The Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) (Amendment) Regulations 2022

• Citation: S.I. 2022/802 (W.)
• Sections: 12

Section 1 Title and coming into force

The title of these Regulations is the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) (Amendment) Regulations 2022 and they come into force on 5 August 2022.

Section 2 Amendments to the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001

The Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001 are amended as follows.

Section 3 Amendments to the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001

In regulation 2, in the definition of “relevant authority”—

(a) after “a scheme to which section 4 of that Act applies,” omit “and”;

(b) for “1995;” substitute “1995, and” ;

(c) at the end insert “a corporate joint committee;” .

Section 4 Amendments to the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001

In regulation 3, after paragraph (2) insert—

(2A) Where the relevant authority concerned is a corporate joint committee, in the matter of a member or co-opted member who is also a member or co-opted member of—

(a) a constituent council of the corporate joint committee;

(b) a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,

the monitoring officer of the corporate joint committee must also send a copy of any report and recommendations issued under paragraph (1)(b) or any recommendations made under paragraph (2) to the monitoring officer of that constituent council or National Park authority.

Section 5 Amendments to the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001

In regulation 6, after paragraph (a) insert—

(aa) where any person who is the subject of the investigation is a member or co-opted member of a corporate joint committee and is also a member or co-opted member of—

(i) a constituent council of the corporate joint committee;

(ii) a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,

send a copy of the report and any recommendations to the monitoring officer of that constituent council or National Park authority;

Section 6 Amendments to the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001

In regulation 7(1)(a), after paragraph (i) insert—

(ia) where the person who is the subject of the investigation is a member or co-opted member of a corporate joint committee and is also a member or co-opted member of—

(aa) a constituent council of the corporate joint committee;

(bb) a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,

the monitoring officer of that constituent council or National Park authority;

Section 7 Amendments to the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001

In regulation 7A(1), after sub-paragraph (a) insert—

(aa) where a subject of the investigation is a member or co-opted member of a corporate joint committee and is also a member or co-opted member of—

(i) a constituent council of the corporate joint committee;

(ii) a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,

the monitoring officer of that constituent council or National Park authority;

Section 8 Amendments to the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001

In regulation 8—

(a) in paragraph (4), for “Regulation 7(b)” substitute “regulation 7(1)(b)” ;

(b) in paragraph (6)(b), for “Regulation 12(a)(i)” substitute “regulation 12(1)(a)(i)” ;

(c) in paragraph (6)(c), for “Regulation 12(a)(ii)” substitute “regulation 12(1)(a)(ii)” .

Section 9 Amendments to the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001

In regulation 9—

(a) in paragraph (2), for “Regulation 12(a)(ii)” substitute “regulation 12(1)(a)(ii)” ;

(b) after paragraph (3)(a), insert—

(aa) where a subject of the investigation is a member or co-opted member of a corporate joint committee and is also a member or co-opted member of—

(i) a constituent council of the corporate joint committee;

(ii) a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,

the monitoring officer of that constituent council or National Park authority;

Section 10 Amendments to the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001

In regulation 10(10), after sub-paragraph (a) insert—

(aa) where the person seeking permission to appeal is a member or co-opted member of a corporate joint committee and is also a member or co-opted member of—

(i) a constituent council of the corporate joint committee;

(ii) a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,

the monitoring officer of that constituent council or National Park authority;

Section 11 Amendments to the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001

In regulation 12—

(a) the existing provision becomes paragraph (1);

(b) in paragraph (1), omit the words from “, and must inform” to “decision”;

(c) after paragraph (1), insert—

(2) After making a decision in accordance with paragraph (1), the appeals tribunal must give notice of that decision and reasons for the decision to:

(a) any person who is the subject of the investigation,

(b) the Public Services Ombudsman for Wales,

(c) the Standards Committee of the relevant authority, and

(d) where any person subject to the investigation is a member of a corporate joint committee, and is also a member or co-opted member of—

(i) a constituent council of the corporate joint committee;

(ii) a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,

the monitoring officer of that constituent council or National Park authority.

Section 12 Amendments to the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001

In regulation 13—

(a) in paragraph (1)—

(i) in sub-paragraph (b), for “Regulation 12(a)(i) or (b)” substitute “regulation 12(1)(a)(i) or (b)” ;

(ii) in sub-paragraph (c), for “Regulation 12(a)(ii)” substitute “regulation 12(1)(a)(ii)” ;

(iii) omit the words from “and send” to “gave rise to the investigation”;

(b) after paragraph (1), insert—

(1A) The Standards Committee must send a copy of the report to:

(a) any person who is the subject of the investigation,

(b) the Public Services Ombudsman for Wales,

(c) the monitoring officer of the relevant authority concerned, and

(d) where any person subject to the investigation is a member or co-opted member of a corporate joint committee, and is also a member or co-opted member of—

(i) a constituent council of the corporate joint committee;

(ii) a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,

the monitoring officer of that constituent council or National Park authority.

(1B) The Standards Committee must also take reasonable steps to send a copy of the report to any person who made any allegation which gave rise to the investigation.

(c) in paragraph (2), in the words before sub-paragraph (a), after “authority” insert “concerned” .