2021 No. 343 (W. 97)
The South East Wales Corporate Joint Committee Regulations 2021
Made
Coming into force in accordance with regulation 1(2) and (3)
The Welsh Ministers make these Regulations in exercise of the powers conferred by sections 74, 83 and 174 of the Local Government and Elections (Wales) Act 20211.
The requirements of the Local Government and Elections (Wales) Act 2021 (relating to consultation) have been satisfied.
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)(i) and (k) of that Act.
Title and commencementI21
1
The title of these Regulations is the South East Wales Corporate Joint Committee Regulations 2021.
2
These Regulations, other than the provisions mentioned in paragraph (3), come into force on 1 April 2021.
InterpretationI302
In these Regulations—
“the Brecon Beacons member” (“aelod Bannau Brycheiniog”) means the member appointed under regulation 8;
“constituent council” (“cyngor cyfansoddiadol”) means—
- a
Cardiff county council;
- b
Monmouthshire county council;
- c
Blaenau Gwent county borough council;
- d
Bridgend county borough council;
- e
Caerphilly county borough council;
- f
Merthyr Tydfil county borough council;
- g
Newport county borough council;
- h
Rhondda, Cynon, Taff county borough council;
- i
Torfaen county borough council;
- j
The Vale of Glamorgan county borough council;
- a
F7“co-opted member” (“aelod cyfetholedig”) has the meaning given by regulation 9(1);
“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—
PART 1Establishment and area
EstablishmentI253
1
There is established a body corporate to be known as the South East Wales Corporate Joint Committee (“the South East Wales CJC”).
2
The South East 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 South East Wales CJC by these Regulations are exercisable in relation to its area.
AreaI54
The South East Wales CJC’s area comprises the areas of the constituent councils.
PART 2Constitution
ConstitutionI195
The Schedule makes provision about the constitution of the South East Wales CJC.
PART 3Membership
MembershipI76
1
The members of the South East Wales CJC are—
a
the 10 council members, F15...
b
the Brecon Beacons member F24, and
F14c
any co-opted member.
2
The members are entitled to vote in relation to any matter to be decided by the South East Wales CJC F9, subject to regulations 8(2A) and 9(2)
F63
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
References in these Regulations, and in any other enactment, to a member of the South East Wales CJC (however expressed) include the Brecon Beacons member F21and any co-opted member, unless—
a
express provision is made to the contrary, or
b
the context requires otherwise.
Council membersI287
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 South East Wales CJC.
2
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 South East Wales CJC until such time as the vacancy is filled.
Brecon Beacons memberI18
1
The Brecon Beacons National Park Authority (“the Authority”) must appoint an office-holder mentioned in paragraph (2) as a member of the South East 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.
F32A
The Brecon Beacons member may act as a member only in relation to—
a
the functions conferred on the South East Wales CJC under regulation 13;
b
any function of the South East Wales CJC that is ancillary or incidental to those functions.
2B
But the Brecon Beacons member may also act as a member in relation to any other function of the South East Wales CJC if—
a
the council members and the Brecon Beacons member agree, or
b
the Brecon Beacons member is permitted, or required, to act in relation to that function by virtue of express provision in these Regulations or any other enactment.
2C
An agreement under paragraph (2B)(a) must specify the terms on which the Brecon Beacons member may act in relation to the function concerned, including specifying the period for which the Brecon Beacons member is to act.
F4Co-opted participantsI149
1
The South East Wales CJC may co-opt one or more individuals as members of the South East Wales CJC (a “co-opted member”) on such terms as it determines.
2
Those terms must—
a
specify—
i
the functions of the South East Wales CJC in relation to which the co-opted member may act as a member of the CJC, and
ii
any function of the South East Wales CJC that is ancillary or incidental to those functions,
b
be agreed by the co-opted member and the other members, and
c
be set out in a co-option agreement.
3
Where, under paragraph (1), a co-opted member is entitled to act in relation to—
a
the functions conferred on the South East Wales CJC under regulation 13, and
b
any function of the South East Wales CJC that is ancillary or incidental to those functions,
the Brecon Beacons member may act as a member for the purposes of that paragraph.
4
A co-opted member is co-opted—
a
for a period specified in the co-option agreement, or
b
until—
i
the co-opted member resigns from the South East Wales CJC, or
ii
the South East Wales CJC terminates the co-option.
5
A co-option agreement—
a
may be varied at any time;
b
must be published electronically by the South East Wales CJC.
Job sharingI1310
Where an office referred to in—
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-beingI911
The economic well-being function is granted to the South East Wales CJC (see section 76 of the Local Government and Elections (Wales) Act 2021).
Transfer etc. of function of developing transport policiesI3312
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 South East Wales CJC, and not by the constituent council.
2
Part 2 of the Transport Act 2000 applies in relation to the South East 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 functionsI3213
The South East 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 South East Wales CJC (see in particular sections 60K to 60N of that Act)).
Subsidiary powersI2614
1
The South East 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.
F19Limitation on discharge of functions by other personsI34I2215
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 requirementsI2016
1
For each financial year the South East 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 South East 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 South East 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 South East Wales CJC.
Funding of budget requirementI1217
1
The South East Wales CJC’s general budget requirement must be paid to the South East 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 South East Wales CJCs strategic planning budget requirement must be paid to the South East 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 F17the council members and the Brecon Beacons member.
3
SCHEDULEConstitution
PART 1Procedure, meetings and voting
Chairing meetingsI241
Meetings of the South East 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.
Appointment of chairperson and vice-chairpersonI162
1
At the first meeting of the South East Wales CJC—
a
the appointment of a chairperson and vice-chairperson is to be the first business transacted, and
b
the council member for Blaenau Gwent county borough 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 East 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 F10other 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 East 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
Annual general meetingsI63
The South East Wales CJC must hold an annual general meeting in each financial year on a date determined by the CJC.
Other meetingsI104
1
The South East Wales CJC may hold other meetings on dates specified in the standing orders.
2
An extraordinary meeting of the South East Wales CJC may be called at any time by any person entitled to vote on a matter to be decided at that meeting.
QuorumI45
No business is to be transacted in relation to a matter to be decided at a meeting of the South East Wales CJC unless—
a
in the case of a matter to be decided under—
i
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.
Voting procedureI316
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 East Wales CJC—ted.
F20a
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 vicechairperson) has the casting vote.
Adoption of alternative voting procedureI37
1
Subject to the requirements of this paragraph, the South East Wales CJC may adopt an alternative voting procedure in relation to any matter to be decided by it.
2
But the South East 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 East Wales CJC it applies to;
b
may not modify the effect of paragraph 6(3).
F24
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.
Standing OrdersI118
1
The South East 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.
PART 2Staff
GeneralI179
F181
The South East 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 20216.
F222
The South East Wales CJC must ensure that arrangements made under sub-paragraph (1) are such as are necessary for the proper discharge by the South East Wales CJC of its functions.
Terms and conditionsI1510
1
Where the South East 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 East Wales CJC considers to be reasonably comparable.
F162
But sub-paragraph (1)—
a
is subject to section 41 of the Localism Act 2011, and
b
does not prevent the South East Wales CJC from modifying the terms and conditions of staff it appoints if required by virtue of any other enactment or rule of law.
Staff from other authoritiesI2311
1
A devolved Welsh authority (within the meaning given by the Government of Wales Act 20067) may enter into an agreement with the South East Wales CJC for the placing of staff of the authority at the disposal of the South East 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 East Wales CJC by virtue of an agreement under subparagraph (1), the member of staff is to be treated as a member of staff of the South East 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 East Wales CJC or the exercise of its functions.
F263
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 East Wales CJC by virtue of such an agreement is service rendered to the authority.
Placing staff at the disposal of other authoritiesI1812
1
The South East 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 East 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 East 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 East 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.
Consultation with staff about agreements under paragraph 11 or 12I813
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.
Transfer of staffI2714
Where a member of staff appointed by the South East Wales CJC has been transferred to the CJC from a constituent council, the provisions of the Transfer of Undertaking (Protection of Employment) Regulations 20068 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.
PART 3Sub-committees
Sub-committeesF11I2915
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Governance and Audit Sub-CommitteeI2116
1
The South East Wales CJC must establish a sub-committee (known as the governance and audit sub-committee) to—
a
review and scrutinise the South East Wales CJC’s financial affairs;
b
make reports and recommendations in relation to the South East Wales CJC’s financial affairs;
c
review and assess the risk management, internal control and corporate governance arrangements of the South East Wales CJC;
d
make reports and recommendations to the South East Wales CJC on the adequacy and effectiveness of those arrangements;
e
oversee the South East Wales CJC’s internal and external audit arrangements;
f
review any financial statements prepared by the South East Wales CJC;
g
exercise such other functions as the South East Wales CJC may specify.
2
When appointing members of the governance and audit sub-committee, the South East Wales CJC must ensure that—
a
at least one member of the sub-committee is a person who is not a member of a county council, or county borough council, in Wales,
b
at least two-thirds of the membership is constituted F8of members of the constituent councils (but not members of the constituent councils’ executives), and
F13c
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 East Wales CJC, or
iv
members of the constituent councils’ executives.
F53
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
(This note is not part of the Regulations)