The South East Wales Corporate Joint Committee Regulations 2021

PART 3 E+W Membership

Membership E+W

6.—(1) The members of the South East Wales CJC are—

(a) the 10 council members, F1 ...

(b) the Brecon Beacons member [F2 , and]

[F3 (c) 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 [F4 , subject to regulations 8(2A) and 9(2)]

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F6 and any co-opted member], unless—

(a) express provision is made to the contrary, or

(b) the context requires otherwise.

Textual Amendments

F1 Word in reg. 6(1)(a) omitted (3.12.2021) by virtue of The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 36(3)(a)(i)

F2 Word in reg. 6(1)(b) inserted (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 36(3)(a)(ii)

F3 Reg. 6(1)(c) inserted (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 36(3)(a)(iii)

F4 Words in reg. 6(2) inserted (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 36(3)(b)

F5 Reg. 6(3) omitted (3.12.2021) by virtue of The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 36(3)(c)

F6 Words in reg. 6(4) substituted (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 36(3)(d)

Commencement Information

I1 Reg. 6 in force at 1.4.2021, see reg. 1(2)

Council members E+W

7.—(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) Where a council member is, for any period, unable to [F7 act as council member], the constituent council of which they are a member must appoint another member of its executive to [F8 act] 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 South East Wales CJC until such time as the vacancy is filled.

Textual Amendments

F7 Words in reg. 7(2) substituted (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 36(4)(a)

F8 Word in reg. 7(2) substituted (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 36(4)(b)

Commencement Information

I2 Reg. 7 in force at 1.4.2021, see reg. 1(2)

Brecon Beacons member E+W

8.—(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.

[F9 (2A) 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.]

(3) Where the Brecon Beacons member is, for any period, unable to [F10 act as a member] , the Authority must appoint one of the other office-holders mentioned in paragraph (2) to [F11 act] on behalf of the Brecon Beacons member for that period.

Textual Amendments

F9 Reg. 8(2A)-(2C) inserted (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 36(5)(a)

F10 Words in reg. 8(3) substituted (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 36(5)(b)(i)

F11 Word in reg. 8(3) substituted (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 36(5)(b)(ii)

Commencement Information

I3 Reg. 8 in force at 1.4.2021, see reg. 1(2)

[F12 Co-opted participants E+W

9.— (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.]

Textual Amendments

F12 Reg. 9 substituted (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 36(6)

Commencement Information

I4 Reg. 9 in force at 1.4.2021, see reg. 1(2)

Job sharing E+W

10.  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.

Commencement Information

I5 Reg. 10 in force at 1.4.2021, see reg. 1(2)