Contents
1Name, commencement, application and interpretation#
(1)The name of these Regulations is the Standards Committees (Grant of Dispensations) (Wales) Regulations 2001 and they shall come into force on 28th July 2001.
(2)These Regulations apply to Wales only.
(3)In these Regulations —• “interest” (“buddiant”) means an interest which is required to be registered in the relevant authority’s register of interests;• “member” (“aelod”) includes a co-opted member;• “relevant authority” (“awdurdod perthnasol”) means a county or county borough council, a community council, a fire authority or a National Park authority;• “the Act” (“y Ddeddf”) means the Local Government Act 2000; and• “voluntary organisation” (“corff gwirfoddol”) means a body (other than a local authority or other public body) whose activities are carried on otherwise than for profit.
2Circumstances in which dispensations may be granted#
The standards committee of a relevant authority may grant dispensations under section 81(4) of the Act where —
(a)no fewer than half of the members of the relevant authority or of a committee of the authority (as the case may be) by which the business is to be considered has an interest which relates to that business;
(b)no fewer than half of the members of a leader and cabinet executive of the relevant authority by which the business is to be considered has an interest which relates to that business and either paragraph (d) or (e) also applies;
(c)in the case of a county or county borough council, the inability of the member to participate would upset the political balance of the relevant authority or of the committee of the authority by which the business is to be considered to such an extent that the outcome would be likely to be affected;
(d)the nature of the member’s interest is such that the member’s participation in the business to which the interest relates would not damage public confidence in the conduct of the relevant authority’s business;
(g)the business to which the interest relates is to be considered by an overview and scrutiny committee of the relevant authority and the member’s interest is not a pecuniary interest;
(h)the business which is to be considered relates to the finances or property of a voluntary organisation of whose management committee or board the member is a member otherwise than as a representative of the relevant authority and the member has no other interest in that business provided that any dispensation shall not extend to participation in any vote with respect to that business; or
(i)it appears to the committee to be in the interests of the inhabitants of the area of the relevant authority that the disability should be removed provided that written notification of the grant of the dispensation is given to the National Assembly for Wales within seven days in such manner as it may specify.
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