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Statutory Instruments made by the National Assembly for Wales
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URL: http://www.bailii.org/wales/legis/num_reg/2006/20061275e.html

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STATUTORY INSTRUMENTS

2006 No. 1275 (W.121)

LOCAL GOVERNMENT, WALES

The Local Authorities (Standing Orders) (Wales) Regulations 2006

  Made 9 May 2006 
  Coming into force 3 July 2006 

The National Assembly for Wales makes the following Regulations in exercise of the powers conferred on the Secretary of State by sections 8, 20 and 190 of the Local Government and Housing Act 1989[1] and which are now vested in the National Assembly for Wales so far as exercisable in relation to Wales[2].

Title, commencement and application
     1. —(1) The title of these Regulations is the Local Authorities (Standing Orders) (Wales) Regulations 2006 and they come into force on 3 July 2006.

    (2) These Regulations apply in relation to Wales.

Interpretation
     2. In these Regulations–

and any reference to an appointment or purported appointment of a chief officer includes a reference to the engagement or purported engagement of such an officer under a contract of employment;

Standing orders relating to chief officers
     3. No later than the first ordinary meeting of the relevant authority falling after the day on which these Regulations come into force, the relevant authority must, in respect of the appointment of its chief officers–

and must not thereafter vary standing orders so made or modified other than by way of incorporating provision having effect as described in Part 2 of that Schedule or provisions to the like effect.

Standing Orders relating to Meetings and Proceedings
     4. —(1) No later than the first ordinary meeting of the relevant authority falling after the day on which these Regulations come into force, the relevant authority must, in respect of the matters mentioned in paragraph (2)–

    (2) The matters referred to in paragraph (1) are–

Executive arrangements- standing orders relating to staff
     5. —(1) Subject to paragraph (3) of regulation 11, where a relevant authority operates executive arrangements under Part II of the 2000 Act, it must upon the coming into force of these Regulations:

    (2) A relevant authority which has incorporated provisions in standing orders pursuant to paragraph (1) must, where it proposes to change its executive arrangements so that its executive will take a different form, make variations to its standing orders to the extent necessary to conform with the provisions referred to in sub-paragraph (a), (b), (c) or (d) of paragraph (1), as the case may be, on or before the date on which it starts to operate those changed executive arrangements.

Alternative arrangements- standing orders relating to staff
     6. Subject to paragraph (3) of regulation 11, a relevant authority operating alternative arrangements under Part II of the 2000 Act must–

Standing orders relating to staff
     7. Where a relevant authority has standing orders incorporating the provisions in paragraph 4(1) of Part 1, paragraph 4(1) of Part 2 or paragraph 4 of Part 4 of Schedule 3 (or provisions to the like effect), the power to approve the appointment or dismissal of the head of the authority's paid service must be exercised by the relevant authority itself and accordingly section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the exercise of that power.

Standing orders in respect of disciplinary action
     8. No later than the first ordinary meeting of the relevant authority falling after the day on which these Regulations come into force, a relevant authority must, in respect of disciplinary action against the head of the authority's paid service, its monitoring officer or its chief finance officer–

Investigation of alleged misconduct
     9. —(1) Subject to paragraph (11), where, after a relevant authority has incorporated provisions in standing orders pursuant to regulation 8, it appears to the relevant authority that an allegation of misconduct which may lead to disciplinary action has been made against–

("the relevant officer"), as the case may be, the relevant authority must appoint a committee ("an investigation committee") to consider the alleged misconduct.

    (2) The investigation committee must:

must, within 1 month of its appointment, consider the allegation of misconduct and decide whether it should be further investigated.

    (3) For the purpose of considering the allegation of misconduct, the investigation committee:

    (4) Where it appears to the investigation committee that an allegation of misconduct by the relevant officer should be further investigated, it must appoint a person ("the designated independent person") for the purposes of the standing order which incorporates the provisions in Schedule 4 (or provisions to the like effect).

    (5) The designated independent person who is appointed–

    (6) The designated independent person–

    (7) Subject to paragraph (8), the relevant officer and relevant authority must, after consulting the designated independent person, attempt to agree a timetable within which the designated independent person is to undertake the investigation.

    (8) Where there is no agreement under paragraph (7), the designated independent person must set a timetable as that person considers appropriate within which the investigation is to be undertaken.

    (9) The relevant authority must consider the report prepared under paragraph (6) (d) within 1 month of receipt of that report.

    (10) A relevant authority must pay reasonable remuneration to a designated independent person appointed by the investigation committee and any costs incurred by, or in connection with, the discharge of functions under this regulation.

    (11) This regulation does not apply in relation to the head of the authority's paid service if that person is also the council manager of the relevant authority[9].

Revocation of the 1993 Regulations
     10. The 1993 Regulations are hereby revoked in relation to Wales save in so far as they apply to National Park Authorities in Wales.

Transitional and consequential provisions
     11. —(1) Subject to paragraph (2), where a relevant authority has made standing orders incorporating the provisions set out in paragraph 4 of Part 1 of Schedule 1 to the 1993 Regulations (or provisions to the like effect), then until the relevant authority incorporates into those standing order provisions in accordance with regulation 8, regulation 9 applies in relation to those standing orders in respect of the head of the authority's paid service, as it would in relation to standing orders which incorporate provisions in accordance with regulation 8.

    (2) Anything which, before the date on which the relevant authority incorporate provisions in standing orders in accordance with regulation 8, was being done by, to or in relation to an officer in accordance with–

may be continued after that date by, to or in relation to that officer in accordance with the provisions referred to in sub-paragraphs (a), (b) or (c), as the case may be.

    (3) A relevant authority must comply with the requirements of regulation 5 or, as the case may be, regulation 6 as soon as reasonably practicable after the coming into force of these Regulations.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[10]


D. Elis-Thomas
The Presiding Officer of the National Assembly

9 May 2006



SCHEDULE 1
Regulation 3


STANDING ORDERS RELATING TO CHIEF OFFICERS




PART 1

Prescribed Standing Orders

          



PART 2

Authorised Variations

     1. The standing orders may provide that–

     2. The standing orders may provide that where the duties of a chief officer include the discharge of functions of two or more relevant authorities in pursuance of section 101(5) of the Local Government Act 1972–

     3. There may be excluded from the application of paragraph 1 and 2–



SCHEDULE 2
Regulation 4


STANDING ORDERS RELATING TO MEETINGS AND PROCEEDINGS


          



SCHEDULE 3
Regulation 5(1) and 6


PROVISIONS TO BE INCORPORATED IN STANDING ORDERS RELATING TO STAFF




PART 1

Authority with Mayor and Cabinet Executive

          



PART 2

Authority with Leader and Cabinet Executive

          



PART 3

Authority with Mayor and Council Manager Executive

          



PART 4

Authority Operating Alternative Arrangements

          



SCHEDULE 4
Regulation 8


PROVISIONS TO BE INCORPORATED IN STANDING ORDERS IN RESPECT OF DISCIPLINARY ACTION


          


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations are made under sections 8, 20 and 190 of the Local Government and Housing Act 1989 ("the 1989 Act") and require relevant authorities to incorporate into their standing orders certain provisions relating to their staff, meetings and proceedings.

Regulation 3 and Schedule 1 require relevant authorities to make such provision in relation to the appointment of chief officers. Regulation 4 and Schedule 2 require standing orders to be made in relation to the recording of votes, and the signing of minutes at extraordinary meetings.

Relevant authorities in Wales are required to make or modify standing orders so that they include the provisions set out in the Regulations, or provisions to the like effect.

Part II of the Local Government Act 2000 ("the 2000 Act") provides for local authorities to draw up proposals for the operation of executive arrangements (under which certain functions of the authority are the responsibility of an executive) or, in the case of certain authorities, for the operation of alternative arrangements. In the case of executive arrangements, the local authority's executive must take one of the forms specified in section 11 of the 2000 Act.

A relevant authority which operates executive arrangements must have standing orders relating to its staff which include the provisions set out in Schedule 3. The standing orders must be the appropriate ones for the particular form that the executive takes (as set out in different Parts of Schedule 3) and, if that form changes, the standing orders must be varied accordingly (regulation 5).

A relevant authority which is operating alternative arrangements must have standing orders relating to its staff which include the provisions set out in Part 4 of Schedule 3 (or provisions to the like effect) (regulation 6).

Appointment, discipline, suspension and dismissal of teachers and other school staff employed by the local education authority are not dealt with in these Regulations but in regulations made under section 35(4) and (5) of the Education Act 2002 (see, at present, the Staffing of Maintained Schools (Wales) Regulations 2006 (S.I. 2006/873 (W.81)).

A relevant authority must, in respect of disciplinary action against the head of the authority's paid service, its monitoring officer or its chief finance officer, make standing orders incorporating the provisions set out in Schedule 4 (or provisions to the like effect). Such standing orders must be made no later than the first ordinary meeting of the relevant authority falling after the day on which these Regulations come into force (regulation 8).

Regulation 9 provides for consideration by an investigation committee of an allegation of misconduct made against the head of the authority's paid service (unless the head of the authority's paid service is the authority's council manager), its monitoring officer or its chief finance officer and prescribes a procedure for further investigation by an independent person, which is to be followed, where there is alleged to have been misconduct by the head of the authority's paid service, its monitoring officer or its chief finance officer which the investigation committee, having considered the matter, consider should be further investigated. Similar provisions were included in the Local Authorities (Standing Orders) Regulations 1993 ("the 1993 Regulations") in relation to the head of the authority's paid service. Following the relevant authority's consideration of the report prepared under paragraph (6)(d), the relevant authority must then comply with the relevant statutory procedures for disciplinary hearings.

Regulation 10 revokes the 1993 Regulations in so far as they extend to Wales (but not in relation to a National Park Authority in Wales).

Regulation 11 contains transitional provisions in relation to existing standing orders for disciplinary action made under the 1993 Regulations.

Notes:

 [1] 1989 c.42. Section 8 was amended by S.I. 2002/803 (W. 88).back

[2] The functions of the Secretary of State under sections 8, 20 and 190 are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the entry in Schedule 1 for the Local Government and Housing Act 1989.back

[3] 2000 c.22.back

[4] S.I. 1993/202.back

[5] 1972 c.70.back

[6] Subsection (1) of section 5 (as amended).back

[7] 1971 c.80.back

[8] See paragraph 42 of Schedule 12 to the Local Government Act 1972.back

[9] Neither a monitoring officer nor a chief finance officer of an authority may be a council manager. See paragraph 13(b) and (c) of Schedule 1 to the 2000 Act.back

[10] 1998 c.38.back

[11] Paragraph 41 is amended by paragraph 30 of Schedule 11 to the Local Government and Housing Act 1989 (c.42).back

[12] 1989 c.42.back

[13] 2000 c.22.back

[14] Section 2(6) was amended by paragraph 95 of Schedule 37 to the Education Act 1996 (c.56), paragraph 3(a), (b) and (c) of Schedule 2 to the Children Act 2004 (c.31), and Schedule 2 to the Fire and Rescue Services Act 2004 (c.21).back

[15] There are amendments to section 9 which are not relevant to these Regulations.back

[16] 2002 c.32.back

[17] 1989 c.42.back

[18] 2000 c.22.back

[19] Section 2(6) was amended by paragraph 95 of Schedule 37 to the Education Act 1996 (c. 56), paragraph 3(a), (b) and (c) of Schedule 2 to the Children Act 2004 (c.31), and Schedule 2 to the Fire and Rescue Services Act 2004 (c.21).back

[20] There are amendments to section 9 which are not relevant to these Regulations.back

[21] 2002 c.32.back

[22] 2000 c.22.back

[23] The council manager is appointed to the executive by the authority. See section 11(4)(b) and (10) of the 2000 Act.back

[24] 1989 c.42. There are amendments to section 9 which are not relevant to these Regulations.back

[25] 2002 c.32.back

[26] 1989 c.42.back

[27] Section 2(6) was amended by paragraph 95 of Schedule 37 to the Education Act 1996 (c.56), paragraph 3(a), (b) and (c) of Schedule 2 to the Children Act 2004 (c. 31), and Schedule 2 to the Fire and Rescue Services Act 2004 (c.21).back

[28] There are amendments to section 9 which are not relevant to these Regulations.back

[29] 2002 c.32.back


Cymraeg (Welsh)


ISBN 0 11 091340 X


 © Crown copyright 2006

Prepared 23 May 2006

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URL: http://www.bailii.org/wales/legis/num_reg/2006/20061275e.html