The Local Authorities (Alternative Arrangements) (Wales) Regulations 2007

Title, commencement and application

1.—(1) The title of these Regulations is the Local Authorities (Alternative Arrangements) (Wales) Regulations 2007 and they come into force on 16 February 2007.

(2) These Regulations apply to Wales.

Interpretation

2.  In these Regulations —

“the 1972 Act” (“Deddf 1972”) means the Local Government Act 1972(1);

“the 2000 Act”(“Deddf 2000”) means the Local Government Act 2000;

“alternative arrangements” (“trefniadau amgen”) means arrangements by a local authority with respect to discharge of their functions which are arrangements in accordance with regulation 3;

“area committee” (“pwyllgor ardal”) means a committee or sub-committee of a local authority established under regulation 5(2)(b);

“audit committee” (“pwyllgor archwilio”) means a committee of a local authority established under regulation 5(2)(c);

“Board” (“Bwrdd”) means the committee of a local authority established under regulation 4;

“enactment” (“deddfiad”) includes an enactment contained in a local Act or comprised in subordinate legislation;

“executive” (“gweithrediaeth”) is to be construed in accordance with section 11 of the 2000 Act;

“licensing committee” (“pwyllgor trwyddedu”) means the committee established under section 6 of the Licensing Act 2003;

“local authority” (“awdurdod lleol”) means (save where the context otherwise requires) a county council or a county borough council which is operating alternative arrangements;

“planning committee” (“pwyllgor cynllunio”) means a committee of the authority with delegated power to exercise some or all of those functions in Schedule 1 which is known as the Planning Committee or by such other title as the standing orders of the local authority may provide;

“political group” (“grŵp gwleidyddol”) means a political group in accordance with regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990(2);

“principal scrutiny committee” (“prif bwyllgor craffu”) means a committee or sub-committee of the authority established under regulation 5(1)(a);

“relevant body” (“corff perthnasol”) for the purposes of regulation 16, means a local authority or a Board;

“scrutiny committee” (“pwyllgor craffu”) means a committee or sub-committee of the authority established under regulation 5(1)(b).

Local authorities which may operate alternative arrangements

3.—(1) All local authorities may operate alternative arrangements.

(2) Alternative arrangements are arrangements made in accordance with these Regulations and the Parent Governor Representatives and Church Representatives (Wales) Regulations 2001(3).

(3) Arrangements in accordance with paragraph (2) are specified as alternative arrangements for the purposes of Part II of the 2000 Act.

(4) To the extent that any provision of these Regulations is inconsistent with any provision of the Parent Governor Representatives and Church Representatives (Wales) Regulations 2001, the provision in those latter Regulations will prevail.

Establishment of a Board

4.—(1) A local authority operating alternative arrangements must establish a Board.

(2) The Board must not include the chairperson or deputy chairperson of the local authority or the chairperson of any other committee or sub-committee of the authority.

(3) A local authority operating alternative arrangements must delegate its functions to a Board subject to the limitations in regulations 10 to 13.

(4) Nothing in these Regulations prevents a local authority from exercising those functions delegated to a Board in accordance with paragraph (3).

(5) Subject to any arrangements made under regulation 16 the Board may arrange for the discharge of any of its functions —

(i) by a member of the Board;

(ii) by a sub-committee of the Board;

(iii) by an officer of the authority.

Establishment of Other committees

5.—(1) A local authority operating alternative arrangements must establish in accordance with regulation 6 —

(a) a principal scrutiny committee; and

(b) such additional scrutiny committees (being not less than three nor more than eight in number) for which the standing orders of the local authority may provide.

(2) A local authority operating alternative arrangements may establish —

(a) a planning committee;

(b) area committees for which the standing orders of the local authority may provide;

(c) an audit committee;

(d) an employment appeals committee;

(e) a maximum of four other committees, for which the standing orders of the local authority may provide, which only exercise functions which are not, in accordance with these Regulations or any other enactment, the responsibility of the Board of a local authority provided that any decision to establish such a committee is notified to the National Assembly for Wales within seven days of the decision.

(3) The committees mentioned in paragraphs (1) and (2) are in addition to any committees which the authority is required by any enactment to establish.

Principal Scrutiny Committees and Scrutiny Committees

6.—(1) A principal scrutiny committee or a scrutiny committee, or any sub-committee of such a committee:

(a) must not include any members of the Board; and

(b) must have a chairperson who is a member of the authority.

(2) A principal scrutiny committee must not have a chairperson who is a member of the same political group as the chairperson of the Board (except where there is only one political group).

(3) Subject to paragraph (4) a local authority must ensure that its principal scrutiny committee and scrutiny committees have power between them to —

(a) review or scrutinise decisions made, or other action taken, in connection with the discharge of any function of the authority;

(b) make reports or recommendations to the authority in connection with the discharge of any function of the authority;

(c) make reports or recommendations to the authority (or any committee or sub-committee of the local authority or a joint committee on which the local authority is represented) on matters which affect the authority’s area or the inhabitants of that area;

(d) in the case of a decision which has been made but not implemented, recommend that the decision be reconsidered by the committee, sub-committee or person who made it or arrange for its function under sub-paragraph (a) to be exercised by the authority.

(4) Subject to paragraph (5) a principal scrutiny committee and a scrutiny committee may not discharge any function other than in accordance with these Regulations.

(5) If, or to the extent that, a local authority’s function of conducting best value reviews under section 5 of the Local Government Act 1999(4) is not the responsibility of the Board of the authority, the authority may arrange for the principal scrutiny committee or any scrutiny committee to conduct such a review.

(6) A principal scrutiny committee and a scrutiny committee may —

(a) appoint one or more sub-committees; and

(b) arrange for the discharge of any of its functions by any such sub-committee.

(7) A sub-committee of a principal scrutiny committee or a scrutiny committee may not discharge any functions other than those conferred on it under paragraph (6).

(8) Alternative arrangements by a local authority must include provision which enables —

(a) any member of a principal scrutiny committee or scrutiny committee to ensure that any matter which is relevant to the functions of the committee is included in the agenda for, and is discussed at, a meeting of the committee;

(b) any member of a sub-committee of such a committee to ensure that any matter which is relevant to the functions of the sub-committee is included in the agenda for, and is discussed at, a meeting of the sub-committee; and

(c) a principal scrutiny committee or scrutiny committee to refer any matter in connection with a decision or a proposed decision of the Board to the local authority provided that the decision or proposed decision relates to the functions of that committee.

(9) A principal scrutiny committee and a scrutiny committee, or any sub-committee of such a committee, may include persons who are not members of the authority, but any such persons are not entitled to vote at any meeting of such a committee or sub-committee on any question which falls to be decided at that meeting.

(10) A principal scrutiny committee and a scrutiny committee, or a sub-committee of such a committee —

(a) may require members of the Board and officers of the authority, to attend before it to answer questions, and

(b) may invite other persons to attend meetings of the committee or sub-committee.

(11) Any member of the Board or officer of the authority who is authorised to attend to answer questions in accordance with paragraph (10) is under a duty to do so but any such member or officer is not obliged to answer any question which that person would be entitled to refuse to answer in or for the purposes of proceedings in a court in Wales or England.

Audit Committee

7.—(1) To the extent that a local authority’s powers in respect of its audit functions under any enactment may be delegated to a committee or sub-committee, a local authority may delegate to an audit committee.

(2) An audit committee established under regulation 5(2)(c):

(a) must not include any members of the Board; and

(b) must not have a chairperson who is a member of the same political group as the Chairperson of the Board (except where there is only one political group);

(c) may appoint one or more sub-committees; and

(d) may arrange for the discharge of any of its functions by any such sub-committee.

(3) A sub-committee of an audit committee may not discharge any functions other than those conferred on it under paragraph (2).

(4) An audit committee or any sub-committee of such a committee, may include persons who are not members of the authority, but any such persons are not entitled to vote at any meeting of such a committee or sub-committee on any question which falls to be decided at that meeting and are not entitled to be the chairperson of such a committee or sub-committee.

Area Committees

8.—(1) An area committee or sub-committee is a committee or sub-committee which satisfies the following conditions:

(a) the committee or sub-committee is established to discharge in respect of part of the area of the authority such functions (other than functions described in regulation 6(3)) as the local authority may determine;

(b) the members of the committee or sub-committee who are members of the authority are elected for electoral divisions or wards which fall wholly or partly within that part; and

(c) in the case of a committee only, the population of that part, as estimated by the authority, is not less than fifteen percent of the total population of the area of the authority as so estimated.

(2) Where a local authority establishes area committees—

(a) there must be at least three such committees and they must cover the whole of the local authority’s area; and

(b) each member of the local authority is entitled to be a member of one area committee.

(3) A relevant body may arrange for the discharge of any functions which are the responsibility of the Board of the local authority by an area committee of that authority.

(4) Where by virtue of this regulation any functions may be discharged by an area committee, then, unless the relevant body directs otherwise, the area committee may arrange for the discharge of any of those functions by a sub-committee of that committee or by an officer of the authority.

(5) Where by virtue of paragraph (4) any functions may be discharged by a sub-committee of an area committee, then, unless the area committee or the relevant body directs otherwise, the sub-committee may arrange for the discharge of any of those functions by an officer of the authority.

(6) Any arrangements made under this regulation by a relevant body for the discharge of any functions by an area committee are not to prevent the relevant body from exercising those functions.

(7) As soon as reasonably practicable after making arrangements under this regulation the Board must secure that copies of a document setting out the provisions of the arrangements are available at the authority’s principal office for inspection by members of the public at all reasonable hours.

(8) The Board must, in preparing the document referred to in paragraph (7) above, have regard to any guidance issued by the National Assembly for Wales under section 38 of the 2000 Act.

Requirements for committees and sub-committees

9.—(1) Every committee of a local authority established under these Regulations and every sub-committee of such a committee is to be treated as a committee or sub-committee of a principal council for the purposes of Part VA of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees).

(2) Every committee of a local authority established under these Regulations (except an area committee) and every sub-committee of such a committee is to be treated as a body to which section 15 of the Local Government and Housing Act 1989(5) (duty to allocate seats to political groups) applies.

(3) Subject to any enactment, every committee of a local authority (other than the Board) and every sub-committee of such a committee (other than a sub-committee of the Board) —

(a) must include among its membership a majority of members of the authority who are not Board members; and

(b) must have a chairperson who is a member of the authority but who is not a Board member.

(4) A committee or sub-committee of a local authority established under these Regulations, except an area committee, or a sub-committee of such a committee, must comprise a maximum of ten members or twenty per cent of the authority’s members (calculated by rounding up the number of members to the nearest whole number when in calculating the percentage the number of members is not a whole number) whichever is the greater number.

(5) A local authority operating alternative arrangements must allocate the chairpersonships of committees established under these Regulations so as to secure, as far as practicable, that the balance of the political groups in the local authority is reflected by those chairpersonships.

(6) A planning committee, licensing committee or area committee or a sub-committee of such a committee with responsibility for any of the functions listed in Part A of Schedule 1 (functions relating to town and country planning and development control) must have a minimum of eight members.

(7) Subsections (2) and (5) of section 102 of the 1972 Act are to apply to a committee established under these Regulations or a sub-committee of such a committee, as they apply to a committee appointed under that section.

Functions which are not to be the responsibility of an authority’s Board

10.—(1) The functions specified in column (1) of Schedule 1 to these Regulations by reference to the enactments specified in relation to those functions in column (2) of that Schedule are not to be the responsibility of a Board of an authority.

(2) The functions of —

(a) imposing any condition, limitation or other restriction on an approval, consent, licence, permission or registration granted —

(i) in the exercise of a function specified in column (1) of Schedule 1; or

(ii) otherwise than by the Board of the authority, in the exercise of any function under a local Act; or

(b) determining any other terms to which any such approval, consent, licence, permission or registration is subject,

are not to be the responsibility of the Board of the authority.

(3) The function of determining whether, and in what manner, to enforce —

(a) any failure to comply with an approval, consent, licence, permission or registration granted in the exercise of a function specified in column (1) of Schedule 1,

(b) any failure to comply with a condition, limitation or term to which any such approval, consent, licence, permission or registration is subject, or

(c) any other contravention in relation to a matter with regard to which the function of determining an application for approval, consent, licence, permission or registration would not be the responsibility of the Board of the authority,

is not to be the responsibility of the Board of the authority.

(4) The function of —

(a) amending, modifying or varying any such approval, consent, licence, permission or registration granted or any condition, limitation, restriction or term as mentioned in paragraph (2) to which it is subject; or

(b) revoking any such approval, consent, licence, permission or registration,

is not to be the responsibility of the Board of the authority.

(5) The function of making any scheme authorised or required by regulations under section 18 of the Local Government and Housing Act 1989 (schemes for basic, attendance and special responsibility allowances for local authority members), or of amending, revoking or replacing any such scheme, is not to be the responsibility of the Board of the authority.

(6) The functions of determining —

(a) the amount of any allowance payable under —

(i) subsection (5) of section 22 of the 1972 Act (chairman’s expenses);

(ii) subsection (4) of section 24 of that Act (vice-chairman’s expenses);

(iii) subsection (4) of section 173 (financial loss allowance) of that Act(6);

(iv) section 175 of that Act (allowances for attending conferences and meetings);

(b) the rates at which payments are to be made under section 174 of that Act (travelling and subsistence allowances);

(c) the amount of any allowance payable pursuant to a scheme under section 18 of the Local Government and Housing Act 1989 or regulations made under section 100 of the 2000 Act, or the rates at which payments by way of any such allowance are to be made;

(d) whether a charge should be made for any approval, consent, licence, permit or registration the issue of which is not the responsibility of the Board of the authority; and

(e) where a charge is made for any such approval, consent, licence, permit or registration, the amount of the charge;

are not to be the responsibility of the Board of the authority.

(7) Section 101 of the 1972 Act (arrangements for discharge of functions by local authorities) does not apply with respect to the discharge of any function mentioned in paragraph (5) or (6)(a) to (c).

(8) Subject to regulation 16, the function of making arrangements for the discharge of functions by a committee or officer under section 101(5) of the 1972 Act is not to be the responsibility of the Board of the authority.

(9) The function of making appointments under section 102 (appointment of committees) of the 1972 Act is not to be the responsibility of the Board of the authority.

(10) Unless otherwise provided by these Regulations, a function of a local authority which, by virtue of any enactment (passed or made before the making of these Regulations) may be discharged only by an authority, is not to be the responsibility of the Board of the authority.

Functions which may be the responsibility of an authority’s Board

11.  The functions specified in Schedule 2, may, but need not be, the responsibility of the Board of the authority.

Functions which are not to be the sole responsibility of an authority’s Board

12.—(1) In connection with the discharge of the function of —

(a) formulating or preparing a plan, scheme or strategy of a description specified in column (1) of Schedule 3 to these Regulations;

(b) formulating a plan, scheme or strategy for the control of the authority’s borrowing or capital expenditure; or

(c) formulating or preparing any other plan, scheme or strategy whose adoption or approval is, by virtue of regulation 13(1), a matter for determination by the authority;

the actions designated by paragraph (3) (“the designated actions”) are not the responsibility of the Board of the authority.

(2) Subject as provided in paragraph (1) the functions mentioned in that paragraph are the responsibility of the Board.

(3) The designated actions are —

(a) the giving of instructions requiring the Board to reconsider any draft plan, scheme or strategy submitted by the Board for the authority’s consideration;

(b) the amendment of any draft plan, scheme or strategy submitted by the Board for the authority’s consideration;

(c) the approval, for the purpose of its submission to the National Assembly for Wales or any Minister of the Crown for approval of any plan, scheme or strategy (whether or not in the form of a draft) of which any part is required to be so submitted;

(d) the adoption (with or without modification) of the plan, scheme or strategy.

(4) The function of amending, modifying, varying or revoking any plan, scheme or strategy of a description referred to in paragraph (1), (whether approved or adopted, before or after the coming into force of these Regulations) —

(a) is the responsibility of the Board of the authority to the extent that the making of the amendment, modification, variation or revocation —

(i) is required for giving effect to requirements of the National Assembly for Wales or a Minister of the Crown in relation to a plan, scheme or strategy submitted for approval or to any part so submitted; or

(ii) is authorised by a determination made by the authority when making the arrangements or approving or adopting the plan, scheme or strategy, as the case may be; but

(b) is not the responsibility of the Board to any other extent.

(5) Except to the extent mentioned in paragraph (6), the function of making an application —

(a) under subsection (5) of section 135 of the Leasehold Reform, Housing and Urban Development Act 1993 (programmes for disposals)(7); or

(b) under section 32 (power to dispose of land held for the purposes of Part II or section 43 (consent required for certain disposals not within section 32) of the Housing Act 1985(8),

is the responsibility of the Board of the authority.

(6) The extent mentioned in this paragraph is the authorisation of the making of the application.

(7) The function of making such an application as is referred to in paragraph (5), to the extent mentioned in paragraph (6), is not the responsibility of the Board of the authority.

(8) Section 101 of the 1972 Act does not apply with respect to the discharge —

(a) of a function specified in paragraph (1) to the extent that, by virtue of that paragraph, it is not the responsibility of the Board of the authority;

(b) of the functions specified in paragraphs (4) and (5) to the extent that they are not the responsibility of the Board of the authority.

(9) In connection with the discharge of the function of—

(a) subject to the provisions in respect of calculation of council tax base in paragraph 22 of Schedule 2, making a calculation in accordance with any of sections 32 to 37, 43 to 51, 52I, 52J, 52T and 52U of the Local Government Finance Act 1992(9), whether originally or by way of substitute; or

(b) issuing a precept under Chapter IV of Part 1 of that Act,

the actions designated by paragraph (11) (“the designated actions”) are the responsibility of the Board of the authority.

(10) Subject as provided in paragraph (9), the function mentioned in that paragraph is not the responsibility of the Board.

(11) The designated actions are —

(a) the preparation, for submission to the authority for their consideration, of —

(i) estimates of the amounts to be aggregated in making the calculation or of other amounts to be used for the purposes of the calculation;

(ii) the amounts required to be stated in the precept;

(b) the reconsideration of those estimates and amounts in accordance with the authority’s requirements;

(c) the submission for the authority’s consideration of revised estimates and amounts.

Discharge of specified functions by authorities

13.—(1) Subject to paragraph (2), a function of any of the descriptions specified in column (1) of Schedule 4 (which, but for this paragraph, might be the responsibility of the Board of the authority), is not the responsibility of the Board in the circumstances specified in column (2) in relation to that function.

(2) Paragraph (1) does not apply in relation to the discharge of a function of the description specified in paragraph 3 of column (1) of Schedule 4 where —

(a) the circumstances which render necessary the making of the determination may reasonably be regarded as urgent; and

(b) the individual or body by whom the determination is to be made has obtained from the chairperson of a relevant scrutiny committee or, if there is no such person or the chairperson of every relevant scrutiny committee is unable or unwilling to act, from the chairperson of the authority or, in that person’s absence, from the vice-chairperson, a statement in writing that the determination needs to be made as a matter of urgency.

(3) In paragraph (2) “relevant scrutiny committee” means a scrutiny committee of the authority whose terms of reference include the power to review or scrutinise decisions or other action taken in the discharge of the function to which the determination relates.

(4) The individual or body by whom a determination is made pursuant to paragraph (2) must, as soon as reasonably practicable after the making of the determination, submit to the authority a report which shall include particulars of —

(a) the determination;

(b) the emergency or other circumstances in which it was made; and

(c) the reasons for the determination.

(5) Section 101 of the 1972 Act does not apply with respect to the discharge of a function referred to in paragraph (1) which, by virtue of that paragraph, is not the responsibility of the Board of the authority.

Directions by the Board to planning and licensing committees

14.  The Board may direct that any decision to be made by a planning committee, a licensing committee or area committee in respect of a function of any of the descriptions specified in column (1) of part A of Schedule 1 (functions relating to town and country planning and development control) is determined by the local authority.

Discharge of functions by another local authority

15.—(1) A Board may make arrangements for a function which is its responsibility to be discharged either by another local authority or by that other authority’s Board or executive.

(2) A local authority may arrange for a function which is not the responsibility of the Board to be discharged by another local authority or that other authority’s Board or executive.

(3) Any arrangements made under this regulation are not to prevent the body that made the arrangements from exercising the functions to which they relate.

(4) Where arrangements are made under paragraph (1) or (2) above, then, subject to the terms of the arrangements that other authority may arrange for the discharge of any of those functions by a committee, sub-committee or officer of theirs.

(5) Where by virtue of paragraph (4) above any functions may be discharged by a committee of a local authority, then, unless that authority otherwise directs, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority.

(6) Where by virtue of paragraph (4) or (5) above any functions may be discharged by a sub-committee of a local authority, then, unless that authority or, as the case may be, that committee otherwise directs, the sub-committee may arrange for the discharge of any of those functions by an officer of the authority.

Joint exercise of functions

16.—(1) A relevant body may make arrangements under section 101(5) of the 1972 Act in accordance with this regulation.

(2) The arrangements must be made —

(a) where the functions to which the arrangements relate are the responsibility of the Board or executive of the other local authority concerned, with the relevant body which has power to make such arrangements on behalf of that authority;

(b) in any other case, with the other local authority.

(3) If the arrangements provide for the discharge of functions by a joint committee, appointments of the persons who are to represent each local authority on that committee must be made, and the number of such persons to be appointed must be determined, by the relevant body by which the arrangements are made on behalf of that authority.

(4) A joint committee appointed in accordance with this regulation may, subject to the terms of the arrangements, and unless the relevant body in relation to the local authority whose functions are the subject of the arrangements directs otherwise, arrange for the discharge of any of its functions by a sub-committee or an officer of one of the authorities concerned, and any such sub-committee may, subject to the terms of the arrangements and, unless the joint committee or the relevant body in relation to the local authority whose functions are the subject of the arrangements directs otherwise, arrange for the discharge of any of its functions by such an officer.

(5) Any arrangements made in accordance with this regulation by a relevant body for the discharge of any functions by a joint committee are not to prevent that body from exercising those functions.

(6) Where arrangements made on behalf of a local authority in accordance with this regulation by a relevant body provide for the appointment to a joint committee of persons who are not members of the Board of that authority, the relevant body must, as soon as reasonably practicable after making the arrangements, secure that copies of a document setting out the provisions of the arrangements are available at the authority’s principal office for inspection by members of the public at all reasonable hours.

(7) A relevant body preparing the document referred to in paragraph (6) above must have regard to any guidance issued by the National Assembly for Wales under section 38 of the 2000 Act.

(8) Part VA of the 1972 Act (access to meetings and documents of certain authorities, committees and sub-committees) applies to a joint committee established in accordance with this regulation.

Members of joint committees

17.—(1) Subject to paragraph (2) below, every person appointed to a joint committee in accordance with regulation 16 above by a relevant body must be a member of the local authority, and the political balance requirements do not apply to the appointment of such members.

(2) Where —

(a) the joint committee has functions in respect of part only of the area of one of the local authorities concerned;

(b) those functions are the responsibility of the Board of that authority; and

(c) the population of that part, as estimated by the authority, does not exceed fifteen percent of the total population of the area of the authority as so estimated,

the representatives of that authority on the joint committee may include any members of that authority who have been elected for electoral divisions or wards which are wholly or partly within that part of the authority’s area, and the political balance requirements are not to apply to the appointment of those members.

Revocation

18.  The following are revoked—

(a) the Local Authorities (Alternative Arrangements) (Wales) Regulations 2001 (10)

(b) the Local Authorities (Alternative Arrangements) (Amendment) (Wales) Regulations 2002(11);

(c) the Local Authorities (Alternative Arrangements) (Amendment) (Wales) Regulations 2003(12); and

(d) the Local Authorities (Alternative Arrangements) (Amendment) (Wales) Regulations 2004(13)).

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(14).

D. Elis-Thomas

The Presiding Officer of the National Assembly

14 February 2007