and

(b)for the purposes of any enactment relating to the administration of the other devolved Welsh authority or the exercise of its functions, the member of staff is to be treated as a member of staff of that authority.

Commencement Information

I12Sch. para. 12 in force at 1.4.2021, see reg. 1(2)

Consultation with staff about agreements under paragraph 11 or 12E+W

13.  No agreement may be entered into under paragraph 11(1) or 12(1) unless every member of staff to whom it relates has been consulted.

Commencement Information

I13Sch. para. 13 in force at 1.4.2021, see reg. 1(2)

Transfer of staffE+W

14.  Where a member of staff appointed by the South West Wales CJC has been transferred to the CJC from a constituent council, the provisions of the Transfer of Undertaking (Protection of Employment) Regulations 2006(3) other than regulations 4(6) and 10 apply to the transfer, whether or not it is a relevant transfer for the purposes of those regulations.

Commencement Information

I14Sch. para. 14 in force at 1.4.2021, see reg. 1(2)

PART 3E+WSub-committees

Sub-committeesE+W

F1015.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Governance and Audit Sub-CommitteeE+W

16.—(1) The South West Wales CJC must establish a sub-committee (known as the governance and audit sub-committee) to—

(a)review and scrutinise the South West Wales CJC’s financial affairs;

(b)make reports and recommendations in relation to the South West Wales CJC’s financial affairs;

(c)review and assess the risk management, internal control [F11, performance management] and corporate governance arrangements of the South West Wales CJC;

(d)make reports and recommendations to the South West Wales CJC on the adequacy and effectiveness of those arrangements;

[F12(da)review and assess the South West Wales CJC’s ability to handle complaints effectively;

(db)make reports and recommendations in relation to the ability of the South West Wales CJC to handle complaints effectively;]

(e)oversee the South West Wales CJC’s internal and external audit arrangements;

(f)review any financial statements prepared by the South West Wales CJC;

(g)exercise such other functions as the South West Wales CJC may specify.

[F13(1A) See Chapter 1 of Part 6 of the Local Government and Elections (Wales) Act 2021 (performance and governance of principal councils), as applied by section 115A of and Schedule 10A to that Act, for further functions of the governance and audit sub-committee.]

(2) When appointing members of the governance and audit sub-committee, the South West Wales CJC must ensure that—

(a)[F14one third of the members of the sub-committee are not also members] of a county council, or county borough council, in Wales,

(b)[F15two thirds of the members of the sub-committee are also] members of the constituent councils (but not members of the constituent councils’ executives), and

[F16(c)none of the members of the sub-committee are—

(i)council members,

(ii)co-opted members,

(iii)members of another sub-committee of the South West Wales CJC, F17...

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F18(2A) If a person described in sub-paragraph (2)(b) (“P”) ceases to be a member of a constituent council, P also ceases to be a member of the governance and audit sub-committee.]

F19(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The governance and audit sub-committee may not exercise its functions if the membership of the sub-committee contravenes the requirements of sub-paragraph (2).

(5) The standing orders must include provision regulating the manner in which the governance and audit sub-committee exercises its functions.

Textual Amendments

Commencement Information

I15Sch. para. 16 in force at 1.4.2021, see reg. 1(2)

(2)

2006 c.32. See section 157A and Schedule 9A as inserted by the Wales Act 2017 (c. 4) section 4 and Schedule 3.

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’. Dim ond yn Saesneg y mae’r fersiwn ddiwygiedig ar gael ar hyn o bryd.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed) - Saesneg: Mae'r wreiddiol Saesneg fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed)-Cymraeg:Y fersiwn Gymraeg wreiddiol o’r ddeddfwriaeth fel yr oedd yn sefyll pan gafodd ei deddfu neu ei gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel gwnaed fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill

The data on this page is available in the alternative data formats listed: