Legislation, Justice and Constitution Committee

This takes us to item 2, instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3. The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Miscellaneous Amendments) (Wales) Regulations 2026. Council tax reduction schemes are the mechanism by which local authorities in Wales provide support to low-income households in meeting their council tax liability. These regulations uprate certain figures used to calculate an applicant’s entitlement to a reduction under a council tax reduction scheme and the subsequent level of reduction, and make technical, presentational and consequential amendments. Senedd lawyers have identified five technical and one merits reporting points. A Welsh Government response has been received. Firstly, Jen from our legal team, would you like to run through the reporting points and the Welsh Government's response?

Thank you, Chair. Two of the technical reporting points note inconsistencies between the Welsh and English texts, one of which notes a small discrepancy between the two texts in the figures used to calculate whether certain people are entitled to a reduction. The Welsh Government response confirms that this will be corrected. The other three technical points relate to defective drafting in relation to incorrect cross-referencing in the Welsh text—sorry, incorrect reference to text to be omitted by the amendments made by the regulations. And then, the final technical point notes that there is an error in the amount specified in the Welsh text that appears to be due to a historical error. Again, the Welsh Government's response has confirmed that all of these will be corrected and they also confirm that they don't consider the historical error has had any practical impact on any individuals. No response was requested for the merits point, which notes that the

'instrument has been prepared outside the new software for Welsh statutory instruments',

and

'minor formatting improvements will need to be made during the registration process'.

Thank you, Jen. Members, do you have anything you wish to raise? No. Are we happy to agree the reporting points? Yes. Thank you very much.

Item 2.2, the Non-Domestic Rating (Provision of Information About Changes of Circumstances) (Wales) Regulations 2026. These regulations impose a duty on a person to provide information to billing authorities when they become the ratepayer of a hereditament or when certain changes occur in relation to the occupation of a hereditament for which they are the ratepayer. The regulations also provide for a system of penalties for failure to comply with that duty and procedures for reviewing and appealing penalties. Senedd lawyers have identified two technical and two merits reporting points. A Welsh Government response has not yet been received. Jen, would you like to run through the reporting points?

Thank you, Chair. The first technical reporting point requests clarity regarding when a claim to recover a penalty can't be made under the regulations. The second technical point notes an inconsistency between the Welsh and English texts. A Welsh Government response is awaited for these points, but not on the merits points. The first merits point notes that any sum received by a billing authority by way of a penalty under regulation 4(1) must be paid into the Welsh consolidated fund, and, again, notes the need for minor formatting improvements due to the new software.

Do Members have anything to add? No. Are we happy with the reporting points? Yes. I can see people nodding.

Item 2.3, the Council Tax (Discounts, Disregards and Exemptions) (Wales) Regulations 2026—draft report. The current system of council tax discounts, disregards and exemptions is set out in the Local Government Finance Act 1992 and subordinate legislation made under that Act. These regulations are intended to be a consolidating instrument, which restates and amends existing provisions as well as making further provisions. Senedd lawyers have identified six technical and one merits reporting points. A Welsh Government response has not yet been received. Jen, would you like to run through the reporting points?

Thank you, Chair. One of the technical reporting points relates, again, to an inconsistency between the Welsh and English texts. Three of the technical points request further explanation from the Welsh Government with regard to when a defined term is intended to apply in regulations, failure to use a defined term and a potentially incomplete defined term. And then, the remaining two technical points request clarity on potentially confusing wording and the failure to identify the proper location of a provision for amendment. As you say, Chair, a Government response is awaited, but, again, only in relation to the technical points as the merits point, again, notes the new software issue as with the previous instruments.

Thank you, Jen. Members, is there anything you wish to add? Are we happy to agree the reporting points? Yes.

Instruments that raise issues to be reported to the Senedd under Standing Order 21.7, the school organisation code. Section 38 of the School Standards and Organisation (Wales) Act 2013 provides that the Welsh Ministers must issue a code on school organisation. The code may impose requirements and may also include guidelines setting out aims, objectives and other matters. Senedd lawyers have identified 21 reporting points under Standing Order 21.7, and a Welsh Government response has not yet been received. Jen, would you like to run through the reporting points?

Thank you, Chair. One of the points raised seeks clarity from the Welsh Government relating to proposals for school reconfigurations that require approval by a local authority, where it appears that the code seeks to change the effect of primary legislation in relation to the time limits for issuing a decision on approval of certain proposals and the validity of such decisions where the timescales aren't adhered to.

Another point notes an incorrect statutory reference. All of the remaining 19 points raised note either issues that arise in relation to wording used in the Welsh text of the code only, or inconsistencies between the English and Welsh texts.

Thank you, Jen. Members, anything further to add? No. Are we happy to agree the reporting points? I see that Members are.

Item 4, instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3, previously considered. The Senedd Cymru (Disqualification) Order 2025. The committee considered this instrument at its meeting on 6 October and laid its report the same day. Members are invited to note the written statement and correspondence from the Cabinet Secretary noting that the Order was made by Privy Council on 12 November and came into force on 13 November. This Order, which has effect from an election at which the poll is held on or after 6 April 2026, designates offices of which the holders are disqualified from being a Member of the Senedd, but not from being a candidate to be a Member of the Senedd. Members, do you have any comments? No. Are we happy to note the correspondence?

Item 4.2, the Commission for Tertiary Education and Research (Decision Review) (Wales) Regulations 2025. The committee considered this instrument at its meeting on 15 December and laid its report the same day. Members are invited to note the Welsh Government response to the report, which has since been received. Jen, do you have anything to raise from the Welsh Government response?

Thank you, Chair. Just to note that the Government has provided further explanations where required, and also has laid an amended version of the explanatory memorandum as a result of an error in the original version, regarding an enabling power, which the committee's report brought to the Government's attention.

Thanks, Jen. Members, do you have anything to add? Are we happy to note the Welsh Government's response? Yes.

Item 5, instruments that raise issues to be reported to the Senedd under Standing Order 21.7, previously considered. The Code of Practice on Quality Assurance and Performance Management, Escalating Concerns, and Closure of Regulated Care and Support Services. The committee considered this instrument at its meeting on 15 December and laid its report the same day. Members are invited to note the Welsh Government response to the report, which has since been received. Jen, do you have anything to raise from the Welsh Government response?

Thank you, Chair. Just to note that the Government considers the points that were raised to be minor drafting points that don’t affect or alter the operational legal effects of the code itself. But they will amend the code to deal with all the points raised prior to issuing the code.

Thanks, Jen. Do Members have anything to raise? No. Are we happy to note the Welsh Government's response? Yes—nodding.

Notifications and correspondence under the inter-institutional relations agreement. Correspondence from the Welsh Government on the meetings of inter-ministerial groups. We have a number of notifications this week in relation to inter-ministerial group meetings. First, the Counsel General informs us that a meeting of the Inter-ministerial Group for Justice took place on 11 December. Topics of discussion included digital innovation and strategy, violence against women and girls, and court case loads. The Cabinet Secretary for Social Justice, Trefnydd and Chief Whip gave an update at the meeting on issues relating to violence against women and girls.

Secondly, the Cabinet Secretary for Economy, Energy and Planning notified us that a meeting of the Interministerial Group for Trade was due to take place on 8 January.

We also note a letter from the Cabinet Secretary for Social Justice, Trefnydd and Chief Whip in relation to a meeting of the Interministerial Group for Work and Pensions, which will take place on 19 January.

Finally, a written statement and letter from the Deputy First Minister inform us of a meeting of the Interministerial Standing Committee that took place on 20 November. He states that items on the agenda included international affairs, community cohesion, and a range of live issues, including the upcoming UK budget and UK legislation. Do Members have any comments? No.

Then we’ll move on to the next item, item 6.2, correspondence from the Deputy First Minister—

I've got a comment to make.

I was looking for you, Alun, there.

In the correspondence, Julie James does say that she queried progress with the women's residential centre in Swansea. This is something that the committee has taken an interest in over the long years that this has not been progressed, so it would be useful if we could follow that up with the Counsel General and ask her what progress has been made. It's all right to query progress in terms of the meeting, but what we want to know is not the question, but the answer.

Thank you, Alun. Are we happy to do that? Yes. There are no other items on that.

Now, correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, on the Plant Varieties Act (Amendment) Regulations 2026. The Deputy First Minister informs us of the intention to consent to the UK Government making and laying these regulations. He considers it appropriate for the Secretary of State to legislate on a UK-wide basis to ensure alignment across the UK. These regulations amend primary legislation within the legislative competence of Senedd Cymru, and therefore he says that a statutory instrument consent memorandum will, as a result, be laid within three working days of the regulations being laid before the UK Parliament, which is due to happen on 20 January. Do Members have any comments? I can see none.

A written statement and correspondence from the Cabinet Secretary for Finance and Welsh Language on the Procurement Act 2023 (Commencement No. 4) Regulations 2025. The Cabinet Secretary informs us that consent has been given for the UK Government to make these regulations. At our meeting on 15 December, we considered the Cabinet Secretary’s letter of 11 December, which informed us of his intention to provide consent. These regulations were made by the UK Government on 9 December. If Members have no comments—no comments—we’ll move on to the next item.

A written statement by the Cabinet Secretary for Economy, Energy and Planning on the Infrastructure (Wales) Act 2024 (Consequential Amendments) Order 2025. In our meeting on 3 November, we considered a written statement by the Cabinet Secretary informing Members that a draft of the Order had been laid before the UK Parliament. This latest written statement informs us that the Order has now been approved by both Houses of Parliament and was therefore made by the Secretary of State on 15 December. Do Members have any comments? No.

Correspondence from the Cabinet Secretary for Finance and Welsh Language on the Procurement Act 2023 (Specified International Agreements and Saving Provision) (Amendment) Regulations 2026. The Cabinet Secretary informs us of his intention to consent to the laying and making of these regulations in the UK Parliament. He states that the majority of this UK statutory instrument does not require the consent of Welsh Ministers, but a small element does. The UK statutory instrument is subject to the affirmative procedure and is due to be laid in the UK Parliament on 19 January. He goes on to say that Welsh Ministers will make separate regulations to give effect to the international agreements for contracts covered by the Procurement Act 2023 for Wales. They expect to lay these regulations on 10 February. Do Members have any comments? No.

Papers to note: correspondence from the Counsel General and Minister for Delivery to the Llywydd—Welsh statutory instruments. The Counsel General’s letter follows on from her letter of 25 November in which she informed the Llywydd of a new design for Welsh statutory instruments. She now informs the Llywydd that the font chosen, Helvetica, was not suitable in supporting all Welsh diacritics, such as the circumflex, and therefore has been replaced with the font Arimo. Do Members have any comments they wish to make? Okay.

Correspondence from the Cabinet Secretary for Social Justice, Trefnydd and Chief Whip: the Welsh Government response to the committee’s report on the British Sign Language (Wales) Bill. Members are invited to note the Welsh Government response to our report on this Bill. Two of our recommendations were accepted, and one rejected. The Welsh Government has rejected our recommendation that called for the Bill to be amended to require that the statutory guidance issued under section 3 of the Bill, as well as any future revisions, be laid before the Senedd. The reasons set out mirror those of the Member in charge's response, that they would be accepting the Equality and Social Justice Committee's recommendation requiring consultation on the content of the guidance prior to its publication instead. Do Members have any comments? No.

Item 7.3 is correspondence from the Counsel General and Minister for Delivery: the Welsh Ministers' determination on the numbering and classification of subordinate legislation not made by Welsh statutory instrument. The Counsel General informs us of the determination made by the First Minister in relation to subordinate legislation not made by Welsh statutory instrument, as required by section 37Z of the Legislation (Wales) Act 2019, as amended, which came into force on 1 January 2026. Do Members have any comments they wish to make? No.

Item 7.4, correspondence from the Cabinet Secretary for Social Justice, Trefnydd and Chief Whip: the Welsh Government's response to the committee's report on the Welsh Government's Supplementary Legislative Consent Memorandum (Memorandum No. 2) on the Crime and Policing Bill. Members are invited to note the Welsh Government's response to our report on memorandum No. 2 on this Bill. The Cabinet Secretary has outlined some details about engagement between the Welsh and UK Governments in the development of this Bill in response to the recommendation we made in the report. Do Members have any comments? I see they have not.

A written statement by the Cabinet Secretary for Housing and Local Government: implementation of the Leasehold and Freehold Reform Act 2024, freehold estate management charges. The Cabinet Secretary’s written statement updates Members on the implementation of the Act. Consultations on both the administration charges and the wider regime are open until 12 March. Do Members have any comments they wish to make? If not, we’ll move on to the next item.

Correspondence from the Cabinet Secretary for Housing and Local Government: the Welsh Government's responses to committees' reports on the Building Safety (Wales) Bill. On 19 December, we received a response from the Cabinet Secretary to our report on the Building Safety (Wales) Bill. The response is broadly positive. The Cabinet Secretary has accepted seven of our 13 recommendations and accepted the others in principle. Crucially, the Cabinet Secretary has committed to bringing forward amendments to limit the broad powers in sections 14 and 16 of the Bill as a result of our significant concerns with the extent of those powers. The Cabinet Secretary also responded to the reports of the Finance Committee and Local Government and Housing Committee. Do Members have any comments?

Correspondence from the Counsel General and Minister for Delivery: the review of the United Kingdom Internal Market Act 2020. The Counsel General responds to our letter of 11 November and our requests for clarification on a number of issues related to the UK Government's review of the Act. She states that work to develop additional guidance and to agree a clearer process for discussing and agreeing exclusions from the Act is ongoing, and the Welsh Government expects to see that work concluded before the end of the spring term. She also states that the Welsh Government will continue to press for changes to the use of financial assistance powers in the Act by the UK Government to respect devolution and ensure the effective use of public funds. The Counsel General also states that the Welsh Government's immediate priorities are to make the current changes work, but it will continue to press for legislative changes to the Act. Any comments? No.

Correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: the Welsh Government's responses to committees' reports on the Prohibition of Greyhound Racing (Wales) Bill. Members are invited to note the Welsh Government’s responses to our report on this Bill as well as the report of the culture committee. Of the five recommendations made in the report, the Deputy First Minister has accepted or accepted in part three recommendations. Do Members have any comments? No.

A written statement by the Counsel General and Minister for Delivery: the Mental Health Review Tribunal for Wales (Membership) Bill. The Counsel General’s written statements inform Members of an emergency Bill in relation to the qualifying criterion for medical members of the Mental Health Review Tribunal for Wales. A motion will be tabled in Plenary on Tuesday 13 January to suspend Standing Orders to allow for all stages of the Senedd’s consideration to be completed by the end of Wednesday, 14 January. Do Members have any comments they wish to make? No.

The British-Irish Parliamentary Assembly: 'UK-EU Defence and Security Cooperation Post-Brexit: Final report'. This report has been shared with the committee by the British-Irish Parliamentary Assembly, and was approved following the most recent Assembly meeting in October 2025. Do Members have any comments they wish to make? No.

A written statement by the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: the Government of Wales Act 2006 (Devolved Welsh Authorities) (Amendment) Order 2025. The Deputy First Minister’s written statement informs of the making of this Order in the Privy Council by His Majesty the King on 10 December 2025. The Order makes consequential amendments to the 2006 Act as a result of the Senedd Cymru (Members and Elections) Act 2024 and the Elections and Elected Bodies (Wales) Act 2024. Do Members have any comments? No.

Correspondence from the Counsel General and Minister for Delivery: the Welsh Government's responses to the committee's reports on the Senedd Cymru (Member Accountability and Elections) Bill. Members are invited to note the Welsh Government's response to the reports published by our committee, the Member Accountability Bill Committee and the Finance Committee on this Bill. Do Members have any comments they wish to make? No.

Correspondence from the Cabinet Secretary for Finance and Welsh Language: the Welsh Government’s response to committee reports on the Development of Tourism and Regulation of Visitor Accommodation (Wales) Bill. Members are invited to note the correspondence from the Cabinet Secretary in response to the reports published by our committee and the Finance Committee on this Bill. The Cabinet Secretary responds to some of the recommendations we made in our report, recommendations that requested further information ahead of tomorrow’s debate on the Bill’s general principles. Do Members have any comments they wish to make?

In accordance with—item 8—Standing Order 17.42(vi) and (ix), I invite the committee to resolve to exclude the public from the remainder of the meeting. Are Members content? Yes.