The Conduct of Members (Principles) (Wales) (Amendment) Order 2022

Welsh Statutory Instruments

2022 No. 805 (W. 181)

Local Government, Wales

The Conduct of Members (Principles) (Wales) (Amendment) Order 2022

Made

13 July 2022

Laid before Senedd Cymru

15 July 2022

Coming into force

5 August 2022

The Welsh Ministers, in exercise of the powers conferred on them by sections 49(2) and 105(2)(a) of the Local Government Act 2000(1), make the following Order.

In accordance with section 49(5)(2) of that Act, the Welsh Ministers have consulted such representatives of relevant authorities as they consider appropriate, the Auditor General for Wales, the Public Services Ombudsman for Wales, and such other persons as they considered appropriate.

Title and coming into forceE+W

1.—(1) The title of this Order is the Conduct of Members (Principles) (Wales) (Amendment) Order 2022.

(2) This Order comes into force on 5 August 2022.

Commencement Information

I1Art. 1 in force at 5.8.2022, see art. 1(2)

Amendment of article 2 of the Conduct of Members (Principles) (Wales) Order 2001E+W

2.  In the definition of “relevant authority” in article 2 (Interpretation) of the Conduct of Members (Principles) (Wales) Order 2001(3) after “a community council,” insert—

(ca)a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1)(4),.

Commencement Information

I2Art. 2 in force at 5.8.2022, see art. 1(2)

Rebecca Evans

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

13 July 2022

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends article 2 of the Conduct of Members (Principles) (Wales) Order 2001 (“the Order”) to add corporate joint committees established under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1) to the list of relevant authorities, making the principles in the Schedule to the Order applicable to members of corporate joint committees.

The Schedule to the Order sets out the principles which govern the conduct of the members of relevant authorities in Wales.

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 was prepared at the time of making those establishment regulations and is relied upon for the purpose of this Order. A copy can be obtained from the Local Government Strategic Finance Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ

(1)

2000 c. 22. Section 49(2) was amended by paragraph 8(3) of Schedule 4 to the Localism Act 2011 (c. 20). The power conferred by section 49(2) of the Local Government Act 2000 on the National Assembly for Wales was transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). Corporate joint committees were inserted into the definition of “relevant authority” in section 49(6) of the Local Government Act 2000 by S.I. 2022/372.

(2)

Section 49(5) was amended by paragraph 8(5) of Schedule 4 to the Localism Act 2011 (c. 20), paragraph 53(3) of Schedule 2 to the Public Audit (Wales) Act 2004 (c. 23) and paragraph 2(b) of Schedule 4 to the Public Service Ombudsman (Wales) Act 2005 (c. 10).

(3)

S.I. 2001/2276 (W. 166), to which there are amendments not relevant to this order.