
1 

(1) The title of these Regulations is The Local Authorities (Case and Interim Case Tribunals and Standards Committees) (Amendment) (Wales) Regulations 2009 and they come into force on 19 October 2009.
(2) These Regulations apply to a hearing by—
(a)  a case tribunal or an interim case tribunal under the Case Tribunal Regulations; and
(b) a standards committee under the Standards Committees Regulations,
which begins on or after 19 October 2009.
2 
In these Regulations—
 “the Case Tribunals Regulations” (“Rheoliadau'r Tribiwnlys Achos”) means the Adjudications by Case Tribunals and Interim Case Tribunals (Wales) Regulations 2001;
 “the Standards Committees Regulations” (“Rheoliadau'r Pwyllgorau Safonau”) means the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001.
3 
The Standards Committees Regulations are amended in accordance with regulation 4.
4 

(1) In regulation 4(4)(b), for “National Assembly for Wales” substitute “Welsh Ministers”.
(2) For regulation 8(2) and (3) substitute—“
(2) Paragraphs (3) to (3D) apply—
(a) in respect of the Public Services Ombudsman for Wales in the case of an investigation undertaken by the Public Services Ombudsman for Wales and referred to the monitoring officer of the relevant authority under section 71(2) of the 2000 Act; and
(b) in respect of the monitoring officer of the relevant authority in the case of an investigation referred to the monitoring officer under section 70(4) of the 2000 Act.
(3) The Public Services Ombudsman for Wales and the monitoring officer are entitled to attend before the Standards Committee for the purposes of—
(a) presenting the report and/or explaining any of the matters in it; and
(b) otherwise playing such part or assisting the Standards Committee as the Standards Committee considers appropriate.
(3A) The Standards Committee may request the Public Services Ombudsman for Wales or the monitoring officer to attend before it for the purposes of—
(a) presenting the report and/or explaining any of the matters in it; and
(b) otherwise playing such part or assisting the Standards Committee as the Standards Committee considers appropriate.
(3B) A request under paragraph (3A) must not be unreasonably refused and if such request is refused the Public Services Ombudsman for Wales or monitoring officer must give reasons in writing to the Standards Committee for not complying with the request to attend.
(3C) The attendance shall be when the Standards Committee of the relevant authority is considering any representations made by the person who is the subject of the investigation or, if no such representations are made, at any reasonable time.
(3D) The Public Services Ombudsman for Wales and monitoring officer may be represented by counsel or a solicitor.”.
(3) In regulation 10(2), for “Local Government Modernisation Division National Assembly for Wales Cathays Park Cardiff CF10 3NQ” substitute—“
 The President
 Adjudication Panel for Wales
 Welsh Assembly Government
 Cathays Park
 Cardiff
 CF10 3NQ.”.
(4) In regulation 11(5), for “National Assembly for Wales” substitute “Welsh Ministers”.
5 
The Schedule to the Case Tribunals Regulations is amended in accordance with regulation 6.
6 

(1) In paragraph 1, omit the words ““investigating officer” (“swyddog ymchwilio”) means a person who carried out the investigation which gave rise to the reference to the Adjudication Panel for Wales under section 71(3) or 72(4) of the Act”.
(2) For paragraph 9 (attendance of investigating officers) substitute—“
9 

(1) The Public Services Ombudsman for Wales is entitled to attend, and the tribunal may request the Public Services Ombudsman for Wales to attend, the hearing of an adjudication for the purposes of—
(a) presenting the report and/or explaining any of the matters in it; and
(b) otherwise playing such part or assisting the tribunal at the hearing as the tribunal considers appropriate.
(2) A request under sub-paragraph (1) must not be unreasonably refused and if such request is refused the Public Services Ombudsman for Wales must give reasons in writing to the tribunal for not complying with a request to attend a hearing.
(3) The Public Services Ombudsman for Wales may be represented by counsel or a solicitor.”.
(3) In paragraph 16(2)—
(a) omit sub-paragraph (b);
(b) in sub-paragraph (d), after “co-opted member” insert “or the representative of the monitoring officer”.
Brian Gibbons
Minister for Social Justice and Local Government, one of the Welsh Ministers
19 September 2009