Legislation for Welsh ministers to pay grants to Corporate Joint Committees: summary of responses

Proposal to include Corporate Joint Committees in the list of local authorities to which Welsh Ministers may pay grants under section 31 of the Local Government Act 2003.

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Large print, Braille and alternative language versions of this document are available on request.

For further information, please contact:

Local Government Policy Division
Local Government and Planning
Welsh Government
Cathays Park
Cardiff
CF10 3NQ

E-mail: lgpolicy.correspondence@gov.wales 

This consultation

On 7 May 2025, the Cabinet Secretary for Housing and Local Government (“the Cabinet Secretary”) launched a consultation on a proposal for specific provision in local government legislation to pay grants to Corporate Joint Committees (CJCs).

The Local Government and Elections (Wales) Act 2021 (‘the 2021 Act’) provided for the establishment of CJCs as a vehicle to support regional collaboration between local authorities in Wales. A CJC operates as a separate corporate body which can employ staff, hold assets and budgets, and undertake functions. Economic development, transport and land use planning are aligned in the CJC, which provides the opportunity for councils to pool resources and consider and capitalise on the interdependencies between these functions.

There is broad recognition that the capacity and capability of CJCs is a key issue in their development. Although it is intended that local authorities will bear the majority of costs for administering CJCs, the Welsh Government is considering how it can support CJCs to deliver objectives.

Section 31 of the Local Government Act 2003 (‘the 2003 Act’) allows Welsh Ministers to pay a grant to a ‘local authority in Wales’. The definition of which bodies are a local authority for the purposes of that section is set out in section 33. The list does not include CJCs, and Welsh Ministers are therefore unable to provide grant funding directly to CJCs using this local government specific legislation.

It would be beneficial to have a specific power in local government legislation for Welsh Ministers to provide grants to CJCs. It was always intended that CJCs would be part of the ‘local government family’. The Welsh Government has therefore consulted to seek views on the development of regulations to amend the 2003 Act so that CJCs are included in the list of local authorities to which Welsh Ministers may pay grant funding under section 31 of that Act.

Who responded?

There were 19 written responses to the consultation. Respondents are identified as follows:

• 8 local authorities in Wales
• 3 Corporate Joint Committees
• 7 private citizens
• 1 representative body: Welsh Local Government Association (WLGA)

A full list of respondents to the consultation is provided at Annex A.

Approach to developing the summary of responses

This document is intended as a summary of the responses received. The consultation also asked about the impact of the Regulations on the Welsh Language, and for any other general comments as part of the consultation.

The consultation asked a total of 4 questions. The summary of responses has been set out in line with these questions.

In some cases, respondents provided a single general response or responded to specific issues on the consultation under a more general response under ‘general considerations.’ This response includes those responses as part of the question on ‘general considerations.’

Question 1

Do you agree with an amendment being made to the Local Government Act 2003 to enable Welsh Ministers to pay grants to Corporate Joint Committees under section 31 of that Act?

There were 16 responses to this question. Of those who responded, 10 agreed with an amendment being made the Local Government Act to pay grants to CJCs with 6 against. 3 respondents did not provide a response. 

The WLGA sought the views of councils on this consultation. Based on the responses received, the consensus is that there is agreement to the amendment so that WG will have the power to pay direct grants. However, reflecting the ‘one size does not fit all’ approach to CJCs, they believe councils should be asked to determine collectively in each region if they want a grant to be made directly to their CJC or to the constituent councils. Furthermore, any funding should be additional and not a re-direction of funding away from constituent councils. It should also relate solely to the discharge of CJCs' functional responsibilities. The point was also made that, as CJCs are relatively new organisations, they need to establish a track record of good governance, decision-making and successful delivery as they mature before being given additional responsibilities.

The views from local authorities themselves provide arguments on aspects for and against this proposal. Conway County Borough Council agrees the amendment being made to the Local Government Act 2003 in relation to the payment of grants to CJCs is a reasonable adjustment to facilitate the efficacy of the CJC model. Neath Port Talbot Council also agrees with the proposal, however states “It would seem appropriate to allow local authorities to determine collectively in each region if they want a grant to be made directly to their CJC or to the constituent councils. This should be factored in in some requirement to either the legislative requirements or the policy sat behind it.” This point is reinforced by comments made by Carmarthenshire County Council which also adds “ “We agree to the change so Welsh Ministers have the power to make direct grants but, reflecting the ‘one size does not fit all’ approach to CJCs, the requirement should be to allow councils to determine collectively in each region if they want a grant to be made directly to their CJC or to the constituent councils.”

One response highlighted a belief in the principle of subsidiarity in terms of decisions and activity which should be taken at the most local level that can address the specific issue or challenge that needs to be met. 

This response focused on “a need to empower local places to prioritise their resources effectively and inspire local places to think differently about how to deliver with those resources. By resource, this includes community assets, volunteer time, school premises, the social value commitments of businesses and developers as well as the financial resources made available by government.”

The respondent also stated that subsidiarity also refers to occasions where decisions are best taken at the regional level by the Corporate Joint Committee and that they continue to support this approach. However, they would have significant concerns about legislative changes that enable the payment of grants directly to the CJC, without sufficient legislative safeguards to protect the principles of subsidiarity.

Wrexham County Borough Council agreed for the Welsh Government to make direct grants to CJCs. In accepting the grants, they stated that CJCs must allocate the resources on an equitable basis across their regional footprints. Flintshire County Council stated a wish to retain a degree of control and discretion around the allocation of grants allocated to it and the CJC and proposed to do this in conjunction with the other regional local authorities.

Swansea Council stated that the principle of allowing grants to be paid to CJCs is supported and would “provide a route for not all costs falling to individual councils and thus taxpayers via levy which is helpful”. The Council recognises the Welsh Government has the right to set pace and scale of grant giving through the CJC, however would continue to hope there is mutual engagement and dialogue. This would enable CJCs and councils to help decide which grants would be best routed through CJCs and which should remain allocated directly to Councils. Swansea Council also welcomes “presumed flexibility for CJCs to decide any sub use of grant in individual council areas driven by regional priorities”.

Three CJCs have also submitted responses to this consultation. The North Wales CJC highlighted that several pieces of primary legislation have already been amended to incorporate the introduction of the CJCs, and it appears that the absence of CJCs from section 31 of the 2003 Act is an inconsistency that needs to be corrected. The CJC stated that the proposed amendment has the potential also to be significantly helpful to the CJC's financial administration. The South West CJC is also supportive of the change, however it agrees with the local authority position that “given the current approach by the Welsh Government that a 'one size does not fit all’ approach to CJCs, provision should be made to allow councils to determine collectively in each region if they want a grant to be made directly to their CJC or to the constituent councils.”

One respondent stated they do not agree with the proposed legislation change as it “could set a "default position" that would cause unnecessary confusion and complication in the funding landscape of local government.”

One Respondent favoured an approach where the Welsh Government would work with local authorities on future policy and funding priorities, and that constituent local authorities can then determine to pool funding into the CJC, if appropriate. Within this approach, there would be separate considerations across Transport and Economic Development.

The same respondent highlighted that “a default pooling of resources may cost the public purse more in terms of bureaucracy and administrative costs. This is because the CJC is a separate legal entity to local authorities. The more financial resources that are put into the CJC, the greater the cost of running the entity becomes. Full audited accounts will be required, management of the grants and resulting programmes. This will require additional finance, legal and procurement resources, as well as additional considerations of capacity and capability to meet all the statutory duties of the CJC as a legal entity.”

Other responses have varied in support for the proposed amendment to the legislation. Comments include there already being too many layers of government in Wales where having unrepresentative organisations dilute local democracy. A comment highlighted that grants can be administered by the lead authority of each workstream and paying grants direct to CJC will necessitate additional staff to administer. Another response stated, however, a need for CJCs to be adequately funded to reach their potential.

One respondent highlighted a concern that CJCs “are quangos that could provide corrupt decision making” whereas a separate comment felt it was a mistake to disband the Welsh Development Agency that was an international brand.

One respondent also stated their view that the South East Wales CJC is too large and distributed across too wide an area to have any benefit to the poorer Rhondda and Merthyr communities. They stated the grouping would also have a negative impact on the Welsh Language as “Monmouthshire and Vale of Glamorgan are known to have fewer Welsh speaking residents, while there is opportunity for growth in Cardiff and the Valleys”.

Question 2

What, in your opinion, would be the likely effects of the legislation on the Welsh language? We are particularly interested in any likely effects on opportunities to use the Welsh language and on treating the Welsh language less favourably than English.

There were 15 responses to this question out of a possible 19. Of those that responded 2 respondents stated they were not sure, whilst 6 stated that the legislation would have no impact on the Welsh language. The responses from a further 7 respondents are captured below.

Conwy County Borough Council highlighted that the CJCs are subject to the Welsh Language Act and to equalities legislation, and therefore any grants would need to operate within these parameters. There may be opportunities to promote the language in terms of specific grant conditions, but this will of course depend on the nature of the grant (in the same way as current grants are applied to local authorities). Wrexham County Borough Council and the North Wales CJC both stated that the effect would be neutral unless grants directly supported the Welsh language.

Carmarthenshire Council stated that by allowing councils to determine the distribution of grants in each region, councils representing areas with the highest proportion of Welsh speakers will have a greater influence to promote the Welsh Language in funding decisions going forward. This would also work to ensure that these Councils could ensure any adverse effects could be mitigated, if possible, given their focus on promoting the language in their areas.

One respondent highlighted that while there may be increased opportunities in most of the CJCs this would not be the case for South East Wales CJC because of its vast spread and varied populations. The respondent’s opinion was that Monmouthshire and Vale of Glamorgan are both very similar in their respective negative views on the Welsh Language. This would hinder development and opportunities for growth of the Welsh language.

One respondent stated the view it is more important to prioritise the economy over language issues as by default use of the language would increase in favourable economic times.

Question 3

In your opinion, could the legislation be formulated or changed so as to:

• have positive effects or more positive effects on using the Welsh language and on not treating the Welsh language less favourably than English; or
• mitigate any negative effects on using the Welsh language and on not treating the Welsh language less favourably than English?

There were 12 responses to this question out of a possible 19. Of those that responded 2 respondents stated they were not sure, whilst 3 stated that the legislation would have no impact on the Welsh language. The details from a further 7 respondents are below.

Conwy County Borough Council highlighted the same response to question 2 in that the CJCs are subject to the Welsh Language Act and to equalities legislation, and therefore any grants would need to operate within these parameters.

Carmarthenshire Council highlighted agreement to the change so Welsh Ministers have the power to make direct grants but, reflecting the ‘one size does not fit all’ approach to CJCs, the requirement should be to allow councils to determine collectively in each region if they want a grant to be made directly to their CJC or to the constituent councils. This would in turn have a positive effect on the language.

Both Wrexham CBC and the North Wales CJC stated they do not believe it is necessary to formulate or change this legislation in relation to the Welsh language.

A respondent stated that the South East Wales CJC needs to be split up with Cardiff and the Valleys of South Wales having a separate CJC and Monmouth, Vale of Glamorgan and Hertfordshire in a single CJC and in order to get funding they should have to demonstrate how they have developed the Language and culture of Cymru.

The view from another respondent stated a lack of performance by these units will not improve the local economy, which in turn drives go getting youngsters away from their home areas. There should be more concentration on the economy not the language issues which by default would improve if the economy is doing well.

One respondent commented that the grants would be ‘hijacked’ by minority groups to fund their objectives since they tend to be more focussed on their objectives than the Welsh due to the Welsh not being taught their own in history in depth in educational institutions.

Question 4

We have asked a number of specific questions. If you have any related issues which we have not specifically addressed, please use this space to report them:

There were 10 responses to this question out of a possible 19 responses. Of the 10 responses, 3 commented that they have no further comments and 7 provided further details below.

Both Neath Port Talbot Council and the South West CJC commented that whilst both support the requirement, however, given the current approach by the Welsh Government that a 'one size does not fit all’ approach to CJCs, provision should be made to allow councils to determine collectively in each region if they want a grant to be made directly to their CJC or to the constituent councils. This should be factored in in some requirement to either the legislative requirements or the policy sat behind it.

Swansea Council stated that the Welsh Government should recognise sensitivities if the changes result in risk of significant distributional changes between authorities, but stated that is a matter for the CJC to manage in partnership with constituent councils and in accordance with priorities set out in any agreed CJC strategic plans such as the Regional Transport Plan and Strategic Development Plan, not in itself an impediment to grant being routed by the Welsh Government to CJC.

One respondent queried the need for so many Borough Councils and that there would be cost savings if the number was reduced as recommended in the report by Sir Paul Williams.

Another respondent stated that the South East Wales CJC is far bigger than the others and the regions covered are very different in both use of Cymraeg and upholding of the Culture of Wales. The South East CJC cannot represent the views of the people of the valleys, and they will lose out i.e. the poorest localities of Cymru.

One view highlighted that the obsession with the language issue was damaging while another respondent commented on a waste of tax payers’ money and not addressing the real social issues in Wales created by industrial blight and promotion of a strong economy. In their view, “weak economics leads to social disparity” and they questioned “the Tata steel works decision process, yet we fund a loss-making airport.”

The Welsh Government sees Corporate Joint Committees as a mechanism under which a number of existing regional arrangements can coalesce in order to bring consistency, reduce duplication and reduce the administrative burden on local government.  We remain committed to working with local government and wider stakeholders to support CJCs.

This section sets out the Welsh Government’s response to the consultation to include Corporate Joint Committees in the list of local authorities to which Welsh Ministers may pay grants under section 31 of the 2003 Act.

Question on agreement with amendment being made to the Local Government Act 2003 to enable Welsh Ministers to pay grants to Corporate Joint Committees under section 31 of that Act.

The Welsh Government is pleased that responses from respondents broadly indicated they were supportive of the proposed change.

There were however 7 respondents who raised a desire for each region to have flexibility to determine how it receives and distributes funding, including whether the Welsh Government provides that funding directly to CJCs or to local authorities. On this point, the Welsh Government view is that it is for Welsh Ministers to determine the basis of the provision of Government funding, noting that the intention of the funding being provided to CJCs would be in relation to the discharge of their statutory functions. While decisions would be made by the Welsh Ministers in respect of such funding, these decisions would be made in the context of the principles of the Strategic Partnership Agreement with Local Government signed in June 2025, which enshrines a trusted partnership and collaboration

In terms of the call for flexibility for a CJC to determine the distribution of grant funding to the local authorities in its region, driven by regional priorities, however, it has always been the Government’s position that there is not a one size fits all approach to CJCs. The Welsh Government agrees therefore with the principle that there should be flexibility in how a CJC uses funding provided to it under section 31 where appropriate, subject to any conditions placed on the Grant and within the boundaries of the CJC functions and powers.

Making the legislative change to section 33 of the 2003 Act would not prevent a region from determining how best to use those funds within its region, subject, as already stated, to the terms of any Grant and within the boundaries of the CJC’s functions and powers.

On this basis, the amendment to section 33 of the 2003 Act would enable Welsh Ministers to pay grants to CJCs under section 31 of that Act. The Welsh Government does not consider legislative change is necessary or appropriate to address the issue of flexibility. It is the view of the Welsh Government that a non-legislative option can better consider the point of any further flexibility, and this can be achieved by aligning with work already underway to develop a Draft Protocol on Hypothecated Grants between the Welsh Government and local authorities. Discussions are underway to ensure that the position of the CJCs is encompassed within the current draft Protocol.

The Welsh Government has noted concerns that the proposed legislative change “could set a "default position" that would cause unnecessary confusion and complication in the funding landscape of local government.” The Welsh Government’s position is that this would not be the case and that it would be beneficial to have a specific power in local government legislation for Welsh Ministers to provide grants to CJCs. This is on the basis that CJCs were always intended to be part of the ‘local government family’.

The Welsh Government has noted that responses to the consultation also identified general concerns such as too many layers of government in Wales and an issue about unrepresented organisations potentially diluting local democracy. These comments are noted; however, they are outside the focus of this consultation which relates to amendment of local government legislation to provide a mechanism for the Welsh Government to pay grants to CJCs.

Welsh language

With regards to the impact of the legislation change on the Welsh language, the Welsh Government welcomes the general view of respondents in questions 2 and 3 that the change would have no significant impact on the Welsh Language.

There were some general views in terms of funding the CJC on the proviso that Welsh language and culture were part of the consideration recognising that CJCs are already subject to duties regarding the Welsh language. Further thoughts suggest that if councils were allowed to determine collectively in each region if they want a grant to be made directly to their CJC or to the constituent councils this would in turn have a positive effect on the language. In the context of the changes being outlined in this consultation it is the view of the Welsh Government that introducing the ability to pay grants to CJCs does not in itself directly determine the distribution of funding within a region. As per the earlier response the Welsh Government has noted the point on flexibility and is considering this via a non-legislative option.

Other issues

In terms of one respondent raising the potential risk of significant distributional changes between authorities as a result of this change, the respondent themselves then stated it is a matter for the CJC to manage in partnership with constituent councils and in accordance with priorities set out in any agreed CJC strategic plans such as the Regional Transport Plan and Strategic Development Plan.

The Welsh Government has noted a general response stating there should be a reduction in the number of local authorities in Wales. It has also noted a further response suggesting curtailing the size of the South East CJC as it was too big an authority to be representative. These comments are noted; however, they are outside the focus of this consultation which relates to amendment of local government legislation to provide a mechanism for the Welsh Government to pay grants to CJCs.

Following this consultation, the Welsh Government intends to proceed to lay the necessary legislation in order to amend section 33 of the 2003 Act. This will enable Welsh Ministers to pay grants to CJCs under the power in section 31 of that Act. It is intended that the legislation be laid following summer recess 2025.

The Welsh Government values all the views expressed in response to this consultation. The Welsh Government will continue to work closely with local authorities and the CJCs around the issue raised within a response regarding flexibility in the use of funding given to CJCs and how this can be best achieved and provided for, where appropriate and within the confines of the functions and powers of the CJCs.

Local authority

• Carmarthenshire County Council
• Conwy County Borough Council
• Flintshire County Council
• Neath Port Talbot County
• Swansea City Council
• Wrexham County Borough Council
• North Wales Corporate Joint Committee
• South-West Wales Corporate Joint Committee

Government agency / other public sector body

• Welsh Local Government Association