The Countryside and Rights of Way Act 2000 (Meaning of Public Body) (Wales) Regulations 2021

Welsh Statutory Instruments

2021 No. 1355 (W. 353)

Local Government, Wales

Environmental Protection, Wales

The Countryside and Rights of Way Act 2000 (Meaning of Public Body) (Wales) Regulations 2021

Made

at 9.45 a.m. on 1 December 2021

Coming into force

3 December 2021

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 84(2)(a) and 174 of the Local Government and Elections (Wales) Act 2021(1).

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)(l) of that Act.

Title and coming into force

1.—(1) The title of these Regulations is the Countryside and Rights of Way Act 2000 (Meaning of Public Body) (Wales) Regulations 2021.

(2) These Regulations come into force on 3 December 2021.

Amendment of section 85 of the Countryside and Rights of Way Act 2000

2.  In section 85 (general duty of public bodies etc.) of the Countryside and Rights of Way Act 2000(2), in subsection (3), in the definition of “public body”, at the end insert—

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

Rebecca Evans

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

At 9.45 a.m. on 1 December 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend section 85 of the Countryside and Rights of Way Act 2000 (c. 37). Section 85(1) provides that when exercising or performing any function in relation to, or affecting, an area of outstanding natural beauty a “relevant authority” shall have regard to the purposes of conserving and enhancing the natural beauty of the area.

Section 85(2) lists the bodies and persons who are a “relevant authority” and who are therefore subject to the duty contained in section 85(1). The list includes “any public body”, with section 85(3) listing bodies that are included within this term.

These Regulations amend section 85(3) so that corporate joint committees, established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1) (“the Act”), are included in the list of public bodies in section 85(3). This results in corporate joint committees being subject to the duty in section 85(1).

These Regulations are connected with regulations which established certain corporate joint committees under Part 5 of the Act.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to the regulations which establish corporate joint committees and connected orders and regulations. As a result, a regulatory impact assessment has been prepared. A copy can be obtained from the Local Government Strategic Finance Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

2021 asc 1.

(2)

2000 c. 37; relevant amendments made by the Planning (Wales) Act 2015 (anaw 4) and the Local Government and Elections (Wales) Act 2021 (asc 1).