Legalize / United Kingdom / Wales / Act of Senedd Cymru

Local Government and Elections (Wales) Act 2021

Type Act of Senedd Cymru

Publication 2021-01-20

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — ELECTIONS

Overview of Part

Overview

1

This Part—

(a) provides for the extension of the right to vote in local government elections to new categories of person (sections 2 to 4);

(b) provides for two systems for the election of councillors for principal councils (the simple majority system and the single transferable vote system) and makes provision about which system applies to any particular council (including a power for any councils to decide which applies) and the powers to make rules for such elections (sections 5 to 13);

(c) provides for change to the electoral cycle for local government elections from four years to five years (sections 14 to 16) and extension of the power to change the ordinary day of local elections in Wales (section 17);

(d) provides for registration of local government electors without application (section 18);

(e) makes provision about qualification for election and holding office as a member of a local authority (section 19);

(f) makes provision about disqualification for election or from holding office as a member of a local authority (sections 20 and 21);

(g) makes provision about the display of documents at local elections (section 22);

(h) makes provision about meeting returning officers' expenditure (paragraph 2(5) of Schedule 2).

Right to vote in local government elections

Guidance

2

(1) In section 2 of the 1983 Act (local government electors)—

(a) in subsection (1)—

(i) in paragraph (c), for “or a relevant citizen of the Union” substitute “ , a relevant citizen of the Union or (in Wales) a qualifying foreign citizen ”;

(ii) in paragraph (d), after “over” insert “ except in Wales (see subsection (1A)) ”;

(b) after subsection (1) insert—

(1A) In Wales, voting age is 16 years or over.

(2) In section 12 of the Government of Wales Act 2006 (c. 32) (entitlement to vote)—

(a) in subsection (1)(a), omit “or fall within the extended franchise for Senedd elections as described in this section”;

(b) omit subsection (1A);

(3) In section 4 of the 1983 Act (entitlement to be registered as a local government elector)—

(a) in subsection (3)—

(i) in paragraph (c), for “or a relevant citizen of the Union” substitute “ , a relevant citizen of the Union or (in relation to a local government election in Wales) a qualifying foreign citizen ”;

(ii) in paragraph (d), omit “ or, if resident in an area in Wales, is 16 years of age or over”;

(b) omit subsection (3A);

Transitional provision

3

(1) Despite the coming into force of the amendments made by the provisions mentioned in subsection (2) by virtue of section 175(3), they only have effect in relation to a local government election or a local referendum for the purposes of—

(a) a local government election at which the poll is held on or after 5 May 2022;

(b) a local referendum held on or after 5 May 2022.

(2) The provisions are—

(a) section 2(1) and (3);

(b) section 22;

(3) In subsection (1), “local referendum” means a referendum held under—

(a) section 27 of the 2000 Act or by virtue of regulations or an order made under Part 2 of that Act;

(b) section 40 of the 2011 Measure.

Duty to promote awareness and provide assistance

4

(1) A principal council must—

(a) promote awareness among relevant young people of the arrangements for registration as local government electors that apply to them;

(b) take the steps the council considers necessary to help relevant young people register as local government electors.

(2) In this section “relevant young people” means—

(a) persons resident in the principal council's area who have attained the age of 14, but are under the age of 18;

(b) persons of the same age who—

(i) are not resident in the area of the principal council, and

(ii) are looked after by the council;

(i) are not resident in the area of the principal council, and

(ii) are persons to whom the council has a duty to safeguard and promote their well-being under section 109 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

(3) In this section, a person is looked after if the person is a looked after child for the purposes of the Social Services and Well-being (Wales) Act 2014.

Voting systems for elections to principal councils

Two voting systems

5

(1) There are two systems for electing councillors of a principal council in polls at contested elections—

(a) a simple majority system, and

(b) a single transferable vote system.

(2) See local elections rules for provision about how each system works.

(3) See sections 7 to 9 for provision about which system applies to a council and how the system that applies to a council is changed.

(4) In this Part, “local elections rules” means—

(a) rules made under section 36A of the 1983 Act (inserted by section 13(3));

(b) rules made under section 36 of the 1983 Act that have effect by virtue of section 13(4).

Key definitions

6

(1) A “simple majority system” means an electoral system where—

(a) each voter may cast as many votes as there are offices to be filled;

(b) in the case of an election for a single office, the candidate who receives the highest number of votes is elected;

(c) in the case of an election to fill more than one office, the candidates equal to the number of offices to be filled who receive the highest number of votes are elected.

(2) A “single transferable vote system” means an electoral system where—

(a) in the case of an election to fill more than one office—

(i) voters express a first preference for one candidate and may express second and further preferences for other candidates;

(ii) a quota for election is calculated from the number of votes and offices to be filled;

(iii) the first preferences are counted and any candidate whose first preference votes equal or exceed the quota is elected;

(iv) if insufficient candidates are elected under sub-paragraph (iii), the proportion of an elected candidate's votes above the quota is redistributed according to voters' further preferences;

(v) candidates who then reach the quota are elected and the candidate with the fewest votes is excluded;

(vi) the excluded candidate's votes are redistributed according to voters' further preferences;

(vii) if insufficient candidates are elected under sub-paragraphs (iv) to (vi), the steps described in those sub-paragraphs are repeated until all offices are filled;

(b) in the case of an election for a single office—

(i) voters express a first preference for one candidate and may express second and further preferences for other candidates;

(ii) an absolute majority of votes for election is calculated from the number of votes;

(iii) the first preferences are counted and, if a candidate's first preference votes equal or exceed the absolute majority of votes, that candidate is elected;

(iv) if no candidate is elected under sub-paragraph (iii), the candidate with the fewest votes is excluded, the excluded candidate's votes are redistributed according to voters' further preferences and a candidate who then reaches the absolute majority is elected;

(v) if no candidate is elected under sub-paragraph (iv), the steps described in sub-paragraph (iv) are repeated until a candidate is elected.

(3) The systems described in subsections (1) and (2) may include other provision for situations where—

(a) following the steps described does not lead to a candidate being elected, or

(b) it would not be appropriate to follow the steps described.

(4) This section applies for the purposes of this Part.

The voting system that applies

7

(1) This section provides for the voting system that applies to electing councillors of a principal council in a poll at a contested election.

(2) The simple majority system provided for by local elections rules applies, unless and until the council changes the voting system for the first time.

(3) But in the case of a principal council constituted by regulations under Part 7 (mergers and restructuring), the voting system provided for in the regulations applies, unless and until the council changes the voting system for the first time after the first ordinary election of councillors to the council.

(4) After a principal council has changed the voting system for the first time (including the first time after a principal council is established), the system to which the council has most recently decided to change applies (subject to subsection (6)).

(5) If a principal council changes its voting system, the change takes effect at the first ordinary election of councillors that takes place after the council passes the resolution required by section 9 and continues in effect unless and until the system is changed again.

(6) But in a poll for an election to fill a casual vacancy in the office of councillor that takes place before the first ordinary election of councillors after the principal council passes the resolution required by section 9, the voting system that applied at the last ordinary election applies.

Power to change the voting system

8

(1) A principal council may change the voting system that applies to the election of councillors of the council, subject to the requirements of this section and section 9.

(2) If the voting system that applies to a council for the time being is the simple majority system provided for by local elections rules, the council may change it to the single transferable vote system provided for by those rules.

(3) If the voting system that applies to a council for the time being is the single transferable vote system provided for by local elections rules, the council may change it to the simple majority system provided for by those rules.

(4) The power to change the voting system under this section—

(a) is not to be the responsibility of an executive of the council under executive arrangements (within the meaning of section 10 of the 2000 Act);

(b) is not a function to which section 101 of the 1972 Act (arrangements for discharge of functions by local authorities) applies.

(5) Before a principal council exercises its power to change its voting system it must consult—

(a) the persons entitled to vote as electors at a local government election in its area;

(b) each community council in its area;

Resolutions to exercise the power to change the voting system

9

(1) A principal council's power under section 8(1) must be exercised by resolution of the council in accordance with this section.

(2) A resolution to exercise the power is not passed unless the number of councillors voting in favour of it at a meeting of the council is at least two-thirds of the total number of councillor seats on the council.

(3) A resolution to exercise the power is of no effect unless—

(a) the resolution is considered at a meeting specially convened for the purpose,

(b) written notice of the meeting is given to all councillors, and

(4) A resolution to exercise the power has no effect unless it is passed before 15 November of the year that is three years before the year in which the next ordinary election of the council is due to be held.

(5) After a principal council has exercised the power, a further resolution to exercise the power has no effect unless two ordinary elections of the council have been held under the voting system to which it was changed.

(6) A resolution to exercise the power passed during the period between two consecutive ordinary elections of the council has no effect if the council has previously voted on a resolution to exercise the power during that period at a meeting held in accordance with subsection (3).

Duty to notify when resolution passed

10

(1) If a principal council exercises its power to change the voting system under section 8, the council must notify the Welsh Ministers and the Democracy and Boundary Commission Cymru of the change.

(2) The notification must—

(a) be made within a period of 14 days beginning on the day on which the resolution under section 9 was passed,

(b) confirm that the council has passed a resolution in accordance with section 9,

(d) specify the date on which the resolution was passed.

Initial review by the Local Democracy and Boundary Commission

11

(1) After receiving a notification from a principal council under section 10, the Welsh Ministers may direct the Democracy and Boundary Commission Cymru (“the Commission”) to conduct an initial review of the area of the council.

(2) Before giving a direction under subsection (1) the Welsh Ministers must consult—

(a) the Commission, and

(b) such persons representing principal councils as the Welsh Ministers consider appropriate.

(3) A direction under subsection (1) to conduct an initial review may specify that one or more matters of a kind described in paragraph (a) or (b) are not to be considered in the initial review; and those matters are—

(a) matters set out in paragraph (b) of the definition of “electoral arrangements” in paragraph 3(1) of Schedule 1 (community councils' electoral arrangements);

(b) matters set out in the definition of “relevant consequential changes” in paragraph 3(1) of Schedule 1.

(4) A direction under subsection (1) must specify the voting system in relation to which the electoral arrangements are to be reviewed.

(5) Schedule 1 makes provision in relation to initial reviews conducted by virtue of this section.

Restriction on number of councillors if single transferable vote system applies

12

Where the single transferable vote system applies to the election of councillors for a principal council, the number of councillors for each electoral ward is to be no less than three, but no more than six.

Rules about the conduct of local elections in Wales

13

(1) The 1983 Act is amended as follows.

(2) In section 36(1) (local elections in England and Wales), omit “and Wales”.

(3) After section 36 insert—

(36A) (1) Elections of councillors for local government areas in Wales must be conducted in accordance with rules made by the Welsh Ministers. (2) In relation to the election of councillors to a county council or a county borough council, rules under subsection (1) must— (a) require polls to be conducted if elections are contested, (b) establish the requirements for becoming a candidate for election, (c) require votes at polls to be given by ballot, and (d) provide for polls to be conducted under the voting systems authorised by sections 5 to 9 of the Local Government and Elections (Wales) Act 2021, which are a simple majority system and a single transferable vote system. (3) In relation to the election of community councillors for a community council, rules under subsection (1) must— (a) require polls to be conducted if elections are contested, (b) establish the requirements for becoming a candidate for election, (c) require votes at polls to be given by ballot, and (d) provide for polls to be conducted under a simple majority system. (4) Rules under subsection (1) may make any other provision for the conduct of elections of councillors for local government areas in Wales. (5) Rules made by the Welsh Ministers may, for the purposes of, in consequence of, or for giving full effect to rules made under subsection (1), make supplementary, incidental, consequential, transitional, transitory or saving provision. (6) Rules under subsection (5) may amend, modify, repeal or revoke any enactment (including an enactment contained in this Act). (7) Before making rules under this section, the Welsh Ministers must consult such persons as they consider appropriate. (8) The requirement to consult imposed by subsection (7) may be satisfied by consultation undertaken before the coming into force of this section. (9) The power to make rules under this section— (a) is exercisable by statutory instrument; (b) includes power to make different provision for different purposes. (10) A statutory instrument containing rules under this section must not be made unless a draft of the instrument has been laid before and approved by resolution of Senedd Cymru.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Until sections 5 to 9 of this Act come into force, section 36A(2)(d) of the 1983 Act has effect as if it made the following provision—

(d) provide for polls to be conducted under a simple majority system.

Electoral cycles

Change of electoral cycle for principal councils from four years to five years

14

(1) Section 26 of the 1972 Act (election of councillors) is amended as follows.

(2) In subsection (1), for “fourth” substitute “ fifth ”.

(3) In subsection (2), for “four” substitute “ five ”.

Change of electoral cycle for community councils from four years to five years

15

(1) Section 35 of the 1972 Act (election years) is amended as follows.

(2) In subsection (2), for “fourth” substitute “ fifth ”.

(3) In subsection (2A), for “four” substitute “ five ”.

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