Statutory Instruments with Clear Reports
14 March 2022
SL(6)164 – The Relaxation of School Reporting Requirements (Wales) (Coronavirus) Regulations 2022
Procedure: Made Negative
These Regulations amend current school reporting requirements in response to the impact on schools as a result of coronavirus.
The Regulations amend:
· The School Governors’ Annual Reports (Wales) Regulations 2011 (“the Annual Report Regulations”); and
· The School Information (Wales) Regulations 2011 (“the School Information Regulations”) .
The Annual Report Regulations prescribe the information that must be published by a school governing body in an annual report. Regulation 2(2) of these Regulations inserts a new regulation into the Annual Report Regulations which provides that the following information for the 2021-2022 school year is not required to be published in any governors’ annual report—
(a) paragraph 6 of Schedule 2 to the Annual Report Regulations (the summary of
secondary school performance),
(b) paragraph 7 of Schedule 2 to the Annual Report Regulations (the numbers of authorised and unauthorised pupil absences), and
(c) paragraph 8(b) of Schedule 2 to the Annual Report Regulations (further information relating to authorised and unauthorised pupils absences).
The School Information Regulations prescribe the information that must be published by local authorities and schools in a school prospectus.
Not all children have attended school throughout the year and many pupils and teachers have worked and studied remotely for periods of time. The Welsh Government considers that this is likely to have a negative impact on the quality of some of the data regulated by the School Information Regulations. As such, the Welsh Government considers that the data on pupil absences is particularly affected and should not be published in a school prospectus. Regulation 3 of these Regulations disapplies the obligation on a school governing body to include data relating to pupil absences in any school prospectus for the 2021-2022 school year.
Parent Act: Education Act 1996; Education Act 2002
Date Made: 23 February 2022
Date Laid: 25 February 2022
Coming into force date: 01 April 2022
Statutory Instruments with Clear Reports
14 March 2022
SL(6)166 – The Crime and Disorder Act 1998 (Additional Authority) (Wales) Order 2022
Procedure: Affirmative
Section 17(1) of the Crime and Disorder Act 1998 (“the Act”) requires certain authorities to have due regard to the likely effect of the exercise of their functions on, and the need to do all that they reasonably can to prevent; crime and disorder, the misuse of drugs, alcohol and other substances, and reoffending in their respective areas.
Section 17(2) of the Act lists the authorities that are liable to comply with section 17(1). This Order amends section 17(2) to add Corporate Joint Committees (“CJCs”) established under Part 5 of the Local Government and Elections (Wales) Act 2021 to the list of authorities.
As a result of this Order, CJCs will need to have due regard to the likely effect of the exercise of their functions on, and the need to do all that they reasonably can to prevent; crime and disorder, the misuse of drugs, alcohol and other substances and reoffending in their respective areas.
The Order forms part of the suite of legislation that will underpin all CJCs and put in place the necessary legislative framework for effective administration and governance of a CJC.
Parent Act: Crime and Disorder Act 1998
Date Made:
Date Laid:
Coming into force date: 25 March 2022
Statutory Instruments with Clear Reports
14 March 2022
SL(6)168 – The Corporate Joint Committees (General) (Wales) Regulations 2022
Procedure: Affirmative
These Regulations make a number of provisions in relation to Corporate Joint Committees established under Part 5 of the Local Government and Elections (Wales) Act 2021. These Regulations form part of a package of instruments which underpin the establishment of Corporate Joint Committees and which seek to ensure that Corporate Joint Committees are subject to the same administrative and governance requirements as local government.
Corporate Joint Committees are corporate bodies, established via regulations. There are currently four Corporate Joint Committees established in Wales: the Mid Wales Corporate Joint Committee, the North Wales Corporate Joint Committee, the South West Wales Corporate Joint Committee and the South East Wales Corporate Joint Committee.
This is the third set of Corporate Joint Committee General Regulations. Together these regulations form a package of standalone provision and amendments to legislation that underpins all Corporate Joint Committees and establishes the legislative framework necessary for the effective administration and governance of a Corporate Joint Committee.
The provisions within these Regulations:
· apply Part 3 of the Local Government Act 2000 to Corporate Joint Committees. Under this Part (and further regulations made under it) any member of a Corporate Joint Committee and any person appointed to a sub-committee of the Corporate Joint Committee and entitled to vote on matters to be decided by that sub-committee will be required to comply with the code of conduct adopted by the Corporate Joint Committee. The amendments also provide that allegations of non-compliance with the code of conduct are investigated by the Public Service Ombudsman for Wales and decided by the Adjudication Panel for Wales.
· apply sections 92 (payments in cases of maladministration etc.) and 101 (indemnification of members and officers) of the Local Government Act 2000 to Corporate Joint Committees.
· amend each set of regulations establishing the four existing Corporate Joint Committees so as to make provision about the appointment of substitute members in the event that a council or National Park authority member is unable to act as a member for any reason (including suspension under the Local Government Act 2000).
· make provision about the commercial activities of a Corporate Joint Committee.
· make provision about other financial matters including a requirement for the four existing Corporate Joint Committees to maintain a general fund, functions in respect of specific types of contract, and insurance conferred on Corporate Joint Committees generally.
· make provision about the rights of a Corporate Joint Committee to bring and defend legal proceedings.
· make provision applying protections from personal liability to members and members of staff and conferring powers on a Corporate Joint Committee to indemnify staff.
· make provision about keeping of records by a Corporate Joint Committee and service of notices and documents to and by a Corporate Joint Committee.
· make general provision about staffing such as rights of staff to certain leave and allowances.
· make a number of miscellaneous and consequential provisions which largely extends existing provision in respect of local authorities to Corporate Joint Committees: in particular, provision disqualifying holders of certain paid positions for being appointed as members of Corporate Joint Committees and also provision applying Part 2 of the Local Government (Wales) Measure 2011 (rights to family absence) to members of Corporate Joint Committees.
Parent Act: Local Government and Elections (Wales) Act 2021
Date Made:
Date Laid:
Coming into force date: 06 May 2022