Legislation, Justice and Constitution Committee

Item 3 is instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3. The Non-Domestic Rating (Amendment of Definition of Domestic Property) (Wales) Order 2026. This Order makes refinements to the classification of self-catering properties as non-domestic within the local taxation system and, therefore, liable for non-domestic rates, in respect of assessment dates that fall on or after 1 April 2026. Such properties must be available to let for at least 252 days and actually be let for at least 182 days within any 12-month period. They are otherwise classified as domestic and liable for council tax. Senedd lawyers have identified one technical and one merits reporting point. A Welsh Government response has not yet been received. Jen, would you take us through the reporting points?

Thank you, Chair. The technical reporting point notes that the Order says that the amendments it makes to the Local Government Finance Act 1988 only apply on or after 1 April this year, but this isn't reflected in the wording of the amendments themselves. The merits point refers to the statement in both the explanatory note and the explanatory memorandum that article 2 of the Order amends the 1988 Act when, in fact, it's article 3 that makes the amendments.

Thank you very much. Do Members have anything they wish to add? Are we happy to agree the reporting points? I see that we are.

The Welsh Elections Information Platform (Amendments) Regulations 2026 draft report. These regulations amend the Welsh Elections Information Platform Regulations 2025. References to an Order under section 13 of the Government of Wales Act 2006 in the 2025 regulations are replaced by provisions of the Senedd Cymru (Representation of the People) Order 2025. These regulations also make amendments to the definition of 'candidate' to differentiate between individual and party list candidates. Senedd lawyers have identified four technical reporting points. A Welsh Government response has not yet been received. Jen, do you want to run us through the reporting points?

Thank you, Chair. The first point requests further information regarding the enabling powers for these regulations, as it doesn't appear that those cited accurately reflect those relied upon, and it may be that the instruments should have been made under the approval procedure. The other three points note defective drafting in failing to correct the provisions that make amendments to the 2025 regulations, a failure to define terms used in the amendments, and errors in cross-referencing.

Do Members have anything that they wish to add? Are we happy to agree those points? Thank you very much.

The Local Authorities (Capital Finance and Accounting) (Wales) (Amendments relating to Minimum Revenue Provision) Regulations 2026. These regulations provide that, during the financial year beginning 1 April 2026, county councils and county borough councils have discretion to make minimum revenue provision, but are not required to do so, and where such councils choose to make minimum revenue provision, they must still calculate an amount they consider prudent.

The Welsh Government has said it will issue guidance

'in relation to the 2026-2027 financial year to provide flexibility in the calculation of what is a prudent amount of MRP for that financial year.'

Senedd lawyers have identified one technical reporting point. A Welsh Government response has not yet been received. Jen, the reporting point, please.

Thank you, Chair. So, the point simply flags that Jayne Bryant MS as the signatory to the regulations is incorrectly noted as the Cabinet Secretary for Finance and Welsh Language, rather than the Cabinet Secretary for Housing and Local Government.

Thank you very much. Any Members wish to add anything? Are we happy with that point?

The Adoption Support Services (Adoption Support Agencies) (Wales) Regulations 2026. These regulations revoke and replace the Adoption Support Services (Wales) Regulations 2019, modernising terminology, extending eligibility and making consequential amendments to update cross-references, ensuring consistency and legal clarity. Senedd lawyers have identified three technical reporting points. A Welsh Government response has not yet been received. Jen, would you like to run us through the reporting points?

Thank you, Chair. So, two of the points request clarity on, firstly, whether providing assistance to relatives of adoptive persons in obtaining information is classed as a specified adoption service, and also requesting clarity on the context in which a step- or birth parent is excluded from the definition of 'adoptive parent', and, similarly, the context in which an agency adoptive child is excluded from the definition of 'a non-agency adoptive child'. And then the final technical point notes an inconsistency between the Welsh and English texts.

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

The Fostering Panels and Care Planning (Miscellaneous Amendments) (Wales) Regulations 2026. These regulations amend the Care Planning, Placement and Case Review (Wales) Regulations 2015 and the Fostering Panels (Establishment and Functions) (Wales) Regulations 2018 in respect of fostering service provision. Senedd lawyers have identified two merits reporting points. A Welsh Government response is not required. Jen, can you run us through the reporting points?

Thank you, Chair. So, the points simply note that the consultation was carried out in respect of the regulations and also note that the regulations will be subject to a post-implementation review.

Thank you, Jen. Members, do you have anything to add? Are we happy to agree the reporting points? I see that we are.

Instruments subject to the Senedd approval procedure: the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2026. Schedule 5 to the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 makes provision about transactions that are higher rates residential property transactions for land transaction tax purposes. These regulations amend Schedule 5 to provide that the purchase of a single dwelling that is a higher rates residential property transaction ceases to be so if that dwelling is subsequently leased to a local authority in Wales. They also provide that the tax chargeable in respect of a transaction involving the purchase of multiple dwellings is reduced if any of those dwellings are subsequently leased to a local authority in Wales, in each case subject to certain conditions.

Senedd lawyers have identified two merits reporting points. A Welsh Government response is not required. We also have had a written statement by the Cabinet Secretary. Jen, would you like to run us through the reporting points?

Thank you, Chair. So, the first point notes that the regulations provide for a reduction in land transaction tax liability and that such tax is paid into the Welsh consolidated fund. The second point refers to the statement from the Cabinet Secretary that noted that the regulations are intended to incentivise the leasing of properties to Welsh local authorities under Leasing Scheme Wales, which is a Welsh Government scheme that contributes towards the delivery of homes at affordable rent. This is intended to help tackle the impact of homelessness and the use of temporary accommodation.

Thank you, Jen. Members, anything to raise? I see they have not. Are we happy to agree the reporting points?

The Land Transaction Tax (Modification of Relief for Acquisitions Involving Multiple Dwellings) (Wales) Regulations 2026. These regulations amend Schedule 13 to the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017, which provides a relief from land transaction tax for acquisitions involving multiple dwellings. These regulations increase the minimum amount of land transaction tax that must be paid where the relief is claimed, from 1 per cent of the consideration attributable to dwellings purchased to 3 per cent of that consideration. The regulations also provide that this does not affect land transactions effected in pursuance of a contract entered into or substantially performed before 13 February 2026, subject to certain conditions.

Senedd lawyers have identified one merits reporting point. A Welsh Government response is not required, but we have in our papers again a written statement by the Cabinet Secretary. Jen, would you like to take us through the merits reporting point?

Thank you, Chair. Again, it just simply notes that the regulations apply relief from land transaction tax, which is payable into the Welsh consolidated fund.

Are we happy to agree the reporting point? Yes, I see that we are.

The Building Safety Act 2022 (Consequential Amendments) (Wales) Regulations 2026. These regulations amend legislation as a consequence of the wider implementation of provisions of Part 3 of the Building Safety Act 2022 in Wales. The 2022 Act brought forward a package of legislative changes in relation to building safety. These regulations are part of a suite of new legislation that forms a stage of the Welsh Government’s implementation of the 2022 Act. New regulations have been introduced that aim to reform the procedural aspects of building control, particularly for higher risk buildings. The new procedures come into effect on 1 July 2026, and the aim of these regulations is to ensure that other existing legislation continues to have its current effect after this date.

Senedd lawyers have identified four technical reporting points. A Welsh Government response has not yet been received. Jen, do you want to take us through the reporting points?

Thank you, Chair. So, two of the points request clarity from the Government on the correct citation of the enabling powers and in relation to incorrect cross-referencing when referring to the meaning of building control authority.

A third point notes defective drafting where there appears to be a typographical error that results in the amendment failing to correctly identify the existing text to be substituted, and the final point notes an inconsistency between the Welsh and English text when identifying the location for an amendment.

Thank you, Jen. Members, do you have anything to raise? If not, can we agree to the reporting points as identified? Yes, we can. Thank you very much.

The Waste Separation Requirements (Wales) (Amendment) Regulations 2026. These regulations amend the Waste Separation Requirements (Wales) Regulations 2023 to require all non-domestic premises to keep their unsold small waste electrical and electronic equipment separate from all other waste streams and arrange for it to be collected by a licensed waste carrier or take it to a suitable drop-off location for recycling. These regulations also create a corresponding obligation on waste collectors to keep this electrical and electronic waste separate.

Senedd lawyers have identified one merits reporting point. A Welsh Government response is not required, but we have in our papers a written statement by the Deputy First Minister. Jen, would you like to take us through the reporting point?

Thank you, Chair. So, it simply notes that a draft of the revised separate collection of waste materials for recycling code of practice for Wales has been laid for information purposes, and that the final version of the revised code will be published and laid before the Senedd after the making of these regulations.

Thanks, Jen. Do Members have anything they wish to raise? They do not. Are we happy to agree the reporting point? People are nodding, so I thank you very much.

The Higher Education (Fee Limits) (Wales) Regulations 2026. These regulations specify the maximum amount of fees a qualifying person may be charged for a qualifying course of higher education for the purposes of section 46(6) of the Tertiary Education and Research (Wales) Act 2022.

Senedd lawyers have identified one merits reporting point. A Welsh Government response has not yet been received. We also have a written statement by the Minister for Further and Higher Education. Jen, would you like to run us through the reporting point?

Thank you, Chair. The point notes that some of the defined terms in the regulations can't be interpreted without another instrument, which has not yet been laid, so it's not been possible to properly consider the scope of these terms and how the maximum fees will apply in practice. So, the Government is asked to explain whether the two sets of regulations could have been made available together to enable more effective scrutiny.

Thank you very much, Jen. Do Members have anything to add? Are we happy to agree the reporting points? I see that we are.

Instruments that raise issues to be reported to the Senedd under Standing Order 21.7—previously considered: the school organisation code. The committee considered this instrument at its meeting on 12 January and laid its report the same day. Members are invited to note the Welsh Government response to the report, which states that the code will be withdrawn for a corrected draft to be laid as soon as possible this Senedd term. The code was subsequently withdrawn last week. Jen, do you have anything to raise from the Welsh Government response?

No, Chair, but just to note that the new code was actually laid on Friday, so the committee will be able to consider a report on this in due course.

Thanks, Jen. Do Members have anything to raise? I see they haven't. Are we happy to note the Welsh Government's response? We are. So, thank you very much.

Instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3—previously considered: the Regulated Services (Registration) (Wales) (Amendment) Regulations 2026. The committee considered this instrument at its meeting on 26 January and laid its report the next 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?

Yes, Chair. Just to note that most of the points raised in the committee's report are going to be addressed in new regulations to be laid shortly, which will revoke and replace the existing regulations.

Thanks, Jen. Do Members have anything they wish to add? No. Okay. Are we happy to note the Welsh Government's response? Yes.

The Council Tax (Alteration of Lists and Appeals) (Amendment) (Wales) Regulations 2025. The committee considered this instrument at its meeting on 19 January 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?

Just to note that the Government has accepted all of the committee's points and will seek to address them using correction slips.

Thanks, Jen. Do Members have anything to raise? No. Are we happy to note the Welsh Government's response? I see that we are.

The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2026. The committee considered this instrument at our last meeting 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?

Just to say that the response explains that there was a delay in the registration process due to a delay at the National Archives and also confirms that the Government is investigating with the National Archives how to deal with the drafting error that was identified in the regulations.

Thank you, Jen. Do Members have anything to add? I see that they have not. Are we happy to note the Welsh Government's response? Yes, we are. Thank you.

Instruments subject to the Senedd approval procedure, or what was previously known as the draft affirmative procedure: the Closure of European Union Legacy Agriculture Schemes (Wales) Regulations 2026. The committee considered this instrument at our last meeting 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?

Just to flag that the Welsh Government has confirmed that it will correct most of the points raised using the correction-prior-to-making procedure.

Thank you, Jen. Are we happy to note the Welsh Government's response? I see that we are.

The Non-Domestic Rating (Artificial Avoidance Arrangements) (Local Lists) (Wales) Regulations 2026. The committee considered this instrument at our last meeting 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?

Again, just to note that some of the points raised in the committee's report will again be addressed using the correction-prior-to-making procedure.

Thanks, Jen. Do Members have any comments? Are we happy to note the Welsh Government response? I see that we are.

The Renting Homes (Model Written Statements of Contract) (Wales) (Amendments etc.) Regulations 2026. The committee considered this instrument at our last meeting 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's response?

No, Chair. The response provides the explanation that was requested.

Thanks, Jen. On to Members, any comments? I see that there aren't. Are we happy to note the Welsh Government response?

We now move on to notifications and correspondence under the inter-institutional relations agreement. Correspondence from the Welsh Government: meetings of inter-ministerial groups. Letter from the Cabinet Secretary for Housing and Local Government: Interministerial Group for Elections and Registration, 3 February. The climate change and rural affairs meeting on 3 February was cancelled. A written statement by the Cabinet Secretary for Social Justice, Trefnydd and Chief Whip and the Minister for Culture, Skills and Social Partnership: Interministerial Group for Work and Pensions on 5 February 2026. A letter from the Cabinet Secretary for Social Justice, Trefnydd and Chief Whip and the Minister for Culture, Skills and Social Partnership: Interministerial Group for Work and Pensions, 5 February 2026.

We've had a number of notifications this week of inter-ministerial groups. Firstly, the Cabinet Secretary for Housing and Local Government informs us that a meeting of the Interministerial Group for Elections and Registration will take place this Wednesday, 11 February. She states that she will be giving an update on the Welsh Government’s work on reforming elections and that further discussion will focus on voter engagement and security. Secondly, the Deputy First Minister’s letter provides advance notice of a meeting of the Interministerial Standing Committee to be held last Thursday. The discussion was anticipated to focus on election security, the UK COVID-19 inquiry module 2 report, UK legislation and the Sewel convention. And finally, we have a joint written statement from the Cabinet Secretary for Social Justice, Trefnydd and Chief Whip and the Minister for Culture, Skills and Social Partnership, as well as a letter from the Cabinet Secretary, in relation to a meeting of the Interministerial Group for Work and Pensions, which met on 19 January. The focus of that meeting was on employment support for disabled people and young people. Do Members have any comments? I see they have none.

We'll move on to the next item. Correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: the Chemicals (Health and Safety) (Amendment, Consequential and Transitional Provision) Regulations 2026. The Deputy First Minister’s letter informs us of his intention to consent to the Secretary of State making these regulations, which will apply to Wales. The regulations amend assimilated EU law on chemicals and will be made under powers in the Retained EU Law (Revocation and Reform) Act 2023. He states that chemicals engage a mix of reserved and devolved matters. He also states that the approach taken promotes regulatory certainty for businesses operating across multiple jurisdictions, reduces administrative burdens, and ensures effective risk management and high public protection standards. These regulations will be subject to the affirmative procedure in the UK Parliament and, if approved, must be made before 23 June 2026, when relevant powers in the retained EU law Act expire. Do Members have any comments? If not, we'll move on to the next item.

Papers to note. Correspondence from the Cabinet Secretary for Housing and Local Government to the Local Government and Housing Committee: evaluation report of the automatic voter registration pilots. The Cabinet Secretary’s letter informs the Local Government and Housing Committee that, on 17 December, the Electoral Commission published its evaluation report of automatic voter registration pilots held last year. The Cabinet Secretary states that she intends to bring forward secondary legislation to implement automatic voter registration in time for the local elections in 2027. Do Members have any comments? They have none.

We'll move on to the next item, which is a written statement by the Cabinet Secretary for Housing and Local Government: publication of the draft Commonhold and Leasehold Reform Bill. The Cabinet Secretary’s written statement draws attention to the UK Government’s publication of the draft Commonhold and Leasehold Reform Bill. She states that the Welsh Government continues to work with the UK Government on this legislation, and this will reduce complexity, maximise clarity and coherence, and ensure the new, fairer, reformed system applies to all. Do Members have any comments? I see they have none.

We move on to the next item. Correspondence from the Counsel General and Minister for Delivery to the Member Accountability Bill Committee: financial resolution for the Senedd Cymru (Member Accountability and Elections) Bill. The Counsel General responds to a letter from the Member Accountability Bill Committee in relation to the timing of the debate on the financial resolution of this Bill. The debate will take place in Plenary tomorrow. If the financial resolution is agreed, this will allow for Stage 2 proceedings to take place in committee at the end of this week. Do Members have any comments they wish to make?

If not, we'll move on to the next item. Correspondence from the Welsh Government: Environment (Principles, Governance and Biodiversity Targets) (Wales) Bill. Members are invited to note two letters from the Deputy First Minister. He informs us that the relevant Minister of the Crown consent has been received and also that a revised explanatory memorandum and explanatory notes on the Bill have been laid in response to Stage 1 committee recommendations and to reflect the Bill's amendment at Stage 2. Do Members have any comments they wish to make? They have none.

We’ll move on to the next item. Correspondence from the Counsel General and Minister for Delivery to Adam Price MS: proposed removal of urban development corporation planning powers. The Counsel General follows up on her letter of 27 January, which we considered at our last meeting, in relation to the tabling of a motion by Adam Price MS for a detailed Senedd consideration stage on the planning consolidation Bills. She has provided further information about the proposed removal of the powers in the Bills. The debate on the motion will be held on Wednesday. Do Members have any comments they wish to make in public session? No.

Correspondence from the Welsh Government: the Welsh Government’s response to the committee’s report on the Welsh Government’s legislative consent memorandum on the Public Office (Accountability) Bill. The Welsh Government has responded to our report on the legislative consent memorandum on this Bill. It has accepted or partially accepted all of our recommendations. The response clarifies which stakeholders have been consulted by the Welsh Government as part of its work considering how the Bill will affect Welsh public bodies, and how the concerns of Welsh public bodies have been fed back to the UK Government to inform policy development. The Welsh Government also provides some additional justification for the inclusion of concurrent powers in the Bill. The response also notes that Report Stage has been paused pending the UK Government giving further consideration to the application of the duty of candour to the intelligence services. The committee will be considering supplementary legislative consent memoranda Nos. 2 and 3 on the Public Office (Accountability) Bill in due course. Do Members have any comments at this stage? I see they have none.

The next item, correspondence to the Cabinet Secretary for Education: the Children's Wellbeing and Schools Bill. Members are invited to note the outgoing letter to the Cabinet Secretary for Education in relation to memorandum No. 4 on this Bill. We've asked for a response by 19 February. Do Members have any comments they wish to make at this stage? No, so we'll move on to the next item.

Correspondence from the Greyhound Board of Great Britain to the Chair of the Culture, Communications, Welsh Language, Sport and International Relations Committee: the Prohibition of Greyhound Racing (Wales) Bill. Members are invited to note the e-mail to the Chair of the culture committee from the Greyhound Board of Great Britain about the Prohibition of Greyhound Racing (Wales) Bill. Do Members have any comments at this stage? I see they haven't.

Correspondence from the Cabinet Secretary for Housing and Local Government to the Llywydd: Homelessness and Social Housing Allocation (Wales) Bill. Members are invited to note the Cabinet Secretary’s letter, which states that Minister of the Crown consents have been received. Stage 4 proceedings are due to take place in Plenary tomorrow. Do Members have any comments?

The next item is the correspondence from the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: the Welsh Government's response to the committee's report on the Prohibition of Greyhound Racing (Wales) Bill. Members are invited to note the Deputy’s First Minister’s letter confirming that recommendation 4 of the committee’s report has been implemented.

Correspondence from the Counsel General and Minister for Delivery: the Welsh Government's response to the committee's report on the Senedd Cymru (Member Accountability and Elections) Bill. Members are invited to note the Counsel General's letter, which provides an update on progress in securing the required Minister of the Crown consent for section 4 of the Senedd Cymru (Member Accountability and Elections) Bill. The letter reports that discussions with the UK Government are ongoing and progressing constructively. It also provides further information in respect of recommendations 8 and 9 of the committee’s report. Do Members have any comments? No. I see they have none.

A motion under Standing Order 17.42(vi) and (ix) to resolve to exclude the public from the remainder of the meeting. Are Members content? I see Members are content.