Title and coming into forceI11
1
The title of these Regulations is the Mid Wales Corporate Joint Committee Regulations 2021.
2
These Regulations, other than the provisions mentioned in paragraph (3), come into force on 1 April 2021.
3
The following provisions of these Regulations come into force on 30 June 2022—
a
regulation 11;
b
regulation 12;
c
regulation13;
d
regulation 15 in so far as it relates to functions conferred on the Mid Wales Corporate Joint Committee by regulation 11, 12 or 13.
InterpretationI22
In these Regulations—
“the Brecon Beacons member” (“aelod Bannau Brycheiniog”) means the member appointed under regulation 8;
“constituent council” (“cyngor cyfansoddiadol”) means—
- a
Ceredigion county council;
- b
Powys county council;
- a
“co-opted participant” (“cyfranogwr cyfetholedig”) has the meaning given by regulation 9(3);
“council member” (“aelod cyngor”) means a person referred to in regulation 7(1) or a person appointed under regulation 7(3);
“enactment” (“deddfiad”) means an enactment whenever enacted or made;
“financial year” means—
- a
the period of 12 months ending with 31 March 2022 (referred to in these Regulations as “the first financial year”);
- b
subsequently, a period of 12 months ending with 31 March;
- a
“National Park Authority” (“Awdurdod Parc Cenedlaethol”) means an authority in Wales established under section 63 of the Environment Act 19952;
“standing orders” (“rheolau sefydlog”) means the standing orders made under paragraph 8 of the Schedule;
“strategic planning functions” (“swyddogaethau cynllunio strategol”) means—
- a
the functions of the Mid Wales Corporate Joint Committee under Part 6 of the Planning and Compulsory Purchase Act 20043 (see regulation 13), and
- b
any functions incidental or conducive to the exercise of those functions.
- a
PART 1Establishment and area
EstablishmentI33
1
There is established a body corporate to be known as the Mid Wales Corporate Joint Committee (“the Mid Wales CJC”).
2
The Mid Wales CJC has the functions—
a
conferred on it by these Regulations, and
b
conferred or imposed on it, or delegated to it, by any other enactment.
3
Functions conferred on the Mid Wales Corporate Joint Committee by these Regulations are exercisable in relation to its area.
AreaI44
The Mid Wales CJC’s area comprises the areas of the constituent councils.
PART 2Constitution
ConstitutionI55
The Schedule makes provision about the constitution of the Mid Wales CJC.
PART 3Membership
MembershipI66
1
The members of the Mid Wales CJC are—
a
the 2 council members, and
b
the Brecon Beacons member.
2
The members are entitled to vote in relation to any matter to be decided by the Mid Wales CJC.
3
But paragraph (2) applies to the Brecon Beacons member only to the extent that the matter to be decided is about strategic planning functions.
4
References in these Regulations, and in any other enactment, to a member of the Mid Wales CJC (however expressed) include the Brecon Beacons member to the extent described in paragraph (3), unless—
a
express provision is made to the contrary, or
b
the context requires otherwise.
Council membersI77
1
In the case of each constituent council—
a
the executive leader, where the constituent council operates a leader and cabinet executive;
b
the elected mayor, where the constituent council operates a mayor and cabinet executive,
is the council member of the Mid Wales CJC.
2
Where a council member is, for any period, unable to discharge their functions, the constituent council of which they are a member must appoint another member of its executive to discharge those functions on behalf of the council member for that period.
3
Where a constituent council has a vacancy in an office referred to in paragraph (1), the constituent council must appoint another member of its executive as the council member of the Mid Wales CJC until such time as the vacancy is filled.
Brecon Beacons memberI88
1
The Brecon Beacons National Park Authority (“the Authority”) must appoint an office-holder mentioned in paragraph (2) as a member of the Mid Wales CJC (“the Brecon Beacons member”).
2
The office-holders who are eligible to be the Brecon Beacons member are—
a
the chairman of the Authority,
b
the deputy chairman of the Authority, or
c
the chairperson of a committee with responsibility for planning matters as may be established by the Authority.
3
Where the Brecon Beacons member is, for any period, unable to discharge their functions, the Authority must appoint one of the other office-holders mentioned in paragraph (2) to discharge those functions on behalf of the Brecon Beacons member for that period.
Co-opted participantsI99
1
The members of the Mid Wales CJC may co-opt such persons as they think appropriate—
a
as members of a sub-committee of the Mid Wales CJC;
b
to participate in other activities of the Mid Wales CJC.
2
Where a person is co-opted under paragraph (1), the members must give a written notice of the co-option to the person.
3
In these Regulations, a person co-opted under paragraph (1) is referred to as a “co-opted participant”.
4
A co-opted participant is entitled to vote in relation only to such matters as the members may specify in the notice given under paragraph (2).
5
A co-opted participant is co-opted—
a
for a period specified by the members in the notice given under paragraph (2),
b
until the co-option is terminated by the members by giving written notice to the co-opted participant, or
c
until the co-opted participant resigns by giving written notice to the Mid Wales CJC.
6
7
The members of the Mid Wales CJC may revise a co-option under paragraph (1) by giving a further written notice to the co-opted participant.
Job sharingI1010
Where an office referred to in—
a
regulation 7(1), or
b
regulation 8(2),
is shared by 2 or more persons, those persons are to be treated as if they were 1 person for the purposes of these Regulations.
PART 4Functions
Economic well-beingI1111
The economic well-being function is granted to the Mid Wales CJC (see section 76 of the Local Government and Elections (Wales) Act 2021).
Transfer etc. of function of developing transport policiesI1212
1
The function of developing policies under section 108(1)(a) and (2A)(a) of Part 2 of the Transport Act 20004 is, in respect of the area of each constituent council, to be exercised by the Mid Wales CJC, and not by the constituent council.
2
(2) Part 2 of the Transport Act 2000 applies in relation to the Mid Wales CJC and its constituent councils subject to the modifications in the Schedule to the Corporate Joint Committees (Transport Functions) (Wales) Regulations 20215.
Strategic planning functionsI1313
The Mid Wales CJC has the function of preparing a strategic development plan (and accordingly Part 6 of the Planning and Compulsory Purchase Act 2004 applies to the Mid Wales CJC (see in particular sections 60K to 60N of that Act)).
Subsidiary powersI1414
1
The Mid Wales CJC may do anything—
a
to facilitate, or
b
which is incidental or conducive to,
the exercise of its functions under these Regulations or any other enactment.
2
Things which may be done under paragraph (1) include—
a
incurring expenditure;
b
charging fees;
c
acquiring or disposing of property or rights.
Limitation on discharge of functions by other personsF1I1515
Regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (arrangements for discharge of functions) does not apply to—
a
approving a transport policy, or revision of such a policy developed by virtue of regulation 12(1) under section 108(1)(a) and (2A)(a) of Part 2 of the Transport Act 2000;
b
the following actions connected with the preparation of a strategic development plan, or revision of a plan, under regulation 13—
i
adopting a delivery agreement, or a revision of such an agreement (see regulation 11(2) and (8) of the Town and Country Planning (Strategic Development Plan) (Wales) Regulations 2021 (“the SDP Regulations”));
ii
approving pre-deposit proposals documents and a statement of pre-deposit matters (see regulations 17 and 18 of the SDP Regulations);
iii
approving an initial consultation report, SDP proposals document and a statement of deposit matters (see regulation 20 of the SDP Regulations);
iv
approving documents to be sent to the Welsh Ministers under section 64(3) of the Planning and Compulsory Purchase Act 2004;
v
withdrawing a strategic development plan under section 66A(2) of that Act;
vi
adopting a strategic development plan under section 60M(9)(a) of that Act;
vii
approving an annual monitoring report to be made under section 76(1) of that Act;
viii
approving a report of a review of a strategic development plan to be made under section 69(2) of that Act;
c
agreeing calculations of budget requirements or revised calculations under regulation 16(6)(b) and (9).
PART 5Funding
Calculation of budget requirementsI1616
1
For each financial year the Mid Wales CJC must calculate the amounts described in paragraph (2) attributable to—
a
its strategic planning functions (including an appropriate proportion of administration costs and other overheads), and
b
its other functions.
2
The amounts that the CJC must calculate are—
a
the amount which the CJC estimates it will spend in respect of the financial year in the exercise of its functions (including spending on administration and other overheads);
b
the amount which the CJC considers appropriate to raise for contingencies arising in respect of the financial year;
c
the amount which the CJC considers appropriate to be held as a reserve to meet expenditure it considers will be incurred in respect of future financial years;
d
any amount which the CJC considers is necessary to meet liabilities outstanding in respect of any earlier financial year.
3
For each financial year, the Mid Wales CJC must also calculate the aggregate of any amounts it estimates it will receive from sources other than the constituent councils and the Brecon Beacons National Park Authority attributable to—
a
its strategic planning functions, and
b
its other functions.
4
5
6
The Mid Wales CJC must—
b
agree those calculations at a meeting,
no later than 31 January in each preceding financial year.
7
In relation to the first financial year, paragraph (6) applies as if, for “31 January in each preceding financial year” there were substituted “31 January 2022”.
8
9
Any revised calculations must be agreed at a meeting of the Mid Wales CJC.
Funding of budget requirementI1717
1
The Mid Wales CJC’s general budget requirement must be paid to the Mid Wales CJC by the constituent councils, and the proportion of that amount payable by each constituent council is to be determined by the unanimous agreement of the council members.
2
The Mid Wales CJCs strategic planning budget requirement must be paid to the Mid Wales CJC by the constituent councils and the Brecon Beacons National Park Authority, and the proportion of that amount payable by each constituent council and by the Authority is to be determined by the unanimous agreement of the members.
3
4
This regulation applies to a general budget requirement, or strategic planning budget requirement, revised under paragraph (8) of regulation 16 as it applies to a budget requirement initially determined under that regulation.