Legalize / United Kingdom / Wales / Act of Senedd Cymru

Democracy and Boundary Commission Cymru etc. Act 2013

Type Act of Senedd Cymru

Publication 2013-07-30

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — INTRODUCTION

Relevant authorities

1

(1) This Part provides an overview of the provisions of this Act.

(2) Part 2 makes provision about the constitution and functions of the Democracy and Boundary Commission Cymru.

(3) Part 3 makes provision about—

(a) the duties of the Commission to monitor the arrangements for local government and to conduct reviews where appropriate, and the duties of principal councils to monitor the arrangements for the communities in their area and to conduct reviews where appropriate (see sections 21 and 22),

(b) the types of reviews that can be conducted, the considerations to be taken into account by the reviewing body and the changes that can be recommended in relation to each type of review (see sections 23 to 33),

(d) the implementation of recommendations following a review and associated matters (such as the transfer of staff or property between principal councils and other public bodies) (see sections 37 to 44).

(3A) Part 3A makes provision about Senedd constituency boundary reviews conducted by the Commission.

(4) Part 4 makes provision about the review of the membership of certain public bodies.

(5) Part 5 makes provision—

(a) about the appointment of a presiding member for a principal council;

(b) restating and extending the powers of local authorities in relation to promoting and opposing private Bills;

(d) about the electronic publication of certain public bodies' (including local authorities) registers of members' interests;

(e) relating to remote attendance at meetings of principal councils;

(f) relating to the role of democratic services committees;

(g) applying political balance requirements to the audit committees of principal councils;

(h) relating to the functions of the Independent Remuneration Panel for Wales and how it prepares reports;

(i) about the establishment of joint standards committees;

(j) enabling the standards committee or monitoring officer of a relevant authority to refer cases relating to conduct to the standards committee or monitoring officer of another relevant authority.

(6) Part 6 makes general provision about this Act.

PART 2 — Democracy and Boundary Commission Cymru

Continuation and name

Local Democracy and Boundary Commission for Wales

2

(1) The body corporate called the Local Government Boundary Commission for Wales (established under section 53 of the 1972 Act) is to continue in existence.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) That body corporate (which was first renamed by subsection (2)) is renamed the Democracy and Boundary Commission Cymru (referred to in this Act as “the Commission).

Status

3

(1) The Commission is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) The Commission's property is not to be regarded as property of, or property held on behalf of, the Crown.

Members

Membership

4

(1) The Commission consists of—

(a) a member to chair the Commission (the “chairing member”),

(b) a member to act as deputy to the chairing member, and

(2) Members are to be appointed by the Welsh Ministers on such terms and conditions as the Welsh Ministers may determine (including conditions as to remuneration, allowances and expenses).

(3) A member may not be—

(a) a member of a UK legislature;

(ba) a‍ person engaged by a member of‍ a UK legislature, under a contract of service or a contract for services, in connection with the carrying out of the member’s functions;

(bb) a person engaged by a registered political party under a contract of service or a contract for services;

(bc) a special advise‍r;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) a member or member of staff of a National Park authority for a National Park in Wales;

(ea) a member or member of staff of a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);

(eb) a member or member of staff of a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies;

(f) a police and crime commissioner for a police area in Wales; or

(g) a member of the Commission's staff.

Tenure

5

Members of the Commission hold and vacate office in accordance with their terms and conditions of appointment.

Proceedings

6

(1) The quorum for meetings of the Commission is 3.

(1A) The Welsh Ministers may by regulations amend subsection (1) to change the quorum, but may not change the quorum to a number which is lower than 3.

(2) The Commission may otherwise regulate its own procedure.

(3) The validity of anything done by the Commission is not affected by any defect in the appointment of a member.

Seal and validity of documents

7

(1) The Commission may have a seal.

(2) The application of the seal is authenticated by the signature of a member of the Commission or of another person authorised by the Commission for that purpose.

(3) A document purporting to be duly executed under the seal of the Commission, or signed on its behalf by the chief executive or another member of staff authorised to do so, is to be received in evidence and taken to be so executed or signed unless the contrary is proved.

Staff, experts and assistant commissioners

Chief executive

8

(1) The Commission must employ a chief executive.

(2) The chief executive is to be appointed by the Commission on such terms and conditions as it may determine (including conditions as to remuneration, pension, allowances and expenses).

(2A) But if the office of chief executive has been vacant for more than six months, the Welsh Ministers may appoint a chief executive on such terms and conditions as they may determine (including conditions as to remuneration, pension, allowances and expenses).

(3) Before appointing a chief executive under subsection (2A), the Welsh Ministers must consult the Commission.

(4) The chief executive may not be—

(a) a member of a UK legislature;

(ba) a‍ person engaged by a member of‍ a UK legislature, under a contract of service or a contract for services, in connection with the carrying out of the member’s functions;

(bb) a person engaged by a registered political party under a contract of service or a contract for services;

(bc) a special advise‍r;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) a member or member of staff of a National Park authority for a National Park in Wales;

(ea) a member or member of staff of a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);

(eb) a member or member of staff of a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies;

(f) a police and crime commissioner for a police area in Wales.

(5) The Commission must, in exercising its functions under this section, have regard to any guidance issued by the Welsh Ministers.

Other staff

9

(1) The Commission may employ staff.

(2) Staff are to be employed on terms and conditions determined by the Commission (including conditions as to remuneration, pension, allowances and expenses).

(3) The Commission must consult the Welsh Ministers before determining the amounts payable to its staff in respect of remuneration, pensions, allowances and expenses.

Experts

10

(1) The Commission may appoint a person (an “expert”) to assist it in the exercise of its functions.

(2) Before appointing an expert the Commission must consult the Welsh Ministers.

(3) An appointment under subsection (1) may not be made unless the Commission is satisfied that the expert has knowledge, experience or expertise relevant to the exercise of its functions.

(4) The Commission may pay the expert such remuneration, allowances or expenses as it may determine.

(5) The Commission must consult the Welsh Ministers before determining the remuneration or allowances payable to an expert.

Assistant commissioners

11

(1) The Commission may appoint one or more persons (to be known as an “assistant commissioner) to whom the Commission may delegate functions in accordance with section 13(1).

(2) An assistant commissioner may not be—

(a) a member of a UK legislature;

(ba) a‍ person engaged by a member of‍ a UK legislature, under a contract of service or a contract for services, in connection with the carrying out of the member’s functions;

(bb) a person engaged by a registered political party under a contract of service or a contract for services;

(bc) a special adviser‍;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) a member or member of staff of a National Park authority for a National Park in Wales;

(ea) a member or member of staff of a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);

(eb) a member or member of staff of a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies;

(f) a police and crime commissioner for a police area in Wales; or

(g) a member of the Commission's staff.

(3) Before appointing an assistant commissioner the Commission must consult the Welsh Ministers.

(4) The Commission may pay an assistant commissioner such remuneration, allowances or expenses as it may determine.

(5) The Commission must consult the Welsh Ministers before determining the remuneration or allowances payable to an assistant commissioner.

General powers and directions

Powers

12

(1) The Commission may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of its functions.

(2) But the Commission may not—

(a) borrow money;

(b) acquire land or other property without the consent of the Welsh Ministers; or

Delegation

13

(1) The Commission may delegate to one or more of its members or one or more assistant commissioners such of its functions under —

(a) Chapters 2 to 4, 6 or 7 of Part 3 (functions relating to the conduct of reviews of local government or local inquiries);

(b) Part 3A (functions relating to Senedd constituency boundary reviews);

as it may determine to the extent so delegated.

(2) Subsection (1) does not affect the Commission's—

(a) responsibility for exercise of delegated functions, or

(b) ability to exercise delegated functions.

Directions

14

(1) The Commission must comply with any direction (general or specific) given to it by the Welsh Ministers.

(2) A direction given by the Welsh Ministers under this Act may be varied or revoked by a subsequent direction.

(3) This section does not permit the Welsh Ministers to give the Commission a direction relating to the exercise of its functions under Part 3A (functions relating to Senedd constituency boundary reviews).

Financial matters

Funding

15

(1) The Welsh Ministers may pay grants to the Commission of such amounts as they may determine.

(2) A grant is made subject to any conditions specified by the Welsh Ministers (including conditions about repayment).

Accounting officer

16

(1) The Welsh Ministers must designate a person to act as the Commission's accounting officer.

(2) The accounting officer has, in relation to the Commission's accounts and finances, the responsibilities specified in a direction by the Welsh Ministers.

(3) The responsibilities that may be specified include—

(a) responsibilities in relation to the signing of accounts;

(b) responsibilities for the propriety and regularity of the Commission's finances;

(d) responsibilities owed to the Welsh Ministers, the National Assembly for Wales or the Public Accounts Committee of the National Assembly;

(e) responsibilities owed to the House of Commons or the Committee of Public Accounts of that House.

Audit committee

17

(1) The Commission must establish a committee (an “audit committee”) to—

(a) review and scrutinise the Commission's financial affairs,

(b) review and assess the Commission's risk management, internal control and corporate governance arrangements,

(c) review and assess the economy, efficiency and effectiveness with which resources have been used in discharging the Commission's functions, and

(d) make reports and recommendations to the Commission in relation to reviews conducted under paragraphs (a), (b) or (c).

(2) The audit committee must send copies of its reports and recommendations to the Welsh Ministers.

(3) It is for the audit committee to determine how to exercise its functions under this section.

Audit committee: membership

18

(1) The audit committee is to consist of—

(a) at least two members of the Commission, and

(b) at least one lay member.

(2) The Commission's chairing member may not be a member of the audit committee.

(3) The Commission may pay such remuneration, allowances and expenses to a lay member as it may determine.

(4) The Commission must consult the Welsh Ministers before determining the remuneration or allowances payable to a lay member.

(5) In this section “lay member” means any person other than—

(a) a member or an employee of the Commission, or

(b) an expert appointed under section 10(1) or assistant commissioner appointed under section 11(1).

Accounts and external audit

19

(1) The Commission must for each financial year—

(a) keep proper accounts and proper records in relation to them, and

(b) prepare a statement of accounts.

(2) Each statement of accounts must comply with any directions given by the Welsh Ministers as to—

(a) the information to be contained in it,

(b) the manner in which the information is to be presented,

(3) No later than 31 August after the end of each financial year the Commission must submit its statement of accounts to—

(a) the Welsh Ministers, and

(b) the Auditor General for Wales.

(4) The Auditor General for Wales must—

(a) examine, certify and report on the statement of accounts, and

(b) no later than 4 months after the statement was submitted, lay before the National Assembly for Wales a copy of the certified statement and report.

(5) In this section, “financial year” means the period of 12 months ending on 31 March.

Annual reports

20

(1) No later than 30 November after the end of each financial year the Commission must submit a report to the Welsh Ministers on the discharge of its functions during that year.

(2) The Welsh Ministers must publish the report and lay a copy before the National Assembly for Wales.

(3) In this section, “financial year” has the same meaning as in section 19.

PART 3 — ARRANGEMENTS FOR LOCAL GOVERNMENT

CHAPTER 1 — DUTIES TO MONITOR LOCAL GOVERNMENT ARRANGEMENTS

Duty of the Commission

Duty of the Commission to monitor arrangements for local government

21

(1) The Commission must, for the purpose of considering whether it is appropriate to make or recommend changes under this Part, monitor the areas and electoral arrangements relevant to local government in Wales.

(2) In pursuance of that duty, the Commission must carry out such reviews under this Part as are required under this or any other enactment, as may be directed by the Welsh Ministers, or as it otherwise considers appropriate.

(3) In carrying out its duties under this Part (and in conducting any review), the Commission must seek to ensure effective and convenient local government.

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