Consultation on the Corporate Joint Committee (General) (No.2) (Wales) Regulations 2022

Background

The Local Government and Elections (Wales) Act 2021 (“the LGE Act”) created the framework for a consistent mechanism for regional collaboration between local government, namely Corporate Joint Committees (CJCs). The Act provides for the establishment of CJCs through Regulations.

Regulations creating four CJCs in Wales (“the Establishment Regulations”) were made on 17 March 2021 and the following CJCs were established on 1 April 2021:

• The North Wales Corporate Joint Committee
• The Mid Wales Corporate Joint Committee
• The South East Wales Corporate Joint Committee
• The South West Wales Corporate Joint Committee

The four CJCs have functions relating to strategic development planning and regional transport planning. They are also be able to do things to promote the economic well-being of their areas.

In contrast to joint committees appointed by principal councils, CJCs are independent corporate bodies which can employ staff, hold assets and budgets, and undertake functions.

One of the key principles which underpins the development of the CJC legislative framework is that CJCs are members of the ‘local government family’ and, where appropriate, should largely be subject to the same powers and duties as principal councils. The intent is to avoid as far as possible requiring CJCs to do things in a manner unfamiliar to local government, or to create new or unfamiliar procedures, obligations or powers which might increase administrative burdens.

A comprehensive consultation was undertaken on the draft Establishment Regulations which established the four regional CJCs across Wales and set out the regulatory regime which applies to those CJCs. A summary of the responses to the consultation was published in February 2021. There was overwhelming support, in particular from local authorities, for CJCs to be subject to the same powers and duties as principal councils in the way that they operate; to have broadly the same governance and administrative framework; and to have appropriate discretion on the detail of constitutional and operational arrangements.

A consultation on the draft Corporate Joint Committees (General) (No.2) (Wales) Regulations 2021 was undertaken between July and September 2021. A summary response to the consultation was published in October 2021. Generally respondents felt the regulations reflected the underlying principle that CJCs should be treated as a member of the local government family. The Corporate Joint Committees (General) (No.2) (Wales) Regulations 2021 were approved by the Senedd on 30 November 2021 and came into force on 3 December 2021.

A consultation on the draft Corporate Joint Committees (General) (Wales) Regulations 2022 was undertaken between November and December 2021. A summary response to the consultation was published in January 2022.  Generally respondents agreed with the provisions within the draft Regulations and with the inclusion of provisions included in the consultation document which accompanied the draft Corporate Joint Committees (General) (Wales) Regulations 2022. The Corporate Joint Committees (General) (Wales) Regulations 2022 were approved by the Senedd on 22 March 2022 and came into force on 25 March 2022.

The approach to the development of the CJC model continues to be one of co-development and collaboration with local government. The intention is to continue with this approach in the implementation of the CJC Regulations.

General approach to the Regulations

The Establishment Regulations were part of the first stage of putting in place the legislative framework which CJCs would operate within. The Establishment Regulations were made alongside a number of statutory instruments, which ensured that from day one CJCs would be subject to the duties which would be expected to apply to public bodies in Wales; and also to ensure appropriate governance and oversight (listed in Annex A for ease of reference).

The Corporate Joint Committees (General) (No.2) (Wales) Regulations 2021 were part of the second stage of putting in place the legislative framework for CJCs and provided for aspects of the operational arrangements for CJCs. They provided for the roles of certain ‘executive officers’ to support the work of the CJC as well as some general provisions in relation to CJC staff; for the functions of the CJC to be discharged by other people, for example its staff or sub-committees; and for meetings and proceedings. They also made a small number of miscellaneous and consequential amendments to give full effect to the provisions. The General No.2 Regulations were made alongside a number of statutory instruments which completed the application of those public body duties you would expect to apply to a public body in Wales.

The Corporate Joint Committees (General) (Wales) Regulations 2022 formed the third stage of putting in place the legislative framework CJCs will operate within. They require a CJC to adopt a code of conduct for members and extend the powers of the Public Services Ombudsman for Wales (PSOW) and the adjudication panel for Wales to CJCs and members of CJCs. They also:

• provide for a CJC to trade and undertake commercial activity
• require a CJC to publish its constitution and a constitution guide
• contain a number of minor provisions in relation to finance, legal proceedings, records / documents, staffing and workforce matters and other miscellaneous amendments.

This next (and fourth stage) is the final substantive stage in putting in place the legislative framework for CJCs. The draft Corporate Joint Committees (General) (No.2) (Wales) Regulations 2022 include:

• amendment of the Public Audit (Wales) Act 2004 to provide for studies and directions by the Auditor General for Wales
• the application of the local government performance and governance regime under Part 6 of the LGE Act
• provision on overview and scrutiny , including; on arrangements for the Governance and Audit Sub-committee and
• provision on certain standing orders

The Regulations also include miscellaneous and consequential amendments, including to the four sets of Establishment Regulations for CJCs

This consultation

This consultation builds on the comprehensive consultation undertaken in October 2020 which considered the general approach to the development of the legislative framework for CJCs; the consultation on the draft General No.2 Regulations in July 2021; and the consultation on the CJC General Regulations 2022 in November 2021.

This consultation is seeking your views on this next stage of the development of the wider legislative framework and application of specific elements of that framework. In particular we are seeking comments on the draft Corporate Joint Committees (General) (No.2) (Wales) Regulations 2022.

This instrument provides for:

• provisions requiring the Auditor General for Wales to carry out annual studies for improving the economy, efficiency and effectiveness of the exerciser by CJCs of their functions,
• provisions applying the local government performance and governance regime under Chapter 1 of Part 6 of the LGE Act to CJCs (with modifications which make that Chapter fit with the circumstances of CJCs)
• provisions creating powers and duties to share information for the purpose of certain functions which may be exercise in relation to CJCs
• provisions requiring CJCs to cooperate and provide assistance to  overview and scrutiny committees of their constituent councils where the committee is making a report or recommendation in relation to the exercise by a CJC of one of its functions
• provision on the membership of Governance and Audit Sub-committees of CJCs,
• provision imposing duties on CJCs to adopt standing orders in relation to certain procedural matters and matters concerning contracts.

Further detail on the draft Corporate Joint Committees (General) (No.2) (Wales) Regulations 2022 is outlined below.

General

As discussed in previous consultations, the legislative framework which regulates the administration and governance of local authorities can be complex and is made up of various provisions across a significant number of instruments. The Establishment Regulations were accompanied by the Corporate Joint Committees (General) (Wales) Regulations 2021 containing the first set of provisions that apply to CJCs generally. The General No.2 Regulations provided for the second set of provisions that apply to CJCs generally. The Corporate Joint Committee (General) (Wales) Regulations 2022 provide for the third set. These draft Corporate Joint Committees (General) (No.2) (Wales) Regulations 2022 will be the fourth and final substantive set of regulations in this group.

It is worth noting that in some cases other ancillary/independent regulations and orders may be required to be laid alongside the more general regulations, or following the commencement of the amendments within the general regulations, to fully provide the legislative underpinning required for CJCs, but these will be kept to a minimum.

There are five parts to the draft Corporate Joint Committees (General) (No.2) (Wales) Regulations 2022.

Part 1: Introduction
Part 2: Performance and information related to performance
Part 3: Overview and scrutiny
Part 4: Standing orders
Part 5: Miscellaneous and consequential amendments

Part 1: Introduction

Part 1 provides for the title and the coming into force of the Regulations. The intention is that the Regulations would come into force as soon as the Senedd approves them, aside from the requirement to undertake a panel assessment of performance which will come into force for the next electoral cycle.

Part 1 also provides for the interpretation of the Regulations.

Part 2: Performance and information related to performance

Part 2 provides for studies by the Auditor General for Wales for improving the economy, efficiency and effectiveness in the exercise by of their functions. It also includes provision for the Auditor General for Wales to direct CJCs to publish information relating to their performance, in the same way it can for other local government bodies.

Part 2 also provides for the application of the local government performance and governance regime under Chapter 1 of Part 6 of the LGE Act to CJCs.

The performance and governance provisions will provide a framework which supports CJCs, through an ongoing process of review, to think about their performance and effectiveness in the delivery of their functions.

The performance and governance regime will require each CJC in Wales to keep under review the extent to which it is meeting the ‘performance requirements’, that is the extent to which:

• it is exercising its functions effectively;
• it is using its resources economically, efficiently and effectively;
• its governance is effective for securing the above.

The mechanism for a CJC to keep its performance under review is self-assessment, with a duty to publish a report setting out the conclusions of the self-assessment once in respect of every financial year.

Self-assessment will be complemented by a panel performance assessment once in each local authority electoral cycle, providing an opportunity to seek external insights (other than from auditors, regulators or inspectors) on how the CJC is meeting the performance requirements. The intention is to delay commencement of this requirement until the next electoral cycle (2027-2032)

Statutory guidance for the performance and governance of principal councils has been published online. It is anticipated that this guidance, applied proportionately, will be equally applicable to CJCs.

Part 2 also gives powers to the Auditor General for Wales to carry out inspections of CJCs, as well as providing for support and assistance to be given to CJCs, and for other interventions by the Welsh Ministers.

Part 3: Overview and scrutiny

The overview and scrutiny committee of a constituent council of a CJC will be able to scrutinise the work of the CJC through its existing powers under section 21 of the Local Government Act 2000. Section 21 enables the scrutiny committees of constituent councils to make reports or recommendations to a constituent council on matters which affect the council’s area or the inhabitants of that area or on matters relating to the budget of the council.

The provisions in Part 3 of these Regulations require a CJC to co-operate with, and provide assistance to, an overview and scrutiny committee of a constituent council (or a joint scrutiny committee of two or more constituent councils) which is making a report or recommendations in relation to the exercise by the corporate joint committee of one of its functions. These provisions also impose a duty on a CJC to have due regard to any such reports or recommendations which are published by an overview and scrutiny committee of a constituent council and also to publish a statement setting out any steps it intends to take in light of the report or recommendation in exercising its functions.

In the consultation on the draft Corporate Joint Committee (General) (Wales) Regulations 2022 the Welsh Government sought views on the approach to scrutiny. The provisions in Part 3 provide for that core intent. It is worth noting that Part 3 does not place a requirement on CJCs to establish or agree an approach to scrutiny with their constituent councils but rather builds on the existing overview and scrutiny powers that constituent councils have under section 21 of the Local Government Act 2000. Under the new provisions CJCs will have a defined duty to assist and cooperate with the scrutiny undertaken by their constituent councils and also to consider and engage with any published reports or recommendations published as a result. Revised statutory guidance issued under the Local Government (Wales) Measure 2011 on overview and scrutiny is currently out for consultation. It is the intention of Welsh Government to include references to the scrutiny of CJCs in this guidance including on the importance of taking into account the views of the public, and joint overview and scrutiny committees.

Part 3 also makes a provision about the governance and administration of CJC governance and audit sub-committees. This includes requirements in relation to the appointment of a chairperson and deputy, proceedings and voting procedure of the sub-committee and the frequency of its meetings.

Part 4: Standing orders

Part 4 amends section 20 of the Local Government and Housing Act 1989 (“the 1989 Act”). Section 20 confers a power on the Welsh Ministers to require relevant authorities (including principal councils) to adopt procedural standing orders set out in regulations. This power has been exercised in the Local Authorities (Standing Orders) (Wales) Regulations 2006 (“the 2006 Regulations”) which are also made under section 8 of the 1989 Act. Section 8 of the 1989 Act was applied in relation to CJCs by the Corporate Joint Committees (General) (No.2) (Wales) Regulations 2021. Part 4 amends section 20 so that regulations may be made under that section that apply to CJCs.

The intention would then be to amend the “2006 Regulations so as to apply these to CJCs. The 2006 Regulations provide that a relevant authority must make certain provision in standing orders in relation to:

• chief officers
• meetings and proceedings
• staff
• disciplinary action

As part of this consultation we would welcome views on the intention to apply the 2006 Regulations to CJCs.

Part 4 also requires CJCs to adopt standing orders with respect to the making of contracts by, or on behalf of, a CJC.

Part 5: Miscellaneous and consequential amendments

Part 5 makes amendments to the Establishment Regulations for each of the four CJCs in relation to the governance and audit sub-committee.

Changes are made to Paragraph 16 of the Establishment Regulations to align the requirements for membership of governance and audit sub-committees of CJCs with those set out in section 81 and 82 of the Local Government (Wales) Measure 2011 as recently amended by section 115 and 116 of the Local Government and Elections (Wales) Act 2021 in respect of governance and audit committees appointed by principal councils. These ensure that the governance and audit sub-committee of a CJC has the same responsibility for complaints and performance management as a governance and audit committee of a local authority.

Part 5 also includes miscellaneous and consequential amendments to the Local Government Act 2003, the Public Audit (Wales) Act 2004, the Well-being of Future Generations (Wales) Act 2015, and the Local Government and Elections (Wales) Act 2021.

The Consultation on the CJC Establishment Regulations sought views on the effects that the establishment of CJCs would have on the Welsh language and opportunities for people to use Welsh and on treating the Welsh language no less favourably than English. In considering the establishment of CJCs the consultation also included consideration of the wider regulatory framework under the principle that CJCs should be treated as part of the ‘local government family’.

Read the summary of the responses to the consultation.

A CJC will be subject to the Welsh Language Standards in the same way as its constituent councils and other public service organisations in Wales. The Corporate Joint Committees (Amendment of Schedule 6 to the Welsh Language (Wales) Measure 2011) Regulations 2021 amended the Welsh Language (Wales) Measure 2011, adding CJCs to the list bodies and categories of bodies that are subject to have to comply with the standards. The consultation on the draft Corporate Joint Committees (General) (Wales) Regulations 2021 noted the intention to bring forward later this year amending regulations to add CJCs to the Welsh Language Standards (No. 1) Regulations 2015 ensuring those standards apply to CJCs as they do to local authorities. The Welsh Language Standards (No.1) Regulations 2015 (Amendment) Regulations 2021 were approved by the Senedd on the 9^th of November and will come into force on the 3^rd December 2021.

The draft Corporate Joint Committees (General) (No.2) (Wales) Regulations 2022 seeks to apply specific elements of the legislative framework that has already been consulted on in broad terms and as such is a largely technical document. As a stand-alone instrument the draft Corporate Joint Committees (General) (No.2) (Wales) Regulations 2022 is unlikely to have a significant impact on the use of Welsh language and the responses to the previous consultation on establishing CJCs are likely to apply to these regulations also.

However if you have any views on the specific effects the draft Corporate Joint Committees (General) (No.2) (Wales) Regulations 2022 might have on the Welsh Language, specifically on opportunities for people to use Welsh and on treating the Welsh language no less favourably than English, we would welcome your views.

Regulatory Impact Assessment

As with the previous consultation on the draft Corporate Joint Committee Regulations, a separate Regulatory Impact Assessment (RIA) has not been prepared in respect of this consultation on the draft Corporate Joint Committees (General) (No.2) (Wales) Regulations 2022.

The regulatory impact assessment to accompany the Mid Wales Corporate Joint Committee Regulations 2021, the North Wales Corporate Joint Committee Regulations 2021, the South East Wales Corporate Joint Committee Regulations 2021 and the South West Wales Corporate Joint Committee Regulations 2021 assessed the potential costs and benefits associated with establishing the Corporate Joint Committees through regulations.

In assessing the potential costs and benefits the RIA considered the overarching policy intent that CJCs should be treated as part of the ‘local government family’ including the application of the wider legislative framework. The costs associated with the application to CJCs of the aspects of the regulatory framework contained within the draft Corporate Joint Committees (General) (No.2) (Wales) Regulations 2022 was considered therefore as part of the regulatory impact assessment on the CJC Establishment Regulations themselves.

A copy of the RIA to accompany the Mid Wales Corporate Joint Committee Regulations 2021, the North Wales Corporate Joint Committee Regulations 2021, the South East Wales Corporate Joint Committee Regulations 2021 and the South West Wales Corporate Joint Committee Regulations 2021 is available on the Senedd Website as part of the relevant documentation to accompany those Regulations.

Integrated Impact Assessment

An Integrated Impact Assessment Summary was also undertaken as part of the development of the Establishment Regulations. The Integrated Impact Assessment assessed the most significant impacts, positive and negative of establishing CJCs via regulations. As with the RIA the Integrated Impact Assessment considered the overarching policy intent that CJCs should be treated as part of the ‘local government family’, including the impact of applying the wider local government legislative framework, in assessing the impacts of establishing CJC.

A summary of the conclusions of this assessment was published as part of the consultation on the CJC Establishment Regulations.

Both the RIA and Integrated Impact Assessment were subject to a comprehensive consultation as part of the consultation on the CJC Establishment Regulations. It is not intended to consult again on these documents.

As already discussed this consultation builds on the comprehensive consultation previously undertaken on the general approach to the development of the legislative framework for CJCs, the consultation on the draft Corporate Joint Committee (General) (No.2) (Wales) Regulations 2021, and the consultation on the draft Corporate Joint Committee (General) (Wales) Regulations 2022.

This consultation is seeking your views on this fourth and final substantive stage in the development of the wider legislative framework, and application of specific elements of that framework. In particular we are seeking views on the draft Corporate Joint Committees (General) (No.2) (Wales) Regulations 2022.

Question 1

Does Part 2 of the draft regulations clearly provide for the application of the local government performance and governance regime under Chapter 1 of Part 6 of the Local Government and Elections (Wales) Act 2021 to CJCs and studies by the Auditor General for Wales. 

If no, please provide details of how they can be made clearer?

Question 2

Do you agree that the requirement to undertake a panel assessment of performance should be delayed until the next electoral cycle?

Question 3

Does Part 3 of the draft regulations clearly provide for the overview and scrutiny of a CJC?

If no, please provide details of how they can be made clearer

Question 4

Does Part 4 of the draft regulations clearly provide for the adoption of certain standing orders?

 If no, please provide details of how they can be made clearer

Question 5

Do you agree that the Local Authorities (Standing Orders) (Wales) Regulations 2006 should be amended to apply to CJCs?

Question 6

Does Part 5 of the draft regulations clearly provide for the small number of miscellaneous and consequential amendments identified?

If no, please provide details on how they can be made clearer

Question 7

Welsh Language

If you have any views on the specific effects the draft Corporate Joint Committees (General) (No.2) (Wales) Regulations 2022 might have on the Welsh Language, specifically on opportunities for people to use Welsh and on treating the Welsh language no less favourably than English, we would welcome your views.

Question 8

If you have any related issues which we have not specifically addressed, please feel free to provide information on those also.

Submit your response by midnight 23 May 2022 in any of the following ways:

• Complete our online form
• Download, complete our online form and email LGPartnerships@gov.wales
• Download, complete our online form and post to:

Local Government Performance and Partnerships Division
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Data Protection Officer
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Number: WG44647

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Establishment Regulations: Phase 1

Regulations creating four CJCs in Wales (“the Establishment Regulations”) were made on 17 March 2021 and the following CJCs were established on 1 April 2021:

• The North Wales Corporate Joint Committee
• The Mid Wales Corporate Joint Committee
• The South East Wales Corporate Joint Committee
• The South West Wales Corporate Joint Committee

Instruments laid alongside the CJC Establishment Regulations

The following regulations/orders were made alongside the Establishment Regulations in March 2021.

Corporate Joint Committees (General) (Wales) Regulations 2021

The Corporate Joint Committees (General) (Wales) Regulations 2021 ensure, as part of the wider application of the local government ethical framework, that members and employees of CJCs are subject to appropriate standards of conduct. The general regulations also ensure that CJCs are subject to an appropriate accounting, audit and financial management regime. The Corporate Joint Committees (General) (Wales) Regulations 2021 also make a small number of minor amendments to; support the necessary arrangements for the provision of services between CJCs and local authorities; to ensure equality of treatment of members of a CJC by the CJC; and, provide for the CJC to hold and dispose of assets.

Corporate Joint Committees (Amendment of Schedule 6 to the Welsh Language (Wales) Measure 2011) Regulations 2021

The Corporate Joint Committees (Amendment of Schedule 6 to the Welsh Language (Wales) Measure 2011) Regulations 2021 (“amendment regulations”) amend the Welsh Language (Wales) Measure 2011. The amendment regulations provide that CJCs established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 are liable to comply with the Welsh Language Standards within the Welsh Language (Wales) Measure 2011.

The Equality Act 2010 (Public Authorities subject to the Public Sector Equality Duty) (Wales) Order 2021

The Equality Act 2010 (Public Authorities subject to the Public Sector Equality Duty) (Wales) Order 2021 (“amendment Order”) amends Part 2 of Schedule 19 to the Equality Act 2010. The amendment Order provides that CJCs established under Part 5 of the Local Government and Elections (Wales) Act 2021 are subject to the Public Sector Equality duty (Section 149) of the Equality Act 2010.

The Public Services Ombudsman (Wales) Act 2019 (Amendment of Schedule 3) Regulations 2021

The Public Services Ombudsman (Wales) Act 2019 (Amendment of Schedule 3) Regulations 2021 (“amendment Regulations”) amend Schedule 3 of the Public Services Ombudsman (Wales) Act 2019. The amendment Regulations provide that CJCs established under Part 5 of the Local Government and Elections (Wales) Act 2021 are subject to the provisions of the Public Services Ombudsman (Wales) Act 2019 where relevant.

The Public Audit (Wales) Act 2004 (Amendment) (Local Government Bodies in Wales) Order 2021

The Public Audit (Wales) Act 2004 (Amendment) (Local Government Bodies in Wales) Order 2021 (“amendment Order”) amends the list of local government bodies in Wales in section 12(1) of the Public Audit (Wales) Act 2004.

The Public Audit (Wales) Act 2004 makes provision about the audit of accounts of public bodies in Wales and related matters.  Part 2 relates to local government bodies in Wales.

The amendment Order provides that CJCs established under Part 5 of the Local Government and Elections (Wales) Act 2021 are subject to the provisions of part 2 of the Public Audit (Wales) Act 2004. The amendment order also makes minor and consequential and supplementary provision.

The Accounts and Audit (Wales) (Amendment) Regulations 2021

The Accounts and Audit (Wales) (Amendment) Regulations 2021 (“amendment regulations”) amend the Accounts and Audit (Wales) Regulations 2014 (“2014 regulations”) made under section 39 of the Public Audit (Wales) Act 2004.  (This was made on the 18^th March 2021, subject to the negative procedure) The amendment regulations provide that CJCs established under Part 5 of the Local Government and Elections (Wales) Act 2021 are subject to the provisions of the 2014 regulations where relevant.

The Corporate Joint Committees (Transport Functions) (Wales) Regulations 2021 were also made alongside the CJC Establishment Regulations and provided for the relevant modifications to the Transport Act 2000 required for CJCs to exercise the transport planning function.

The Corporate Joint Committee (General) (No.2) (Wales) Regulations 2021: Phase 2

The Corporate Joint Committee (General) (No.2) (Wales) Regulations 2021 provide for the roles of certain ‘executive officers’ to support the work of the CJC as well as some general provisions in relation to CJC staff, for the functions of the CJC to be discharged by other people, for example its staff or sub-committees, and for meetings and proceedings. They also make a small number of miscellaneous and consequential amendments to give full effect to the provisions.

Instruments laid alongside the Corporate Joint Committee (General) (No.2) (Wales) Regulations 2021

The following regulations were made alongside the Corporate Joint Committee (General) (No.2) (Wales) Regulations 2021 in December 2021.

The Welsh Language Standards (No.1) Regulations 2015 (Amendment) Regulations 2021

The Welsh Language Standards (No.1) Regulations 2015 (Amendment) Regulations 2021 amend the Welsh Language Standards (No.1) Regulations 2015 (“the No.1 Regulations”). The Regulations bring Corporate Joint Committees established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 within the scope of the standards specified by the No.1 Regulations and enable the Welsh Language Commissioner to make a compliance notice in respect of that body. The effect of this is that Corporate Joint Committees will be bodies which are liable to comply with the No.1 Regulations, and that the specified service delivery standards, policy making standards, operational standards, promotion standards and record keeping standards are potentially applicable to them.

The Corporate Joint Committees (Amendment of the Well-being of Future Generations (Wales) Act 2015) Regulations 2021

The Corporate Joint Committees (Amendment of the Well-being of Future Generations (Wales) Act 2015) Regulations 2021 amend the Well-being of Future Generations (Wales) Act 2015. The Regulations amend the meaning of a public body in section 6, by adding a Corporate Joint Committee to the list. The effect of this is that Corporate Joint Committees, established under Part 5 of the Local Government and Elections (Wales) Act 2021, are bodies which are liable to comply with Part 2 and 3 of the Well-being of Future Generations (Wales) Act 2015.

The Equality Act 2010 (Authorities subject to a duty regarding Socio-economic Inequalities) (No. 2) (Wales) Regulations 2021

The Equality Act 2010 (Authorities subject to a duty regarding Socio-economic Inequalities) (No. 2) (Wales) Regulations 2021 amend section 1 of Equality Act 2010 in order to add Corporate Joint Committees, established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021, to the list of relevant authorities subject to the Socio Economic Duty.

The Environment (Wales) Act 2016 (Public Authorities subject to the Biodiversity and Resilience of Ecosystems Duty) Regulations 2021

The Environment (Wales) Act 2016 (Public Authorities subject to the Biodiversity and Resilience of Ecosystems Duty) Regulations 2021 amend section 6 the 2016 Act to include Corporate Joint Committees within the definition of ‘public authority’ in section 6(9) which are subject to the biodiversity duty. As a result of these Regulations, Corporate Joint Committees will be required to consider the Nature Recovery Action Plan for Wales when making decisions.

The Countryside and Rights of Way Act 2000 (Meaning of Public Body) (Wales) Regulations 2021

The Countryside and Rights of Way Act 2000 (Meaning of Public Body) (Wales) Regulations 2021 amends section 85 of the Countryside and Rights of Way Act 2000 in order that when Corporate Joint Committees, established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021, exercise or perform any function in relation to, or affecting, land in an area of outstanding natural beauty they shall have regard to the purposes of conserving and enhancing the natural beauty of the area.

The National Parks and Access to the Countryside Act 1949 (Meaning of Public Body) (Wales) Regulations 2021

The National Parks and Access to the Countryside Act 1949 (Meaning of Public Body) (Wales) Regulations 2021 amends section 11A of the National Parks and Access to the Countryside Act 1949 in order that when Corporate Joint Committees, established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021, exercise or perform any function in relation to, or affecting, land in a National Park they must have regard to the purposes specified in section 5(1) of the National Parks and Access to the Countryside Act 1949. These purposes being conserving and enhancing their natural beauty, wildlife and cultural heritage and promoting opportunities for the understanding and enjoyment of the special qualities of National Parks by the public.

The Children and Families (Wales) Measure 2010 (Amendment to the List of Welsh Authorities) Regulations 2021

The Children and Families (Wales) Measure 2010 (Amendment to the list of Welsh authorities) Regulations 2021 amends section 6(1) of the Children and Families (Wales) Measure 2010 (“the Measure”) in order to add Corporate Joint Committees, established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021, to the list of relevant authorities required to make and demonstrate their contribution towards the eradication of child poverty in Wales.

Corporate Joint Committees will be required therefore to prepare and publish a strategy for contributing to the eradication of child poverty in Wales and the actions it intends to take to achieve the objectives within the strategy.

The Child Poverty Strategy (Corporate Joint Committees) (Wales) Regulations 2021

The Child Poverty Strategy (Corporate Joint Committees) (Wales) Regulations 2021 sets out the requirements in terms of preparation, review, renewal, publication and inspection of a child poverty strategy prepared by Corporate Joint Committees under section 2 of the Children and Families (Wales) Measure 2010.

The Regulations set out the duration of the first and subsequent child poverty strategies to be prepared by a CJC, the timing and manner of their publication and inspection, the requirements in terms of reviewing the child poverty strategy and the consultation requirements. The Regulations also amend the Child Poverty Strategy (Wales) Regulations 2011 so as to dis-apply those regulations to Corporate Joint Committees.

The Child Poverty Strategy (Corporate Joint Committees) (Wales) Regulations 2021 will be made after the Children and Families (Wales) Measure 2010 (Amendment to the List of Welsh Authorities) Regulations 2021 are made as the powers to make the order are contained in section 5(3) of the Children and Families (Wales) Measure 2010.

The Corporate Joint Committee (General) (Wales) Regulations 2022: Phase 3

The Corporate Joint Committees (General) (Wales) Regulations 2022 require a CJC to adopt a code of conduct for members and extend the powers of the Public Services Ombudsman for Wales (PSOW) and the adjudication panel for Wales to CJCs and members of CJCs. They also provide for a CJC to trade and undertake commercial activity; require the CJC to publish their constitution and a constitution guide; make provision about appointment of substitute members; as well as containing a number of minor provisions in relation to finance, legal proceedings, records  documents, staffing and workforce matters and other miscellaneous amendments.

Instruments laid alongside the Corporate Joint Committee (General) (Wales) Regulations 2022

The following regulations were made alongside the Corporate Joint Committee (General) (Wales) Regulations 2022 in March 2022.

The Crime and Disorder Act 1998 (Additional Authority) (Wales) Order 2022

The Crime and Disorder Act 1998 (Additional Authority) (Wales) Order 2022 amends the Crime and Disorder Act 1998 to include CJCs in the list of authorities in section 17(2) that are liable to comply with section 17(1).  As a result of this Order, Corporate Joint Committees established under Part 5 of the Local Government and Elections (Wales) Act 2021 will need to have due regard to the likely effect of the exercise of their functions on, and the need to do all that it reasonably can to prevent crime and disorder in its area, the misuse of drugs, alcohol and other substances in its area, and reoffending in its area.