Westminster Policy News & Legislative Analysis

Wales updates standards committees and conduct from 5 Jan 2026

Welsh Ministers have made the Local Government (Standards Committees and Member Conduct) (Miscellaneous Amendments) (Wales) Regulations 2025, signed on 19 November 2025, laid on 21 November 2025 and in force from 5 January 2026. The instrument is issued under sections 49, 50, 53 and 105 of the Local Government Act 2000 and was signed by Jayne Bryant MS, Cabinet Secretary for Housing and Local Government. The Welsh Government confirms consultation with relevant authorities, the Auditor General for Wales and the Public Services Ombudsman for Wales before making these Regulations.

The instrument amends three pieces of secondary legislation: the Standards Committees (Wales) Regulations 2001, the Conduct of Members (Principles) (Wales) Order 2001, and the Local Authorities (Model Code of Conduct) (Wales) Order 2008. The changes focus on eligibility for appointment as independent members of standards committees and on updating equality wording within the statutory Principles and the Model Code.

Eligibility rules for former elected members are redrawn. A person who previously held a senior, cabinet or executive post in a Welsh local authority must observe a five‑year waiting period before they can serve as an independent member of that same authority’s standards committee. Former members who did not hold such senior roles face a two‑year waiting period. Senior roles are defined to include, among others, the chair and vice‑chair, presiding and deputy presiding members, elected mayor and deputy mayor, executive leader and executive members, and the chair of an overview and scrutiny committee appointed under section 66 of the Local Government (Wales) Measure 2011.

Corporate joint committees (CJCs) are brought onto the same footing. A former member of a CJC, or of a constituent council or National Park authority of that CJC, can be appointed as an independent member of the CJC’s standards committee only after a two‑year period; where the individual previously held a senior, cabinet or executive post in a constituent authority, the waiting period is five years. This aligns standards governance with the regional structures established under the Local Government and Elections (Wales) Act 2021.

Former officers are also covered. Individuals who previously held a politically restricted post, or served as a registration officer, in a relevant authority must observe a two‑year interval before joining that authority’s standards committee as an independent member. Equivalent two‑year restrictions apply for former officers of CJCs, constituent councils and constituent National Park authorities who held politically restricted posts or, in the case of councils, the registration officer role.

To support these changes, the Regulations insert definitions into the 2001 Standards Committees Regulations. “Politically restricted post” takes its meaning from section 2 of the Local Government and Housing Act 1989; this category includes chief executives, chief officers, deputy chief officers and monitoring officers, among others. “Registration officer” refers to the electoral registration officer appointed under section 8(2A) of the Representation of the People Act 1983. A definition of “senior, cabinet or executive post” is also added, capturing the specific elected and executive offices listed in the amending instrument.

Principle 7 (equality and respect) in the 2001 Principles Order is updated. The previous reference to “gender, race, disability, sexual orientation, age or religion” is replaced with “protected characteristics or socio‑economic circumstances”, with “protected characteristics” defined by section 4 of the Equality Act 2010. This moves the language used in local government standards onto the statutory terminology used in equality law.

The same change is made to the Model Code of Conduct set by the 2008 Order. Paragraph 1 now includes a definition of “protected characteristics” by reference to section 4 of the Equality Act 2010, and paragraph 4(a) replaces the earlier list of characteristics with “protected characteristics or socio‑economic circumstances”. Authorities adopting or reviewing codes must ensure training and guidance reflect the revised wording.

The explicit inclusion of “socio‑economic circumstances” in both the Principles and the Code sits alongside, but is distinct from, Wales’s socio‑economic duty under section 1 of the Equality Act 2010, which has applied to specified public bodies in Wales since 31 March 2021. Standards committees, monitoring officers and training leads should ensure members understand the difference between the legal duty on public bodies and the behavioural requirements set for individual members.

Practical next steps for councils, CJCs and National Park authorities include updating recruitment materials and person specifications for independent members, checking recent service by applicants against the new two‑ and five‑year time limits, and refreshing induction materials to incorporate the revised equality and respect wording. These changes apply to appointments and conduct from 5 January 2026.