Legalize / United Kingdom / Wales / Act of Senedd Cymru

Local Government and Elections (Wales) Act 2021

Type Act of Senedd Cymru

Publication 2021-01-20

Last updated 2025-09-10

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(6) Section 101 of the 1972 Act (arrangements for discharge of functions by local authorities) does not apply to a community council's functions of—

(a) determining the content of a training plan or any revised plan, and

(b) reviewing the training plan.

(7) A community council must have regard to any guidance issued by the Welsh Ministers about the exercise of functions under this section.

PART 5 — COLLABORATIVE WORKING BY PRINCIPAL COUNCILS

CHAPTER 1 — TERMS USED IN PART

Terms used in Part

68

In this Part—

“corporate joint committee” (“cyd-bwyllgor corfforedig”) has the meaning given in section 72(1) and section 74(1) (and means a body corporate established by joint committee regulations for the purpose of exercising, in relation to two or more principal areas, a function specified in the regulations);

“documents” (“dogfennau”) includes information recorded in any form;

“economic well-being function” (“swyddogaeth llesiant economaidd”) is to be interpreted in accordance with section 76;

“joint committee application” (“cais cyd-bwyllgor”) has the meaning given in section 70(1);

“joint committee regulations” (“rheoliadau cyd-bwyllgor”) means—regulations under section 72 (requested joint committee regulations);regulations under section 74 (joint committee regulations where no request has been made);

“National Park authority” (“awdurdod Parc Cenedlaethol”) means a National Park authority for a National Park in Wales;

“principal area” (“prif ardal”) means—a county in Wales;a county borough (in Wales);

“strategic development plan” (“cynllun datblygu strategol”) has the meaning given in section 60M of the Planning and Compulsory Purchase Act 2004 (c. 5).

CHAPTER 2 — GUIDANCE ABOUT COLLABORATIVE WORKING

Guidance about collaborative working

69

(1) A principal council must have regard to any guidance issued by the Welsh Ministers about the exercise of its functions in collaboration with another principal council.

(2) For the purposes of this section a principal council exercises a function in collaboration with another principal council if—

(a) it exercises a function of another principal council under an arrangement made under—

(i) section 101(1)(b) of the 1972 Act (discharge of functions by another local authority);

(ii) regulations made under section 19(1) of the 2000 Act (discharge of executive functions by another local authority);

(iii) regulations made under section 19(2) of the 2000 Act (discharge of non-executive functions by the executive of another local authority);

(b) it exercises the function jointly with another principal council under an arrangement made under section 101(5) of the 1972 Act (including by virtue of regulations made under section 20(1) of the 2000 Act (joint exercise of functions));

(c) it authorises another principal council to exercise the function under an order made under section 70 of the Deregulation and Contracting Out Act 1994 (c. 70);

(d) the function is exercised in relation to its principal area and the principal area of another principal council by a corporate joint committee;

(e) it exercises the function in collaboration with another principal council under any other enactment.

CHAPTER 3 — ESTABLISHING CORPORATE JOINT COMMITTEES where request has been made

Applications to establish a corporate joint committee

Application by principal councils to establish a corporate joint committee

70

(1) Any two or more principal councils may jointly make an application (a “joint committee application”) to the Welsh Ministers, asking them to consider making regulations under section 72 establishing a corporate joint committee to exercise—

(a) a function of those councils;

(b) the economic well-being function,

in relation to the principal areas of those councils.

(2) If, following receipt of a joint committee application, the Welsh Ministers decide not to make regulations under section 72, they must notify the principal councils that made the application.

Consultation before making joint committee application

71

Before making a joint committee application the principal councils must consult—

(a) local people in the principal councils' areas,

(b) each of the councils for communities in the principal councils' areas,

(d) the public services board or boards for the principal councils' areas,

(e) every trade union which is recognised (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)) by one or more of the principal councils, and

(f) such other persons as the principal councils consider appropriate.

Requested joint committee regulations

72

(1) The Welsh Ministers may by regulations establish a body corporate (to be known as a corporate joint committee) to exercise, in relation to the principal areas of the principal councils that made the joint committee application (“the relevant councils”), a function specified in the regulations.

(2) But the Welsh Ministers may make regulations under this section only if the conditions set out in section 73 are satisfied.

(3) Regulations under this section may specify only—

(a) a function of the principal councils that made the application;

(b) the economic well-being function.

(4) Regulations under this section which specify a function of a principal council must make provision so that the function is either—

(a) exercisable by the corporate joint committee instead of by the relevant councils, or

(b) exercisable concurrently by the corporate joint committee and the relevant councils.

(5) A function of a principal council may be specified in regulations under this section by reference to a particular activity or activities.

Conditions to be met before making requested joint committee regulations

73

(1) The conditions mentioned in section 72(2) are as follows.

(2) The first condition is that the Welsh Ministers have received a joint committee application.

(3) The second condition is that the Welsh Ministers have consulted the following on a draft of the proposed regulations—

(a) the principal councils that made the joint committee application,

(b) local people in the principal councils' areas,

(d) the National Park authority for a National Park, any part of which is in the area of any of the principal councils,

(e) the public services board or boards for the principal councils' areas,

(f) every trade union which is recognised (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)) by one or more of the principal councils, and

(g) such other persons as the Welsh Ministers consider appropriate.

(4) The third condition is that the principal councils that made the joint committee application have each given consent in writing to the regulations being made.

CHAPTER 4 — ESTABLISHING CORPORATE JOINT COMMITTEES WHERE NO REQUEST HAS BEEN MADE

Joint committee regulations where no request has been made

74

(1) The Welsh Ministers may by regulations establish a body corporate (to be known as a corporate joint committee) to exercise, in relation to the principal areas specified in the regulations (“the relevant areas”), a function specified in the regulations.

(2) But the Welsh Ministers may make regulations under this section only if the conditions set out in section 75 are satisfied.

(3) Regulations under this section may specify only—

(a) a function of the principal councils for the relevant areas that relates to—

(i) improving education;

(ii) transport;

(b) the function of preparing a strategic development plan (as to which, see subsection (4));

(4) Where the function of preparing a strategic development plan is specified in joint committee regulations, Part 6 of the Planning and Compulsory Purchase Act 2004 (c. 5) applies to the corporate joint committee.

(5) Regulations under this section which specify a function of a principal council must make provision so that the function is either—

(a) exercisable by the corporate joint committee instead of by the principal councils for the relevant areas, or

(b) exercisable concurrently by the corporate joint committee and those principal councils.

(6) A function of a principal council may be specified in regulations under this section by reference to a particular activity or activities.

Conditions to be met before making regulations under section 74

75

(1) The conditions mentioned in section 74(2) are as follows.

(2) The first condition is that the Welsh Ministers have consulted the following on a draft of the regulations—

(a) the principal councils for the principal areas to be specified in the regulations,

(b) local people in the principal councils' areas,

(d) the National Park authority for a National Park, any part of which is in the area of any of the principal councils,

(e) the public services board or boards for the principal councils' areas,

(f) every trade union which is recognised (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)) by one or more of the principal councils, and

(g) such other persons as the Welsh Ministers consider appropriate.

(3) The second condition is that, if the condition in subsection (2) is satisfied and the Welsh Ministers intend to make regulations under section 74, they have given notice of their intention to—

(a) the principal councils for the principal areas to be specified in the regulations, and

(b) if the regulations specify the function of preparing a strategic development plan, the National Park authority for a National Park any part of which is in any of the principal areas to be specified in the regulations.

(4) The first condition may be satisfied by consultation undertaken before the coming into force of this section.

CHAPTER 5 — FURTHER PROVISION RELATING TO CORPORATE JOINT COMMITTEES AND JOINT COMMITTEE REGULATIONS

Promotion and improvement of economic well-being

Economic well-being function

76

(1) A corporate joint committee which has been granted the economic well-being function may do anything which it considers is likely to promote or improve the economic well-being of its area.

(2) The economic well-being function may be exercised in relation to or for the benefit of—

(a) the whole or any part of the corporate joint committee's area;

(b) all or any persons resident or present in its area.

(3) The economic well-being function includes power to do anything in relation to, or for the benefit of, any person or area situated outside the corporate joint committee's area, including areas outside Wales, if the corporate joint committee considers that it is likely to promote or improve the economic well-being of its area.

(4) Subsections (1) to (3) are subject to any prohibition, restriction or other limitation on the exercise of the economic well-being function as may be provided for in joint committee regulations or regulations under section 83.

Provision in joint committee regulations

Provision that may or must be included in joint committee regulations

77

(1) Joint committee regulations must provide that the senior executive members of the principal councils for the principal areas in the area of the corporate joint committee are members of the committee.

(2) Where the function of preparing a strategic development plan is specified in joint committee regulations and any part of a National Park is in the area of the corporate joint committee, the regulations must make provision about the membership of the committee by the National Park authority for that National Park.

(3) Joint committee regulations may, in particular, make provision about—

(a) subject to subsections (1) and (2), the composition of a corporate joint committee (including about the co-opting of members to the committee or any sub-committee);

(b) the name of a corporate joint committee;

(d) the proceedings of a corporate joint committee and of any sub-committee (including provision about voting rights);

(e) powers of a corporate joint committee to arrange for the exercise of its functions by another person;

(f) powers of a corporate joint committee to exercise, on behalf of any person, any functions of that person;

(g) powers of a corporate joint committee to exercise its functions, other than functions under Part 6 of the Planning and Compulsory Purchase Act 2004 (c. 5), jointly, or otherwise in collaboration, with another person;

(h) powers of a corporate joint committee to provide staff, goods, services or accommodation to any person;

(i) remuneration, allowances, expenses, pensions or compensation for loss of office for members of a corporate joint committee or of any sub-committee;

(j) the funding of a corporate joint committee;

(k) the finances of a corporate joint committee, including provision about—

(i) the borrowing or lending of money by a corporate joint committee;

(ii) the giving or receipt by a corporate joint committee of financial assistance;

(iii) the charging of fees by a corporate joint committee;

(l) powers of a corporate joint committee to do for a commercial purpose anything it may do in the exercise of its functions;

(m) the performance of a corporate joint committee (including making a committee subject to scrutiny by another person);

(n) the acquisition, appropriation or disposal of property (real or personal) or rights by a corporate joint committee (including provision for the acquisition of land compulsorily);

(o) the commencement of or participation in legal proceedings by a corporate joint committee (including participation in a public inquiry);

(p) powers of the Welsh Ministers to give directions to—

(i) a corporate joint committee;

(ii) a principal council for a principal area in the area of a corporate joint committee;

(iii) if the joint committee regulations specify the function of preparing a strategic development plan, the National Park authority for a National Park any part of which is in the area of a corporate joint committee,

and about the enforcement of such directions;

(q) a corporate joint committee's power to do things which are to facilitate, or are conducive or incidental to, the exercise of its functions.

(4) For the purposes of subsection (1), “senior executive member” means—

(a) in the case of a principal council operating a leader and cabinet executive, the executive leader;

(b) in the case of a principal council operating a mayor and cabinet executive, the elected mayor.

Amendment and revocation of joint committee regulations

Application by principal councils to amend or revoke joint committee regulations

78

(1) The principal councils for the principal areas in a corporate joint committee's area may jointly make an application to the Welsh Ministers, asking them to consider making regulations under section 80 to amend or revoke the joint committee regulations which established the corporate joint committee.

(2) But an application under this section may not ask the Welsh Ministers to consider—

(a) amending joint committee regulations to specify a function unless it is—

(i) a function of the councils making the application;

(ii) the economic well-being function;

(b) amending regulations made under section 74 (joint committee regulations where no request has been made) so as to—

(i) omit or modify a function which relates to improving education or transport;

(ii) omit the function of preparing a strategic development plan;

(iii) omit the economic well-being function or impose, modify or omit a prohibition, restriction or other limitation on the exercise of that function;

(3) An application under this section asking the Welsh Ministers to consider amending joint committee regulations so as to specify a principal area (so that the corporate joint committee will exercise a function in relation to that area) may not be made unless the principal council for that area is one of the applicants.

Further provision in relation to applications

79

(1) Before making an application under section 78 the principal councils must consult such persons as they consider appropriate.

(2) If, following the receipt of an application under section 78, the Welsh Ministers decide not to make regulations under section 80, the Welsh Ministers must notify the principal councils that made the application.

Amendment and revocation of joint committee regulations

80

(1) The Welsh Ministers may by regulations amend or revoke joint committee regulations.

(2) But the Welsh Ministers may make regulations under subsection (1) only if—

(a) in the case of regulations that amend regulations made under section 72 (requested joint committee regulations), the conditions set out in section 81 are satisfied;

(b) in the case of regulations that amend regulations made under section 74 so as to specify, modify or omit a function, other than so as to—

(i) specify, modify or omit a function which relates to improving education or transport;

(ii) specify or omit the function of preparing a strategic development plan;

(iii) specify or omit the economic well-being function,

the conditions set out in section 81 are satisfied;

(c) in any other case (including the case of regulations that amend regulations under section 74 to impose, modify or omit a prohibition, restriction or other limitation on the exercise of the economic well-being function), the conditions set out in section 82 are satisfied.

(3) Regulations under subsection (1) may not amend joint committee regulations so as to specify a function unless it is—

(a) a function of the principal councils in the corporate joint committee's area;

(b) the economic well-being function;

(c) in the case of regulations that amend regulations made under section 74, the function of preparing a strategic development plan.

(4) Regulations under subsection (1) which amend joint committee regulations so as to specify a function of a principal council must make provision so that the function is either—

(a) exercisable by the corporate joint committee instead of by the principal councils in the corporate joint committee's area, or

(b) exercisable concurrently by the corporate joint committee and those principal councils.

(5) Regulations under subsection (1) may amend joint committee regulations so as to specify a function of a principal council by reference to a particular activity or activities.

(6) Regulations under subsection (1) which—

(a) amend joint committee regulations so as to omit a function specified in those joint committee regulations, or

(b) revoke joint committee regulations (so as to abolish the corporate joint committee established by those regulations),

may provide that a function which will cease to be exercisable by the corporate joint committee, other than the economic well-being function or the function of preparing a strategic development plan, is to be exercisable by another person.

(7) The Welsh Ministers may by regulations revoke regulations made under this section.

Conditions to be met before amending joint committee regulations: application required from principal councils

81

(1) The conditions mentioned in section 80(2)(a) and (b) are as follows.

(2) The first condition is that the Welsh Ministers have received an application under section 78 to amend the joint committee regulations.

(3) The second condition is that the Welsh Ministers have consulted such persons as they consider appropriate on a draft of the regulations.

(4) The third condition is that the principal councils which made the application have each given consent in writing to the regulations being made.

(5) The fourth condition is that, if the conditions in subsections (2) to (4) are satisfied and the Welsh Ministers intend to make the regulations, they have given notice of their intention to the corporate joint committee.

Conditions to be met before amending or revoking joint committee regulations: no application required from principal councils

82

(1) The conditions mentioned in section 80(2)(c) are as follows.

(2) The first condition is that the Welsh Ministers have consulted such persons as they consider appropriate on a draft of the regulations.

(3) The second condition is that, if the condition in subsection (2) is satisfied and the Welsh Ministers intend to make the regulations, they have given notice of their intention to—

(a) the principal councils in the corporate joint committee's area,

(b) if the regulations will amend joint committee regulations to specify a principal area—

(i) the principal council for that area, and

(ii) if the corporate joint committee has, or under the regulations will have, the function of preparing a strategic development plan, the National Park authority for a National Park any part of which is in that area,

(c) if the regulations will amend regulations made under section 74 to specify or omit the function of preparing a strategic development plan, the National Park authority for a National Park any part of which is in the corporate joint committee's area, and

(d) the corporate joint committee.

Supplementary etc. provision in and in relation to joint committee regulations

Supplementary etc. provision in certain regulations under this Part

83

(1) Joint committee regulations and regulations under section 80 may include supplementary, incidental, consequential, transitional, transitory or saving provision.

(2) The Welsh Ministers may by regulations make supplementary, incidental, consequential, transitional, transitory or saving provision applying in relation to—

(a) all corporate joint committees;

(b) a particular corporate joint committee;

(3) Regulations under subsection (2) may also make provision imposing a prohibition, restriction or other limitation on the exercise of the economic well-being function by a corporate joint committee granted that function.

(4) Regulations under subsection (2) have effect subject to any provision included in joint committee regulations.

(5) In this section references to supplementary, incidental, consequential, transitional, transitory or saving provision include provision—

(a) for the transfer of property (real or personal), rights or liabilities (including criminal liabilities, and rights and liabilities in relation to a contract of employment)—

(i) from a principal council to a corporate joint committee;

(ii) from a National Park authority to a corporate joint committee;

(iii) from a corporate joint committee to one or more other corporate joint committees;

(iv) from a corporate joint committee to one or more principal councils, persons by whom a function is exercisable by virtue of section 80(6) or National Park authorities;

(v) from a person by whom a function is exercisable by virtue of section 80(6) to one or more principal councils or corporate joint committees;

(b) for the management or custody of property transferred to or otherwise acquired by a corporate joint committee;

(i) commenced by or against a principal council to be continued by or against a corporate joint committee;

(ii) commenced by or against a corporate joint committee to be continued by or against one or more other corporate joint committees;

(iii) commenced by or against a corporate joint committee to be continued by or against one or more principal councils, persons by whom a function is exercisable by virtue of section 80(6) or National Park authorities;

(iv) commenced by or against a person by whom a function is exercisable by virtue of section 80(6) to be continued by or against one or more principal councils or corporate joint committees;

(d) subject to subsection (6), for the transfer of staff—

(i) from a principal council to a corporate joint committee;

(ii) from a National Park authority to a corporate joint committee;

(iii) from a corporate joint committee to one or more other corporate joint committees;

(iv) from a corporate joint committee to one or more principal councils, persons by whom a function is exercisable by virtue of section 80(6) or National Park authorities;

(v) from a person by whom a function is exercisable by virtue of section 80(6) to one or more principal councils or corporate joint committees;

(e) about other staffing matters (including remuneration, allowances, expenses, pensions or compensation for loss of office);

(f) for treating for some or all purposes—

(i) a corporate joint committee as the same person in law as a principal council;

(ii) a corporate joint committee as the same person in law as a National Park authority;

(iii) a corporate joint committee as the same person in law as another corporate joint committee;

(iv) a corporate joint committee as the same person in law as a person by whom a function is exercisable by virtue of section 80(6);

(v) a principal council, a person by whom a function is exercisable by virtue of section 80(6) or a National Park authority as the same person in law as a corporate joint committee;

(vi) a principal council as the same person in law as a person by whom a function is exercisable by virtue of section 80(6);

(g) about things which a corporate joint committee may or must do that are supplementary or incidental to the functions of the committee specified in joint committee regulations by virtue of section 72(1), 74(1) or 80(1);

(h) about the provision of information or documents by a principal council, a National Park authority or a corporate joint committee to a person specified in the regulations;

(i) about co-operation by a principal council, a National Park authority or a corporate joint committee with a person specified in the regulations;

(j) for the payment of compensation in respect of loss suffered by any person in consequence of a function becoming, or ceasing to be, exercisable by a corporate joint committee.

(6) Joint committee regulations, regulations under section 80 or regulations under this section containing provision for the transfer of staff must apply the provisions of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), apart from regulations 4(6) and 10, to those transfers (whether or not the transfer is a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006).

(7) The Welsh Ministers may by regulations amend or revoke regulations made under subsection (2) or regulations made under this subsection; and regulations under this subsection may make supplementary, incidental, consequential, transitional, transitory or saving provision.

Power of the Welsh Ministers to amend, repeal etc. enactments

84

(1) Joint committee regulations and regulations under section 80 or 83 may—

(a) amend, modify, apply (with or without modifications) or disapply any enactment;

(b) repeal or revoke any enactment.

(2) The Welsh Ministers may, for the purposes of or otherwise in connection with this Part, by regulations—

(a) amend, modify, apply (with or without modifications) or disapply any enactment;

(b) repeal or revoke any enactment.

Functions of and relating to corporate joint committees and principal councils

Requirement to provide information etc.

85

The Welsh Ministers may direct a principal council, a National Park authority or a corporate joint committee to provide the Welsh Ministers with any information or documents the Welsh Ministers consider appropriate—

(a) for the purposes of considering whether to make regulations under this Part;

(b) for the purposes of giving effect to such regulations;

Guidance

86

(1) Principal councils and corporate joint committees must have regard to any guidance issued by the Welsh Ministers for the purposes of Chapters 3 and 4 and this Chapter.

(2) A National Park authority must have regard to any guidance issued by the Welsh Ministers for the purposes of Chapter 4 and this Chapter.

Exercise by principal councils of functions under this Part

87

(1) Section 101 of the 1972 Act (arrangements for discharge of functions by local authorities) does not apply to the functions set out in subsection (4).

(2) The functions set out in subsection (4) are not to be the responsibility of an executive of a principal council under executive arrangements.

(3) An elected mayor is to be treated as a councillor of a principal council for the purposes of the functions set out in subsection (4).

(4) The functions are—

(a) making a joint committee application;

(b) giving consent under section 73(4) to joint committee regulations being made;

(d) giving consent under section 81(4) to joint committee regulations being amended.

Amendments of other enactments

Amendments relating to strategic planning and joint transport authorities

88

(1) Part 1 of Schedule 9 makes provision amending the Planning and Compulsory Purchase Act 2004 (c. 5) and other enactments to—

(a) repeal the powers of the Welsh Ministers to establish strategic planning panels and strategic planning areas, and

(b) provide for the grant of functions relating to the preparation of strategic development plans to certain corporate joint committees.

(2) Part 2 of Schedule 9 makes provision amending other enactments to repeal the power of the Welsh Ministers to establish joint transport authorities.

PART 6 — PERFORMANCE AND GOVERNANCE OF PRINCIPAL COUNCILS AND CORPORATE JOINT COMMITTEES

CHAPTER 1 — PERFORMANCE, PERFORMANCE ASSESSMENTS AND INTERVENTION : PRINCIPAL COUNCILS

Performance

Duty of principal council to keep its performance under review

89

(1) A principal council must keep under review the extent to which—

(a) it is exercising its functions effectively,

(b) it is using its resources economically, efficiently and effectively, and

(2) In this Chapter, the matters set out in paragraphs (a) to (c) of subsection (1) are referred to as “the performance requirements”.

(3) A principal council must have regard to any guidance issued by the Welsh Ministers about—

(a) the performance requirements;

(b) the exercise of its functions under this Chapter.

Duty to consult local people etc. on performance

90

A principal council must from time to time, and at least once in each financial year, consult the following about the extent to which the council is meeting the performance requirements—

(a) local people,

(b) other persons carrying on a business in the council's area,

(d) every trade union which is recognised (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)) by the council.

Self-assessments of performance

Duty of principal council to report on its performance

91

(1) A principal council must, in respect of each financial year, make a report setting out its conclusions as to the extent to which it met the performance requirements during that financial year.

(2) In this section, a report under subsection (1) is referred to as a “self-assessment report”.

(3) A principal council's self-assessment report must set out any actions the council intends to take, and any actions it has already taken, with a view to increasing the extent to which it will meet the performance requirements in the financial year following the financial year to which the report relates.

(4) A self-assessment report (other than a principal council's first self-assessment report) must include the council's conclusions as to the extent to which any actions included by virtue of subsection (3) in the council's preceding report increased the extent to which the council met the performance requirements in the financial year to which the self-assessment report relates.

(5) In reaching the conclusions in its self-assessment report a council must take into account the views of the persons mentioned in paragraphs (a) to (d) of section 90 (whether those views were obtained under section 90 or otherwise) about the extent to which the council met the performance requirements during the financial year to which the report relates.

(6) The council must make a draft of its self-assessment report available to its governance and audit committee.

(7) The governance and audit committee must review the draft report and may make recommendations for changes to the conclusions, or to anything included by virtue of subsection (3), in the draft.

(8) If the council does not make a change recommended by the governance and audit committee under subsection (7), the council must set out in the report the recommendation and the reasons why it did not make the change.

(9) The council must make a self-assessment report in respect of a financial year as soon as reasonably practicable after the end of that financial year.

(10) Before the end of the period of four weeks beginning with the day on which the council makes the report the council must—

(a) publish the report,

(b) make the report available to the council's governance and audit committee, and

(i) the Auditor General for Wales,

(ii) Her Majesty's Chief Inspector of Education and Training in Wales, and

(iii) the Welsh Ministers.

(11) A council may publish its self-assessment report in respect of a financial year and its report under paragraph 1 of Schedule 1 to the Well-being of Future Generations (Wales) Act 2015 (anaw 2) (progress in meeting well-being objectives) in respect of the same financial year in the same document.

Panel assessments of performance

Duty of principal council to arrange panel performance assessment

92

(1) A principal council must make arrangements so that, at least once during the period between two consecutive ordinary elections of councillors to the council, a panel appointed by the council assesses the extent to which the council is meeting the performance requirements.

(2) In this section, an assessment under subsection (1) is referred to as a “panel performance assessment”.

(3) In carrying out a panel performance assessment in respect of a council, a panel must consult the following about the extent to which the council is meeting the performance requirements—

(a) local people,

(b) other persons carrying on a business in the council's area,

(d) every trade union which is recognised (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)) by the council.

(4) Following a panel performance assessment a panel must make a report setting out—

(a) its conclusions as to the extent to which the council is meeting the performance requirements;

(b) any actions the panel recommends that the council take in order to increase the extent to which it meets the performance requirements.

(5) As soon as reasonably practicable after making the report the panel must send it to—

(a) the council,

(b) the Auditor General for Wales,

(d) the Welsh Ministers.

(6) As soon as reasonably practicable after receiving the report from the panel, the council must—

(a) make the report available to the council's governance and audit committee, and

(b) publish the report.

(7) Arrangements under subsection (1) must enable the principal council to publish at least one report before the day which is six months before the day on which the next ordinary election of councillors to the council is due to take place.

(8) In this section, a reference to a panel is a reference to the members of that panel acting jointly; accordingly, a function expressed as a function of a panel is a function of each member of the panel that may only be exercised jointly with the other members.

Duty of principal council to respond to report of panel performance assessment

93

(1) A principal council must prepare a response to each report made under section 92(4) in respect of the council.

(2) The response must state—

(a) the extent to which the council accepts the conclusions in the report as to the extent to which the council is meeting the performance requirements,

(b) the extent to which the council intends to follow any recommendations in the report, and

(3) The council must make a draft of the response available to its governance and audit committee.

(4) The governance and audit committee must review the draft response and may make recommendations for changes to the statements made in the draft under subsection (2).

(5) If the council does not make a change recommended by the governance and audit committee under subsection (4), the council must set out, in the response, the recommendation and the reasons why it did not make the change.

(6) As soon as reasonably practicable after finalising the response the council must—

(a) publish the response, and

(b) send the response to—

(i) the members of the panel,

(ii) the Auditor General for Wales,

(iii) Her Majesty's Chief Inspector of Education and Training in Wales, and

(iv) the Welsh Ministers.

(7) Arrangements under section 92(1) must enable the principal council to publish at least one response to a report before the day which is four months before the day on which the next ordinary election of councillors to the council is due to take place.

Panel performance assessments: supplementary regulations

94

(1) The Welsh Ministers may by regulations make provision for and in connection with the appointment by principal councils of panels under section 92(1).

(2) The regulations may, in particular, include provision about—

(a) the appointment of members of a panel (including the number, and any limit on the number, of members who may or must be appointed, and any conditions for appointment);

(b) the payment of fees to or in relation to members of a panel.

Special inspections by Auditor General for Wales

Power of Auditor General to carry out a special inspection

95

(1) If the Auditor General for Wales (“the Auditor General”) considers that a principal council is not, or may not be, meeting the performance requirements, the Auditor General may carry out an inspection in order to assess the extent to which the council is meeting those requirements.

(2) In this Chapter, an inspection under subsection (1) is referred to as a “special inspection”.

(3) The Welsh Ministers may request the Auditor General to consider whether—

(a) a particular principal council is not, or may not be, meeting the performance requirements, and

(b) to carry out a special inspection.

(4) Before determining whether to carry out a special inspection of a principal council, the Auditor General must consult the Welsh Ministers, unless the Welsh Ministers made a request under subsection (3) in relation to the council.

(5) Before carrying out a special inspection of a principal council the Auditor General must give notice in writing to the council specifying—

(a) the Auditor General's reasons for considering that the council is not or may not be meeting the performance requirements, and

(b) the matters that the Auditor General intends to inspect (but the Auditor General is not restricted to inspecting only the matters specified in the notice).

(6) Following a special inspection of a council the Auditor General must make a report setting out—

(a) the Auditor General's conclusions as to the extent to which the council is meeting the performance requirements, and

(b) any actions which the Auditor General recommends that the council or the Welsh Ministers take for the purposes of—

(i) increasing the extent to which the council meets the performance requirements;

(ii) improving the effectiveness of local government for the area of the council.

(7) As soon as reasonably practicable the Auditor General must—

(a) publish the report, and

(b) send the report to—

(i) the council,

(ii) Her Majesty's Chief Inspector of Education and Training in Wales, and

(iii) the Welsh Ministers.

(8) As soon as reasonably practicable after receiving the report from the Auditor General, the council must make it available to its governance and audit committee.

(9) If a report deals with the administration of housing benefit by the council, the Auditor General may send the report to the Secretary of State.

Duty of principal council to respond to Auditor General’s recommendations

96

(1) If a report made by the Auditor General under section 95(6) contains recommendations under section 95(6)(b) for action to be taken by a principal council, the council must prepare a response to the recommendations.

(2) The response must state what action, if any, the council intends to take in response to the recommendations.

(3) The council must make a draft of the response available to its governance and audit committee.

(4) The governance and audit committee must review the draft response and may make recommendations for changes to the statement made in the draft under subsection (2).

(5) If the council does not make a change recommended by the governance and audit committee under subsection (4), the council must set out, in the response, the recommendation and the reasons why it did not make the change.

(6) The council must send the response to the Auditor General before the end of—

(a) the period of 30 days beginning with the day on which the council receives the Auditor General's report, or

(b) any longer period which the Auditor General specifies in writing.

(7) As soon as reasonably practicable after sending the response to the Auditor General the council must—

(a) publish the response, and

(b) send the response to—

(i) Her Majesty's Chief Inspector of Education and Training in Wales, and

(ii) the Welsh Ministers.

Duty of the Welsh Ministers to respond to Auditor General’s recommendations

97

(1) If a report made by the Auditor General under section 95(6) contains recommendations under section 95(6)(b) for action to be taken by the Welsh Ministers, the Welsh Ministers must prepare a response to the recommendations.

(2) As soon as reasonably practicable the Welsh Ministers must—

(a) publish the response, and

(b) send the response to—

(i) the Auditor General,

(ii) the principal council to which the Auditor General's report relates, and

(iii) Her Majesty's Chief Inspector of Education and Training in Wales.

Auditor General’s powers of entry and inspection etc.

98

(1) An inspector may at any reasonable time enter any premises of a principal council and do anything that the inspector considers necessary for the purposes of a special inspection of that council, including inspecting a document held by the council.

(2) An inspector may require a principal council to provide the inspector with any of the following that the inspector considers necessary for the purposes of a special inspection of that council—

(a) a document held by the council;

(b) facilities and assistance.

(3) If an inspector considers a person may be able to provide information, an explanation or a document that the inspector considers necessary for the purposes of a special inspection, the inspector may require that person to attend before the inspector at any reasonable time to provide the information, explanation or document.

(4) An inspector may—

(a) copy a document inspected under subsection (1) or provided under subsection (2)(a) or (3);

(b) require a principal council to provide the inspector with a legible copy, including a legible electronic copy, of a document inspected under subsection (1) or provided under subsection (2)(a);

(c) retain a document inspected under subsection (1) or provided under subsection (2)(a) or (3), but only for as long as is necessary for the purposes of the special inspection.

(5) In this section and sections 99 and 100, “inspector” means the Auditor General for Wales or a person exercising a function of the Auditor General for Wales under this Chapter by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013 (anaw 3).

Auditor General’s powers of entry and inspection etc.: notice and evidence of identity

99

(1) An inspector may enter the premises of a principal council in exercise of the powers under section 98(1) (powers to enter council premises and do things for the purposes of a special inspection) only if—

(a) an inspector has given notice in writing to the council, and

(b) there are at least three working days between the day on which the inspector gives the notice and the day on which the inspector enters the premises.

(2) An inspector may exercise the powers under section 98(2) (powers to require documents, facilities and assistance) only if—

(a) an inspector has given notice in writing to the council, and

(b) there are at least three working days between the day on which the inspector gives the notice and the day on which the council is required to provide the document, facilities or assistance.

(3) The requirements in subsections (1) and (2) do not apply if an inspector considers that giving notice to a principal council would, or would be likely to, prejudice a special inspection of that council.

(4) An inspector may exercise the power under section 98(3) (power to require persons to attend before an inspector) only if—

(a) an inspector has given notice in writing to the person, and

(b) between the day on which the inspector gives the notice and the day on which the person is required to attend before the inspector there are at least—

(i) three working days if the person is a member of a principal council or a member of the staff of a principal council, or

(ii) seven working days in any other case.

(5) Notice under subsection (1) or (2) to a principal council may be given by—

(a) leaving the notice at the principal office of the council;

(b) sending the notice by first class post, or by an alternative service which provides for delivery no later than the next working day, to the principal office of the council;

(c) sending the notice to any e-mail address which the council has specified to the Auditor General for Wales for the purposes of receiving notices under this section.

(6) Notice under subsection (4) to a member of a principal council or a member of the staff of a principal council may be given by—

(a) leaving the notice at the principal office of the council;

(b) sending the notice by first class post, or by an alternative service which provides for delivery no later than the next working day, to the principal office of the council;

(d) leaving the notice at the last known residence of the person;

(e) sending the notice by first class post, or by an alternative service which provides for delivery no later than the next working day, to the last known residence of the person.

(7) Notice under subsection (4) to a person other than a member of a principal council or a member of the staff of a principal council may be given by—

(a) handing the notice to the person;

(b) leaving the notice at the last known residence or place of business of the person;

(c) sending the notice by first class post, or by an alternative service which provides for delivery no later than the next working day, to the last known residence or place of business of the person.

(8) An inspector must produce evidence that they are an inspector if requested to do so by a person in respect of whom the inspector attempts to exercise a power under section 98 (and if the inspector does not produce that evidence the power is not exercisable).

Auditor General’s powers of entry and inspection etc.: offences

100

(1) A person who without reasonable excuse fails to comply with a requirement imposed under section 98(2), (3) or (4)(b) commits an offence.

(2) A person who intentionally obstructs an inspector exercising or attempting to exercise a power under section 98(1) or (4)(a) or (c) commits an offence.

(3) A person guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) The reasonable expenses incurred by an inspector in proceedings for an offence under subsection (1) or (2) alleged to have been committed in relation to a special inspection are, so far as not recoverable from any other source, recoverable from the principal council to which the special inspection relates.

Auditor General’s fees

101

(1) The Wales Audit Office must prescribe a scale of fees in respect of special inspections.

(2) A principal council in respect of which a special inspection is carried out must, subject to subsection (3), pay to the Wales Audit Office, in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013 (anaw 3), the fee payable under the scale prescribed under subsection (1).

(3) If it appears to the Wales Audit Office that the work involved in a particular special inspection was substantially more or less than that envisaged by the scale prescribed under subsection (1), the Wales Audit Office may charge a fee which is larger or smaller than that mentioned in subsection (2).

(4) But a fee charged under this section may not exceed the full cost of carrying out the activity to which it relates.

(5) Before prescribing a scale of fees under this section the Wales Audit Office must consult—

(a) the Welsh Ministers, and

(b) such persons representing principal councils as the Wales Audit Office considers appropriate.

Support and assistance with improving performance

Support and assistance by the Welsh Ministers

102

(1) The Welsh Ministers may provide a principal council with such support and assistance as the Welsh Ministers consider appropriate to increase the extent to which the council meets the performance requirements.

(2) A principal council may ask the Welsh Ministers to consider providing the council with support and assistance under subsection (1).

(3) Before providing support and assistance under subsection (1) to a principal council, the Welsh Ministers must consult the council about the support and assistance they intend to provide.

(4) The function in subsection (1) includes power to—

(a) enter into a contract or other agreement or arrangement with any person;

(b) cooperate with, or facilitate or co-ordinate the activities of, any person;

Direction to a principal council to provide support and assistance

103

(1) The Welsh Ministers may direct a principal council to provide another principal council (“the supported council”) with such support and assistance as the Welsh Ministers consider appropriate to increase the extent to which the supported council meets the performance requirements.

(2) The support and assistance to be provided must be specified in the direction.

(3) But before giving a direction under this section the Welsh Ministers must consult both councils.

(4) The support and assistance which the Welsh Ministers may direct a principal council to provide include—

(a) entering into a contract or other agreement or arrangement with the supported council (and the direction may specify its terms and conditions);

(b) co-operating with, or facilitating or co-ordinating the activities of, the supported council;

Intervention by the Welsh Ministers

Powers of the Welsh Ministers to intervene

104

(1) The Welsh Ministers may give an intervention direction to or in relation to a principal council if they consider that—

(a) it is likely that the council is not meeting the performance requirements, or

(b) the council is not meeting the performance requirements.

(2) But before giving an intervention direction the Welsh Ministers must—

(a) provide or attempt to provide support and assistance to the council (which may include directing another council under section 103),

(b) consult such persons as the Welsh Ministers consider appropriate, and

(3) A requirement in paragraph (a), (b) or (c) of subsection (2) does not apply if the Welsh Ministers consider that there is an urgent need to give the direction and the urgency is such that it would be appropriate to do so without taking the step set out in the paragraph.

(4) In this section, “intervention direction” means a direction under section 105, 106 or 107; and those sections are subject to subsections (1) to (3) of this section.

Direction to co-operate with provision of support and assistance

105

(1) The Welsh Ministers may direct a principal council (“the supported council”) to co-operate with—

(a) the Welsh Ministers;

(b) a principal council acting under a direction under section 103,

for the purposes of enabling support and assistance to be provided to the supported council.

(2) When a direction under this section has effect the supported council must provide a person referred to in subsection (1)(a) or (b) with the following things, to the extent the person considers necessary for the purposes of providing support and assistance to the council—

(a) access to its premises;

(b) access to documents held by it (and the supported council must allow the person to take copies of those documents);

(d) facilities and assistance.

(3) But subsection (2) does not require a council to provide, or provide access to, anything that the council is prohibited from providing or providing access to by any enactment or rule of law.

(4) A direction under this section may require a supported council to co-operate with a person referred to in subsection (1)(a) or (b) by taking steps specified in the direction, including—

(a) entering into a contract or other agreement or arrangement (and the direction may specify its terms and conditions) with that person;

(b) allowing that person to facilitate or co-ordinate any of the council's activities.

(5) In subsection (1)(a) and (b), the references to the Welsh Ministers and a principal council acting under a direction under section 103 include a person acting on behalf of, assisting or authorised by them.

Direction to take or not to take etc. a specified step

106

(1) The Welsh Ministers may direct a principal council to—

(a) take a specified step (and the direction may specify a deadline by which the step must be taken);

(b) not take a specified step;

(c) cease taking a specified step (and the direction may specify a deadline by which the council must cease taking the step).

(2) The steps which a direction may require a council to take include entering into a contract or other agreement or arrangement—

(a) with a specified person;

(b) with a person of a specified description;

(d) on specified terms and conditions.

(3) In this section “specified” means specified in the direction.

Direction that a function be performed by the Welsh Ministers or their nominee

107

(1) The Welsh Ministers may direct that a specified function of a principal council be exercised by the Welsh Ministers or a person nominated by them.

(2) When a direction under this section has effect the principal council must—

(a) comply with the instructions of the Welsh Ministers or their nominee in relation to the exercise of the specified function;

(b) provide the Welsh Ministers or their nominee with the following things, to the extent the Welsh Ministers consider, or their nominee considers, necessary for the purposes of exercising the specified function—

(i) access to its premises;

(ii) access to documents held by it (and the principal council must allow the Welsh Ministers or their nominee to take copies of those documents);

(iii) other information;

(iv) facilities and assistance;

(3) The Welsh Ministers may by regulations apply an enactment with modifications, or disapply an enactment, in relation to functions exercisable by the Welsh Ministers or their nominee by virtue of a direction within this section.

(4) In subsection (2) the references to the Welsh Ministers and their nominee include a person acting on behalf of, assisting or authorised by the Welsh Ministers or their nominee.

(5) In this section “specified” means specified in the direction.

Supplementary

Exercise of functions under this Chapter

108

(1) A function conferred on a principal council under or by virtue of this Chapter (other than functions expressly conferred on a governance and audit committee) may be exercised by the council or by its executive, as the council may determine.

(2) If a principal council determines that a function mentioned in subsection (4) is to be exercised by the council, section 101 of the 1972 Act (arrangements for discharge of functions by local authorities) does not apply to that function.

(3) If a principal council determines that a function mentioned in subsection (4) is to be exercised by the executive, section 14 or (as the case may be) 15 of the 2000 Act (discharge of functions by executives) does not apply in relation to that function.

(4) The functions are—

(a) section 91(1) (self-assessment report);

(b) section 91(8) (response to recommendations about report);

(d) section 93(1) (response to report of panel performance assessment);

(e) section 93(5) (response to recommendations about response to report of panel);

(f) section 96(1) (response to recommendations from the Auditor General for Wales);

(g) section 96(5) (response to recommendations about response to the Auditor General for Wales);

(h) section 102(2) (request to the Welsh Ministers for support and assistance).

Power of the Welsh Ministers to add to list of persons to whom reports etc. must be sent

109

The Welsh Ministers may by regulations amend the following provisions to add a person to the lists in those provisions—

(a) section 91(10)(c) (self-assessment report);

(b) section 92(5) (report of panel performance assessment);

(d) section 95(7)(b) (report of special inspection);

(e) section 96(7)(b) (response by principal council to recommendations from the Auditor General for Wales);

(f) section 97(2)(b) (response by Welsh Ministers to recommendations from the Auditor General for Wales).

Power of the Welsh Ministers to amend etc. enactments and confer new powers

110

(1) If the Welsh Ministers consider that an enactment (other than a provision of this Chapter) prevents or obstructs a principal council from complying with this Chapter, the Welsh Ministers may by regulations amend, modify, repeal, revoke or disapply that enactment in relation to—

(a) all principal councils,

(b) particular principal councils, or

(2) The Welsh Ministers may by regulations make provision conferring on—

(a) all principal councils,

(b) particular principal councils, or

any power which the Welsh Ministers consider necessary or expedient to permit or facilitate compliance with this Chapter by a principal council.

(3) Regulations under subsection (2) may impose conditions on the exercise of any power conferred by the regulations (including conditions about consultation or approval).

Guidance

111

(1) A person who has functions under or by virtue of this Chapter must have regard to any guidance issued by the Welsh Ministers about the exercise of those functions.

(2) In exercising a function under this Chapter which relates to an assessment of the extent to which a principal council is meeting the performance requirements, a person must have regard to any guidance issued by the Welsh Ministers about the performance requirements.

(3) The requirements of this section do not apply to—

(a) the Auditor General for Wales or a person exercising a function of the Auditor General for Wales under this Chapter (by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013 (anaw 3));

(b) a principal council (see section 89(3) which deals with guidance to principal councils).

Interpretation

112

In this Chapter—

“document” (“dogfen”) includes information recorded in any form;

“performance requirements”(“gofynion perfformiad”) has the meaning given in section 89(2);

“special inspection” (“arolygiad arbennig”) has the meaning given in section 95.

Amendment of other enactments

Disapplication of the 2009 Measure in relation to principal councils and repeal of provisions about coordination of audit

113

In the 2009 Measure omit—

(a) section 1(a) (meaning of “Welsh improvement authority”);

(b) section 4(3)(a) (aspects of improvement);

(d) section 16(2)(a) and (b) (meaning of “relevant regulators” and “relevant functions”);

(e) section 22(5) (special inspection reports relating to housing benefit);

(f) section 23 (coordination of audit);

(g) section 25(4)(d) (statement of practice by the Auditor General for Wales);

(h) section 33 (information sharing); and in consequence, in section 159 of this Act omit subsection (10).

Amendment of the Well-being of Future Generations (Wales) Act 2015

114

In paragraph 1 of Schedule 1 to the Well-being of Future Generations (Wales) Act 2015 (anaw 2), after sub-paragraph (2) insert—

(2A) In respect of any financial year, a local authority may publish its report under this paragraph and its report under section 91(1) of the Local Government and Elections (Wales) Act 2021 (self-assessment of performance) in the same document.

Governance and audit committees of principal councils

New name and functions of audit committees

115

(1) Section 81 of the 2011 Measure (local authorities to appoint audit committees) is amended as follows.

(2) In subsection (1), for “(an “audit committee”)” substitute “ (a “governance and audit committee”) ”.

(3) In paragraph (c) of subsection (1), after “internal control” insert “ , performance assessment ”.

(4) After paragraph (d) of subsection (1) insert—

(da) review and assess the authority's ability to handle complaints effectively, (db) make reports and recommendations in relation to the authority's ability to handle complaints effectively,

(5) After subsection (1) insert—

(1A) See Chapter 1 of Part 6 of the Local Government and Elections (Wales) Act 2021 (performance and governance of principal councils) for further functions of governance and audit committees.

(6) Schedule 10 makes consequential amendments.

CHAPTER 2 — GOVERNANCE AND AUDIT COMMITTEES: MEMBERSHIP AND PROCEEDINGS

Membership of governance and audit committee

116

(1) Section 82 of the 2011 Measure (membership) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a) omit the words “at least”;

(b) for paragraph (b) substitute—

(b) one-third of the members of that committee are lay persons;

(3) After subsection (5) insert—

(5A) A governance and audit committee is to appoint— (a) a member of the committee as its chair (“the committee chair”), and (b) a member of the committee as the deputy to the committee chair (“the deputy chair”). (5B) The member appointed as the committee chair must be a lay person. (5C) The member appointed as the deputy chair must not be a member of the local authority's executive or an assistant to its executive.

(4) Omit subsection (6).

(5) In Schedule 10 to this Act (consequential amendments relating to governance and audit committees), omit paragraph 4(b)(ii)and (f).

Meaning of lay person

117

In section 87 of the 2011 Measure (interpretation), in subsection (2) omit the definition of “lay member” and insert—

“lay person” (“lleygwr”) means a person who— (a) is not a member or an officer of any local authority, (b) has not at any time in the period of twelve months ending with the date of that person's appointment been a member or an officer of any local authority, and (c) is not the spouse or civil partner of a member or an officer of any local authority;

Proceedings etc.

118

(1) Section 83 of the 2011 Measure (proceedings) is amended as follows.

(2) For subsections (1) and (2) substitute—

(1) A meeting of a governance and audit committee is to be chaired— (a) by the committee chair, or (b) if the committee chair is absent, by the deputy chair. (2) If both the committee chair and the deputy chair are absent the committee may appoint a member of the committee who is not a member of the local authority's executive, or an assistant to its executive, to chair the meeting.

(3) Omit subsection (8).

(4) In Schedule 6 to this Act (assistants to executives), omit paragraph 6(5).

(5) In Schedule 10 to this Act (consequential amendments relating to governance and audit committees), omit paragraph 5(a) and (b).

CHAPTER 3 — COORDINATION BETWEEN REGULATORS

Coordination between regulators

119

(1) The Auditor General for Wales and the relevant regulators must have regard to the need for coordination in the exercise of their relevant functions.

(2) In respect of each financial year the Auditor General for Wales must produce a timetable in relation to each principal council which sets out the Auditor General's opinion as to the dates or periods in that year on or during which—

(a) the relevant regulators should exercise their relevant functions in relation to the council, and

(b) the Auditor General should exercise the Auditor General's relevant functions in relation to that council.

(3) Before producing a timetable under subsection (2) the Auditor General for Wales must consult the relevant regulators.

(4) The duty under subsection (2) may be discharged by the production of a timetable which relates to more than one financial year.

(5) The Auditor General for Wales and the relevant regulators, in exercising their relevant functions in relation to a principal council, must take all reasonable steps to adhere to the timetable produced in relation to that council under subsection (2).

(6) The Auditor General for Wales must assist the relevant regulators to comply with their duties under subsections (1) and (5).

(7) In this section, “relevant regulators” and “relevant functions” have the meaning given in section 120.

“Relevant regulators” and “relevant functions”

120

(1) For the purposes of section 119 the relevant functions of the Auditor General for Wales are—

(a) auditing the accounts of a principal council under Chapter 1 of Part 2 of the Public Audit (Wales) Act 2004 (c. 23);

(b) undertaking a study under Chapter 2 of Part 2 of the Public Audit (Wales) Act 2004 in relation to a principal council;

(c) carrying out an examination of a principal council under section 15 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2).

(2) For the purposes of section 119, a relevant regulator is a person mentioned in the first column of table 1 and their relevant functions are the functions specified in the second column.

Relevant regulators	Relevant functions
Her Majesty's Chief Inspector of Education and Training in Wales	Functions under section 38 of the Education Act 1997 (c. 44) (inspection of education functions etc.)
The Welsh Ministers	Functions under section 149A and section 149B of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (reviews etc. of the exercise of social services functions)

(3) The Welsh Ministers may by regulations amend table 1 to—

(a) add an entry;

(b) amend an entry;

(4) Before making regulations under subsection (3), the Welsh Ministers must consult—

(a) such persons representing principal councils as the Welsh Ministers consider appropriate;

(b) the Auditor General for Wales;

PART 7 — MERGERS AND RESTRUCTURING OF PRINCIPAL AREAS

CHAPTER 1 — VOLUNTARY MERGERS OF PRINCIPAL AREAS

Applications for mergers

Merger applications

121

(1) Any two or more principal councils may jointly make an application (“a merger application”) to the Welsh Ministers, asking them to consider making merger regulations under section 124(1) merging their principal areas into a new principal area.

(2) Section 101 of the 1972 Act (arrangements for discharge of functions by local authorities) does not apply to the function of making a merger application.

(3) The function of making a merger application is not to be the responsibility of an executive of the principal council under executive arrangements.

(4) An elected mayor is to be treated as a councillor of the principal council for the purposes of the function of making a merger application.

(5) If, following receipt of a merger application, the Welsh Ministers decide not to make merger regulations under section 124(1), they must notify the principal councils that made the application.

Consultation before making merger application

122

(1) Before making a merger application the principal councils must consult—

(a) local people in the principal councils' areas,

(b) each of the councils for communities in the principal councils' areas,

(c) the National Park authority for a National Park any part of which is in one or more of the principal councils' areas,

(d) the fire and rescue authority for an area any part of which is in one or more of the principal councils' areas,

(e) the public services board or boards for the principal councils' areas,

(f) the Local Health Board for an area any part of which is in one or more of the principal councils' areas,

(g) every trade union which is recognised (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)) by one or more of the principal councils,

(ga) each corporate joint committee—

(i) which includes at least one senior executive member (within the meaning given by section 77(4)) of the principal councils as a member of the corporate joint committee;

(ii) which is otherwise likely to be affected by the proposal for merger,

(h) every other principal council for a principal area which is likely to be affected by the proposal for merger, and

(i) such other persons as the principal councils consider appropriate.

(2) The requirement in subsection (1) may be satisfied by consultation undertaken before the coming into force of this section.

Guidance about merger applications

123

(1) Principal councils must have regard to any guidance issued by the Welsh Ministers about the making of a merger application.

(2) The requirement in subsection (1) may be satisfied by having regard to any guidance issued by the Welsh Ministers before the coming into force of this section, and which was issued expressly for the purpose of this section.

Merger regulations

124

(1) If the Welsh Ministers receive a merger application they may make regulations which provide for the constitution of a new principal area on a date specified in the regulations (“the transfer date”) by—

(a) abolishing the principal areas of the merging councils on the transfer date, and

(b) merging, to create a new principal area, the principal areas of the merging councils.

(2) In this Part, regulations under subsection (1) are referred to as merger regulations.

(3) Merger regulations must provide for—

(a) the boundary of the new principal area,

(b) the name of the new principal area,

(d) the establishment of a council for the new principal area (in accordance with section 125),

(e) the transfer of functions of the merging councils to the new principal council, and

(f) the winding up and dissolution of the merging councils.

(4) Where the new principal area is to be a county, merger regulations must provide for the new principal council to have the name of the county with the addition of the words “County Council” or the word “Council”.

(5) Where the new principal area is to be a county borough, merger regulations must provide for the new principal council to have the name of the county borough with the addition of the words “County Borough Council” or the word “Council”.

Shadow councils and shadow executives

125

(1) Merger regulations must provide for there to be a shadow council for the new principal area.

(2) A shadow council must be an elected shadow council unless the Welsh Ministers consider it appropriate to provide for there to be a designated shadow council.

(3) An elected shadow council—

(a) consists of the councillors elected in the first ordinary election of councillors to the new principal council, and

(b) is established on the fourth day after that election, when those councillors assume office as shadow members.

(4) A designated shadow council—

(a) consists of all the members of the merging councils, and

(b) is established on the date specified in the merger regulations as the date on which those members assume office as shadow members.

(5) The merger regulations must make provision—

(a) for the appointment of a shadow executive by the shadow council, in the form of a leader and cabinet executive,

(b) in the case of a designated shadow council, specifying the composition of the shadow executive,

(c) specifying the functions of the shadow council and the shadow executive, and about the exercise of those functions, during the shadow period, and

(d) about the funding of the shadow council.

(6) Provision made in accordance with subsection (5)(d) may confer functions on a merging council, including in relation to the administration of the shadow council's finances.

(7) In subsection (5)(c), “shadow period” means the period—

(a) beginning with the date on which the shadow council is first authorised or required to exercise any functions in accordance with the merger regulations, and

(b) ending immediately before the transfer date.

(8) The merger regulations must provide that an elected shadow council is the shadow council for the new principal area until the transfer date (from when it is, and has all the functions of, the principal council for the new principal area; and the shadow executive is, and has all the functions of, the executive for the principal council).

(9) In the case of a designated shadow council, the merger regulations must provide that—

(a) the designated shadow council is the shadow council for the new principal area until the pre-election period, and

(b) during the pre-election period the shadow council is, and has all the functions of, the principal council for the new principal area; and the shadow executive is, and has all the functions of, the executive for the principal council.

(10) In subsection (9), “pre-election period” means the period—

(a) beginning with the transfer date, and

(b) ending immediately before the fourth day after the holding of the first ordinary election of councillors to the new principal council.

Voting system

126

(1) Merger regulations must specify whether the voting system that applies to the first ordinary election of councillors to the principal council for the new principal area is to be—

(a) the simple majority system provided for by rules made, or having effect as if made, under section 36A of the 1983 Act, or

(b) the single transferable vote system provided for by rules made under section 36A of the 1983 Act.

(2) The voting system specified in the merger regulations must be—

(a) the voting system agreed by the merging councils, or

(b) in the absence of agreement—

(i) the voting system used in both, or where there are three or more merging councils, all or the majority of, the merging councils immediately before the application date, or

(ii) if neither of the merging councils used, or (where there are three or more merging councils) the majority of the merging councils did not use, the same voting system immediately before the application date, the voting system determined by the Welsh Ministers after consulting the merging councils.

(3) In subsection (2)(b), “application date” means the date on which the merger application is made.

(4) If a merger application is made before section 7 comes into force—

(a) subsections (1) and (2) of this section do not apply in relation to the merger regulations relating to the application, and

(b) those regulations must provide that if section 7 is in force on the day of the first ordinary election of councillors to the principal council for the new principal area, the simple majority system applies to that election.

Elections

127

(1) Merger regulations must set—

(a) the date of the first ordinary election of councillors to the principal council for the new principal area, and

(b) the terms of office of councillors returned at that election.

(2) Merger regulations may include provision—

(a) cancelling an ordinary election of councillors to one or more of the merging councils and extending the existing terms of office of councillors;

(b) cancelling an election of an elected mayor to one or more of the merging councils and extending the existing terms of office of elected mayors;

(c) relating to requirements to fill casual vacancies in the office of councillor, vice-chair or chair, and the holding of elections in any of the merging councils or the shadow council to fill casual vacancies;

(d) postponing an ordinary election of councillors to community councils in the new principal area and the extension of the existing terms of office of councillors.

(3) Merger regulations may also include provision about—

(a) the appointment of a returning officer at the first ordinary election of councillors to the principal council for the new principal area;

(b) meeting expenditure incurred in holding that election, including provision for the making of determinations by the Welsh Ministers about how expenditure is to be met;

(d) the holding of the first meeting of the new principal council.

(4) Provision made under subsection (3)(a) may include provision for the Welsh Ministers to give directions to a principal council as to the appointment of a returning officer, and for the enforcement of such directions.

Facilitating mergers

Duties of merging councils to facilitate transfer

128

(1) A merging council must—

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