Constitution

The CJC has the following functions:

• Economic well-being (section 76 of the Local Government and Elections (Wales) Act 2021)
• Regional Transportation Policies (section 108(1)(a) and (2A)(a) of Part 2 of the Transport Act 2000 and PART 2 of the Transport Act 2000)
• Strategic Land Use Planning (Part 6 of the Planning and Compulsory Purchase Act 2004)

Subject to compliance with all legislative obligations, the CJC may do anything to facilitate, or which is incidental to, the exercise of its functions.

The members of the CJC are:

• the 4 executive leaders of
  • Carmarthenshire County Council
  • Neath Port Talbot County Borough Council
  • Pembrokeshire County Council
  • The City and County of Swansea
• The Bannau Brycheiniog National Park Authority member , and
• The Pembrokeshire Coast National Park Authority member

The members are entitled to vote in relation to any matter to be decided by the CJC, except that the representatives of the Bannau Brycheiniog National Park Authority and Pembrokeshire Coast National Park Authority (together the “NPAs”) member may only vote where the matter to be decided is about strategic planning functions (including governance and budget issues associated with the strategic planning functions), unless the CJC extend the NPA membership of the CJC to include other functions.

Where an executive leader is, for any period, unable to discharge their functions, the constituent council of which they are a member must appoint another member of its executive to discharge those functions on behalf of the council member for that period.

Where a constituent council has a vacancy in a relevant office, the constituent council must appoint another member of its executive as the council member of the CJC until such time as the vacancy is filled.

Where a CJC member is, for any period, unable to discharge their functions, the constituent council of which they are a member must appoint another member of its executive to discharge those functions on behalf of the CJC member for that period.

Where a constituent council has a vacancy in a relevant office, the constituent council must appoint another member of its executive as the council member of the CJC until such time as the vacancy is filled.

The office holders who are eligible (the “Office Holders”) to be the
Bannau Brycheiniog NPA member or the Pembrokeshire Coast NPA member are:

• the chair,
• the deputy chair, or
• the chair of a committee with responsibility for planning matters
  as may be established by either authority.

Where the Bannau Brycheiniog NPA member or the Pembrokeshire Coast NPA member is, for any period, unable to discharge their functions, the authority must appoint one of the other eligible office holders to discharge those functions for that period.

The Bannau Brycheiniog NPA member or the Pembrokeshire Coast NPA member, as the case may be, may act as a member only in relation to the strategic planning functions or any function of the CJC that is ancillary or incidental to those functions.

The Bannau Brycheiniog NPA member or the Pembrokeshire Coast NPA member, as the case may be, may also act as a member in relation to any other function of the CJC if:

• the constituent councils and the Bannau Brycheiniog NPA member or the Pembrokeshire Coast NPA member (as the case may be) agree, or
• the Bannau Brycheiniog NPA member or the
  Pembrokeshire Coast NPA member (as the case may be) is permitted, or required, to act in relation to that function by virtue of express legal provision.

Any such agreement must specify the terms on which the Bannau Brycheiniog NPA member or the Pembrokeshire Coast NPA member (as the case may be) may act in relation to the function concerned, including specifying the period for which the Bannau Brycheiniog NPA member or the Pembrokeshire Coast NPA member are to act, and whether the Bannau Brycheiniog NPA member or Pembrokeshire Coast NPA member are entitled to vote in relation to the function.

The CJC may co-opt one or more individuals as members of the CJC (a “Co-opted Member”) on such terms as it determines and annexed to this Article 2 at Appendix 1.

Those terms must (a) specify the functions of the CJC in relation to which the Co-opted Member may act as a member of the CJC, (b) be agreed by the Co-opted Member and the other members, and (c) be set out in a co-option agreement.

A Co-opted Member is co-opted for a period specified in the cooption agreement, or until the Co-opted Member resigns from the CJC.

A co-option agreement may be varied at any time and must be
published electronically by the CJC.

No member of a CJC shall be entitled to any additional remuneration as a result of membership of the CJC but any expenses incurred in attendance or participation shall be met by the CJC.

The CJC must hold an annual general meeting in each financial year on a date to be determined by the CJC.

The CJC and any of its sub-committees may hold other meetings on a quarterly basis or at a frequency of their choosing.

An extraordinary meeting of the CJC may be called at any time by any person entitled to vote on a matter to be decided at that meeting.

The Chair may put on the agenda of a CJC meeting any matter which he/she wishes, whether or not authority has been delegate a Sub-Committee of it or any member of officer in respect of that matter.

Any member of the CJC may request inclusion of an item on the agenda of the next available meeting of the executive forconsideration. Officers of the CJC will also identify and report on items for meetings of the CJC

Meetings shall be conducted in accordance with the Procedural Rules.

No decision shall be made in relation to the funding of the budget requirement or the adoption of an alternative voting procedure unless all of the persons entitled to vote are present. In all other business matters, the quorum shall be no fewer than 70% of the persons entitled to vote being present.

Each CJC Member shall be entitled to one vote per Constituent Council or National Park Authority (where the matter relates to the strategic planning functions). The Chair shall NOT have a casting vote (save for strategic planning matters) and in the event of a tie the matter is deemed to have not been passed.

The Chief Executives (or any so officers nominated by them) of Constituent Councils and National Park Authorities shall be entitled to attend meetings of the CJC in an advisory capacity, irrespective of whether the meeting is to be considered in public or private.

Any member of a Constituent Council or National Park Authority may also as of right (subject to any relevant Code provisions) attend in respect of a particular item (or items) of interest/concern with prior notification to the Chief Executive and Chair. The Member may speak, but not move second or amend a motion. The attendance in the latter context is not meant to relate to attendance and participation for all or most of the items on the agenda, and if such a request is made, the decision on attendance shall rest with the CJC.

The CJC will have the Overview and Scrutiny Sub Committee set out in this Constitution with the roles and terms of reference as set out therein and will appoint to them as it considers appropriate from time to time. Such a Committee may appoint sub-committees.

References in these procedure rules to an Overview and Scrutiny Sub Committee and include any sub-committees or working groups of such Committees.

No members of the CJC may be members of a Scrutiny Committee.

The quorum for the Overview and Scrutiny Sub-Committee shall be at least 4 members of which there must be one from each constituent Council.

Each Overview and Scrutiny Sub Committee shall be entitled to recommend to CJC the appointment of a number of people as nonvoting co-optees.

Unless otherwise agreed by the Chair and Vice Chair there shall be at least 4 ordinary meetings of each Overview and Scrutiny Sub Committee in each year. In addition, extraordinary meetings may be called from time to time by the Chief Executive in consultation with the Chair.

An extraordinary meeting of the Overview and Scrutiny Sub Committee may be called by the Chair of the Committee, by any 5 members of the Committee giving written notice of a requisition to the Chief Executive or by the Chief Executive if they consider it necessary or appropriate.

The Chair of an Overview and Scrutiny Sub Committee shall be appointed to that Committee by the members of that Scrutiny Committee. The chair shall not be from the authority that hosts the Joint Scrutiny function or from the Chair of the CJC.

Where the Chair is appointed by the Chairman and Overview and Scrutiny Sub Committee itself the appointment shall be made by simple resolution of the Committee.

Where there has been a failure to make appointment of Committee Chairs under Section 70 of the Local Government (Wales) Measure 2011 the appointment falls to be made by the Overview and Scrutiny Sub Committee under Section 71(5) and (6) of the Measure.

The functions of an Overview and Scrutiny Committees are:

• To review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the CJC;
• To make reports or recommendations to the authority or the
  executive with respect to the discharge of any functions which are the responsibility of the CJC;
• To make reports or recommendations to the CJC on matters
  which affect the CJC or the inhabitants of that CJC area (insofar as the CJC is not, or CJC is not, under a duty to do those things by virtue of Section 22A of the Local Government Act 2000;

The Overview and Scrutiny Sub-Committee will be responsible for setting its own work programme and in doing so it shall take into account the wishes of members on that Committee.

The Scrutiny Committees shall comply with regulations made by Page 23 of 64 the Welsh Ministers in relation to the provision of prescribed information about the exercise of Scrutiny functions.

Any member of an Overview and Scrutiny Sub-Committee shall be entitled to give 8 clear working days written notice before the date of the next meeting to the Chief Executive that he/she wishes an item relevant to the functions of the Committee or Sub-Committee to be included on the agenda for, and be discussed at, a meeting of the Committee or Sub-Committee.

On receipt of such a request, the Chief Executive shall ensure that it is included on the agenda for the next or subsequent meeting (the determination as to which meeting to rest with the Committee Chair).

Any elected member of the CJC constituent councils who is not a member of an Overview and Scrutiny Sub-Committee may give 8 working days written notice before the date of the next meeting to the Chief Executive that he/she wishes a matter which is relevant to the functions of the Overview and Scrutiny Sub-Committee to be included on the agenda of the Overview and Scrutiny Sub-Committee. If the Chief Executive receives such a notification, then it will be included on the agenda for the next or a subsequent meeting (the determination as to which meeting to rest with the Overview and Scrutiny Sub-Committee Chair). Such member may then attend the Committee to speak, but not vote, nor move, second or amend any motion on that item.

In exercising his or her power to give notice requiring an item to be placed on an agenda under paragraph 8.3 the member must have regard to any guidance issued by the Welsh Ministers. 8.5 A “CJC” matter means a matter:

• Which relates to the discharge of any function of the CJC; or
• Affects all or part of the electoral area for which the Member is elected or any person who lives or works in that area.
• and in either case is not an “excluded matter”.

An “excluded matter” is a matter which comes under Section 19 of the Police and Justice Act 2006 or a matter of a description specified by order of the Welsh Ministers.

When a Overview and Scrutiny Sub Committee has considered a requisition to place an item on the agenda of a Committee under paragraph 8.3 above, the Member(s) concerned shall be advised of the outcome of the Sub-Committee’s deliberations.

Any non-Sub-Committee Member may also as of right (subject to any relevant Code provisions) attend in respect of a particular item (or items) of interest/concern with prior notification to the Chief Executive and Chair. The Member may speak, but not move second or amend a motion. The attendance in the latter context is not meant to relate to attendance and participation for all or most of the items on the agenda, and if such a request is made, the decision on attendance shall rest with the Sub-Committee.

The agenda of the Overview and Scrutiny Sub Committee may include a schedule of forthcoming or other CJC issues, and any member of the Committee is entitled to raise any of those issues at the meeting.

The Overview and Scrutiny Sub-Committees shall also respond, as their work programme permits, to requests from the CJC and if it considers it appropriate the executive, to review particular areas of CJC activity. Where they do so, the Overview and Scrutiny Sub Committee shall report their findings and any recommendations back to the CJC and/or executive.

The CJC has the responsibility for proposing the annual budget, and the policies under the policy framework to the CJC.

In relation to the development of other matters not forming part of its policy and budget framework, Overview and Scrutiny Sub Committee or Sub-Committees may make proposals to the executive for developments in so far as they relate to matters within their terms of reference, but there shall be consultation with the executive to avoid any duplication of work.

Scrutiny Committees may hold enquiries and investigate the available options for future direction in policy development and may appoint advisers and assessors to assist them in this process. They may go on site visits, conduct public surveys, hold public meetings, commission research and do all other things that they reasonably consider necessary to inform their deliberations. They may ask witnesses to attend to address them on any matter under consideration and may pay to any advisers, assessors and witnesses a reasonable fee and expenses for doing so.

Once it has formed proposals for development, the Overview and Scrutiny Sub Committee shall submit these for consideration by the CJC (if the proposals are consistent with the existing budgetary and policy framework), or to the CJC as appropriate (e.g. if the recommendation would require a departure from or a change to the agreed budget and policy framework). These recommendations shall be considered at the next available meeting of the executive or the CJC, or at such later meeting with the agreement of the Chairman and Vice Chairman of the Committee, or CJC, as the case may be.

If a Overview and Scrutiny Sub Committee cannot agree on one single proposal to the CJC as appropriate, then up to one minority proposal may be prepared and submitted for consideration by the CJC or executive with the majority proposal.

Scrutiny Committees will have access to the CJCs forward work programme for decisions and intentions for consultation. Even where an item is not the subject of detailed proposals from a Overview and Scrutiny Sub Committee following a consideration of possible policy/service developments, the committee will be able to respond in the course of the executive’s consultation process.

Both the CJC and Overview and Scrutiny Sub Committee shall draw up co-ordinated work programmes where:

• A Overview and Scrutiny Sub Committee will consider appropriate draft policies or plans being drawn up by the CJC under the policy framework.
• A Overview and Scrutiny Sub Committee will have a direct involvement in a review of existing policies/procedures and make recommendations to the executive.
• A Overview and Scrutiny Sub Committee may be asked by the CJC to join with it in a policy development task, which may not form part of the policy and budget framework.

In addition to their rights as Councillors, elected members from constituency councils of the Overview and Scrutiny Sub Committee have the additional right to documents, and to notice of meetings as set out in the Access to Information Procedure Rules. The same shall apply to the NPAs.

Nothing in this paragraph prevents more detailed liaison between the CJC and Overview and Scrutiny Sub Committee as appropriate depending on the particular matter under consideration.

The Overview and Scrutiny Sub Committee may scrutinise and review decisions made or actions taken in connection with the discharge of any CJC functions. As well as reviewing documentation in fulfilling the scrutiny role, it may require any other member of the CJC or Officers of the CJC to attend before it to explain in relation to matters within their remit:

• Any particular decisions or proposed decisions or series of decisions; and/or
• The extent to which the actions taken implement CJC policy; and/or
• Their performance and it is the duty of those persons to attend if so required.

Where any member or officer is required to attend a Overview and Scrutiny Sub Committee under this provision, the chair of that Committee will inform the Chief Executive who shall inform the member or officer in writing giving at least 8 clear working days’ notice of the meeting at which he/she is required to attend. The notice will state the nature of the item on which he/she is required to attend to give account and whether any papers are required to be produced for the committee. Where the account to be given to the committee will require the production of a report, then the member or officer concerned will be given sufficient notice to allow for preparation of that documentation.

Where, in exceptional circumstances, the member or officer is unable to attend on the required date then the Overview and Scrutiny Sub Committee shall in consultation with the member or officer arrange an alternative date for attendance.

It is ultimately the CJC members which will be required to answer questions about its policies and decisions. Officers contributions should as far as possible be confined to questions of fact and explanation relating to policies and decisions, though they can be asked to explain and give reasons for decisions they themselves have taken under delegated authority.

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There would also be attendance by the relevant CJC members as a standing arrangement on policy, budget or other forthcoming issues, in order to provide evidence and information for the Scrutiny Committee, and to ensure the “executive” and “scrutiny” works constructively and inclusively together in the best interests of the CJC and its communities.

In particular CJC Members may attend any meeting of a Overview and Scrutiny Sub Committee which is undertaking pre-scrutiny of any proposed executive decision.

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A Overview and Scrutiny Sub Committee may invite people other than those people referred to in paragraph 12 above to address it, discuss issues of local concern and/or answer questions. It may for example wish to hear from residents, stakeholders and members and officers in other parts of the public sector and shall invite such people to attend. Attendance is entirely voluntary.

A Overview and Scrutiny Sub Committee shall make arrangements to enable all persons who live or work in the area of the CJC to bring to the attention of the Committee their views on any matter under consideration by the Committee.

These arrangements shall include the publication on the CJC’s website of the forward work programme of the Committee and any agenda for a meeting of the Committee and or the publication of the agenda in accordance with the statutory rules contained in the Local Government Act 1972 and Local Government and Elections (Wales) Act 2021.

Persons who live or work in the CJC’s area may submit written representations on any matter under consideration by the Committee by submission to the Chief Executive up until one working day before any relevant meeting of the Committee and these representations shall be reported to the Committee either in full or in summary at the discretion of the Chair. Where matters relate to the strategic planning function additional provisions may require consideration in accordance with those legislative requirements.

In making any report or recommendations the Committee shall comply with Section 21F of the Local Government Act 2000.

The Chief Executives (or any so officers nominated by them) of Constituent Councils and National Park Authorities shall be entitled to attend meetings of the Overview and Scrutiny Sub-Committee in an advisory capacity, irrespective of whether the meeting is to be considered in public or private.

When a decision is made by the CJC, a committee of the CJC or an individual member of the CJC, a summary of the decision shall be circulated by the Chief Executive (normally within 2 days of the decision being made and where possible by electronic means) to all members of the relevant Overview and Scrutiny Sub Committee(with copies to all other members of CJC).

That notice containing the decision summary will bear the date on which it is published and will specify that the decision will come into force, and may then be implemented, on the expiry of 3 calendar days after the publication of the decision, unless the Overview and Scrutiny Sub-Committee, or the requisite number of members thereof (referred to in paragraph 14.3 below) objects to it and calls it in.

Except as provided in Paragraph 14.11 if the Chief Executive shall receive during the call in period a request:

• by virtue of a decision of a relevant Scrutiny Committee, or
• by three or more members of a relevant Overview and Scrutiny Sub Committee together with the Chair (or in the absence of the Chair the Vice Chair), or
• by one third or more of the Members of a relevant Scrutiny Committee

The Chief Executive shall convene a meeting of the relevant Overview and Scrutiny Sub Committee on such date as it agreed with the Chair (or Vice Chair in the absence of the chair) (but in any case not later than seven working days of the decision or request for call in.

Where it is not possible in the time available for the requisite number of members to call-in the decision, the Chair (or in absence the Vice Chair) may allow the call-in if it is considered that the circumstances so warrant a call-in.

For the purposes of Paragraph 14.3 a member for the above purposes shall be a voting member of the Overview and Scrutiny Sub Committee.

Having considered the decision, the Overview and Scrutiny Sub Committee may refer it back to the decision making body or person for reconsideration, setting out in writing the nature of its concerns or refer the matter to full CJC. If referred to the decision maker, that body or person shall then reconsider within a further 10 working days (or such other time as may be agreed the decision maker with the Chair – or in absence Vice Chair – of the Scrutiny Committee) amending the decision or not, before adopting a final decision.

If following the call-in, the Overview and Scrutiny Sub Committee decides not to refer the matter back to the decision making body or person; the decision shall take effect on the date of the Scrutiny Meeting.

If the matter was referred to full CJC and the CJC does not object to a decision which has been made, then no further action is necessary and the decision will be effective in accordance with the provision below. However, if the CJC does object, the CJC will refer any decision to which it objects back to the decision making person or body, together with the CJC’s views on the decision. That decision making body or person shall choose whether to amend the decision or not before reaching a final decision and implementing it. Where the decision was taken by the executive as a whole or a committee of it, a meeting will be convened to reconsider within 10 working days of the CJC request. Ultimately, a decision which is within the definition of executive functions, and which is in accordance with the policy and financial framework agreed by the CJC, will be one for the executive to take.

If the CJC does not refer the decision back to the decision making body or person, the decision will become effective on the date of the CJC meeting.

There can only be one call-in of the particular executive decision. If the decision is reconsidered by the decision maker under the procedures above, the decision then made after reconsideration shall be final and may be implemented immediately.

The call in procedures above shall not apply in the following cases:

• Where the decision being taken by the CJC is urgent. A decision will be urgent if any delay likely to be caused by the call-in process would prejudice the interests of the CJC or the public interest. The formal record of the decision, and the summary sent to Scrutiny members shall state the opinion of the decision making body that the decision is an urgent one, and therefore not subject to call-in. The other provisions in the Access to Information Rules shall apply to the decision record. However, the decision may only be taken if the chair of the relevant Overview and Scrutiny Sub Committee(or in absence the Vice Chair) decides to allow the decision to proceed for implementation as a matter of urgency. Decisions taken as a matter of urgency must be reported to the next available meeting of the relevant Scrutiny Committee.
• In respect of Officers executive decisions under their delegated urgency powers. A decision will be urgent if any delay likely to be caused by the call-in process would prejudice the interests of the CJC or the public interest. The formal record of the decision shall state the opinion of the officer that the decision shall state the opinion of the officer that the decision is an urgent one, and therefore not subject to call-in. The other provisions of the Access to Information Rules shall apply to the decision record. However, the decision may only be taken if the chair of the relevant Overview and Scrutiny Sub Committee(or in the absence the Vice Chair) decides to allow the decision to proceed for implementation as a matter of urgency. Where an Officer takes a decision under his delegated urgency powers there shall be consultation and in respect of the decision with the CJC Chair Decisions taken as a matter of urgency must be reported to the next available meeting of the CJC and the Overview and Scrutiny Sub Committee The urgency action shall include the standard compliance statement.
• In respect of other (non-urgency) Officer decisions under delegated powers.
•  Where the CJC take a decision, implementation of which is deferred pending consultation with the relevant Overview and Scrutiny Sub Committee and whereby subsequently there are no objections or alternative proposals raised at the Committee under that consultation process by a majority of the Committee members present. On this basis, the call-in procedure will not apply to the executive decision which can be implemented immediately following the Scrutiny meeting. However, if there are any objections or alternative proposals by a majority of the Committee members present, the matter will be referred back to CJC to consider those views.
• Where the CJC, a Committee of the CJC or an officer take an decision which is contrary to the CJC’s policy framework or contrary to or not wholly in accordance with the budget approved by full CJC if the decision is a matter of urgency. A decision will be urgent if any delay likely to be caused by the call-in process would prejudice the CJC’s or the publics’ interests. However, the decision may only be taken if it is not practical to convene a quorate meeting of the full CJC; and if the chair of the relevant Overview and Scrutiny Sub Committee decides to allow the decision to proceed for implementation as a matter of urgency. Where an Officer takes a decision here under his delegated urgency powers, there shall be consultation in respect of the decision with the CJC Chair (or in the absence of either or both, any two CJC members). The reasons why it is not practical to convene a quorate meeting of full CJC and the agreement to allow the decision to proceed for implementation as a matter of urgency must be noted on the record of the decision. Following the decision, the decision taker will provide a full report to the next available CJC meeting explaining the decision, the reasons for it and why the decision was treated as a matter of urgency.

Members who have requested that a decision be called in shall be advised of the outcome of that call-in.

Section 78(1) of the Local Government (Wales) Measure 2011 provides that a Member of an Overview and Scrutiny Sub Committee must not vote on a question at a meeting of that Committee if before the meeting the Member has been given a party whip relating to the question (known as prohibited party whip) where they are a member of a political party.

The statutory definition of a party whip is reproduced at paragraph 15.6.

Any vote is given in breach of the rule declared in paragraph 15.1 must be disregarded.

It is for the person chairing the meeting of the Overview and Scrutiny Sub Committee to determine whether a member of the Committee has been given a prohibited party whip in relation to the meeting.

At each meeting of a Overview and Scrutiny Sub Committee each Member must declare any prohibited party whip which the Member has been given in relation to the meeting and the minutes of the meeting shall record all such declarations.

The definition of party whip in Section 81(10) of the Local Government (Wales) Measure 2011 is: “party whip means an instruction (however expressed) which:

• is given on behalf of a political group on a local authority;
• is given to a person (P) who is:-
  • a member of the political group, and
  • a member of a Overview and Scrutiny Sub Committee of the Local Authority;
• is an instruction as to how P should vote on a question falling to be decided by the committee; and
• if not complied with by P, would be likely to make P liable to disciplinary action by the political group which gives the instruction;

“political group” means a group of members of a local authority that is a political group for the purposes of Part 1 of the Local Government and Housing Act 1989.”

Scrutiny Committees and sub-committees shall consider the following business:-

• Minutes of the last meeting;
• Consideration of any matter referred to the committee for a decision in relation to call-in of a decision;
• Responses of the executive to proposals of the Scrutiny Committee; and, in the case of the committee designated with the powers contained in Section 35 of the Well-being of Future Generations (Wales) Act 2015, and
• the business otherwise set out on the agenda for the meeting.

Where the Overview and Scrutiny Sub Committee conducts investigations (e.g. with a view to policy development), the committee may also ask people to attend to give evidence at committee meetings which are to be conducted in accordance with the following principles:

• That the investigation is conducted fairly and all members of the committee be given the opportunity to ask questions of attendees, and to contribute and speak;
• That those assisting the committee by giving evidence be treated with respect and courtesy; and
• That the investigation be conducted so as to maximise the efficiency of the investigation or analysis.

Following an investigation or review, the committee/sub-committee shall prepare a proposal for submission to the executive and/or CJC as appropriate, and shall make its proposal and findings public.

No member may be involved in scrutinising a decision in which he/she has been directly involved and the Members Code of Conduct rules will be applicable here.

In publishing any report recommendation or responses a Overview and Scrutiny Sub Committee shall comply with the provisions of Section 21D of the Local Government Act 2000.

To fulfil the role of the Governance and Audit Committee as
defined in the Local Government and Elections (Wales) Act 2021.

The core responsibilities of the Governance and Audit Committee Sub-Committee is to provide oversight of a range of core governance and accountability arrangements, responses to the recommendations of assurance providers and helping to ensure robust arrangements are maintained. The Governance and Audit Committee Sub-Committee have specific responsibilities for the Corporate Joint Committee, which include:

Maintenance of Governance, Risk and Control Arrangements

• Support a comprehensive understanding of governance across the Corporate Joint Committee and among those charged with governance, fulfilling the principles of good governance.
• Consider of the effectiveness of the Corporate Joint Committee’s risk management arrangements. The Governance and Audit Committee Sub-Committee should understand the risk profile of the Corporate Joint Committee and seek assurances that active arrangements are in place on risk related issues, for both the Corporate Joint Committee and its collaborative arrangements.
• Monitor the effectiveness of the system of internal control, including arrangements for financial management, ensuring value for money, supporting standards and ethics and managing the Corporate Joint Committee’s exposure to the risks of fraud and corruption.

Financial and Governance Reporting

• Be satisfied that the Corporate Joint Committee’s accountability statements, including the annual governance statement, properly reflect the risk environment, and any actions required to improve it, and demonstrate how governance supports the achievement of the Corporate Joint Committee’s objectives.
• Support the maintenance of effective arrangements for financial reporting and review the statutory statements of account and any reports that accompany them.

Establishing appropriate and effective arrangements for audit and assurance

• Consider the arrangements in place to secure adequate assurance across the Corporate Joint Committee’s full range of operations and collaborations with other entities.
• In relation to the Corporate Joint Committee’s internal audit functions;
• Oversee its independence, objectivity, performance, and conformance to professional standards.
• Support effective arrangements for internal audit.
• Promote the effective use of internal audit within the assurance framework.
• Consider the opinion, reports and recommendations of external audit and inspection agencies and their implications for governance, risk management or control, and monitor management action in response to the issues raised by external audit. 
• Contribute to the operation of efficient and effective external audit arrangements, supporting the independence of auditors and promoting audit quality.
• Support effective relationships between all providers of assurance, audits and inspections, and the Corporate Joint Committee, encouraging openness to challenge, review and accountability. 

Following the Local Government and Elections (Wales) Act 2021, the South West Wales Corporate Joint Committee were required to appoint a Governance and Audit Sub-Committee to discharge the following functions.

• Review and scrutinise the Corporate Joint Committee’s financial affairs, including approval of the Annual Statement of Accounts;
• Make reports and recommendations in relation to the Corporate Joint Committee’s financial affairs;
• Review and assess the risk management, internal control and corporate governance arrangements of the Corporate Joint Committee;
• Make reports and recommendations to the Corporate Joint Committee on the adequacy and effectiveness of those arrangements;
• Oversee the Corporate Joint Committee’s internal and external audit arrangements, including internal and external work plans, receive, review and make reports on audit work and performance.
• Review the financial statements prepared by the Corporate Joint Committee.

The Governance and Audit Sub-Committee’s Procedural Rules are set out below.

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The Corporate Joint Committee is required to have a Governance and Audit Sub-Committee with its roles and terms of reference as set out herein.

There is no provision in the Local Government (Wales) Measure 2011 to allow the Governance and Audit Sub-Committee to form a sub-committee.

The membership of the Governance and Audit Sub-Committee shall be appointed by the Corporate Joint Committee subject to the following rules;

• There shall be 12 members of the Governance and Audit SubCommittee (comprising 2 members from each constituent Council);
• At least four members of the Governance and Audit SubCommittee shall be a voting lay member who is not a member of a County Council, or County Borough Council in Wales.
• No members of the Governance and Audit Sub-Committee shall be a member of the Corporate Joint Committee, a co-opted member or member of another sub-committee of the Corporate Joint Committee.
• Members of the executive of constituent Councils are not to be a member of the Governance and Audit Sub-Committee.

The Governance and Audit Sub-Committee is entitled to recommend to the Corporate Joint Committee the appointment of a number of people as voting members.

A Governance and Audit Sub-Committee is to appoint a member of the Governance and Audit Sub-Committee as its Chair and Vice-Chair. The member appointed as Chair must be a lay person but in the event of the Chair being unable to attend another Governance and Audit Sub-Committee member shall be voted in as the Chair for the purposes of that meeting alone.

Unless otherwise agreed by the Chair and Vice-Chair there shall be at least four ordinary meetings of the Governance and Audit Sub-Committee in each year. In addition, extraordinary meetings may be called from time to time as and when appropriate.

An Extraordinary Meeting of the Governance and Audit SubCommittee shall be convened in the following circumstances;

• The Chair of the Governance and Audit Sub-Committee so requires it, or
• The full Corporate Joint Committee resolves that the Governance and Audit Sub-Committee shall meet; or
• At least one third of Members of the Governance and Audit Sub-Committee requisition a meeting by giving one or more notices in writing to the Chair, or
• If the Chief Executive or the Chief Finance Officer consider it necessary and appropriate.

The quorum for the Governance and Audit Sub-Committee shall be four members with at least one member present from each constituent Council and a least one lay member.

The Governance and Audit Sub-Committee will be responsible for setting its own work programme and in doing so it shall take into account the wishes of members on that Sub-Committee who are not members of the largest political group on the Corporate Joint Committee.

Any member of the Governance and Audit Sub-Committee shall be entitled to give written notice to the Chief Executive at least 8 clear working days before the date of the next meeting that he/she wishes an item relevant to the functions of the Committee to be included on the agenda for, and be discussed at, a meeting of the Committee;

On receipt of such a request, the Chief Executive shall ensure that it is included on the agenda for the next or subsequent meeting (the determination as to which meeting rests with the Committee Chair);

Any member of the Corporate Joint Committee may give written notice to the Chief Executive at least 8 working days before the date of the next meeting that he/she wishes a matter which is relevant to the functions of the Sub-Committee to be included on the agenda of the Governance and Audit Sub-Committee;

If the Chief Executive receives such a notification, then he/she shall include the item on the agenda for the next or a subsequent meeting (the determination as to which meeting to rest with the Sub-Committee Chair). Such member may then attend the Sub Committee to speak, but not vote, nor move, second or amend any motion on that item;

Any Member of the Corporate Joint Committee may request to and by agreement of the Sub-Committee Chair (subject to any relevant Code provisions) attend in respect of a particular item (or items) of interest. The Member may speak, but not move, second or amend a motion. The attendance shall relate to the particular item (or items) on the agenda;

When the Governance and Audit Sub-Committee has considered a requisition to place an item on the agenda of the Sub-Committee under paragraph 9.3 above, the Member(s) concerned shall be advised of the outcome of the Sub-Committee’s deliberations;

The Governance and Audit Sub-Committee shall also respond, as their work programme permits, to requests from the Corporate Joint Committee, to review particular areas of Corporate Joint Committee activity relevant to the function of the Sub-Committee. Where they do so, the Governance and Audit Sub-Committee shall report their findings and any recommendations back to the Corporate Joint Committee.

In relation to the development of other matters not forming part of its policy and budget framework, the Governance and Audit SubCommittee may make proposals to the executive for developments in so far as they relate to matters within their terms of reference, but there shall be consultation with the Corporate Joint Committee

If the Governance and Audit Sub-Committee cannot agree on one single proposal to the Corporate Joint Committee as appropriate, then one minority proposal may be prepared and submitted for consideration by the Corporate Joint Committee together with the majority proposal.

The Governance and Audit Sub-Committee is subject to Part 5A of the Local Government Act 1972 (access to meetings and documents).

In addition to their rights as Councillors, members of the Governance and Audit Sub-Committee have the additional right to documents, and to notice of meetings as set out in the Access to Information Procedure Rules.

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The Governance and Audit Sub-Committee:-

1. May require members and officers of the Corporate Joint Committee to attend before it to answer questions, and
2. May invite other persons to attend meetings of the SubCommittee.

It is the duty of any member or officer of the Corporate Joint Committee to comply with any requirement imposed under paragraph 12.1 (a).

A person is not obliged by paragraph 12.2 to answer any question which the person would be entitled to refuse to answer in, or for the purposes of, proceedings in a court in England and Wales.

Where any member or officer is required to attend a Governance and Audit Sub-Committee under this provision, the Sub-Committee Chair will inform the Chief Executive who shall inform the member or officer in writing giving at least 8 clear working days’ notice of the meeting at which he/she is required to attend. The notice will state the nature of the item on which he/she is required to attend to give account and whether any papers are required to be produced for the Sub-Committee. Where the account to be given to the SubCommittee will require the production of a report, then the member or officer concerned will be given sufficient notice to allow the preperation of that document.

Where, in exceptional circumstances, the member or officer is unable to attend on the required date then the Sub-Committee Chair shall in consultation with the member or officer arrange an alternative date for attendance.

It is ultimately the Corporate Joint Committee members which will be required to answer questions about policies and decisions. Officer contributions should as far as possible be confirmed to questions of fact and explanation relating to policies and decision, though they can be asked to explain and give reasons for decisions they themselves have taken under delegated authority.

The Chief Executives (or any so officers nominated by them) of constituent Councils and National Park Authorities shall be entitled to attend meetings of the Governance and Audit Sub-Committee in an advisory capacity, irrespective of whether the meeting is to be considered in public or private.

The Governance and Audit Sub-Committee shall consider the following business:-

1. Minutes of the last meeting.
2. Consideration of any matter referred to the Sub-Committee.
3. Responses of the executive to proposals of the Governance and Audit Sub-Committee; and
4. The business otherwise set out on the agenda for the meeting.

Where the Governance and Audit Sub-Committee conducts investigations (e.g. with a view to policy development), the SubCommittee may also ask people to attend to give evidence at SubCommittee meetings which are to be conducted in accordance with the following principles:

1. That the investigation is conducted fairly and all members of the Sub-Committee be given the opportunity to ask questions of attendees, and to contribute and speak.
2. That those assisting the Sub-Committee by giving evidence be treated with respect and courtesy; and
3. That the investigation be conducted so as to maximise the efficiency of the investigation or analysis.

Following any investigation or review, the Governance and Audit Sub-Committee shall prepare a proposal for submission to the executive and/or Corporate Joint Committee as appropriate, and shall make its proposals and findings public.

All members of the Governance and Audit Sub-Committee are entitled to vote on any question which follows to be decided by the Sub-Committee.

The Governance and Audit Sub-Committee must have regard to
any guidance given by the Welsh Ministers under Section 85(1) Local Government (Wales) Measure 2011.

General

The CJC may engage such staff (referred to as officers) as it considers necessary to carry out its functions. The use of the word “officers” in this Constitution means all employees and staff engaged by the CJC to carry out its functions, including where appropriate, those engaged under agency or other non-employed situations

Chief Executive, Chief Finance Officer and Monitoring Officer

The CJC will designate the following posts as shown on an annual basis at the annual general meeting and any appointments to the statutory roles will be for the duration of the Service Level Agreement between the CJC and the relevant constituent council.

Discharge of Functions by the CJC

The Chief Executive will report to the CJC on the manner in which the discharge of the CJC’s functions is co-ordinated, the number and grade of officers required for the discharge of functions and the organisation of officers.

Restrictions on Functions

The Chief Executive may not be the Monitoring Officer but may hold the post of Chief Finance Officer if a qualified accountant.

Ensuring Lawfulness and Financial Prudence of DecisionMaking

After consulting with the Chief Executive and the Monitoring Officer, the Chief Finance Officer will report to the full CJC or to the executive in relation to an executive function and the CJC’s external auditor, if he or she considers that any proposal, decision or course of action will involve incurring unlawful expenditure, or is unlawful and is likely to cause a loss or deficiency or if the CJC is about to enter an item of account unlawfully.

Administration of Financial Affairs

The Chief Finance Officer will have responsibility for the proper financial administration and stewardship of the CJC. The statutory duties arise from:

• Section 151 Local Government Act 1972
• Local Government and Finance Act 1988
• Local Government and Housing Act 1989
• Accounts and Audit Regulations 2005

Contributing to Corporate ManagementThe Chief Finance Officer will contribute to the corporate management of the CJC, in particular through the provision of professional financial advice.

Providing Advice

The Chief Finance Officer will provide advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, probity and budget and policy framework issues to all members and will support and advise members and officers in their respective roles.

Advising whether Decisions of the Executive are within theBudget and Policy Framework

The Chief Finance Officer will advise whether decisions of the executive are in accordance with the budget and policy framework.

Give Financial Information

The Chief Finance Officer will provide financial information to the media, members of the public and the community.

Ensuring Lawfulness and Fairness of Decision Making

After consulting with the Chief Executive and Chief Finance Officer, the Monitoring Officer will report to the full CJC or to the executive in relation to an executive function if he or she considers that any proposal, decision or omission would give rise to unlawfulness or if any decision or omission has given rise to maladministration. Such a report will have the effect of stopping the proposal or decision being implemented until the report has been considered.

Supporting the Standards Sub-Committee

The Monitoring Officer will contribute to the promotion and maintenance of high standards of conduct through provision of support to the Standards Sub-Committee.

Receiving reports

The Monitoring Officer will receive and act on reports made by the Ombudsman and decisions of the case tribunals.

Conducting Investigations

The Monitoring Officer will conduct investigations into matters referred by the Ombudsman and make reports or recommendations in respect of them to the Standards SubCommittee.

Advising whether Decisions of the Executive are within the Budget and Policy Framework

The Monitoring Officer will advise whether decisions of the executive are in accordance with the budget and policy framework.

Providing Advice

The Monitoring Officer will provide advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, probity and budget and policy framework issues to all members.

Restrictions on Posts

The Monitoring Officer cannot be the Chief Finance Officer or the Chief Executive.

Appoint a Deputy Monitoring Officer

The Monitoring Officer may appoint a Deputy Monitoring Officer in accordance with Section 5(7) of the Local Government & Housing Act that shall be capable of exercising the powers of Monitoring Officer, where the Monitoring Officer is unable to act due to his/her absence or illness in respect of Section 5 of the Local Government & Housing Act 1989 and in respect of all other related functions.

Democratic Services

The Monitoring Officer shall undertake the following functions:

1. to provide support and advice to the authority in relation to its meetings
2. to provide support and advice to the CJC (and any sub-committees)
3. to provide support and advice to any joint committee which a local authority is responsible for organising and the members of that committee;
4. to promote the role of the CJC’s Overview and Scrutiny Sub Committee or committees;
5. to provide support and advice to the CJC’s Overview and Scrutiny Sub-Committee or committees and the members of that committee or those committees, an
6. to provide support and advice in relation to the functions of the CJC Overview and Scrutiny Sub-Committee or committees to each of the following:
   1. members of the CJC;
   2. officers of the CJC;
7. to provide support and advice to each member of the CJC in carrying out the role of member of the CJC
8. to make reports and recommendations in respect of any of the following:
   1. the number and grades of staff required to discharge democratic services functions;
   2. the appointment of staff to discharge democratic services functions;
   3. the organisation and proper management of staff discharging democratic services functions;
9. such other functions as may be prescribed by legislation

The CJC will provide the Chief Executive, Chief Finance Officer and the Monitoring Officer with such officers, accommodation and other resources as are in their opinion sufficient to allow their duties to be performed.

The Code of Conduct (Qualifying Local Government) (Employees) (Wales) Order 2011 shall apply to any employee of the CJC Officers will comply with the Officers’ Code of Conduct and the Protocol on Officer/Member Relations

The recruitment, selection and dismissal of officers will comply with the Officer Employment Procedure Rules

Where the CJC appoints staff they are to be appointed on terms and conditions (including terms and conditions as to remuneration) substantially similar to those of officers within a Constituent Council undertaking responsibilities which the CJC considers to be reasonably comparable. This does not prevent the CJC from modifying such terms and conditions if required by virtue of any enactment or other rule of law.

A devolved Welsh authority (within the meaning given by the Government of Wales Act 2006(7)) may enter into an agreement with the CJC for the placing of staff of the authority at the disposal of the CJC for the purposes of exercising its functions, on such terms as may be provided by the agreement.

Where a member of staff of a devolved Welsh authority is placed at the disposal of the CJC by virtue of such an agreement, the member of staff is to be treated as a member of staff of the CJC for the purposes of any enactment relating to the administration of the CJC or the exercise of its functions.

The CJC may enter into an agreement with another corporate joint committee (within the meaning given by Part 5 of the Local Government and Elections (Wales) Act 2021); OR another devolved Welsh authority (within the meaning given by the Government of Wales Act 2006), for the placing of staff of the CJC at the disposal of the other committee or the authority for the purposes of that committee or authority’s functions, on such terms as may be provided by the agreement.

Where a member of staff of the CJC is placed at the disposal of another body by virtue of such an agreement for superannuation purposes, service rendered by the member of staff is service rendered to the CJC, and for the purposes of any enactment relating to the administration of the other devolved Welsh authority or the exercise of its functions, the member of staff is to be treated as a member of staff of that authority.

No agreement may be entered into under paragraph 11.9 or 11.10 unless every member of staff to whom it relates has been consulted.

Where a member of staff appointed by the CJC has been transferred to the CJC from a constituent council, the provisions of the Transfer of Undertaking (Protection of Employment) Regulations 2006 other than regulations 4(6) and 10 apply to the transfer, whether or not it is a relevant transfer for the purposes of those regulations.

A programme board shall be established comprising representatives of Constituent Councils and National Park Authorities to oversee the strategic coordination and direction of the CJC, the authorisation and approval of programmes, projects and initiatives and to have monitor implementation of the programme of the CJC