LegalizeReform history
Local Government and Elections (Wales) Act 2021
21 versions
· 2021-01-20
2025-09-10
Local Government and Elections (Wales) Act 2021
2025-04-01
Local Government and Elections (Wales) Act 2021
2024-11-16
Local Government and Elections (Wales) Act 2021
2024-11-09
Local Government and Elections (Wales) Act 2021
2024-08-24
Local Government and Elections (Wales) Act 2021
2024-06-25
Local Government and Elections (Wales) Act 2021
2022-07-15
Local Government and Elections (Wales) Act 2021
2022-05-06
Local Government and Elections (Wales) Act 2021
2022-05-05
Local Government and Elections (Wales) Act 2021
2022-04-01
Local Government and Elections (Wales) Act 2021
2022-03-10
Local Government and Elections (Wales) Act 2021
2021-12-03
Local Government and Elections (Wales) Act 2021
2021-11-17
Local Government and Elections (Wales) Act 2021
2021-11-01
Local Government and Elections (Wales) Act 2021
2021-05-06
Local Government and Elections (Wales) Act 2021
2021-05-01
Local Government and Elections (Wales) Act 2021
2021-04-01
Local Government and Elections (Wales) Act 2021
2021-03-20
Local Government and Elections (Wales) Act 2021
2021-03-04
Local Government and Elections (Wales) Act 2021
2021-01-21
Local Government and Elections (Wales) Act 2021
Changes on 2021-01-21
@@ -24,11 +24,11 @@
- (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).
- (h) makes provision about meeting returning officers' expenditure (paragraph 2(5) of Schedule 2).
### Right to vote in local government elections
#### Extension of right to vote in local government elections
#### Guidance
##### 2
@@ -36,15 +36,15 @@
- (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))”;
- (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)](https://www.legislation.gov.uk/ukpga/2006/32) (entitlement to vote)—
- (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”;
@@ -56,7 +56,7 @@
- (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”;
- (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”;
@@ -82,7 +82,7 @@
- (c) paragraphs 2(12), 8(3)(b), 15 and 19 of Schedule 2.
- (3) In subsection (1), “local referendum” means a referendum held under—
- (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;
@@ -98,9 +98,9 @@
- (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;
- (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—
@@ -112,7 +112,7 @@
- (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)](https://www.legislation.gov.uk/anaw/2014/4).
- (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.
@@ -132,7 +132,7 @@
- (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—
- (4) In this Part, “*local elections rules*” means—
- (a) rules made under section 36A of the 1983 Act (inserted by section 13(3));
@@ -142,7 +142,7 @@
##### 6
- (1) A “simple majority system” means an electoral system where—
- (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;
@@ -150,7 +150,7 @@
- (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—
- (2) A “*single transferable vote system*” means an electoral system where—
- (a) in the case of an election to fill more than one office—
@@ -160,11 +160,11 @@
- (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;
- (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;
- (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;
@@ -174,9 +174,9 @@
- (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;
- (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.
@@ -232,7 +232,7 @@
##### 9
- (1) A principal council’s power under section 8(1) must be exercised by resolution of the council in accordance with this section.
- (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.
@@ -270,7 +270,7 @@
##### 11
- (1) After receiving a notification from a principal council under section 10, the Welsh Ministers may direct the Local Democracy and Boundary Commission for Wales (“the Commission”) to conduct an initial review of the area of the council.
- (1) After receiving a notification from a principal council under section 10, the Welsh Ministers may direct the Local Democracy and Boundary Commission for Wales (“*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—
@@ -280,7 +280,7 @@
- (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);
- (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.
@@ -340,9 +340,9 @@
- (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”.
- (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
@@ -350,15 +350,15 @@
- (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”.
- (2) In subsection (2), for “fourth” substitute “ fifth ”.
- (3) In subsection (2A), for “four” substitute “ five ”.
#### Change of electoral cycle for elected mayors from four years to five years
##### 16
In section 39 of the 2000 Act (elected mayors etc.), in subsection (7) for “four” substitute “five”.
In section 39 of the 2000 Act (elected mayors etc.), in subsection (7) for “four” substitute “ five ”.
#### Extension of power to change ordinary day of local elections in Wales
@@ -368,7 +368,7 @@
- (2) In subsection (1)—
- (a) after “applies” insert “or an order under subsection (1A) provides otherwise”;
- (a) after “applies” insert “ or an order under subsection (1A) provides otherwise ”;
- (b) in paragraph (b) omit the words from “made not later” to the end.
@@ -379,11 +379,11 @@
> (b) community councillors for one or more communities in Wales.
> (1B) An order under subsection (1) or (1A) may fix a day for one or more years.
- (4) In subsection (2), after “subsection (1)” insert “or fixed under subsection (1A)”.
- (5) In subsection (3), after “subsection (1)” insert “or fixed under subsection (1A)”.
- (6) In subsection (5), for “subsection (3)” substitute “this section”.
- (4) In subsection (2), after “subsection (1)” insert “ or fixed under subsection (1A) ”.
- (5) In subsection (3), after “subsection (1)” insert “ or fixed under subsection (1A) ”.
- (6) In subsection (5), for “subsection (3)” substitute “ this section ”.
- (7) After subsection (5) insert—
@@ -410,9 +410,9 @@
> (1) This section applies to the registration of local government electors in Wales.
> (2) If the registration officer is satisfied that a person not in the register of local government electors is entitled to be registered, the officer may decide to register the person without an application, subject to the provisions of this section.
> (3) Before deciding to register a person, the registration officer must notify the person in writing of—
> (a) the officer’s intention to register the person without an application after the end of the notice period required by subsection (5),
> (b) the person’s right to request exclusion from the edited register,
> (c) the person’s right to apply for anonymous registration,
> (a) the officer's intention to register the person without an application after the end of the notice period required by subsection (5),
> (b) the person's right to request exclusion from the edited register,
> (c) the person's right to apply for anonymous registration,
> (d) the type of elections in which the person will be entitled to vote following registration under this section, and
> (e) the type of elections in which the person will not be entitled to vote following registration under this section, unless an application for registration is made.
> (4) The notice under subsection (3) must be in a form specified in regulations made by the Welsh Ministers; and the regulations may make further provision about giving notice for the purposes of this section.
@@ -431,11 +431,11 @@
- (a) after subsection (2) insert—
> (2A) Where a person is entered in a register of local government electors in Wales by virtue of section 9ZA, the registration officer must also remove the person’s entry from the register if the officer determines that the person is not entitled to be registered in the register of local government electors for reasons other than those mentioned in subsection (1).
> (2A) Where a person is entered in a register of local government electors in Wales by virtue of section 9ZA, the registration officer must also remove the person's entry from the register if the officer determines that the person is not entitled to be registered in the register of local government electors for reasons other than those mentioned in subsection (1).
;
- (b) in subsection (3), after “(1)” insert “or (2A)”;
- (b) in subsection (3), after “(1)” insert “ or (2A) ”;
- (c) after subsection (4) insert—
@@ -444,9 +444,9 @@
- (d) after subsection (5) insert—
> (5A) In relation to a person registered under section 9ZA, a registration officer for a local government area in Wales must consider whether to make a determination under subsection (2A) if the officer—
> (a) receives an objection to the person’s registration in the register, or
> (a) receives an objection to the person's registration in the register, or
> (b) otherwise becomes aware of information that causes the officer to suspect that the person is not entitled to be registered in the register of local government electors.
> (5B) The Welsh Ministers’ power to make regulations under subsection (4A) is exercisable by statutory instrument.
> (5B) The Welsh Ministers' power to make regulations under subsection (4A) is exercisable by statutory instrument.
> (5C) A statutory instrument containing regulations under subsection (4A) is subject to annulment in pursuance of a resolution of Senedd Cymru, unless it also contains provisions subject to an affirmative procedure in Senedd Cymru.
- (6) In section 13A(1) (alteration of registers), after paragraph (zb) insert—
@@ -455,9 +455,9 @@
.
- (7) In section 13AB(1) (alteration of registers: interim publication dates), in paragraph (a) after “(zb),” insert “(zc),”.
- (8) In section 13B(2) (alteration of registers: pending elections), in paragraph (a) after “(zb),” insert “(zc),”.
- (7) In section 13AB(1) (alteration of registers: interim publication dates), in paragraph (a) after “(zb),” insert “ (zc), ”.
- (8) In section 13B(2) (alteration of registers: pending elections), in paragraph (a) after “(zb),” insert “ (zc), ”.
- (9) In section 56(1) (registration appeals: England and Wales), after paragraph (aa) insert—
@@ -473,7 +473,7 @@
- (1) Section 79 of the 1972 Act is amended as follows.
- (2) In subsection (1), after “Union” insert “or, in the case of a local authority in Wales, a qualifying foreign citizen”.
- (2) In subsection (1), after “Union” insert “ or, in the case of a local authority in Wales, a qualifying foreign citizen ”.
- (3) After subsection (2C) insert—
@@ -500,7 +500,7 @@
> (b) the person is disqualified for being elected or for being a member of the authority under Part 3 of the Representation of the People Act 1983 (corrupt or illegal practices);
> (c) the person is subject to the notification requirements of, or an order under, Part 2 of the Sexual Offences Act 2003;
> (d) the person has a relevant criminal conviction.
> (2) A person has a relevant criminal conviction if, during the period of five years ending with the day of the local authority election, or since the person’s election, the person has been convicted in the United Kingdom, the Channel Islands, or the Isle of Man of an offence for which the person has been sentenced to a term of imprisonment (whether suspended or not) of 3 months or more without the option of a fine.
> (2) A person has a relevant criminal conviction if, during the period of five years ending with the day of the local authority election, or since the person's election, the person has been convicted in the United Kingdom, the Channel Islands, or the Isle of Man of an offence for which the person has been sentenced to a term of imprisonment (whether suspended or not) of 3 months or more without the option of a fine.
> (3) A person is not disqualified under subsection (1)(c) at any time before the end of the ordinary period allowed for making—
> (a) an appeal or application in respect of the conviction or finding to which the notification requirements relate;
> (b) an appeal in respect of the order.
@@ -513,7 +513,7 @@
> (3) Subsections (4), (5) and (6) apply where a person is elected as a member of a local authority in Wales and resigns from the relevant paid office or employment for the purpose of taking office as a member.
> (4) The resignation terminates the holding of the paid office or employment with immediate effect.
> (5) Any notice requirement in the terms and conditions under which the paid office or employment is held has no effect.
> (6) Section 86(2) of the Employment Rights Act 1996 (requirement on employee to give minimum of one week’s notice) does not apply.
> (6) Section 86(2) of the Employment Rights Act 1996 (requirement on employee to give minimum of one week's notice) does not apply.
> (7) This section does not apply to a person who is disqualified for being elected or being a member of a local authority under section 1 of the Local Government and Housing Act 1989 (disqualification by virtue of holding politically restricted post).
> (80C)
> (1) For the purposes of section 80B “a relevant paid office or employment” is a paid office or employment appointment or election to which is or may be made or confirmed by—
@@ -528,7 +528,7 @@
> (4) Where the holder of a relevant paid office in a local authority in Wales (“local authority A”) is employed under the direction of—
> (a) a committee or sub-committee of local authority A any member of which is appointed on the nomination of another local authority in Wales (“local authority B”), or
> (b) a joint board, a National Park authority, or joint committee on which local authority A is represented and any member of which is appointed on the nomination of local authority B,
> section 80B applies in respect of the person’s membership of local authority B.
> section 80B applies in respect of the person's membership of local authority B.
> (5) For the purposes of this section, a local authority is represented on a National Park authority if it is entitled to appoint a member of the local authority as a member of the National Park authority.
#### Disqualification of member of a local authority in Wales for appointment to paid office
@@ -603,7 +603,7 @@
- (b) an eligible community council (as to which see Chapter 2).
- (5) In this section, “individual” means an individual with full capacity.
- (5) In this section, “*individual*” means an individual with full capacity.
- (6) References in this Part to the general power are to the power conferred by subsection (1).
@@ -619,9 +619,9 @@
- (a) to the general power,
- (b) to all of the authority’s powers, or
- (c) to all of the authority’s powers but with exceptions that do not include the general power.
- (b) to all of the authority's powers, or
- (c) to all of the authority's powers but with exceptions that do not include the general power.
- (3) The general power does not confer power to make or alter—
@@ -633,9 +633,9 @@
- (4) In this section—
- “post-commencement limitation” (“*cyfyngiad ar ôl cychwyn*”) means a prohibition, restriction or other limitation expressly imposed by a provision of— an Act of Senedd Cymru or an Act of Parliament passed after the day on which this Act was passed; an instrument— made under primary legislation (including this Act), and which comes into force on or after the day on which section 24 comes into force in relation to principal councils;
- “pre-commencement limitation” (“*cyfyngiad cyn cychwyn*”) means a prohibition, restriction or other limitation expressly imposed by a provision of— this Act; any other primary legislation passed before, or on the same day as, the day on which this Act was passed; an instrument— made under primary legislation (including this Act), and which comes into force before the day on which section 24 comes into force in relation to principal councils.
- “*post-commencement limitation*” (“**cyfyngiad ar ôl cychwyn**”) means a prohibition, restriction or other limitation expressly imposed by a provision of—an Act of Senedd Cymru or an Act of Parliament passed after the day on which this Act was passed;an instrument—made under primary legislation (including this Act), andwhich comes into force on or after the day on which section 24 comes into force in relation to principal councils;
- “*pre-commencement limitation*” (“**cyfyngiad cyn cychwyn**”) means a prohibition, restriction or other limitation expressly imposed by a provision of—this Act;any other primary legislation passed before, or on the same day as, the day on which this Act was passed;an instrument—made under primary legislation (including this Act), andwhich comes into force before the day on which section 24 comes into force in relation to principal councils.
- (5) For the purposes of subsection (1), section 111(3) of the 1972 Act (subsidiary powers of local authorities not to include power to raise money) is to be disregarded.
@@ -669,11 +669,11 @@
- (3) A qualifying local authority may not, in exercise of the general power, do things for a commercial purpose in relation to a person if any enactment requires the authority to do those things in relation to the person.
- (4) In this section, “company” means—
- (a) a company within the meaning of section 1(1) of the [Companies Act 2006 (c. 46)](https://www.legislation.gov.uk/ukpga/2006/46), or
- (b) a registered society within the meaning of the [Co-operative and Community Benefit Societies Act 2014 (c. 14)](https://www.legislation.gov.uk/ukpga/2014/14) or the [Co-operative and Community Benefit Societies Act (Northern Ireland) 1969 (c. 24 (NI))](https://www.legislation.gov.uk/apni/1969/24).
- (4) In this section, “*company*” means—
- (a) a company within the meaning of section 1(1) of the Companies Act 2006 (c. 46), or
- (b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 (c. 14) or the Co-operative and Community Benefit Societies Act (Northern Ireland) 1969 (c. 24 (NI)).
- (5) A qualifying local authority must have regard to any guidance issued by the Welsh Ministers about doing things, in the exercise of the general power, for a commercial purpose.
@@ -743,17 +743,17 @@
- (4) The third condition is that—
- (a) the most recent AGW opinion on the council’s accounts—
- (a) the most recent AGW opinion on the council's accounts—
- (i) is an unqualified AGW opinion, and
- (ii) was received by the council during the period of 12 months ending on the day the council will (if it passes a resolution in accordance with subsection (1)) become an eligible community council, and
- (b) the AGW opinion on the council’s accounts which immediately preceded the opinion mentioned in paragraph (a) is also an unqualified AGW opinion.
- (b) the AGW opinion on the council's accounts which immediately preceded the opinion mentioned in paragraph (a) is also an unqualified AGW opinion.
- (5) For the purposes of subsection (4) and section 34—
- (a) an AGW opinion is an opinion provided by the Auditor General for Wales under section 23 of the [Public Audit (Wales) Act 2004 (c. 23)](https://www.legislation.gov.uk/ukpga/2004/23), having concluded an audit of a community council’s accounts for a financial year, and
- (a) an AGW opinion is an opinion provided by the Auditor General for Wales under section 23 of the Public Audit (Wales) Act 2004 (c. 23), having concluded an audit of a community council's accounts for a financial year, and
- (b) an AGW opinion is unqualified if the Auditor General for Wales has not, in the opinion, expressed in any way that the Auditor General for Wales is not satisfied as to the matters set out in section 17 of the Public Audit (Wales) Act 2004.
@@ -771,7 +771,7 @@
- (2) An eligible community council that does not pass a resolution in accordance with subsection (1) ceases to be an eligible community council at the end of the day following the annual meeting in question.
- (3) In this section and section 32 “annual meeting”, in relation to an eligible community council, means a meeting of the council held under paragraph 23 of Schedule 12 to the 1972 Act.
- (3) In this section and section 32 “*annual meeting*”, in relation to an eligible community council, means a meeting of the council held under paragraph 23 of Schedule 12 to the 1972 Act.
#### Ceasing to be an eligible community council
@@ -873,7 +873,7 @@
### CHAPTER 2 — PUBLIC PARTICIPATION IN DECISION-MAKING BY PRINCIPAL COUNCILS
### Principal councils’ duty to encourage participation in local government
### Principal councils' duty to encourage participation in local government
#### Duty to encourage local people to participate in decision-making by principal councils
@@ -891,7 +891,7 @@
- (2) A public participation strategy must, in particular, address—
- (a) ways of promoting awareness among local people of the principal council’s functions;
- (a) ways of promoting awareness among local people of the principal council's functions;
- (b) ways of promoting awareness among local people of how to become a member of the principal council, and what membership entails;
@@ -899,7 +899,7 @@
- (d) ways of promoting and facilitating processes by which local people may make representations to the principal council about a decision before, and after, it is made;
- (e) arrangements made, or to be made, for the purpose of the council’s duty in section 62 of the 2011 Measure (bringing views of the public to attention of overview and scrutiny committees);
- (e) arrangements made, or to be made, for the purpose of the council's duty in section 62 of the 2011 Measure (bringing views of the public to attention of overview and scrutiny committees);
- (f) ways of promoting awareness among members of the principal council of the benefits of using social media to communicate with local people.
@@ -909,7 +909,7 @@
##### 41
- (1) A principal council’s first public participation strategy must be published as soon as reasonably practicable after section 40 comes into force.
- (1) A principal council's first public participation strategy must be published as soon as reasonably practicable after section 40 comes into force.
- (2) In preparing that strategy the council must consult—
@@ -939,7 +939,7 @@
- (7) If a principal council revises or replaces a public participation strategy, it must publish the revised or new strategy as soon as reasonably practicable.
### Principal council’s petition scheme
### Principal council's petition scheme
#### Duty to make petition scheme
@@ -1001,13 +1001,13 @@
;
- (b) after “copies of their constitution” insert “and their constitution guide”.
- (b) after “copies of their constitution” insert “ and their constitution guide ”.
- (4) In subsection (3)—
- (a) after “constitution” insert “or, as the case may be, their constitution guide”;
- (b) for the words from “who requests” to the end of the subsection, substitute “on request, either free of charge or at a charge representing no more than the cost of providing the copy”.
- (a) after “constitution” insert “ or, as the case may be, their constitution guide ”;
- (b) for the words from “who requests” to the end of the subsection, substitute “ on request, either free of charge or at a charge representing no more than the cost of providing the copy ”.
### CHAPTER 4 — LOCAL GOVERNMENT MEETINGS
@@ -1039,7 +1039,7 @@
- (3) The Welsh Ministers may by regulations make further provision in connection with the broadcast of proceedings at a meeting to which subsection (2) applies.
- (4) In subsections (1) and (2), “specified” means specified in regulations made by the Welsh Ministers.
- (4) In subsections (1) and (2), “*specified*” means specified in regulations made by the Welsh Ministers.
- (5) If a principal council revises or replaces arrangements made under subsection (1), it must publish the revised or new arrangements.
@@ -1089,9 +1089,9 @@
- (6) In this section—
- “local authority” (“*awdurdod lleol*”) means— a principal council; a community council; a fire and rescue authority for an area in Wales; a National Park authority for a National Park in Wales; a port health authority for a port health district in Wales constituted under section 2 of the [Public Health (Control of Disease) Act 1984 (c. 22)](https://www.legislation.gov.uk/ukpga/1984/22);
- “local authority meeting” (“*cyfarfod awdurdod lleol*”) means a meeting of— a local authority; where the local authority is a principal council, its executive; a joint committee of two or more local authorities; a committee or sub-committee of anything within paragraphs (a) to (c), and, for the avoidance of doubt, includes a hearing held by a principal council’s licensing committee established under section 6 of the [Licensing Act 2003 (c. 17)](https://www.legislation.gov.uk/ukpga/2003/17) or a sub-committee established by a licensing committee.
- “*local authority*” (“**awdurdod lleol**”) means—a principal council;a community council;a fire and rescue authority for an area in Wales;a National Park authority for a National Park in Wales;a port health authority for a port health district in Wales constituted under section 2 of the Public Health (Control of Disease) Act 1984 (c. 22);
- “*local authority meeting*” (“**cyfarfod awdurdod lleol**”) means a meeting of—a local authority;where the local authority is a principal council, its executive;a joint committee of two or more local authorities;a committee or sub-committee of anything within paragraphs (a) to (c),and, for the avoidance of doubt, includes a hearing held by a principal council's licensing committee established under section 6 of the Licensing Act 2003 (c. 17) or a sub-committee established by a licensing committee.
- (7) A reference in any enactment to—
@@ -1162,9 +1162,9 @@
- (5) In this section—
- “local authority” (“*awdurdod lleol*”) means— a principal council; a community council; a fire and rescue authority for an area in Wales; a National Park authority for a National Park in Wales; a joint board which— is constituted under any enactment as a body corporate, and discharges functions of two or more principal councils; a port health authority for a port health district in Wales constituted under section 2 of the [Public Health (Control of Disease) Act 1984 (c. 22)](https://www.legislation.gov.uk/ukpga/1984/22);
- “local authority meeting” (“*cyfarfod awdurdod lleol*”) means a meeting of— a local authority; where the local authority is a principal council, its executive; a joint committee of two or more local authorities; a committee or sub-committee of anything within paragraphs (a) to (c).
- “*local authority*” (“**awdurdod lleol**”) means—a principal council;a community council;a fire and rescue authority for an area in Wales;a National Park authority for a National Park in Wales;a joint board which—is constituted under any enactment as a body corporate, anddischarges functions of two or more principal councils;a port health authority for a port health district in Wales constituted under section 2 of the Public Health (Control of Disease) Act 1984 (c. 22);
- “*local authority meeting*” (“**cyfarfod awdurdod lleol**”) means a meeting of—a local authority;where the local authority is a principal council, its executive;a joint committee of two or more local authorities;a committee or sub-committee of anything within paragraphs (a) to (c).
#### Regulations about community meetings
@@ -1191,11 +1191,11 @@
##### 52
- (1) As soon as reasonably practicable after the end of each financial year, a community council must prepare and publish a report (an “annual report”) about the council’s priorities, activities and achievements during that year.
- (1) As soon as reasonably practicable after the end of each financial year, a community council must prepare and publish a report (an “annual report”) about the council's priorities, activities and achievements during that year.
- (2) A community council must have regard to any guidance about annual reports issued by the Welsh Ministers.
- (3) Section 101 of the 1972 Act (arrangements for discharge of functions by local authorities) does not apply to a community council’s function of determining the content of an annual report.
- (3) Section 101 of the 1972 Act (arrangements for discharge of functions by local authorities) does not apply to a community council's function of determining the content of an annual report.
## PART 4 — LOCAL AUTHORITY EXECUTIVES, MEMBERS, OFFICERS AND COMMITTEES
@@ -1243,13 +1243,13 @@
- (a) keep each of the matters specified in subsection (3) under review, and
- (b) where the chief executive considers it appropriate to do so, make a report to the council setting out the chief executive’s proposals in respect of any of those matters.
- (b) where the chief executive considers it appropriate to do so, make a report to the council setting out the chief executive's proposals in respect of any of those matters.
- (3) The matters are—
- (a) the manner in which the exercise by the council of its different functions is co-ordinated;
- (b) the council’s arrangements in relation to—
- (b) the council's arrangements in relation to—
- (i) financial planning,
@@ -1259,17 +1259,17 @@
- (c) the number and grades of staff required by the council for the exercise of its functions;
- (d) the organisation of the council’s staff;
- (e) the appointment of the council’s staff;
- (f) the arrangements for the management of the council’s staff (including arrangements for training and development).
- (d) the organisation of the council's staff;
- (e) the appointment of the council's staff;
- (f) the arrangements for the management of the council's staff (including arrangements for training and development).
- (4) As soon as reasonably practicable after preparing a report for the purposes of subsection (2)(b), the chief executive of a principal council must arrange for the report to be sent to each member of the council.
- (5) A principal council must consider a report made under subsection (2)(b) at a meeting held not more than three months after copies of the report are first sent to members of the council; and section 101 of the 1972 Act (arrangements for discharge of functions by local authorities) does not apply to the duty imposed by this subsection.
- (6) A principal council must provide its chief executive with such staff, accommodation and other resources as are, in the chief executive’s opinion, sufficient to allow the chief executive’s duties under this section to be carried out.
- (6) A principal council must provide its chief executive with such staff, accommodation and other resources as are, in the chief executive's opinion, sufficient to allow the chief executive's duties under this section to be carried out.
- (7) Schedule 5 makes consequential amendments.
@@ -1279,13 +1279,13 @@
- (1) Section 143A of the 2011 Measure is amended as follows.
- (2) In subsections (1), (3), (3A), (3B), (5A) and (5B), for “salary” and “a salary” in each place they occur substitute “remuneration”.
- (3) In subsection (3), for “salaries” substitute “remuneration”.
- (4) In subsection (3A), for “payable” substitute “provided”.
- (5) In subsection (5B), for “pay” substitute “provide” and for “paying” substitute “providing”.
- (2) In subsections (1), (3), (3A), (3B), (5A) and (5B), for “salary” and “a salary” in each place they occur substitute “ remuneration ”.
- (3) In subsection (3), for “salaries” substitute “ remuneration ”.
- (4) In subsection (3A), for “payable” substitute “ provided ”.
- (5) In subsection (5B), for “pay” substitute “ provide ” and for “paying” substitute “ providing ”.
- (6) In subsection (7)—
@@ -1293,13 +1293,13 @@
- (b) at the appropriate place insert—
> - “remuneration” (“*cydnabyddiaeth ariannol*”) has the meaning given in section 43 of the Localism Act 2011;
> “*remuneration*” (“**cydnabyddiaeth ariannol**”) has the meaning given in section 43 of the Localism Act 2011;
.
- (7) In the heading, for “salaries” substitute “remuneration”.
- (8) In the 1972 Act, in section 112(2A) (appointment of staff) for “salaries” substitute “remuneration”.
- (7) In the heading, for “salaries” substitute “ remuneration ”.
- (8) In the 1972 Act, in section 112(2A) (appointment of staff) for “salaries” substitute “ remuneration ”.
#### Reconsideration of remuneration following direction by the Welsh Ministers
@@ -1336,7 +1336,7 @@
> (a) the chairman and vice-chairman of the authority;
> (b) the presiding member and deputy presiding member of the authority (if the authority has a presiding member).
> (6) An assistant to the executive of an authority is not a member of the executive of the authority.
> (7) Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to a local authority’s function of making appointments under sub-paragraph (3)(b).
> (7) Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to a local authority's function of making appointments under sub-paragraph (3)(b).
- (3) In paragraph 5—
@@ -1347,7 +1347,7 @@
;
- (b) for “not a member of the authority’s executive” substitute “neither a member of the authority’s executive nor an assistant to the executive”.
- (b) for “not a member of the authority's executive” substitute “ neither a member of the authority's executive nor an assistant to the executive ”.
- (4) Schedule 6 to this Act makes consequential amendments.
@@ -1369,7 +1369,7 @@
- (1) Section 38 of the 2000 Act (guidance) is amended as follows.
- (2) In subsection (1), after “local authority” insert “, an elected mayor or an executive leader”.
- (2) In subsection (1), after “local authority” insert “ , an elected mayor or an executive leader ”.
- (3) After subsection (1) insert—
@@ -1383,7 +1383,7 @@
- (1) The Welsh Ministers may by regulations make provision for the purpose of facilitating or enabling the sharing of a principal council office.
- (2) For the purposes of this section, “principal council office” means—
- (2) For the purposes of this section, “*principal council office*” means—
- (a) chair of a principal council (see section 22 of the 1972 Act);
@@ -1426,7 +1426,7 @@
- (a) for subsection (2) substitute—
> (2) Regulations must include provision for determining—
> (a) the extent of a member’s entitlement to maternity absence in respect of a child;
> (a) the extent of a member's entitlement to maternity absence in respect of a child;
> (b) when maternity absence may be taken.
;
@@ -1443,7 +1443,7 @@
- (d) in subsection (10), the definition of “week”.
- (4) In section 26 (adopter’s absence), omit subsection (3).
- (4) In section 26 (adopter's absence), omit subsection (3).
- (5) In section 27 (new adoption absence) omit—
@@ -1468,7 +1468,7 @@
> (52A)
> (1) A leader of a political group consisting of members of a county council or county borough council in Wales—
> (a) must take reasonable steps to promote and maintain high standards of conduct by the members of the group, and
> (b) must co-operate with the council’s standards committee (and any sub-committee of the committee) in the exercise of the standards committee’s functions.
> (b) must co-operate with the council's standards committee (and any sub-committee of the committee) in the exercise of the standards committee's functions.
> (2) In complying with subsection (1), a leader of a political group must have regard to any guidance about the functions under that subsection issued by the Welsh Ministers.
> (3) The Welsh Ministers may by regulations make provision for the purposes of this section about the circumstances in which—
> (a) members of a county council or county borough council in Wales are to be treated as constituting a political group;
@@ -1485,7 +1485,7 @@
- (a) omit subsection (5);
- (b) in subsection (7) after “section 21G” insert “or regulations under section 52A(3)”.
- (b) in subsection (7) after “section 21G” insert “ or regulations under section 52A(3) ”.
- (5) In the 2013 Act, omit section 68(4)(a).
@@ -1499,17 +1499,17 @@
> (56B)
> (1) As soon as reasonably practicable after the end of each financial year, a standards committee of a relevant authority must make an annual report to the authority in respect of that year.
> (2) The annual report must describe how the committee’s functions have been discharged during the financial year.
> (2) The annual report must describe how the committee's functions have been discharged during the financial year.
> (3) In particular, the report must include a summary of—
> (a) what has been done to discharge the general and specific functions conferred on the committee by section 54 or 56;
> (b) reports and recommendations made or referred to the committee under Chapter 3 of this Part;
> (c) action taken by the committee following its consideration of such reports and recommendations;
> (d) notices given to the committee under Chapter 4 of this Part.
> (4) An annual report by a standards committee of a county council or county borough council in Wales must include the committee’s assessment of the extent to which leaders of political groups on the council have complied with their duties under section 52A(1) during the financial year.
> (4) An annual report by a standards committee of a county council or county borough council in Wales must include the committee's assessment of the extent to which leaders of political groups on the council have complied with their duties under section 52A(1) during the financial year.
> (5) An annual report by a standards committee of a relevant authority may include recommendations to the authority about any matter in respect of which the committee has functions.
> (6) A relevant authority must consider each annual report made by its standards committee before the end of 3 months beginning with the day on which the authority receives the report.
> (7) The function of considering the report may be discharged only by the relevant authority (and accordingly is not a function to which section 101 of the Local Government Act 1972 applies).
> (8) In this section “financial year” means a period of 12 months ending with 31 March.
> (8) In this section “*financial year*” means a period of 12 months ending with 31 March.
- (2) Until section 62 comes into force, section 56B of the 2000 Act is to be read as if subsection (4) were omitted.
@@ -1525,7 +1525,7 @@
##### 65
In section 22(10) of the 2000 Act (power to require information to be made available about decisions), for “or members of the authority” substitute “, members of the authority, an overview and scrutiny committee of the authority or a sub-committee of such a committee”.
In section 22(10) of the 2000 Act (power to require information to be made available about decisions), for “or members of the authority” substitute “ , members of the authority, an overview and scrutiny committee of the authority or a sub-committee of such a committee ”.
#### Power to require authorities to appoint joint overview and scrutiny committees
@@ -1533,7 +1533,7 @@
- (1) Section 58 of the 2011 Measure (joint overview and scrutiny committees) is amended as follows.
- (2) In subsection (1), after “authorities may” insert “or must”.
- (2) In subsection (1), after “authorities may” insert “ or must ”.
- (3) In subsection (3), for paragraph (a) substitute—
@@ -1547,7 +1547,7 @@
- (a) omit “, in exercising or deciding whether to exercise any function conferred on it by or under this section,”;
- (b) after “Welsh Ministers” insert “in relation to the exercise of any function it has under or by virtue of this section”.
- (b) after “Welsh Ministers” insert “ in relation to the exercise of any function it has under or by virtue of this section ”.
### Training of members and staff of community councils
@@ -1559,7 +1559,7 @@
- (a) the councillors of the community council, and
- (b) the community council’s staff.
- (b) the community council's staff.
- (2) A community council must make its first training plan no later than six months after the date on which subsection (1) comes into force.
@@ -1569,7 +1569,7 @@
- (5) If a community council revises or replaces its training plan, it must publish the revised or new plan.
- (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—
- (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
@@ -1587,21 +1587,21 @@
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)](https://www.legislation.gov.uk/ukpga/2004/5).
- “*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
@@ -1623,7 +1623,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/1994/70);
- (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;
@@ -1653,15 +1653,15 @@
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,
- (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 the area of any of the principal councils,
- (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)](https://www.legislation.gov.uk/ukpga/1992/52)) by one or more of the principal councils, and
- (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.
@@ -1701,15 +1701,15 @@
- (a) the principal councils that made the joint committee application,
- (b) local people in the principal councils’ areas,
- (c) each of the councils for communities in the principal councils’ areas,
- (b) local people in the principal councils' areas,
- (c) each of the councils for communities 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)](https://www.legislation.gov.uk/ukpga/1992/52)) by one or more of the principal councils, and
- (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.
@@ -1737,7 +1737,7 @@
- (c) the economic well-being function.
- (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)](https://www.legislation.gov.uk/ukpga/2004/5) applies to the corporate joint committee.
- (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—
@@ -1757,15 +1757,15 @@
- (a) the principal councils for the principal areas to be specified in the regulations,
- (b) local people in the principal councils’ areas,
- (c) each of the councils for communities in the principal councils’ areas,
- (b) local people in the principal councils' areas,
- (c) each of the councils for communities 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)](https://www.legislation.gov.uk/ukpga/1992/52)) by one or more of the principal councils, and
- (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.
@@ -1789,11 +1789,11 @@
- (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;
- (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.
- (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.
@@ -1821,7 +1821,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/2004/5), jointly, or otherwise in collaboration, with another 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;
@@ -1855,9 +1855,9 @@
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—
- (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;
@@ -1869,7 +1869,7 @@
##### 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.
- (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—
@@ -1923,7 +1923,7 @@
- (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;
- (a) a function of the principal councils in the corporate joint committee's area;
- (b) the economic well-being function;
@@ -1931,7 +1931,7 @@
- (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
- (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.
@@ -1971,7 +1971,7 @@
- (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,
- (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—
@@ -1979,7 +1979,7 @@
- (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
- (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.
@@ -2065,7 +2065,7 @@
- (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)](https://www.legislation.gov.uk/uksi/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).
- (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.
@@ -2133,7 +2133,7 @@
##### 88
- (1) Part 1 of Schedule 9 makes provision amending the [Planning and Compulsory Purchase Act 2004 (c. 5)](https://www.legislation.gov.uk/ukpga/2004/5) and other enactments to—
- (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
@@ -2159,7 +2159,7 @@
- (c) its governance is effective for securing the matters set out in paragraphs (a) and (b).
- (2) In this Chapter, the matters set out in paragraphs (a) to (c) of subsection (1) are referred to as “the performance requirements”.
- (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—
@@ -2175,11 +2175,11 @@
- (a) local people,
- (b) other persons carrying on a business in the council’s area,
- (b) other persons carrying on a business in the council's area,
- (c) the staff of the council, and
- (d) every trade union which is recognised (within the meaning of the [Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)](https://www.legislation.gov.uk/ukpga/1992/52)) by the council.
- (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
@@ -2189,11 +2189,11 @@
- (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.
- (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.
@@ -2209,17 +2209,17 @@
- (a) publish the report,
- (b) make the report available to the council’s governance and audit committee, and
- (b) make the report available to the council's governance and audit committee, and
- (c) send the report to—
- (i) the Auditor General for Wales,
- (ii) Her Majesty’s Chief Inspector of Education and Training in Wales, and
- (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)](https://www.legislation.gov.uk/anaw/2015/2) (progress in meeting well-being objectives) in respect of the same financial year in the same document.
- (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
@@ -2229,17 +2229,17 @@
- (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”.
- (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,
- (b) other persons carrying on a business in the council's area,
- (c) the staff of the council, and
- (d) every trade union which is recognised (within the meaning of the [Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)](https://www.legislation.gov.uk/ukpga/1992/52)) by the council.
- (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—
@@ -2253,13 +2253,13 @@
- (b) the Auditor General for Wales,
- (c) Her Majesty’s Chief Inspector of Education and Training in Wales, and
- (c) Her Majesty's Chief Inspector of Education and Training in Wales, and
- (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
- (a) make the report available to the council's governance and audit committee, and
- (b) publish the report.
@@ -2297,7 +2297,7 @@
- (ii) the Auditor General for Wales,
- (iii) Her Majesty’s Chief Inspector of Education and Training in Wales, and
- (iii) Her Majesty's Chief Inspector of Education and Training in Wales, and
- (iv) the Welsh Ministers.
@@ -2323,7 +2323,7 @@
- (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”.
- (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—
@@ -2335,13 +2335,13 @@
- (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
- (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
- (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—
@@ -2357,7 +2357,7 @@
- (i) the council,
- (ii) Her Majesty’s Chief Inspector of Education and Training in Wales, and
- (ii) Her Majesty's Chief Inspector of Education and Training in Wales, and
- (iii) the Welsh Ministers.
@@ -2381,7 +2381,7 @@
- (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
- (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.
@@ -2391,7 +2391,7 @@
- (b) send the response to—
- (i) Her Majesty’s Chief Inspector of Education and Training in Wales, and
- (i) Her Majesty's Chief Inspector of Education and Training in Wales, and
- (ii) the Welsh Ministers.
@@ -2409,9 +2409,9 @@
- (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.
- (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.
@@ -2435,7 +2435,7 @@
- (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)](https://www.legislation.gov.uk/anaw/2013/3).
- (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
@@ -2513,7 +2513,7 @@
- (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)](https://www.legislation.gov.uk/anaw/2013/3), the fee payable under the scale prescribed under subsection (1).
- (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).
@@ -2585,7 +2585,7 @@
- (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.
- (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
@@ -2615,7 +2615,7 @@
- (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.
- (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.
@@ -2641,7 +2641,7 @@
- (d) on specified terms and conditions.
- (3) In this section “specified” means specified in the direction.
- (3) In this section “*specified*” means specified in the direction.
#### Direction that a function be performed by the Welsh Ministers or their nominee
@@ -2669,7 +2669,7 @@
- (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.
- (5) In this section “*specified*” means specified in the direction.
### Supplementary
@@ -2753,7 +2753,7 @@
- (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)](https://www.legislation.gov.uk/anaw/2013/3));
- (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).
@@ -2763,11 +2763,11 @@
In this Chapter—
- “document” (“*dogfen*”) includes information recorded in any form;
- “*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.
- “*special inspection*” (“**arolygiad arbennig**”) has the meaning given in section 95.
### Amendment of other enactments
@@ -2783,7 +2783,7 @@
- (c) section 11(1)(b) and (2) (meaning of “powers of collaboration”);
- (d) section 16(2)(a) and (b) (meaning of “relevant regulators” and “relevant functions”);
- (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);
@@ -2797,7 +2797,7 @@
##### 114
In paragraph 1 of Schedule 1 to the [Well-being of Future Generations (Wales) Act 2015 (anaw 2)](https://www.legislation.gov.uk/anaw/2015/2), after sub-paragraph (2) insert—
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.
@@ -2809,14 +2809,14 @@
- (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”.
- (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,
> (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,
.
@@ -2850,7 +2850,7 @@
> (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.
> (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).
@@ -2862,7 +2862,10 @@
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— is not a member or an officer of any local authority, 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 is not the spouse or civil partner of a member or an officer of any local authority;
> “*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;
.
@@ -2877,7 +2880,7 @@
> (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.
> (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).
@@ -2893,11 +2896,11 @@
- (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—
- (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.
- (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.
@@ -2915,18 +2918,18 @@
- (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)](https://www.legislation.gov.uk/ukpga/2004/23);
- (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)](https://www.legislation.gov.uk/anaw/2015/2).
- (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*** |
| **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)](https://www.legislation.gov.uk/ukpga/1997/44) (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)](https://www.legislation.gov.uk/anaw/2014/4) (reviews etc. of the exercise of social services 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—
@@ -2970,19 +2973,19 @@
- (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)](https://www.legislation.gov.uk/ukpga/1992/52)) by one or more of the principal councils,
- (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,
- (h) every other principal council for a principal area which is likely to be affected by the proposal for merger, and
@@ -3004,7 +3007,7 @@
##### 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—
- (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
@@ -3060,9 +3063,9 @@
- (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—
- (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
@@ -3076,7 +3079,7 @@
- (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—
- (10) In subsection (9), “*pre-election period*” means the period—
- (a) beginning with the transfer date, and
@@ -3102,7 +3105,7 @@
- (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.
- (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—
@@ -3156,9 +3159,9 @@
- (i) facilitate the economic, effective and efficient transfer of its functions, staff, property, rights and liabilities to the new principal council, and
- (ii) ensure that the new principal council and its staff are in a position to perform the new principal council’s functions effectively.
- (2) The Welsh Ministers may direct a merging council to take, or not to take, any action the Welsh Ministers consider appropriate for the purpose of discharging the council’s duty under this section.
- (ii) ensure that the new principal council and its staff are in a position to perform the new principal council's functions effectively.
- (2) The Welsh Ministers may direct a merging council to take, or not to take, any action the Welsh Ministers consider appropriate for the purpose of discharging the council's duty under this section.
### CHAPTER 2 — RESTRUCTURING OF PRINCIPAL AREAS
@@ -3210,7 +3213,7 @@
- (1) A principal council may, by notice in writing (“an abolition request”), ask the Welsh Ministers to consider abolishing the council and its principal area.
- (2) An abolition request must set out the principal council’s reasons for seeking abolition.
- (2) An abolition request must set out the principal council's reasons for seeking abolition.
- (3) The principal council must publish the abolition request as soon as reasonably practicable after making the request.
@@ -3226,7 +3229,7 @@
##### 131
Restructuring regulations are regulations which provide for the abolition of the principal area of a council under consideration on a date specified in the regulations (“the transfer date”), and either or both of the following—
Restructuring regulations are regulations which provide for the abolition of the principal area of a council under consideration on a date specified in the regulations (“*the transfer date*”), and either or both of the following—
- (a) for a part or parts of the principal area being abolished to become, on the transfer date, part of another existing principal area or parts of other existing principal areas;
@@ -3318,7 +3321,7 @@
- (b) provide that 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.
- (6) In subsections (4) and (5), “pre-election period” means the period—
- (6) In subsections (4) and (5), “*pre-election period*” means the period—
- (a) beginning with the transfer date, and
@@ -3406,7 +3409,7 @@
- (b) ensure that it and its staff are in a position to perform their functions effectively.
- (4) The Welsh Ministers may direct a restructuring council to take, or not to take, any action the Welsh Ministers consider appropriate for the purpose of discharging the council’s duty under this section.
- (4) The Welsh Ministers may direct a restructuring council to take, or not to take, any action the Welsh Ministers consider appropriate for the purpose of discharging the council's duty under this section.
### CHAPTER 3 — FUNCTIONS RELATING TO MERGERS AND RESTRUCTURING
@@ -3508,7 +3511,7 @@
- (b) any transition committee established by council A (see Schedule 11);
- (c) if a new principal area containing all or part of council A’s area is to be constituted, the shadow council for the new principal area.
- (c) if a new principal area containing all or part of council A's area is to be constituted, the shadow council for the new principal area.
- (3) The Welsh Ministers may also direct council B to provide another relevant body or council A with any information or documents which the Welsh Ministers consider appropriate as mentioned in subsection (1)(a), (b) or (c).
@@ -3524,11 +3527,11 @@
- (b) the principal council for that area, for the financial year in which the transfer date falls.
- (2) For the purposes of subsection (1), the Panel’s payment and pension functions are the functions under the following sections in Part 8 of the 2011 Measure—
- (2) For the purposes of subsection (1), the Panel's payment and pension functions are the functions under the following sections in Part 8 of the 2011 Measure—
- (a) section 142 (payments to members), and
- (b) section 143 (members’ pensions).
- (b) section 143 (members' pensions).
- (3) Accordingly Part 8 of the 2011 Measure applies in the case of a council to which a direction under subsection (1) relates; but in its application by virtue of this subsection Part 8 is subject to—
@@ -3624,7 +3627,7 @@
- (b) where the shadow council is a designated shadow council, the date on which the shadow council is to be established.
- (3) A shadow council must prepare and approve (and may amend) a pay policy statement in accordance with sections 38(2) to (5) and 39(1), (4) and (5) of the [Localism Act 2011 (c. 20)](https://www.legislation.gov.uk/ukpga/2011/20)—
- (3) A shadow council must prepare and approve (and may amend) a pay policy statement in accordance with sections 38(2) to (5) and 39(1), (4) and (5) of the Localism Act 2011 (c. 20)—
- (a) for the period beginning with the approval of the pay policy statement and ending immediately before the transfer date, and
@@ -3636,13 +3639,13 @@
- (b) the period mentioned in subsection (3)(a) is to be treated for the purposes of those provisions as a financial year, and
- (c) section 39(5) of that Act is to be read as if for “on the authority’s website” there were substituted “on a website”.
- (c) section 39(5) of that Act is to be read as if for “on the authority's website” there were substituted “ on a website ”.
- (5) No chief officer (within the meaning of section 43(2) of the Localism Act 2011) may be appointed or designated by the shadow council until the pay policy statement under subsection (3) has been prepared and approved.
- (6) Section 143A of the 2011 Measure (functions of the Independent Remuneration Panel for Wales in respect of remuneration of chief executives) applies in relation to a shadow council, subject to paragraph 1(7) of Schedule 12; and accordingly a shadow council is a qualifying relevant authority for the purposes of that section.
- (7) In this section, “transition committee” means a transition committee established under Schedule 11—
- (7) In this section, “*transition committee*” means a transition committee established under Schedule 11—
- (a) in relation to merger regulations, or
@@ -3716,7 +3719,7 @@
- (b) repealing or revoking any enactment (with or without savings).
- (8) Merger regulations, restructuring regulations 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)](https://www.legislation.gov.uk/uksi/2006/246), apart from regulations 4(6) and 10, to transfers made under the regulations under this Part (whether or not the transfer is a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006).
- (8) Merger regulations, restructuring regulations 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 transfers made under the regulations under this Part (whether or not the transfer is a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006).
- (9) “Enactment” in subsection (7) includes any charter, whenever granted.
@@ -3740,7 +3743,7 @@
- (b) at least 60 days have passed since the day on which the required documents were laid.
- (2) In subsection (1), “the required documents” means—
- (2) In subsection (1), “*the required documents*” means—
- (a) a proposed draft of the restructuring regulations, and
@@ -3766,29 +3769,29 @@
In this Part (including Schedule 1)—
- “abolition request” (“*cais i ddiddymu*”) has the meaning given in section 130(1);
- “council under consideration” (“*cyngor sydd o dan ystyriaeth*”) has the meaning given by section 129(4)(a);
- “documents” (“*dogfennau*”) includes information recorded in any form (other than in section 148);
- “form of executive” (“*ffurf y weithrediaeth*”) is to be interpreted in accordance with section 11 of the 2000 Act;
- “merger application” (“*cais i uno*”) has the meaning given in section 121(1);
- “merger regulations” (“*rheoliadau uno*”) has the meaning given in section 124(2);
- “merging council” (“*cyngor sy’n uno*”) means a principal council that has made a merger application and whose area is to be merged into a new principal area;
- “principal area” (“*prif ardal*”) means— a county in Wales; a county borough (in Wales);
- “restructuring council” (“*cyngor sy’n cael ei ailstrwythuro*”) means a principal council that has been given notice as described in section 129(6) of the Welsh Ministers’ proposals to make restructuring regulations in relation to it;
- “restructuring regulations” (“*rheoliadau ailstrwythuro*”) has the meaning given in section 131;
- “shadow council” (“*cyngor cysgodol*”) (including “elected shadow council” and “designated shadow council”) means a council established as a shadow council in accordance with provision included in— merger regulations under section 125; restructuring regulations under section 133;
- “transfer date” (“*dyddiad trosglwyddo*”)— in relation to merger regulations, has the meaning given in section 124(1); in relation to restructuring regulations, has the meaning given in section 131.
- “*abolition request*” (“**cais i ddiddymu**”) has the meaning given in section 130(1);
- “*council under consideration*” (“**cyngor sydd o dan ystyriaeth**”) has the meaning given by section 129(4)(a);
- “*documents*” (“**dogfennau**”) includes information recorded in any form (other than in section 148);
- “*form of executive*” (“**ffurf y weithrediaeth**”) is to be interpreted in accordance with section 11 of the 2000 Act;
- “*merger application*” (“**cais i uno**”) has the meaning given in section 121(1);
- “*merger regulations*” (“**rheoliadau uno**”) has the meaning given in section 124(2);
- “*merging council*” (“**cyngor sy'n uno**”) means a principal council that has made a merger application and whose area is to be merged into a new principal area;
- “*principal area*” (“**prif ardal**”) means—a county in Wales;a county borough (in Wales);
- “*restructuring council*” (“**cyngor sy'n cael ei ailstrwythuro**”) means a principal council that has been given notice as described in section 129(6) of the Welsh Ministers' proposals to make restructuring regulations in relation to it;
- “*restructuring regulations*” (“**rheoliadau ailstrwythuro**”) has the meaning given in section 131;
- “*shadow council*” (“**cyngor cysgodol**”) (including “elected shadow council” and “designated shadow council”) means a council established as a shadow council in accordance with provision included in—merger regulations under section 125;restructuring regulations under section 133;
- “*transfer date*” (“**dyddiad trosglwyddo**”)—in relation to merger regulations, has the meaning given in section 124(1);in relation to restructuring regulations, has the meaning given in section 131.
#### Repeals of other enactments
@@ -3800,11 +3803,11 @@
- (b) in section 172 (orders and regulations)—
- (i) in subsection (2)(a) for “, Part 2, section 140, 165 or 166(2)” substitute “or 140 or 165 or 166(2) or Part 2”;
- (i) in subsection (2)(a) for “, Part 2, section 140, 165 or 166(2)” substitute “ or 140 or 165 or 166(2) or Part 2 ”;
- (ii) in subsection (2)(a) omit “or 165 or 166(2)”;
- (iii) in subsection (2)(b) for “, 158,” substitute “or 158 or”;
- (iii) in subsection (2)(b) for “, 158,” substitute “ or 158 or ”;
- (iv) in subsection (2)(b) omit “or 162 or 170”;
@@ -3822,7 +3825,7 @@
- (d) in section 71 (orders and regulations), in subsection (2)(b) omit “or which abolishes a principal area”.
- (3) In the [Local Government (Wales) Act 2015 (anaw 6)](https://www.legislation.gov.uk/anaw/2015/6) omit—
- (3) In the Local Government (Wales) Act 2015 (anaw 6) omit—
- (a) section 1(1) and (2)(a);
@@ -3838,17 +3841,17 @@
##### 151
- (1) Schedule 9 to the [Local Government Finance Act 1988 (c. 41)](https://www.legislation.gov.uk/ukpga/1988/41) (administration in relation to non-domestic rating) is amended as follows.
- (1) Schedule 9 to the Local Government Finance Act 1988 (c. 41) (administration in relation to non-domestic rating) is amended as follows.
- (2) In paragraph 5—
- (a) in sub-paragraph (1A), for “this paragraph” substitute “sub-paragraph (1)”;
- (a) in sub-paragraph (1A), for “this paragraph” substitute “ sub-paragraph (1) ”;
- (b) after sub-paragraph (1A) (information to be contained in notice given by valuation officer) insert—
> (1B) A billing authority in Wales may serve a notice on a person to whom sub-paragraph (1D) applies, requesting the person to supply to the authority information—
> (a) which is specified in the notice,
> (b) which relates to a hereditament in the authority’s area specified in the notice, and
> (b) which relates to a hereditament in the authority's area specified in the notice, and
> (c) which the authority reasonably believes will assist it in carrying out functions conferred or imposed on it by or under this Part.
> (1C) A notice under sub-paragraph (1B) must state that the billing authority believes the information will assist it in carrying out functions conferred or imposed on it by or under this Part.
> (1D) This sub-paragraph applies to—
@@ -3858,7 +3861,7 @@
;
- (c) in sub-paragraph (2), for “this paragraph” substitute “sub-paragraph (1)”;
- (c) in sub-paragraph (2), for “this paragraph” substitute “ sub-paragraph (1) ”;
- (d) after sub-paragraph (2) insert—
@@ -3866,7 +3869,7 @@
;
- (e) in sub-paragraph (4), for “this paragraph” substitute “sub-paragraph (1)”;
- (e) in sub-paragraph (4), for “this paragraph” substitute “ sub-paragraph (1) ”;
- (f) after sub-paragraph (4) insert—
@@ -3874,19 +3877,19 @@
- (3) In paragraph 5A (penalty for failure to comply with request for information within the required period)—
- (a) in sub-paragraph (1) after “paragraph 5(2)” insert “or (2A)”;
- (a) in sub-paragraph (1) after “paragraph 5(2)” insert “ or (2A) ”;
- (b) in sub-paragraph (2)—
- (i) after “valuation officer” insert “or, as the case may be, billing authority concerned”;
- (ii) in paragraph (a), after “paragraph 5(2)” insert “or (2A)”;
- (c) in sub-paragraph (3), after “paragraph 5(2)” insert “or (2A)”.
- (4) In paragraph 5B (power to mitigate or remit penalty), after “valuation officer” insert “or, as the case may be, billing authority”.
- (5) In paragraph 5C(6)(a), after “paragraph 5(2)” insert “or (2A)”.
- (i) after “valuation officer” insert “ or, as the case may be, billing authority concerned ”;
- (ii) in paragraph (a), after “paragraph 5(2)” insert “ or (2A) ”;
- (c) in sub-paragraph (3), after “paragraph 5(2)” insert “ or (2A) ”.
- (4) In paragraph 5B (power to mitigate or remit penalty), after “valuation officer” insert “ or, as the case may be, billing authority ”.
- (5) In paragraph 5C(6)(a), after “paragraph 5(2)” insert “ or (2A) ”.
- (6) In paragraph 5D(1) (recovery of penalty as civil debt), for the words from “be recovered” to the end substitute
@@ -3908,7 +3911,7 @@
.
- (9) In paragraph 5H (power of valuation officer to require information from billing authorities), after “is to be served” insert “by the officer”.
- (9) In paragraph 5H (power of valuation officer to require information from billing authorities), after “is to be served” insert “ by the officer ”.
- (10) In section 143 (procedural requirements for orders and regulations), after subsection (9A) insert—
@@ -3918,7 +3921,7 @@
##### 152
- (1) The [Local Government Finance Act 1988 (c. 41)](https://www.legislation.gov.uk/ukpga/1988/41) is amended as follows.
- (1) The Local Government Finance Act 1988 (c. 41) is amended as follows.
- (2) In Schedule 9 (administration in relation to non-domestic rating), after paragraph 6A insert—
@@ -3955,20 +3958,20 @@
##### 153
- (1) Schedule 9 to the [Local Government Finance Act 1988 (c. 41)](https://www.legislation.gov.uk/ukpga/1988/41) (administration in relation to non-domestic rating) is amended as follows.
- (1) Schedule 9 to the Local Government Finance Act 1988 (c. 41) (administration in relation to non-domestic rating) is amended as follows.
- (2) After paragraph 7 (power of valuation officer to enter properties in Wales for the purposes of valuation), insert—
> (7A)
> (1) A billing authority in Wales may enter and survey a hereditament in its area if the authority has grounds for believing that the inspection is required for the purpose of carrying out functions conferred or imposed upon it by or under this Part.
> (2) But the billing authority must obtain the approval of a valuation tribunal established under paragraph 1 of Schedule 11 before it exercises the power under sub-paragraph (1) above.
> (3) After the tribunal has given its approval, the billing authority must give at least 24 hours’ notice in writing of the proposed exercise of the power.
> (3) After the tribunal has given its approval, the billing authority must give at least 24 hours' notice in writing of the proposed exercise of the power.
> (4) A person who proposes to exercise the power under sub-paragraph (1) above must if required produce written evidence of authority to carry out the inspection.
> (5) A person who wilfully delays or obstructs a person in the exercise of a power under this paragraph is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
- (3) In the cross-heading preceding paragraph 6B (power of valuation officer to enter properties in England for the purposes of valuation), for “Power” substitute “Powers”.
- (4) For the cross-heading preceding paragraph 8 (duty of valuation officers to give access to information relating to rating lists), substitute “Access to information”.
- (3) In the cross-heading preceding paragraph 6B (power of valuation officer to enter properties in England for the purposes of valuation), for “Power” substitute “ Powers ”.
- (4) For the cross-heading preceding paragraph 8 (duty of valuation officers to give access to information relating to rating lists), substitute “ Access to information ”.
- (5) In Part 2 of Schedule 11 (valuation tribunals: Wales), before paragraph 2(d) insert—
@@ -3980,15 +3983,15 @@
##### 154
- (1) The [Local Government Finance Act 1988 (c. 41)](https://www.legislation.gov.uk/ukpga/1988/41) is amended as follows.
- (1) The Local Government Finance Act 1988 (c. 41) is amended as follows.
- (2) In Schedule 7 (non-domestic rating: multipliers)—
- (a) in paragraph 5(3), at the beginning insert “In relation to England,”;
- (b) in paragraph 5(4), at the beginning insert “In relation to England,”;
- (c) in paragraph 5(5), after “C” insert “, in relation to England,”;
- (a) in paragraph 5(3), at the beginning insert “ In relation to England, ”;
- (b) in paragraph 5(4), at the beginning insert “ In relation to England, ”;
- (c) in paragraph 5(5), after “C” insert “ , in relation to England, ”;
- (d) after paragraph 5(5) insert—
@@ -4032,31 +4035,31 @@
;
- (j) in paragraph 6(5), after “calculation” insert “made by the Secretary of State”.
- (j) in paragraph 6(5), after “calculation” insert “ made by the Secretary of State ”.
- (3) In section 143 (orders and regulations)—
- (a) in subsection (2), for “or the Treasury” substitute “, the Treasury or the Welsh Ministers”;
- (b) in subsection (9), for “The power to make an order” substitute “The powers to make an order or regulations”.
- (a) in subsection (2), for “or the Treasury” substitute “ , the Treasury or the Welsh Ministers ”;
- (b) in subsection (9), for “The power to make an order” substitute “ The powers to make an order or regulations ”.
#### Amendment of Chapter 3 of Part 5 of the Local Government Finance Act 1988
##### 155
- (1) Chapter 3 of Part 5 of the [Local Government Finance Act 1988 (c. 41)](https://www.legislation.gov.uk/ukpga/1988/41) (revenue support grant: Wales) is amended as follows.
- (2) In section 84J (calculation of grant payable to receiving authorities), in subsection (4) after “subsection (1) or” insert “by virtue of subsection”.
- (1) Chapter 3 of Part 5 of the Local Government Finance Act 1988 (c. 41) (revenue support grant: Wales) is amended as follows.
- (2) In section 84J (calculation of grant payable to receiving authorities), in subsection (4) after “subsection (1) or” insert “ by virtue of subsection ”.
- (3) In section 84K (payment of grant to receiving authorities)—
- (a) in subsection (1), for “section 84J(2)” substitute “section 84J(1)”;
- (b) in subsections (2) and (5), for “under section 84J(4)” substitute “by virtue of section 84J(2)”.
- (4) In section 84M (recalculation of grant following amending report), in subsection (6) after “subsection (2) or” insert “by virtue of subsection”.
- (5) In section 84N (payment of grant following amending report), in subsections (1) and (4) for “(4)” substitute “by virtue of section 84M(4)”.
- (a) in subsection (1), for “section 84J(2)” substitute “ section 84J(1) ”;
- (b) in subsections (2) and (5), for “under section 84J(4)” substitute “ by virtue of section 84J(2) ”.
- (4) In section 84M (recalculation of grant following amending report), in subsection (6) after “subsection (2) or” insert “ by virtue of subsection ”.
- (5) In section 84N (payment of grant following amending report), in subsections (1) and (4) for “(4)” substitute “ by virtue of section 84M(4) ”.
- (6) In section 84P (information deadlines), in subsection (1) for “under section 84J(2) or (4) or 84M(2) or (4)” substitute
@@ -4072,7 +4075,7 @@
##### 156
In Schedule 1 to the [Local Government Finance Act 1992 (c. 14)](https://www.legislation.gov.uk/ukpga/1992/14) (persons disregarded for the purposes of discount), after paragraph 11 (persons of other descriptions) insert—
In Schedule 1 to the Local Government Finance Act 1992 (c. 14) (persons disregarded for the purposes of discount), after paragraph 11 (persons of other descriptions) insert—
> (12)
> (1) Regulations under paragraph 11 made by the Welsh Ministers may amend Chapter 1 of Part 1 (but not this Schedule) for the purpose of providing that a person who, under the regulations, is to be disregarded for the purposes of discount on a particular day is also not to be jointly or severally liable to pay council tax in respect of any chargeable dwelling and that day.
@@ -4082,17 +4085,17 @@
##### 157
- (1) Schedule 4 to the [Local Government Finance Act 1992 (c. 14)](https://www.legislation.gov.uk/ukpga/1992/14) (enforcement) is amended as follows.
- (2) In paragraph 8(1) (commitment to prison), after “provide” insert “, in relation to the recovery of any sum which has become payable to a billing authority in England,”.
- (3) In paragraph 20 (interpretation), for “paragraph 6” substitute “paragraphs 5(1A)(b)(ii), 6 and 8”.
- (1) Schedule 4 to the Local Government Finance Act 1992 (c. 14) (enforcement) is amended as follows.
- (2) In paragraph 8(1) (commitment to prison), after “provide” insert “ , in relation to the recovery of any sum which has become payable to a billing authority in England, ”.
- (3) In paragraph 20 (interpretation), for “paragraph 6” substitute “ paragraphs 5(1A)(b)(ii), 6 and 8 ”.
#### Procedure for certain regulations and orders made under the Local Government Finance Act 1992
##### 158
- (1) The [Local Government Finance Act 1992 (c. 14)](https://www.legislation.gov.uk/ukpga/1992/14) is amended as follows.
- (1) The Local Government Finance Act 1992 (c. 14) is amended as follows.
- (2) In section 32 (calculation of budget requirement by principal councils in Wales), after subsection (9) insert—
@@ -4126,11 +4129,11 @@
##### 159
- (1) A member of the information sharing group may, for the purposes of exercising that member’s specified functions in relation to a principal council, request that another member of the information sharing group provide information or a document.
- (1) A member of the information sharing group may, for the purposes of exercising that member's specified functions in relation to a principal council, request that another member of the information sharing group provide information or a document.
- (2) A member of the information sharing group must provide information or a document requested under subsection (1), to the extent that—
- (a) the information or document was obtained or created by that member in exercising the member’s specified functions, and
- (a) the information or document was obtained or created by that member in exercising the member's specified functions, and
- (b) it is reasonably practicable for that member to provide the information or document.
@@ -4156,13 +4159,13 @@
- (b) the specified functions of the members of the information sharing group are the functions mentioned in the second column.
| ***Members of the information sharing group*** | ***Specified functions*** |
| **Members of the information sharing group** | **Specified functions** |
| --- | --- |
| Auditor General for Wales | Functions under sections 13 and 41 of the [Public Audit (Wales) Act 2004 (c. 23)](https://www.legislation.gov.uk/ukpga/2004/23) (audit of accounts and studies for improving economy in services) |
| Auditor General for Wales | Functions under section 15 of the [Well-being of Future Generations (Wales) Act 2015 (anaw 2)](https://www.legislation.gov.uk/anaw/2015/2) (assessments relating to the sustainable development principle) |
| Auditor General for Wales | Functions under sections 13 and 41 of the Public Audit (Wales) Act 2004 (c. 23) (audit of accounts and studies for improving economy in services) |
| Auditor General for Wales | Functions under section 15 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) (assessments relating to the sustainable development principle) |
| Auditor General for Wales | Functions under Chapter 1 of Part 6 of this Act (special inspections of performance of principal councils) |
| Her Majesty’s Chief Inspector of Education and Training in Wales | Functions under section 38 of the [Education Act 1997 (c. 44)](https://www.legislation.gov.uk/ukpga/1997/44) (inspection of education functions etc. of principal councils) |
| The Welsh Ministers | Functions under section 149A and section 149B of the [Social Services and Well-being (Wales) Act 2014 (anaw 4)](https://www.legislation.gov.uk/anaw/2014/4) (reviews etc. of the exercise of social services functions of principal councils) |
| 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. of principal councils) |
| 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 of principal councils) |
| The Welsh Ministers | Functions under Part 5 (collaborative working by principal councils), Chapter 1 of Part 6 (performance of principal councils) or Chapter 2 of Part 7 (restructuring of principal areas) of this Act |
- (6) The Welsh Ministers may by regulations amend table 2 to—
@@ -4197,7 +4200,7 @@
##### 160
In section 54 of the [Public Audit (Wales) Act 2004 (c. 23)](https://www.legislation.gov.uk/ukpga/2004/23) (restriction on disclosure of information)—
In section 54 of the Public Audit (Wales) Act 2004 (c. 23) (restriction on disclosure of information)—
- (a) in subsection (1), after paragraph (a) (and before the “or” which follows it) insert—
@@ -4220,15 +4223,15 @@
- (1) In section 8 of the 2011 Measure, after subsection (1) insert—
> (1A) A local authority must have regard to any guidance issued by the Welsh Ministers about the local authority’s function under subsection (1)(b).
> (1A) A local authority must have regard to any guidance issued by the Welsh Ministers about the local authority's function under subsection (1)(b).
- (2) In subsection (4) of that section—
- (a) omit paragraph (b);
- (b) in paragraph (c), for “that section” substitute “section 5 of the Local Government and Housing Act 1989”.
- (3) In section 43(2) of the [Localism Act 2011 (c. 20)](https://www.legislation.gov.uk/ukpga/2011/20) (meaning of “chief officer” for the purposes of pay policy statements), at the end of paragraph (e) insert
- (b) in paragraph (c), for “that section” substitute “ section 5 of the Local Government and Housing Act 1989 ”.
- (3) In section 43(2) of the Localism Act 2011 (c. 20) (meaning of “*chief officer*” for the purposes of pay policy statements), at the end of paragraph (e) insert
> ;
> (f) its head of democratic services designated under section 8(1) of the Local Government (Wales) Measure 2011 (designation by council of a county or county borough in Wales).
@@ -4251,15 +4254,15 @@
- (2) In subsection (2)—
- (a) for “Welsh Ministers” substitute “Commission ”;
- (b) for “they” substitute “it”.
- (a) for “Welsh Ministers” substitute “ Commission ”;
- (b) for “they” substitute “ it ”.
- (3) After subsection (2) insert—
> (2A) But if the office of chief executive has been vacant for more than six months, the Welsh Ministers may appoint a chief executive on such terms and conditions as they may determine (including conditions as to remuneration, pension, allowances and expenses).
- (4) In subsection (3) after “chief executive” insert “under subsection (2A),”.
- (4) In subsection (3) after “chief executive” insert “ under subsection (2A), ”.
- (5) After subsection (3) insert—
@@ -4282,7 +4285,7 @@
- (2) In subsection (2)—
- (a) in paragraph (a) for “(including, where the Commission has made recommendations or proposals to them, further reviews)” substitute “(regardless of whether in the circumstances the Commission would have the power, or would be subject to a duty, to conduct the review)”;
- (a) in paragraph (a) for “(including, where the Commission has made recommendations or proposals to them, further reviews)” substitute “ (regardless of whether in the circumstances the Commission would have the power, or would be subject to a duty, to conduct the review) ”;
- (b) after paragraph (a) insert—
@@ -4291,13 +4294,13 @@
;
- (c) in paragraph (b) for “section 28” substitute “this Part”.
- (c) in paragraph (b) for “section 28” substitute “ this Part ”.
- (3) In subsection (5)—
- (a) omit “to” in the first place it occurs;
- (b) in paragraph (a), at the beginning insert “to”;
- (b) in paragraph (a), at the beginning insert “ to ”;
- (c) after paragraph (a) insert—
@@ -4306,7 +4309,7 @@
;
- (d) in paragraph (b), at the beginning insert “to”.
- (d) in paragraph (b), at the beginning insert “ to ”.
### Public services boards
@@ -4314,7 +4317,7 @@
##### 165
- (1) In Part 4 of the [Well-being of Future Generations (Wales) Act 2015 (anaw 2)](https://www.legislation.gov.uk/anaw/2015/2), section 47 (merger of public services boards) is amended as follows.
- (1) In Part 4 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2), section 47 (merger of public services boards) is amended as follows.
- (2) Omit subsection (3) (requirement that the same Local Health Board is a member of each merging public services board).
@@ -4357,7 +4360,7 @@
##### 166
- (1) The [Fire and Rescue Services Act 2004 (c. 21)](https://www.legislation.gov.uk/ukpga/2004/21) is amended as follows.
- (1) The Fire and Rescue Services Act 2004 (c. 21) is amended as follows.
- (2) In section 2 (power to create combined fire and rescue authorities)—
@@ -4365,7 +4368,7 @@
- (i) omit “must cause an inquiry to be held”;
- (ii) in paragraph (a), at the beginning insert “must cause an inquiry to be held”;
- (ii) in paragraph (a), at the beginning insert “ must cause an inquiry to be held ”;
- (iii) at the end of paragraph (a), omit “or”;
@@ -4385,17 +4388,17 @@
- (b) in subsection (9)—
- (i) in paragraph (b), after “(8)(b)” insert “or (c)”;
- (ii) in paragraph (c), for “either” substitute “any”;
- (iii) in that paragraph, after ”2007” insert “or Part 3 of the Local Government (Democracy) (Wales) Act 2013, or to regulations under Part 7 of the Local Government and Elections (Wales) Act 2021”;
- (iv) in paragraph (d), for “either” substitute “any”;
- (c) in subsection (10), after “2007” insert “or Part 3 of the Local Government (Democracy) (Wales) Act 2013, or regulations are made under Part 7 of the Local Government and Elections (Wales) Act 2021,”.
- (3) In section 4 (combined authorities under the [Fire Services Act 1947 (c. 41)](https://www.legislation.gov.uk/ukpga/1947/41))—
- (i) in paragraph (b), after “(8)(b)” insert “ or (c) ”;
- (ii) in paragraph (c), for “either” substitute “ any ”;
- (iii) in that paragraph, after ”2007” insert “ or Part 3 of the Local Government (Democracy) (Wales) Act 2013, or to regulations under Part 7 of the Local Government and Elections (Wales) Act 2021 ”;
- (iv) in paragraph (d), for “either” substitute “ any ”;
- (c) in subsection (10), after “2007” insert “ or Part 3 of the Local Government (Democracy) (Wales) Act 2013, or regulations are made under Part 7 of the Local Government and Elections (Wales) Act 2021, ”.
- (3) In section 4 (combined authorities under the Fire Services Act 1947 (c. 41))—
- (a) in subsection (6), for “must cause an inquiry to be held” substitute
@@ -4407,11 +4410,11 @@
;
- (b) in paragraph (b) of subsection (7), after ”2007” insert “or Part 3 of the Local Government (Democracy) (Wales) Act 2013, or to regulations under Part 7 of the Local Government and Elections (Wales) Act 2021”.
- (b) in paragraph (b) of subsection (7), after ”2007” insert “ or Part 3 of the Local Government (Democracy) (Wales) Act 2013, or to regulations under Part 7 of the Local Government and Elections (Wales) Act 2021 ”.
- (4) In section 34(3) of the 2013 Act (pre-review procedure: mandatory consultees), after paragraph (b) insert—
> (ba) any fire and rescue authority (constituted by a scheme under section 2 of the [Fire and Rescue Services Act 2004 (c. 21)](https://www.legislation.gov.uk/ukpga/2004/21), or a scheme to which section 4 of that Act applies) for an area in Wales which may be affected by the review,
> (ba) any fire and rescue authority (constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies) for an area in Wales which may be affected by the review,
.
@@ -4419,22 +4422,22 @@
##### 167
- (1) The [Fire and Rescue Services Act 2004 (c. 21)](https://www.legislation.gov.uk/ukpga/2004/21) is amended as follows.
- (1) The Fire and Rescue Services Act 2004 (c. 21) is amended as follows.
- (2) After section 21 (fire and rescue national framework) insert—
> (21A)
> (1) The Welsh Ministers may by regulations—
> (a) require a fire and rescue authority for an area in Wales to make a plan in relation to the exercise of the authority’s functions;
> (a) require a fire and rescue authority for an area in Wales to make a plan in relation to the exercise of the authority's functions;
> (b) impose requirements relating to such a plan.
> (2) The requirements which may be imposed under subsection (1)(b) include requirements about—
> (a) a plan’s content;
> (a) a plan's content;
> (b) its preparation and revision;
> (c) when it is to be made;
> (d) the period to which it is to relate;
> (e) its publication.
> (3) Requirements about a plan’s content include requirements to—
> (a) set out an authority’s priorities and objectives;
> (3) Requirements about a plan's content include requirements to—
> (a) set out an authority's priorities and objectives;
> (b) describe and explain the extent to which the plan reflects the Framework prepared by the Welsh Ministers under section 21;
> (c) set out actions the authority intends to take in relation to its priorities and objectives;
> (d) set out how the authority intends to assess its performance.
@@ -4464,7 +4467,7 @@
- (d) section 11(1)(d) (meaning of “powers of collaboration”);
- (e) section 16(2)(c) (meaning of “relevant regulators” and “relevant functions”);
- (e) section 16(2)(c) (meaning of “*relevant regulators*” and “*relevant functions*”);
- (f) in section 35 (interpretation of Part 1), the definition of “Welsh fire and rescue authority”;
@@ -4474,7 +4477,7 @@
- (ii) paragraphs 32 and 33, and the heading which precedes them.
- (2) In section 93 of the [Local Government Act 2003 (c. 26)](https://www.legislation.gov.uk/ukpga/2003/26) (power to charge for discretionary services), in subsection (9)—
- (2) In section 93 of the Local Government Act 2003 (c. 26) (power to charge for discretionary services), in subsection (9)—
- (a) for paragraph (aa) substitute—
@@ -4488,7 +4491,7 @@
.
- (3) In section 24 of the [Fire and Rescue Services Act 2004 (c. 21)](https://www.legislation.gov.uk/ukpga/2004/21) (best value), for subsections (3) to (5) substitute—
- (3) In section 24 of the Fire and Rescue Services Act 2004 (c. 21) (best value), for subsections (3) to (5) substitute—
> (3) This section does not apply to a fire and rescue authority in Wales.
@@ -4520,17 +4523,17 @@
- (a) in the 2011 Measure, section 161;
- (b) in the [Public Audit (Wales) Act 2013 (anaw 3)](https://www.legislation.gov.uk/anaw/2013/3)—
- (b) in the Public Audit (Wales) Act 2013 (anaw 3)—
- (i) section 11(2);
- (ii) in Schedule 4, paragraphs 83 to 88 (and the cross-heading which precedes them);
- (c) in the [Well-being of Future Generations (Wales) Act 2015 (anaw 2)](https://www.legislation.gov.uk/anaw/2015/2), in Schedule 4, paragraphs 20 to 23 (and the cross-heading which precedes them);
- (d) in the [Localism Act 2011 (c. 20)](https://www.legislation.gov.uk/ukpga/2011/20), in the table in Part 1 of Schedule 25, the entry for the 2009 Measure;
- (e) in the [Deregulation Act 2015 (c. 20)](https://www.legislation.gov.uk/ukpga/2015/20), section 100(2)(h);
- (c) in the Well-being of Future Generations (Wales) Act 2015 (anaw 2), in Schedule 4, paragraphs 20 to 23 (and the cross-heading which precedes them);
- (d) in the Localism Act 2011 (c. 20), in the table in Part 1 of Schedule 25, the entry for the 2009 Measure;
- (e) in the Deregulation Act 2015 (c. 20), section 100(2)(h);
- (f) in this Act—
@@ -4546,43 +4549,43 @@
- (1) In this Act—
- “1972 Act” (“*Deddf 1972*”) means the [Local Government Act 1972 (c. 70)](https://www.legislation.gov.uk/ukpga/1972/70);
- “1983 Act” (“*Deddf 1983*”) means the [Representation of the People Act 1983 (c. 2)](https://www.legislation.gov.uk/ukpga/1983/2);
- “2000 Act” (“*Deddf 2000*”) means the [Local Government Act 2000 (c. 22)](https://www.legislation.gov.uk/ukpga/2000/22);
- “2009 Measure” (“*Mesur 2009*”) means the [Local Government (Wales) Measure 2009 (nawm 2)](https://www.legislation.gov.uk/mwa/2009/2);
- “2011 Measure” (“*Mesur 2011*”) means the [Local Government (Wales) Measure 2011 (nawm 4)](https://www.legislation.gov.uk/mwa/2011/4);
- “2013 Act” (“*Deddf 2013*”) means the [Local Government (Democracy) (Wales) Act 2013 (anaw 4)](https://www.legislation.gov.uk/anaw/2013/4);
- “elected mayor” (“*maer etholedig*”) has the same meaning as in section 39(1) of the 2000 Act;
- “enactment” (“*deddfiad*”) means an enactment whenever enacted or made (including this Act);
- “executive” (“*gweithrediaeth*”) is to be interpreted in accordance with section 11 of the 2000 Act;
- “executive arrangements” (“*trefniadau gweithrediaeth*”) has the same meaning as in section 10 of the 2000 Act;
- “executive leader” (“*arweinydd gweithrediaeth*”) has the same meaning as in section 11(3)(a) of the 2000 Act;
- “fire and rescue authority” (“*awdurdod tân ac achub*”) means a fire and rescue authority constituted by a scheme under section 2 of the [Fire and Rescue Services Act 2004 (c. 21)](https://www.legislation.gov.uk/ukpga/2004/21), or a scheme to which section 4 of that Act applies;
- “leader and cabinet executive” (“*gweithrediaeth arweinydd a chabinet*”) means a leader and cabinet executive (Wales) within the meaning of section 11(3) of the 2000 Act;
- “local government election” (“*etholiad llywodraeth leol*”) means the election of councillors for any electoral ward or community ward in Wales or, in the case of a community in Wales in which there are no wards, the community, for which the election of councillors is held under the 1972 Act;
- “local people” (“*pobl leol*”), in relation to a principal council, means people who live, work or study in the council’s area;
- “mayor and cabinet executive” (“*gweithrediaeth maer a chabinet*”) has the same meaning as in section 11(2) of the 2000 Act;
- “member” (“*aelod*”)— in relation to a principal council, means a councillor of the council (which includes a councillor elected as chair or presiding member, or appointed as vice-chair or deputy presiding member), and in relation to a principal council which is operating a mayor and cabinet executive, includes the elected mayor of the council;
- “primary legislation”(“*deddfwriaeth sylfaenol*”) means— a Measure passed under Part 3 of the [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32); an Act passed under Part 4 of that Act; an Act of Parliament;
- “principal council” (“*prif gyngor*”) means— the council for a county in Wales; the council for a county borough (in Wales).
- “*1972 Act*” (“**Deddf 1972**”) means the Local Government Act 1972 (c. 70);
- “*1983 Act*” (“**Deddf 1983**”) means the Representation of the People Act 1983 (c. 2);
- “*2000 Act*” (“**Deddf 2000**”) means the Local Government Act 2000 (c. 22);
- “*2009 Measure*” (“**Mesur 2009**”) means the Local Government (Wales) Measure 2009 (nawm 2);
- “*2011 Measure*” (“**Mesur 2011**”) means the Local Government (Wales) Measure 2011 (nawm 4);
- “*2013 Act*” (“**Deddf 2013**”) means the Local Government (Democracy) (Wales) Act 2013 (anaw 4);
- “*elected mayor*” (“**maer etholedig**”) has the same meaning as in section 39(1) of the 2000 Act;
- “*enactment*” (“**deddfiad**”) means an enactment whenever enacted or made (including this Act);
- “*executive*” (“**gweithrediaeth**”) is to be interpreted in accordance with section 11 of the 2000 Act;
- “*executive arrangements*” (“**trefniadau gweithrediaeth**”) has the same meaning as in section 10 of the 2000 Act;
- “*executive leader*” (“**arweinydd gweithrediaeth**”) has the same meaning as in section 11(3)(a) of the 2000 Act;
- “*fire and rescue authority*” (“**awdurdod tân ac achub**”) means a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies;
- “*leader and cabinet executive*” (“**gweithrediaeth arweinydd a chabinet**”) means a leader and cabinet executive (Wales) within the meaning of section 11(3) of the 2000 Act;
- “*local government election*” (“**etholiad llywodraeth leol**”) means the election of councillors for any electoral ward or community ward in Wales or, in the case of a community in Wales in which there are no wards, the community, for which the election of councillors is held under the 1972 Act;
- “*local people*” (“**pobl leol**”), in relation to a principal council, means people who live, work or study in the council's area;
- “*mayor and cabinet executive*” (“**gweithrediaeth maer a chabinet**”) has the same meaning as in section 11(2) of the 2000 Act;
- “*member*” (“**aelod**”)—in relation to a principal council, means a councillor of the council (which includes a councillor elected as chair or presiding member, or appointed as vice-chair or deputy presiding member), andin relation to a principal council which is operating a mayor and cabinet executive, includes the elected mayor of the council;
- “primary legislation”(“*deddfwriaeth sylfaenol*”) means—a Measure passed under Part 3 of the Government of Wales Act 2006 (c. 32);an Act passed under Part 4 of that Act;an Act of Parliament;
- “*principal council*” (“**prif gyngor**”) means—the council for a county in Wales;the council for a county borough (in Wales).
- (2) Where this Act imposes a duty to publish a notice or other document, the notice or other document must be published—
@@ -4674,7 +4677,7 @@
- (6) A statutory instrument containing regulations under this Act and to which subsection (4) does not apply is subject to annulment in pursuance of a resolution of Senedd Cymru; but this subsection does not apply to a statutory instrument containing only regulations under paragraph 9, 10 or 11 of Schedule 1 (initial reviews).
- (7) In subsection (5), “primary legislation” includes a provision of primary legislation.
- (7) In subsection (5), “*primary legislation*” includes a provision of primary legislation.
#### Coming into force
@@ -4698,9 +4701,9 @@
- (i) subsection (4)(b) and (c);
- (ii) in table 2 in subsection (5), the entry relating to the Auditor General for Wales’ functions under Chapter 1 of Part 6;
- (iii) in that table, in the entry relating to the Welsh Ministers’ functions under this Act, the words from “, Chapter 1” to “areas)”;
- (ii) in table 2 in subsection (5), the entry relating to the Auditor General for Wales' functions under Chapter 1 of Part 6;
- (iii) in that table, in the entry relating to the Welsh Ministers' functions under this Act, the words from “, Chapter 1” to “areas)”;
- (h) section 160;
@@ -4746,7 +4749,7 @@
- (ii) in subsection (2)(a), the words “(including council B)”;
- (iii) in subsection (2)(c), the words “if a new principal area containing all or part of council A’s area is to be constituted,”;
- (iii) in subsection (2)(c), the words “if a new principal area containing all or part of council A's area is to be constituted,”;
- (iv) subsection (3);
@@ -4870,7 +4873,7 @@
##### 1
- (1) For the purposes of this Act, an “initial review” is a review conducted by the Local Democracy and Boundary Commission for Wales (“the Commission”) for the purpose of recommending electoral arrangements for the area under review.
- (1) For the purposes of this Act, an “initial review” is a review conducted by the Local Democracy and Boundary Commission for Wales (“*the Commission*”) for the purpose of recommending electoral arrangements for the area under review.
- (2) In an initial review the Commission may also recommend relevant consequential changes.
@@ -4908,15 +4911,15 @@
- (1) In this Schedule—
- “electoral arrangements” (“*trefniadau etholiadol*”) means— in relation to an area under review— the number of councillors of the principal council for the area; the number, type and boundaries of the electoral wards into which the area is divided for the purpose of the election of councillors of the principal council; the number of councillors to be elected for each electoral ward; the name of each electoral ward; in relation to a community in an area under review— the number of councillors of a council for the community; its division into community wards for the purpose of the election of councillors of a council for the community; the number, type and boundaries of any community wards; the number of councillors to be elected for any community ward; the name of any community ward;
- “relevant consequential changes” (“*newidiadau canlyniadol perthnasol*”), in relation to an area under review, means— changes in the boundaries of communities in the area; changes to the name of a community, or the council for a community, for which a boundary change is recommended; changes to the electoral arrangements for a community in the area.
- “*electoral arrangements*” (“**trefniadau etholiadol**”) means—in relation to an area under review—the number of councillors of the principal council for the area;the number, type and boundaries of the electoral wards into which the area is divided for the purpose of the election of councillors of the principal council;the number of councillors to be elected for each electoral ward;the name of each electoral ward;in relation to a community in an area under review—the number of councillors of a council for the community;its division into community wards for the purpose of the election of councillors of a council for the community;the number, type and boundaries of any community wards;the number of councillors to be elected for any community ward;the name of any community ward;
- “*relevant consequential changes*” (“**newidiadau canlyniadol perthnasol**”), in relation to an area under review, means—changes in the boundaries of communities in the area;changes to the name of a community, or the council for a community, for which a boundary change is recommended;changes to the electoral arrangements for a community in the area.
- (2) In sub-paragraph (1), in the definition of “electoral arrangements” the references to the type of ward are to whether the ward is a single member ward or a multiple member ward; and for this purpose—
- “multiple member ward” (“*ward amlaelod*”) means a ward in respect of which a specified number (greater than one) of councillors are to be elected for the ward;
- “single member ward” (“*ward un aelod*”) means a ward in respect of which only one councillor is to be elected.
- “*multiple member ward*” (“**ward amlaelod**”) means a ward in respect of which a specified number (greater than one) of councillors are to be elected for the ward;
- “*single member ward*” (“**ward un aelod**”) means a ward in respect of which only one councillor is to be elected.
- (3) Section 149 makes provision about the meanings of terms used in this Schedule.
@@ -4970,9 +4973,9 @@
- (4) In this paragraph and paragraph 6—
- “local government elector” (“*etholwr llywodraeth leol*”) means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts;
- “relevant official statistics” (“*ystadegau swyddogol perthnasol*”) means the official statistics within the meaning of section 6 of the [Statistics and Registration Service Act 2007 (c. 18)](https://www.legislation.gov.uk/ukpga/2007/18) which the Commission considers appropriate.
- “*local government elector*” (“**etholwr llywodraeth leol**”) means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts;
- “*relevant official statistics*” (“**ystadegau swyddogol perthnasol**”) means the official statistics within the meaning of section 6 of the Statistics and Registration Service Act 2007 (c. 18) which the Commission considers appropriate.
#### Pre-review procedure
@@ -4984,7 +4987,7 @@
- (b) to consult the mandatory consultees on its intended procedure and methodology for the initial review and, in particular, on how it proposes to determine the appropriate number of councillors of the principal council for the area under review.
- (2) In this Schedule, “the mandatory consultees” means—
- (2) In this Schedule, “*the mandatory consultees*” means—
- (a) in the case of an initial review conducted in accordance with a direction under section 11, the principal council of the area under review;
@@ -5082,7 +5085,7 @@
- (3) No regulations may be made under sub-paragraph (1) until the end of the period of six weeks beginning with the date on which the report under paragraph 8 is published by the Commission.
- (4) The Welsh Ministers may require the Commission to provide them with any further information or documents they consider appropriate in relation to the Commission’s recommendations.
- (4) The Welsh Ministers may require the Commission to provide them with any further information or documents they consider appropriate in relation to the Commission's recommendations.
#### Power to make regulations where no recommendations are made
@@ -5094,7 +5097,7 @@
- (3) The Welsh Ministers, in considering the electoral arrangements for an area under review for the purpose of making regulations under sub-paragraph (2), must do the things set out in paragraph 5(1)(a) and (b) (and paragraph 5(2) and (4) apply accordingly).
- (4) The Welsh Ministers may require the Commission to provide them with any information or documents they consider appropriate in relation to any matters which have come to the Commission’s attention in consequence of—
- (4) The Welsh Ministers may require the Commission to provide them with any information or documents they consider appropriate in relation to any matters which have come to the Commission's attention in consequence of—
- (a) any steps taken under paragraph 6,
@@ -5144,9 +5147,9 @@
- (4) In this paragraph—
- (a) in sub-paragraph (2),“the new voting system” means the voting system that applies to the election of councillors of the council as a consequence of the exercise of the power to change the voting system under section 8;
- (b) in sub-paragraph (3), “the relevant principal area” means the principal area which was, or any part of which was, the area under review.
- (a) in sub-paragraph (2), “*the new voting system*” means the voting system that applies to the election of councillors of the council as a consequence of the exercise of the power to change the voting system under section 8;
- (b) in sub-paragraph (3), “*the relevant principal area*” means the principal area which was, or any part of which was, the area under review.
#### Delegation by the Commission of functions under this Schedule
@@ -5154,9 +5157,9 @@
In section 13(1) of the 2013 Act—
- (a) after “Part 3” insert “of this Act”;
- (b) after “or local inquiries)” insert “, or Schedule 1 to the Local Government and Elections (Wales) Act 2021 (functions relating to initial reviews),”.
- (a) after “Part 3” insert “ of this Act ”;
- (b) after “or local inquiries)” insert “ , or Schedule 1 to the Local Government and Elections (Wales) Act 2021 (functions relating to initial reviews), ”.
#### Orders under Part 3 of the Local Government (Democracy) (Wales) Act 2013 (anaw 4)
@@ -5166,7 +5169,7 @@
> (12A) The Welsh Ministers may by order vary or revoke an order under this section or section 37, 38 or 39 (regardless of whether they made the order) in consequence of regulations under paragraph 9 or 10 of Schedule 1 to the Local Government and Elections (Wales) Act 2021.
## SCHEDULE 2
## .SCHEDULE 2
## PART 1 — Primary legislation
@@ -5180,29 +5183,29 @@
- (a) in subsection (1)—
- (i) for “and Part 1” substitute “, Part 1”;
- (ii) after “1983” insert “, and Part 1 of the Local Government and Elections (Wales) Act 2021”;
- (i) for “and Part 1” substitute “ , Part 1 ”;
- (ii) after “1983” insert “ , and Part 1 of the Local Government and Elections (Wales) Act 2021 ”;
- (b) in subsection (2)—
- (i) for “divisions” substitute “wards”;
- (ii) after “[2013 (anaw 4)](https://www.legislation.gov.uk/anaw/2013/4)” insert “, or by regulations under paragraph 9 or 10 of Schedule 1 to the Local Government and Elections (Wales) Act 2021”;
- (c) in subsection (3) for “division” substitute “ward”.
- (i) for “divisions” substitute “ wards ”;
- (ii) after “2013 (anaw 4)” insert “ , or by regulations under paragraph 9 or 10 of Schedule 1 to the Local Government and Elections (Wales) Act 2021 ”;
- (c) in subsection (3) for “division” substitute “ ward ”.
- (3) In section 80 (disqualifications for election and holding office as member of local authority)—
- (a) in subsection (1), after “local authority”, where it first occurs, insert “in England”;
- (b) in subsection (2), after “paid officer of a local authority” insert “in England”;
- (a) in subsection (1), after “local authority”, where it first occurs, insert “ in England ”;
- (b) in subsection (2), after “paid officer of a local authority” insert “ in England ”;
- (c) omit subsection (3B);
- (d) in the heading, for “local authority” substitute “a local authority in England”.
- (4) In section 86(1)(b) (declaration of vacancy of local authority member), after “otherwise than under” insert “section 80A(1)(c) of this Act,”.
- (d) in the heading, for “local authority” substitute “ a local authority in England ”.
- (4) In section 86(1)(b) (declaration of vacancy of local authority member), after “otherwise than under” insert “ section 80A(1)(c) of this Act, ”.
- (5) In section 87(1)(date of casual vacancies), after paragraph (d) insert—
@@ -5210,19 +5213,19 @@
.
- (6) In section 89 (filling of casual vacancies in case of councillors), in subsection (6), at the end, insert “in the case of a parish council or, in the case of a community council, made under section 36A of the 1983 Act”.
- (6) In section 89 (filling of casual vacancies in case of councillors), in subsection (6), at the end, insert “ in the case of a parish council or, in the case of a community council, made under section 36A of the 1983 Act ”.
- (7) In section 116 (members of local authorities not to be appointed as officers)—
- (a) after “local authority”, in both places where it occurs, insert “in England”;
- (b) in the heading, after “local authorities” insert “in England”.
- (a) after “local authority”, in both places where it occurs, insert “ in England ”;
- (b) in the heading, after “local authorities” insert “ in England ”.
- (8) In Schedule 12, in paragraph 34(5)(polls consequent on community meetings)—
- (a) for “Secretary of State” substitute “Welsh Ministers”;
- (b) for “section 36” substitute “section 36A”.
- (a) for “Secretary of State” substitute “ Welsh Ministers ”;
- (b) for “section 36” substitute “ section 36A ”.
- (9) In this Act, omit paragraph 2 of Schedule 6 (modification of sections 80 and 116 of the 1972 Act relating to assistants to the executive).
@@ -5246,9 +5249,9 @@
- (c) omit subsection (2C);
- (d) in subsection (2D), for “for the purpose of restricting the liberty of persons under the age of 18” substitute “in the United Kingdom provided for the purpose of lawfully restricting the liberty of persons under the age of 18, other than a penal institution within the meaning given in section 3(2)(b)”.
- (3) In section 31(1A) (polling districts and stations at local government elections), for “division” substitute “ward”.
- (d) in subsection (2D), for “for the purpose of restricting the liberty of persons under the age of 18” substitute “ in the United Kingdom provided for the purpose of lawfully restricting the liberty of persons under the age of 18, other than a penal institution within the meaning given in section 3(2)(b) ”.
- (3) In section 31(1A) (polling districts and stations at local government elections), for “division” substitute “ ward ”.
- (4) In section 36 (local elections in England and Wales)—
@@ -5258,7 +5261,7 @@
- (c) in subsection (4)—
- (i) after “principal area” insert “in England”;
- (i) after “principal area” insert “ in England ”;
- (ii) omit “a county borough”;
@@ -5289,25 +5292,25 @@
> (36C)
> (1) All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor for a county or county borough in Wales must, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council for that area, exceed that scale, be paid by that council.
> (2) All the expenditure properly incurred by a returning officer in relation to the holding of an election of a community councillor must, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council of the county or county borough in which the community is situated (“the principal council”), exceed that scale, be paid by the principal council; and if the principal council so require, any expenditure so incurred must be repaid to them by the community council.
> (3) Before a poll is taken at an election of a councillor for any local government area in Wales the council of that area or, in the case of an election of a community councillor, the council who appointed the returning officer must, at the request of the returning officer (including any person acting as returning officer), advance to the officer such reasonable sum in respect of the officer’s expenses at the election as the officer may require.
> (3) Before a poll is taken at an election of a councillor for any local government area in Wales the council of that area or, in the case of an election of a community councillor, the council who appointed the returning officer must, at the request of the returning officer (including any person acting as returning officer), advance to the officer such reasonable sum in respect of the officer's expenses at the election as the officer may require.
- (6) Regulations made under section 36(3C) of the 1983 Act that are in force immediately before the coming into force of section 13(2) continue in effect, so far as they apply to elections of councillors for local government areas in Wales, as if the regulations were made under section 36B(4) of that Act (as inserted by sub-paragraph (5)).
- (7) In section 39 (election to fill vacancy where local election void etc.)—
- (a) in subsection (5)(a), after “section 36” insert “or section 36A”;
- (b) in subsection (6), in paragraphs (a)(i) and (b)(i), after “section 36” insert “or section 36A”.
- (8) In section 40(3) (computing periods of time for local elections), after “section 36” insert “or section 36A”.
- (a) in subsection (5)(a), after “section 36” insert “ or section 36A ”;
- (b) in subsection (6), in paragraphs (a)(i) and (b)(i), after “section 36” insert “ or section 36A ”.
- (8) In section 40(3) (computing periods of time for local elections), after “section 36” insert “ or section 36A ”.
- (9) In section 46 (further provision as to local election voting)—
- (a) in subsection (1), after “area”, where it first occurs, insert “in England”;
- (b) in subsection (2), after “election” insert “in England”;
- (c) in the heading, after “voting” insert “in England”.
- (a) in subsection (1), after “area”, where it first occurs, insert “ in England ”;
- (b) in subsection (2), after “election” insert “ in England ”;
- (c) in the heading, after “voting” insert “ in England ”.
- (10) After section 46 insert—
@@ -5320,7 +5323,7 @@
> (4) An elector or a person acting as proxy for an elector may not give more than one vote (whether as first preference or any subsequent preference) for any one candidate.
> (5) No person is subject to an incapacity to vote at a local government election in Wales by reason of the fact that the person is, or is acting as, the returning officer at that election.
- (11) In section 48(1) (validity of local elections), after “section 36” insert “, section 36A”.
- (11) In section 48(1) (validity of local elections), after “section 36” insert “ , section 36A ”.
- (12) In section 49(5)(b) (effect of registers), after sub-paragraph (iv) insert—
@@ -5328,7 +5331,7 @@
.
- (13) In the following provisions, after “section 36” insert “or section 36A”—
- (13) In the following provisions, after “section 36” insert “ or section 36A ”
- (a) section 90(1)(b) (election expenses at election of community or parish councillors);
@@ -5338,45 +5341,45 @@
- (d) section 97(2)(b) (disturbances at local election meetings).
- (14) In section 99(1)(b) (officer or clerk not to act as candidate’s agent), after “section 36” insert “, section 36A”.
- (15) In section 139(6) (trial of election petition: equality of votes), in the words before paragraph (a), and in paragraph (a), after “section 36” insert “, section 36A”.
- (16) In section 187(1) (application of Act to community council elections etc.) after “section 36” insert “or section 36A”.
- (17) In section 202(1) (general interpretation provisions), in the definition of “voter” after “section 36” insert “, 36A”.
- (14) In section 99(1)(b) (officer or clerk not to act as candidate's agent), after “section 36” insert “ , section 36A ”.
- (15) In section 139(6) (trial of election petition: equality of votes), in the words before paragraph (a), and in paragraph (a), after “section 36” insert “ , section 36A ”.
- (16) In section 187(1) (application of Act to community council elections etc.) after “section 36” insert “ or section 36A ”.
- (17) In section 202(1) (general interpretation provisions), in the definition of “voter” after “section 36” insert “ , 36A ”.
- (18) In section 203(1) (local government provisions as to England and Wales)—
- (a) in the definition of “electoral area”, for paragraph (a) substitute—
> 1. in England, any electoral division or ward or, in the case of a parish in which there are no wards, the parish, for which the election of councillors is held under the local government Act;
> 2. in Wales, any electoral ward of a county council or county borough council or community ward or, in the case of a community in which there are no wards, the community, for which the election of councillors is held under the local government Act;
> (a) in England, any electoral division or ward or, in the case of a parish in which there are no wards, the parish, for which the election of councillors is held under the local government Act;
> (aa) in Wales, any electoral ward of a county council or county borough council or community ward or, in the case of a community in which there are no wards, the community, for which the election of councillors is held under the local government Act;
;
- (b) in the appropriate place, insert—
> - “simple majority system” has the meaning given by section 6(1) of the Local Government and Elections (Wales) Act 2021;
> - ”single transferable vote system” has the meaning given by section 6(2) of the Local Government and Elections (Wales) Act 2021.
> “*simple majority system*” has the meaning given by section 6(1) of the Local Government and Elections (Wales) Act 2021;
> ”single transferable vote system” has the meaning given by section 6(2) of the Local Government and Elections (Wales) Act 2021.
#### Representation of the People Act 1985 (c. 50)
##### 3
In section 15(2) of the Representation of the People Act 1985 (combination of polls), after “section 36” insert “or section 36B”.
In section 15(2) of the Representation of the People Act 1985 (combination of polls), after “section 36” insert “ or section 36B ”.
#### Parliamentary Constituencies Act 1986 (c. 56)
##### 4
In rule 9(3)(b) of Schedule 2 to the Parliamentary Constituencies Act 1986 (meaning of “local government boundaries”), for “divisions” substitute “wards”.
In rule 9(3)(b) of Schedule 2 to the Parliamentary Constituencies Act 1986 (meaning of “local government boundaries”), for “divisions” substitute “ wards ”.
#### Local Government and Housing Act 1989 (c. 42)
##### 5
In section 12 of the Local Government and Housing Act 1989 (conflict of interest in staff negotiations), in subsection (2) after “section 80(1)(a)” insert “or section 80C(1)”.
In section 12 of the Local Government and Housing Act 1989 (conflict of interest in staff negotiations), in subsection (2) after “section 80(1)(a)” insert “ or section 80C(1) ”.
#### Local Government (Wales) Act 1994 (c. 19)
@@ -5394,7 +5397,7 @@
##### 7
In paragraph 2(4) of Schedule 7 to the Environment Act 1995 (local authority members of National Park authorities), for “ divisions” substitute “wards”.
In paragraph 2(4) of Schedule 7 to the Environment Act 1995 (local authority members of National Park authorities), for “ divisions” substitute “ wards ”.
#### Representation of the People Act 2000 (c. 2)
@@ -5408,7 +5411,7 @@
- (i) omit “and Wales”;
- (ii) after the second occurrence of “made” insert “in relation to local government elections in England”;
- (ii) after the second occurrence of “made” insert “ in relation to local government elections in England ”;
- (b) after subsection (6), insert—
@@ -5416,11 +5419,11 @@
- (3) In Schedule 4 (absent voting in Great Britain)—
- (a) in paragraph 1(1), in the definition of “the appropriate rules” in paragraph (b), after “section 36” insert “, section 36A”;
- (a) in paragraph 1(1), in the definition of “the appropriate rules” in paragraph (b), after “section 36” insert “ , section 36A ”;
- (b) in paragraph 6—
- (i) in sub-paragraph (5), after “election” insert “(other than a local government election in Wales)”;
- (i) in sub-paragraph (5), after “election” insert “ (other than a local government election in Wales) ”;
- (ii) after sub-paragraph (5) insert—
@@ -5434,9 +5437,9 @@
- (2) In section 85 (options for elections)—
- (a) in subsection (1) after “Part” insert “as it applies in relation to a principal council for an area in England,”;
- (b) in that subsection, before “a principal council” insert “such”;
- (a) in subsection (1) after “Part” insert “ as it applies in relation to a principal council for an area in England, ”;
- (b) in that subsection, before “a principal council” insert “ such ”;
- (c) in the heading, after “elections” insert ”England”.
@@ -5446,7 +5449,7 @@
##### 10
In paragraph 4(3) of Schedule 13 to the Countryside and Rights of Way Act 2000 (local authority members of conservation boards) for “divisions” substitute “wards”.
In paragraph 4(3) of Schedule 13 to the Countryside and Rights of Way Act 2000 (local authority members of conservation boards) for “divisions” substitute “ wards ”.
#### Political Parties, Elections and Referendums Act 2000 (c. 41)
@@ -5458,7 +5461,7 @@
##### 12
In section 17E of the Government of Wales Act 2006 (exception from disqualification of councillors from being Members of the Senedd), in subsection (4)(a), after “section 37ZA(1)” insert “or (1A)”.
In section 17E of the Government of Wales Act 2006 (exception from disqualification of councillors from being Members of the Senedd), in subsection (4)(a), after “section 37ZA(1)” insert “ or (1A) ”.
#### Local Government and Public Involvement in Health Act 2007 (c. 28)
@@ -5470,7 +5473,7 @@
- (a) in subsection (1), omit paragraph (a);
- (b) in subsection (2), omit “the [Local Government Act 1972 (c. 70)](https://www.legislation.gov.uk/ukpga/1972/70).”
- (b) in subsection (2), omit “the Local Government Act 1972 (c. 70).”
- (3) In Schedule 14, in paragraph 2(3) omit the subsection (3B) to be inserted into section 80 of the 1972 Act.
@@ -5480,9 +5483,9 @@
- (1) The Local Government (Wales) Measure 2011 is amended as follows.
- (2) In section 56(3)(a) (exercise of functions by councillors), for “division” substitute “ward”.
- (3) In section 116(1)(b) (public notices relating to community council vacancy to be filled by co-option), for “section 36(2)” substitute “section 36A”.
- (2) In section 56(3)(a) (exercise of functions by councillors), for “division” substitute “ ward ”.
- (3) In section 116(1)(b) (public notices relating to community council vacancy to be filled by co-option), for “section 36(2)” substitute “ section 36A ”.
#### Senedd and Elections (Wales) Act 2020 (anaw 1)
@@ -5494,26 +5497,26 @@
- (a) in subsection (2), in the definition of “absent voters record or list”, after paragraph (b) insert—
> (c) so far as relating to local government elections, a record kept under paragraph 3(4) or 7(6) of Schedule 4 to the [Representation of the People Act 2000 (c. 2)](https://www.legislation.gov.uk/ukpga/2000/2) (absent voting);
> (c) so far as relating to local government elections, a record kept under paragraph 3(4) or 7(6) of Schedule 4 to the Representation of the People Act 2000 (c. 2) (absent voting);
> (d) so far as relating to local government elections, a list kept under paragraph 5 or 7(8) of that Schedule;
;
- (b) after subsection (2) insert—
> (3) In sections 25 and 26, “local government election” means—
> (a) an election of councillors for any electoral ward or community ward in Wales or, in the case of a community in Wales in which there are no wards, the community, for which the election of councillors is held under the [Local Government Act 1972 (c. 70)](https://www.legislation.gov.uk/ukpga/1972/70), or
> (b) an election for the return of an elected mayor (within the meaning of section 39(1) of the [Local Government Act 2000 (c. 22)](https://www.legislation.gov.uk/ukpga/2000/22)) of a local authority in Wales.
> (3) In sections 25 and 26, “*local government election*” means—
> (a) an election of councillors for any electoral ward or community ward in Wales or, in the case of a community in Wales in which there are no wards, the community, for which the election of councillors is held under the Local Government Act 1972 (c. 70), or
> (b) an election for the return of an elected mayor (within the meaning of section 39(1) of the Local Government Act 2000 (c. 22)) of a local authority in Wales.
- (3) In section 25 (exceptions from prohibition on disclosure)—
- (a) in subsection (3), for “32ZA(5) and (5A)” substitute “32ZBD(9) and (9A)”;
- (a) in subsection (3), for “32ZA(5) and (5A)” substitute “ 32ZBD(9) and (9A) ”;
- (b) in subsection (5)—
- (i) in paragraph (b), after “Senedd” insert “, a member of a local authority in Wales, an elected mayor of a local authority in Wales or candidates at local government elections”;
- (ii) in paragraph (c), after “elections” insert “or local government elections”;
- (i) in paragraph (b), after “Senedd” insert “ , a member of a local authority in Wales, an elected mayor of a local authority in Wales or candidates at local government elections ”;
- (ii) in paragraph (c), after “elections” insert “ or local government elections ”;
- (iii) for paragraph (e) substitute—
@@ -5527,13 +5530,13 @@
- (4) In section 26 (further provision for exceptions)—
- (a) in subsection (1), after “Senedd” insert “, local government elections or local referendums”;
- (a) in subsection (1), after “Senedd” insert “ , local government elections or local referendums ”;
- (b) after subsection (4), insert—
> (5) In this section, “local referendum” means a referendum held under—
> (a) section 27 of the [Local Government Act 2000 (c. 22)](https://www.legislation.gov.uk/ukpga/2000/22) or by virtue of regulations or an order made under Part 2 of that Act, or
> (b) section 40 of the [Local Government (Wales) Measure 2011 (nawm 2)](https://www.legislation.gov.uk/mwa/2011/2).
> (5) In this section, “*local referendum*” means a referendum held under—
> (a) section 27 of the Local Government Act 2000 (c. 22) or by virtue of regulations or an order made under Part 2 of that Act, or
> (b) section 40 of the Local Government (Wales) Measure 2011 (nawm 2).
## PART 2 — Subordinate legislation
@@ -5543,21 +5546,21 @@
- (1) The Representation of the People (England and Wales) Regulations 2001 are amended as follows.
- (2) In regulation 32(1) after “(aza),” insert “(azaa),”.
- (2) In regulation 32(1) after “(aza),” insert “ (azaa), ”.
- (3) In regulation 42—
- (a) in paragraph (1), after “(3),” insert “(3A),”;
- (a) in paragraph (1), after “(3),” insert “ (3A), ”;
- (b) after paragraph (3), insert—
> (3A) To indicate that a qualifying foreign citizen is registered only in the register of local government electors in Wales, the letter “M” shall be placed against the person’s entry.
> (3A) To indicate that a qualifying foreign citizen is registered only in the register of local government electors in Wales, the letter “M” shall be placed against the person's entry.
- (4) In regulation 65(b)—
- (a) omit “or (3AB)”;
- (b) after “section 36” insert “or subsection (1) of section 36B”.
- (b) after “section 36” insert “ or subsection (1) of section 36B ”.
#### Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294)
@@ -5569,11 +5572,11 @@
- (a) omit “(3AB) or”;
- (b) after ”(3AC)” insert “, or section 36B(1)”.
- (b) after ”(3AC)” insert “ , or section 36B(1) ”.
- (3) In regulation 5(1)—
- (a) in paragraph (c), after “election” insert “in England,”;
- (a) in paragraph (c), after “election” insert “ in England, ”;
- (b) after paragraph (c) insert—
@@ -5585,27 +5588,27 @@
- (a) in paragraph (1)(c)—
- (i) after “section 36” insert “of the 1983 Act”;
- (i) after “section 36” insert “ of the 1983 Act ”;
- (ii) omit “and Wales”;
- (iii) before “of the 1983 ” insert “and subsections (1) to (3) of section 36C”;
- (iv) after “Act” insert “(local elections in Wales)”;
- (b) in paragraph (2) after “section 36(6)” insert “and section 36C(3)”;
- (iii) before “of the 1983 ” insert “ and subsections (1) to (3) of section 36C ”;
- (iv) after “Act” insert “ (local elections in Wales) ”;
- (b) in paragraph (2) after “section 36(6)” insert “ and section 36C(3) ”;
- (c) in paragraph (4)—
- (i) omit “, (3AB)”;
- (ii) after “(3AC)” insert “or section 36B(1)”.
- (ii) after “(3AC)” insert “ or section 36B(1) ”.
#### Business Improvement Districts (Wales) Regulations 2005 (S.I. 2005/1312)
##### 18
In regulation 6(1) of the Business Improvement Districts (Wales) Regulations 2005 (ballot holder), for the words from “whom” to the end substitute “who, by virtue of section 35(1A) of the Representation of the People Act 1983, is the returning officer for elections to the relevant billing authority”.
In regulation 6(1) of the Business Improvement Districts (Wales) Regulations 2005 (ballot holder), for the words from “whom” to the end substitute “ who, by virtue of section 35(1A) of the Representation of the People Act 1983, is the returning officer for elections to the relevant billing authority ”.
#### Local Elections (Principal Areas) (England and Wales) Rules 2006 (S.I. 2006/3304)
@@ -5624,7 +5627,7 @@
- (b) in paragraph (5)(a)—
- (i) at the beginning insert “in the case of an election of councillors of a principal area in England,”;
- (i) at the beginning insert “ in the case of an election of councillors of a principal area in England, ”;
- (ii) omit “and”;
@@ -5649,7 +5652,7 @@
- (b) in paragraph (6)(a)—
- (i) at the beginning insert “In relation to an election of councillors of a principal area in England,”;
- (i) at the beginning insert “ In relation to an election of councillors of a principal area in England, ”;
- (ii) at the end omit “and”;
@@ -5679,63 +5682,63 @@
- (a) in subsection (1)—
- (i) for “local authority in Wales are” substitute “community council is”;
- (ii) for “they consider” substitute “it considers”;
- (iii) in paragraphs (a) to (c) for “their” in each place it occurs substitute “its”;
- (b) in subsection (2), in paragraphs (a) and (b) for “local authority’s” in each place it occurs substitute “community council’s”;
- (i) for “local authority in Wales are” substitute “ community council is ”;
- (ii) for “they consider” substitute “ it considers ”;
- (iii) in paragraphs (a) to (c) for “their” in each place it occurs substitute “ its ”;
- (b) in subsection (2), in paragraphs (a) and (b) for “local authority's” in each place it occurs substitute “community council's”;
- (c) for subsections (3B) and (3C) substitute—
> (3B) In determining whether or how to exercise the power under subsection (1), a community council must have regard to the local well-being plan published under Part 4 of the [Well-being of Future Generations (Wales) Act 2015 (anaw 2)](https://www.legislation.gov.uk/anaw/2015/2) by the public services board that includes as a member the county council or county borough council in whose area lies the community or communities for which the community council is established.
> (3B) In determining whether or how to exercise the power under subsection (1), a community council must have regard to the local well-being plan published under Part 4 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by the public services board that includes as a member the county council or county borough council in whose area lies the community or communities for which the community council is established.
;
- (d) in subsection (4), for “local authority” substitute “community council”;
- (d) in subsection (4), for “local authority” substitute “ community council ”;
- (e) in subsection (5)—
- (i) for “local authority” substitute “community council”;
- (ii) for “their area if they consider” substitute “its area if it considers”;
- (f) in the heading of section 2, at the end insert “by community councils”.
- (i) for “local authority” substitute “ community council ”;
- (ii) for “their area if they consider” substitute “ its area if it considers ”;
- (f) in the heading of section 2, at the end insert “ by community councils ”.
- (3) In section 3 (limits on power to promote well-being)—
- (a) in subsection (1)—
- (i) for “local authority” substitute “community council”;
- (ii) for “they are” substitute “it is”;
- (iii) for “their” substitute “its”;
- (b) in subsection (2), for “local authority” substitute “community council”;
- (c) in subsection (3), for “local authorities” substitute “community councils”;
- (i) for “local authority” substitute “ community council ”;
- (ii) for “they are” substitute “ it is ”;
- (iii) for “their” substitute “ its ”;
- (b) in subsection (2), for “local authority” substitute “ community council ”;
- (c) in subsection (3), for “local authorities” substitute “ community councils ”;
- (d) in subsection (3A)—
- (i) in paragraphs (a) and (b), for “local authorities” in each place it occurs substitute “community councils”;
- (ii) in paragraph (c), for “local authority” substitute “community council”;
- (e) in subsection (4), for “he considers” substitute “they consider”;
- (f) in subsection (4A), in paragraphs (a) and (b) for “authority or to authorities” in each place it occurs substitute “community council or to community councils”;
- (g) in subsection (5), for “local authority” substitute “community council”;
- (h) in subsection (6), for “he considers” substitute “they consider”.
- (i) in paragraphs (a) and (b), for “local authorities” in each place it occurs substitute “ community councils ”;
- (ii) in paragraph (c), for “local authority” substitute “ community council ”;
- (e) in subsection (4), for “he considers” substitute “ they consider ”;
- (f) in subsection (4A), in paragraphs (a) and (b) for “authority or to authorities” in each place it occurs substitute “ community council or to community councils ”;
- (g) in subsection (5), for “local authority” substitute “ community council ”;
- (h) in subsection (6), for “he considers” substitute “ they consider ”.
- (4) Omit section 5 (power to amend or repeal enactments).
- (5) In section 7 (power to modify enactments concerning plans etc.), in subsection (1) for “subsections (4) and (6)” substitute “subsection (4)”.
- (6) In the cross-heading preceding section 9, for the words after “under” substitute “this Part”.
- (5) In section 7 (power to modify enactments concerning plans etc.), in subsection (1) for “subsections (4) and (6)” substitute “ subsection (4) ”.
- (6) In the cross-heading preceding section 9, for the words after “under” substitute “ this Part ”.
- (7) In section 9A (procedure for orders under sections 5 and 7)—
@@ -5757,7 +5760,7 @@
In the Local Government Act 2003, in section 116 (local polls)—
- (a) in paragraph (a)(ii), for “services, or” substitute “services.”;
- (a) in paragraph (a)(ii), for “services, or” substitute “ services. ”;
- (b) omit paragraph (b).
@@ -5803,13 +5806,13 @@
##### 9
In the 1972 Act, in section 137(9) (power of local authorities to incur expenditure for certain purposes not otherwise authorised), in paragraph (b) after “community council” insert “which is not an eligible community council for the purposes of Part 2 of the Local Government and Elections (Wales) Act 2021 (general power of competence)”.
In the 1972 Act, in section 137(9) (power of local authorities to incur expenditure for certain purposes not otherwise authorised), in paragraph (b) after “community council” insert “ which is not an eligible community council for the purposes of Part 2 of the Local Government and Elections (Wales) Act 2021 (general power of competence) ”.
#### Local Government Act 2000 (c. 22)
##### 10
In the 2000 Act, omit sections 2 and 3 (community councils’ power to promote well-being).
In the 2000 Act, omit sections 2 and 3 (community councils' power to promote well-being).
#### Nationality, Immigration and Asylum Act 2002 (c. 41)
@@ -5873,7 +5876,7 @@
- (a) in subsection (6)—
- (i) in paragraph (a), at the beginning insert “in relation to a principal council in England,”;
- (i) in paragraph (a), at the beginning insert “ in relation to a principal council in England, ”;
- (ii) after paragraph (a) insert—
@@ -5894,19 +5897,19 @@
##### 2
In section 100K of the 1972 Act (interpretation and application of Part 5A), in subsection (3) after “sections 100A(6)(a)” insert “and (aa)”.
In section 100K of the 1972 Act (interpretation and application of Part 5A), in subsection (3) after “sections 100A(6)(a)” insert “ and (aa) ”.
##### 3
In paragraph 4 of Schedule 12 to the 1972 Act (notices of meetings of principal councils)—
- (a) in sub-paragraph (2), after “in Wales” insert “or, if the meeting is convened at shorter notice, then at the time it is convened”;
- (a) in sub-paragraph (2), after “in Wales” insert “ or, if the meeting is convened at shorter notice, then at the time it is convened ”;
- (b) in sub-paragraph (2)(a)—
- (i) for “of the time and place of the intended meeting shall be published at the council’s offices” substitute “of the intended meeting containing the information required by sub-paragraph (2A) must be published electronically”, and
- (ii) for “be signed by” substitute “set out the names of”;
- (i) for “of the time and place of the intended meeting shall be published at the council's offices” substitute “ of the intended meeting containing the information required by sub-paragraph (2A) must be published electronically ”, and
- (ii) for “be signed by” substitute “ set out the names of ”;
- (c) after sub-paragraph (2) insert—
@@ -5921,13 +5924,13 @@
In paragraph 26 of Schedule 12 to the 1972 Act (notices of meetings of community councils)—
- (a) in sub-paragraph (2), after “community council” insert “or, if the meeting is convened at shorter notice, then at the time it is convened”;
- (a) in sub-paragraph (2), after “community council” insert “ or, if the meeting is convened at shorter notice, then at the time it is convened ”;
- (b) in sub-paragraph (2)(a)—
- (i) for “of the time and place of the intended meeting” substitute “of the meeting containing the information required by sub-paragraph (2ZA)”, and
- (ii) for “be signed by” substitute “set out the names of”;
- (i) for “of the time and place of the intended meeting” substitute “ of the meeting containing the information required by sub-paragraph (2ZA) ”, and
- (ii) for “be signed by” substitute “ set out the names of ”;
- (c) after sub-paragraph (2) insert—
@@ -5940,9 +5943,9 @@
##### 5
In section 1 of the [Public Bodies (Admission to Meetings) Act 1960 (c. 67)](https://www.legislation.gov.uk/ukpga/1960/67) (admission of public to meetings)—
- (a) in subsection (4)(a), at the end insert “(but see subsections (4ZA) to (4ZC) for further provision in relation to notices of meetings of certain bodies in Wales)”;
In section 1 of the Public Bodies (Admission to Meetings) Act 1960 (c. 67) (admission of public to meetings)—
- (a) in subsection (4)(a), at the end insert “ (but see subsections (4ZA) to (4ZC) for further provision in relation to notices of meetings of certain bodies in Wales) ”;
- (b) after subsection (4), insert—
@@ -5961,9 +5964,9 @@
- (1) Section 100B of the 1972 Act (access to agenda and connected reports) is amended as follows.
- (2) In subsections (1), (4), (6) and (7)(a) after “principal council” insert “in England”.
- (3) In the heading, after “reports” insert “: principal councils in England”.
- (2) In subsections (1), (4), (6) and (7)(a) after “principal council” insert “ in England ”.
- (3) In the heading, after “reports” insert “ : principal councils in England ”.
##### 7
@@ -5973,7 +5976,7 @@
> (1) Copies of the agenda for a meeting of a principal council in Wales and copies of any report for the meeting must be published—
> (a) electronically, and
> (b) in accordance with subsections (3) to (5).
> (2) If the proper officer thinks fit, there may be excluded from the copies of reports published under subsection (1) the whole of a report which, or any part which, relates only to items during which, in the officer’s opinion, the meeting is likely not to be open to the public.
> (2) If the proper officer thinks fit, there may be excluded from the copies of reports published under subsection (1) the whole of a report which, or any part which, relates only to items during which, in the officer's opinion, the meeting is likely not to be open to the public.
> (3) A document required to be published under subsection (1) must be published at least three clear days before the meeting, or, if the meeting is convened at shorter notice, then at the time it is convened.
> (4) If an item is added to an agenda, copies of which have been published, copies of the item or revised agenda and copies of any report for the meeting relating to the item must be published at the time the item is added to the agenda.
> (5) Nothing in subsections (3) and (4) requires a document or copies of an agenda, item or report to be published until the document or copies are available to members of the council.
@@ -5997,7 +6000,7 @@
- (1) Section 100C of the 1972 Act (inspection of minutes and other documents after meetings) is amended as follows.
- (2) In subsection (1), after “principal council” insert “in England”.
- (2) In subsection (1), after “principal council” insert “ in England ”.
- (3) After subsection (1) insert—
@@ -6014,9 +6017,9 @@
> (b) any declarations of interest;
> (c) any decision taken at the meeting, including the outcomes of any votes, but excluding anything relating to a decision taken when the meeting was not open to the public as discloses exempt information.
- (4) In subsection (2), after “subsection (1)(a) above” insert “, or the document published under subsections (1A) and (1B)(a),”.
- (5) In the heading after “Inspection” insert “and publication”.
- (4) In subsection (2), after “subsection (1)(a) above” insert “ , or the document published under subsections (1A) and (1B)(a), ”.
- (5) In the heading after “Inspection” insert “ and publication ”.
##### 9
@@ -6024,18 +6027,18 @@
- (2) In subsection (1)—
- (a) after “members of the public” insert “, or are required by section 100BA(1) or 100C(1A) to be published electronically”;
- (a) after “members of the public” insert “ , or are required by section 100BA(1) or 100C(1A) to be published electronically ”;
- (b) omit the “and” after paragraph (a);
- (c) in paragraph (b) at the beginning insert “in relation to a principal council in England,”;
- (c) in paragraph (b) at the beginning insert “ in relation to a principal council in England, ”;
- (d) after paragraph (b) insert
> , and
> (c) in relation to a principal council in Wales, each of the documents included in that list must be published electronically, but if in the opinion of the proper officer it is not reasonably practicable to publish a document included in the list electronically at least one copy of the document must be open to inspection at the offices of the council.
- (3) In subsection (2) at the beginning insert “In relation to a principal council in England,”.
- (3) In subsection (2) at the beginning insert “ In relation to a principal council in England, ”.
- (4) After subsection (2) insert—
@@ -6043,15 +6046,15 @@
> (a) where they are published under subsection (1)(c), remain accessible electronically to members of the public until the expiration of the period of six years beginning with the date of the meeting, and
> (b) where they are open to inspection under subsection (1)(c), be open to inspection by members of the public at the offices of the council until the expiration of that period.
- (5) In subsection (4)(b) after “the public” insert “or published electronically”.
- (6) In the heading after “Inspection” insert “and publication”.
- (5) In subsection (4)(b) after “the public” insert “ or published electronically ”.
- (6) In the heading after “Inspection” insert “ and publication ”.
##### 10
- (1) Section 100H of the 1972 Act (supplemental provision about access to meetings and documents) is amended as follows.
- (2) In subsection (2), at the beginning insert “In relation to a principal council in England,”.
- (2) In subsection (2), at the beginning insert “ In relation to a principal council in England, ”.
- (3) After subsection (2) insert—
@@ -6062,9 +6065,9 @@
- (4) In subsection (3)—
- (a) for “Subsection (2) above does” substitute “Subsections (2), (2A) and (6A) do”;
- (b) for “that subsection” substitute “those subsections”.
- (a) for “Subsection (2) above does” substitute “ Subsections (2), (2A) and (6A) do ”;
- (b) for “that subsection” substitute “ those subsections ”.
- (5) After subsection (3) insert—
@@ -6080,13 +6083,13 @@
;
- (c) in paragraph (b), after “100B(7)” insert “or 100BA(9)”.
- (c) in paragraph (b), after “100B(7)” insert “ or 100BA(9) ”.
- (7) In subsection (6)—
- (a) in paragraph (b), after “100B(7)(b)” insert “or 100BA(9)(b)”;
- (b) in paragraph (c), after “100B(7)(c)” insert “or 100BA(9)(c)”;
- (a) in paragraph (b), after “100B(7)(b)” insert “ or 100BA(9)(b) ”;
- (b) in paragraph (c), after “100B(7)(c)” insert “ or 100BA(9)(c) ”;
- (c) after paragraph (e), insert—
@@ -6134,7 +6137,7 @@
;
- (c) in paragraph (c), after “100D(1)” insert “and (2A)(b)”.
- (c) in paragraph (c), after “100D(1)” insert “ and (2A)(b) ”.
#### Application and interpretation
@@ -6192,7 +6195,7 @@
##### 18
In Schedule 7 to the [Environment Act 1995 (c. 25)](https://www.legislation.gov.uk/ukpga/1995/25) (National Park authorities), in paragraph 17(2)(d) (application of provisions of the 1972 Act about service and authentication of documents to National Park authorities) for “to 234” substitute “, 232 (other than subsection (1)(c)), 233 and 234”.
In Schedule 7 to the Environment Act 1995 (c. 25) (National Park authorities), in paragraph 17(2)(d) (application of provisions of the 1972 Act about service and authentication of documents to National Park authorities) for “to 234” substitute “ , 232 (other than subsection (1)(c)), 233 and 234 ”.
#### Electronic service of summonses on members to attend local authority meetings
@@ -6202,25 +6205,25 @@
- (2) In paragraph 4(2)(b) (summonses to meetings of principal councils)—
- (a) for “signed” substitute “authenticated”;
- (b) for the words from “shall” to the end of that paragraph substitute “must, subject to sub-paragraph (3), be sent to every member of the council electronically; and each member must specify an electronic address for that purpose.”
- (a) for “signed” substitute “ authenticated ”;
- (b) for the words from “shall” to the end of that paragraph substitute “ must, subject to sub-paragraph (3), be sent to every member of the council electronically; and each member must specify an electronic address for that purpose. ”
- (3) After paragraph 4(2B) (inserted by paragraph 3(c) of this Schedule), insert—
> (2C) In sub-paragraph (2)(b) “authenticated” means signed or otherwise authenticated in such manner as the proper officer considers appropriate.
- (4) In paragraph 4(3) for the words from “some address” to the end of that sub-paragraph substitute “an address specified in the notice rather than electronically, such summonses must be sent to that member by being left at, or sent by post to, that address.”
> (2C) In sub-paragraph (2)(b) “*authenticated*” means signed or otherwise authenticated in such manner as the proper officer considers appropriate.
- (4) In paragraph 4(3) for the words from “some address” to the end of that sub-paragraph substitute “ an address specified in the notice rather than electronically, such summonses must be sent to that member by being left at, or sent by post to, that address. ”
- (5) In paragraph 26(2)(b) (summonses to meetings of community councils)—
- (a) for “signed” substitute “authenticated”;
- (b) for the words from “shall” to the end of that paragraph, substitute “must, subject to sub-paragraph (2C), be sent to every member of the council electronically; and each member must specify an electronic address for that purpose.”
- (a) for “signed” substitute “ authenticated ”;
- (b) for the words from “shall” to the end of that paragraph, substitute “ must, subject to sub-paragraph (2C), be sent to every member of the council electronically; and each member must specify an electronic address for that purpose. ”
- (6) After paragraph 26(2A), insert—
> (2B) In sub-paragraph (2)(b) “authenticated” means signed or otherwise authenticated in such manner as the proper officer considers appropriate.
> (2B) In sub-paragraph (2)(b) “*authenticated*” means signed or otherwise authenticated in such manner as the proper officer considers appropriate.
> (2C) If a member of a community council gives notice in writing to the proper officer of the council that summonses to attend meetings of the council should be sent to the member at an address specified in the notice rather than electronically, such summonses must be sent to that member by being left at, or sent by post to, that address.
#### Venue for community council meetings
@@ -6229,9 +6232,9 @@
- (1) In paragraph 26 of Schedule 12 to the 1972 Act, for sub-paragraph (1) substitute—
> (1) Meetings of the community council and its committees and sub-committees are to be held at such place, either within or outside the council’s area, as the council may direct.
- (2) In consequence of sub-paragraph (1), in Schedule 6 to the [Licensing Act 2003 (c. 17)](https://www.legislation.gov.uk/ukpga/2003/17) (minor and consequential amendments) omit paragraph 61(2)(b).
> (1) Meetings of the community council and its committees and sub-committees are to be held at such place, either within or outside the council's area, as the council may direct.
- (2) In consequence of sub-paragraph (1), in Schedule 6 to the Licensing Act 2003 (c. 17) (minor and consequential amendments) omit paragraph 61(2)(b).
#### Notices of community council committee and sub-committee meetings to be published
@@ -6240,13 +6243,13 @@
In paragraph 26 of Schedule 12 to the 1972 Act, after sub-paragraph (2C) (inserted by paragraph 19(6) of this Schedule) insert—
> (2D) At least three clear days before a meeting of a committee or sub-committee of a community council, notice of the time and place of the intended meeting must be published electronically and fixed in a conspicuous place in the community.
> (2E) If the chairman of a committee or sub-committee of a community council considers that a meeting of the committee or sub-committee should take place urgently, sub-paragraph (2D) has effect as if for the words “three clear days” there were substituted “twenty four hours”.
> (2E) If the chairman of a committee or sub-committee of a community council considers that a meeting of the committee or sub-committee should take place urgently, sub-paragraph (2D) has effect as if for the words “three clear days” there were substituted “ twenty four hours ”.
#### Saving provision
##### 22
Sections 100A to 100D and 100H of the 1972 Act apply to community health councils and community health committees in accordance with section 1 of the [Community Health Councils (Access to Information) Act 1988 (c. 24)](https://www.legislation.gov.uk/ukpga/1988/24) (access to meetings and documents of community health councils) as if the amendments made by paragraphs 1, 2 and 6 to 10 of this Schedule had not been made.
Sections 100A to 100D and 100H of the 1972 Act apply to community health councils and community health committees in accordance with section 1 of the Community Health Councils (Access to Information) Act 1988 (c. 24) (access to meetings and documents of community health councils) as if the amendments made by paragraphs 1, 2 and 6 to 10 of this Schedule had not been made.
## PART 2 — Attendance at local authority meetings: consequential amendments
@@ -6262,7 +6265,7 @@
- (3) In the 2013 Act, omit section 59 (remote attendance at meetings of principal councils).
- (4) In the [Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 (S.I. 2007/399)](https://www.legislation.gov.uk/uksi/2007/399), in Schedule 1 (functions not to be the responsibility of an executive), in the table in Part I (miscellaneous functions), after paragraph 18 insert—
- (4) In the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 (S.I. 2007/399), in Schedule 1 (functions not to be the responsibility of an executive), in the table in Part I (miscellaneous functions), after paragraph 18 insert—
| 19 Duty to make arrangements for holding meetings of a principal council or its executive | Section 47(1) of the Local Government and Elections (Wales) Act 2021 |
| --- | --- |
@@ -6273,7 +6276,7 @@
##### 1
In section 112(2A) of the 1972 Act (determination by councils of terms and conditions of certain senior staff), for “heads of paid service” substitute “chief executives”.
In section 112(2A) of the 1972 Act (determination by councils of terms and conditions of certain senior staff), for “heads of paid service” substitute “ chief executives ”.
#### Local Government Finance Act 1988 (c. 41)
@@ -6285,17 +6288,24 @@
In section 114(3A) (consultation by chief finance officer in preparing reports)—
- (a) in paragraph (a), after “Local Government and Housing Act 1989” insert “or, in the case of a Welsh county council or county borough council, the person who is for the time being appointed as the authority’s chief executive under section 54 of the Local Government and Elections (Wales) Act 2021”;
- (b) in paragraph (b), for “that Act” substitute “the Local Government and Housing Act 1989”.
- (a) for paragraph (a) substitute—
> (a) with—
> (i) in the case of a Welsh county council or county borough council, the person who is for the time being appointed as the authority’s chief executive under section 54 of the Local Government and Elections (Wales) Act 2021;
> (ii) in the case of a corporate joint committee, the person who is for the time being appointed as the authority’s chief executive;
> (iii) in any other case, the person who is for the time being designated as the head of the authority’s paid service under section 4 of the Local Government and Housing Act 1989;
.
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 4
In section 114A(3) (consultation by chief finance officer in preparing reports where council operates executive arrangements)—
- (a) in paragraph (a), after “Local Government and Housing Act 1989” insert “or, in the case of a Welsh county council or county borough council, the person who is for the time being appointed as the authority’s chief executive under section 54 of the Local Government and Elections (Wales) Act 2021”;
- (b) in paragraph (b), for “that Act” substitute “the Local Government and Housing Act 1989”.
- (a) in paragraph (a), after “Local Government and Housing Act 1989” insert “ or, in the case of a Welsh county council or county borough council, the person who is for the time being appointed as the authority's chief executive under section 54 of the Local Government and Elections (Wales) Act 2021 ”;
- (b) in paragraph (b), for “that Act” substitute “ the Local Government and Housing Act 1989 ”.
#### Local Government and Housing Act 1989 (c. 42)
@@ -6319,7 +6329,7 @@
;
- (b) in subsection (7)(a) and (b), after “head of the authority’s paid service” in both places it occurs, insert “or (in the case of a council for a county or county borough in Wales) the authority’s chief executive”.
- (b) in subsection (7)(a) and (b), after “head of the authority's paid service” in both places it occurs, insert “ or (in the case of a council for a county or county borough in Wales) the authority's chief executive ”.
##### 8
@@ -6345,21 +6355,26 @@
- (b) after subsection (1B) insert—
> (1BA) The officer designated under subsection (1)(a) above by a relevant authority which is the council of a county or county borough in Wales may not be the authority’s chief executive.
> (1BA) The officer designated under subsection (1)(a) above by a relevant authority which is the council of a county or county borough in Wales may not be the authority's chief executive.
;
- (c) in subsection (3)(a), after “chief finance officer” insert “or, in the case of a council of a county or county borough in Wales, with the person who is for the time being the authority’s chief executive and with their chief finance officer”.
- (c) for subsection (3)(a) substitute—
> (a) in preparing a report under this section to consult so far as practicable with—
> (i) in the case of a relevant authority which is the council of a county or county borough in Wales, the person who is for the time being the authority’s chief executive and with their chief finance officer;
> (ii) in the case of a relevant authority which is a corporate joint committee, the person who is for the time being appointed as the authority’s chief executive and with their chief finance officer;
> (iii) in the case of any other relevant authority, the person who is for the time being designated as the head of the authority’s paid service under section 4 above and with their chief finance officer;
##### 10
In section 5A(5) (consultation by monitoring officer on reports where council operates executive arrangements), in paragraph (a) after “chief finance officer” insert “or, in the case of a council of a county or county borough in Wales, with the person who is for the time being the authority’s chief executive and with their chief finance officer”.
In section 5A(5) (consultation by monitoring officer on reports where council operates executive arrangements), in paragraph (a) after “chief finance officer” insert “ or, in the case of a council of a county or county borough in Wales, with the person who is for the time being the authority's chief executive and with their chief finance officer ”.
##### 11
In section 21 (interpretation of Part 1), in subsection (3) before the definition of “contravention” insert—
> - “chief executive” means the person appointed under section 54 of the Local Government and Elections (Wales) Act 2021 as the chief executive of a council of a county or county borough in Wales;
> “*chief executive*” means the person appointed under section 54 of the Local Government and Elections (Wales) Act 2021 as the chief executive of a council of a county or county borough in Wales;
.
@@ -6373,25 +6388,25 @@
In section 8(4) (officers who may not be designated head of democratic services), for paragraph (a) substitute—
> (a) the authority’s chief executive appointed under section 54 of the Local Government and Elections (Wales) Act 2021;
> (a) the authority's chief executive appointed under section 54 of the Local Government and Elections (Wales) Act 2021;
.
##### 14
In section 9(4) (functions of head of democratic services), for the words from “head of paid service” to the end substitute “chief executive in section 54(2) of the Local Government and Elections (Wales) Act 2021”.
In section 9(4) (functions of head of democratic services), for the words from “head of paid service” to the end substitute “ chief executive in section 54(2) of the Local Government and Elections (Wales) Act 2021 ”.
##### 15
In section 143A (functions of the Independent Remuneration Panel for Wales in respect of remuneration of chief executives)—
- (a) in subsection (1)(a) and (b), for “head of paid service” substitute “chief executive”;
- (b) in subsection (3), for “head of paid service” substitute “chief executive”;
- (c) in subsection (3B), for “head of paid service” substitute “chief executive”;
- (d) in subsection (5A)(a), for “head of paid service” substitute “chief executive”;
- (a) in subsection (1)(a) and (b), for “head of paid service” substitute “ chief executive ”;
- (b) in subsection (3), for “head of paid service” substitute “ chief executive ”;
- (c) in subsection (3B), for “head of paid service” substitute “ chief executive ”;
- (d) in subsection (5A)(a), for “head of paid service” substitute “ chief executive ”;
- (e) in subsection (7)—
@@ -6399,11 +6414,11 @@
- (ii) before the definition of “pay policy statement” insert—
> - “chief executive” (“*prif weithredwr*”) means a chief executive appointed under section 54 of the Local Government and Elections (Wales) Act 2021;
> “*chief executive*” (“**prif weithredwr**”) means a chief executive appointed under section 54 of the Local Government and Elections (Wales) Act 2021;
;
- (f) for the heading substitute “Functions relating to remuneration of chief executives”.
- (f) for the heading substitute “ Functions relating to remuneration of chief executives ”.
#### Police Reform and Social Responsibility Act 2011 (c. 13)
@@ -6423,11 +6438,11 @@
- (i) before the definition of “local authority” insert—
> - “chief executive” means the person appointed by a county council or county borough council in Wales under section 54 of the Local Government and Elections (Wales) Act 2021;
> “*chief executive*” means the person appointed by a county council or county borough council in Wales under section 54 of the Local Government and Elections (Wales) Act 2021;
;
- (ii) in the definition of “head of paid service”, after “a council” insert “in England”.
- (ii) in the definition of “head of paid service”, after “a council” insert “ in England ”.
#### Localism Act 2011 (c. 20)
@@ -6437,11 +6452,13 @@
- (a) after paragraph (a) insert—
> (aa) its chief executive appointed under section 54 of the Local Government and Elections (Wales) Act 2021 (chief executive of council in Wales);
> (aa) its chief executive appointed under—
> (i) section 54 of the Local Government and Elections (Wales) Act 2021 (chief executive of council in Wales), or
> (ii) regulations made under Part 5 of that Act (chief executive of a corporate joint committee).
;
- (b) in paragraph (b), for “that Act” substitute “the Local Government and Housing Act 1989”.
- (b) in paragraph (b), for “that Act” substitute “ the Local Government and Housing Act 1989 ”.
#### Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)
@@ -6449,15 +6466,15 @@
In section 77 of the Anti-social Behaviour, Crime and Policing Act 2014 (duration of notices prohibiting access to certain premises), for subsection (6) substitute—
> (6) In this section “chief executive officer” means—
> (a) in relation to a local authority in England, the authority’s head of paid service designated under section 4 of the Local Government and Housing Act 1989;
> (b) in relation to a local authority in Wales, the authority’s chief executive appointed under section 54 of the Local Government and Elections (Wales) Act 2021.
> (6) In this section “*chief executive officer*” means—
> (a) in relation to a local authority in England, the authority's head of paid service designated under section 4 of the Local Government and Housing Act 1989;
> (b) in relation to a local authority in Wales, the authority's chief executive appointed under section 54 of the Local Government and Elections (Wales) Act 2021.
#### Well-being of Future Generations (Wales) Act 2015 (anaw 2)
##### 19
In the second column of the table in paragraph 7 of Schedule 3 to the Well-being of Future Generations (Wales) Act 2015 (representatives of council at meetings of public services boards), for “head of the authority’s paid service designated under section 4 of the [Local Government and Housing Act 1989 (c. 42)](https://www.legislation.gov.uk/ukpga/1989/42)” substitute “authority’s chief executive appointed under section 54 of the Local Government and Elections (Wales) Act 2021”.
In the second column of the table in paragraph 7 of Schedule 3 to the Well-being of Future Generations (Wales) Act 2015 (representatives of council at meetings of public services boards), for “head of the authority's paid service designated under section 4 of the Local Government and Housing Act 1989 (c. 42)” substitute “ authority's chief executive appointed under section 54 of the Local Government and Elections (Wales) Act 2021 ”.
#### This Act
@@ -6473,21 +6490,19 @@
- (1) The 1972 Act is amended as follows.
- (2) In each of sections 22(1A), 24(1A), 24A(5) and 24B(3) (chair, vice-chair, presiding member and deputy presiding member), after “principal council” insert “, or an assistant to the executive,”.
- (2) In each of sections 22(1A), 24(1A), 24A(5) and 24B(3) (chair, vice-chair, presiding member and deputy presiding member), after “principal council” insert “ , or an assistant to the executive, ”.
- (3) In section 270(1) (interpretation), after the definition of “appropriate Minister” insert—
> - “assistant to the executive”, in relation to a principal council in Wales, has the same meaning as in Schedule 1 to the Local Government Act 2000 (see paragraph 3A of that Schedule);
> “*assistant to the executive*”, in relation to a principal council in Wales, has the same meaning as in Schedule 1 to the Local Government Act 2000 (see paragraph 3A of that Schedule);
.
- (4) In Schedule 12, in paragraph 5(4) (presiding over meetings), after “principal council” insert “, or an assistant to the executive,”.
- (4) In Schedule 12, in paragraph 5(4) (presiding over meetings), after “principal council” insert “ , or an assistant to the executive, ”.
##### 2
- (1) Until paragraph 1(3) of Schedule 2 to this Act comes into force, section 80(1)(a) of the 1972 Act is to be read as if after “member of the executive” there were inserted “or assistant to the executive”.
- (2) Until paragraph 1(7) of Schedule 2 to this Act comes into force, section 116 of the 1972 Act is to be read as if after “member of the executive” there were inserted “or assistant to the executive”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Pilotage Act 1987 (c. 21)
@@ -6495,11 +6510,11 @@
In section 3 of the Pilotage Act 1987 (authorisation of pilots)—
- (a) in subsection (9A)(a), after “local authority” insert “, or an assistant to the executive,”;
- (a) in subsection (9A)(a), after “local authority” insert “ , or an assistant to the executive, ”;
- (b) in subsection (10), after the opening words insert—
> - “assistant to the executive” has the same meaning as in Schedule 1 to the Local Government Act 2000 (see paragraph 3A of that Schedule);
> “*assistant to the executive*” has the same meaning as in Schedule 1 to the Local Government Act 2000 (see paragraph 3A of that Schedule);
.
@@ -6507,13 +6522,13 @@
##### 4
In section 106(2A) of the Local Government Finance Act 1992 (council tax etc.: restrictions on voting), after “to whom this section applies” insert “, and no assistant to the executive (within the meaning of paragraph 3A of Schedule 1 to the Local Government Act 2000) to whom this section applies,”.
In section 106(2A) of the Local Government Finance Act 1992 (council tax etc.: restrictions on voting), after “to whom this section applies” insert “ , and no assistant to the executive (within the meaning of paragraph 3A of Schedule 1 to the Local Government Act 2000) to whom this section applies, ”.
#### Local Government Act 2000 (c. 22)
##### 5
In section 21(9) of the 2000 Act (overview and scrutiny committee not to include members of executive), after “executive” insert “or any assistant to the executive (within the meaning of paragraph 3A of Schedule 1)”.
In section 21(9) of the 2000 Act (overview and scrutiny committee not to include members of executive), after “executive” insert “ or any assistant to the executive (within the meaning of paragraph 3A of Schedule 1) ”.
#### Local Government (Wales) Measure 2011 (nawm 4)
@@ -6521,17 +6536,17 @@
- (1) The 2011 Measure is amended as follows.
- (2) In section 12(2)(b) (membership of democratic services committee), after “authority’s executive” insert “or an assistant to its executive”.
- (3) In section 14(2) (chair of democratic services committee), after “authority’s executive” insert “or an assistant to its executive”.
- (2) In section 12(2)(b) (membership of democratic services committee), after “authority's executive” insert “ or an assistant to its executive ”.
- (3) In section 14(2) (chair of democratic services committee), after “authority's executive” insert “ or an assistant to its executive ”.
- (4) In section 82 (membership of governance and audit committee)—
- (a) in subsection (2)(c) after “authority’s executive” insert “or an assistant to its executive”;
- (b) in subsection (3) after “authority’s executive” insert “or an assistant to its executive.
- (5) In section 83(2) (chair of governance and audit committee), after “authority’s executive” insert “or an assistant to its executive”.
- (a) in subsection (2)(c) after “authority's executive” insert “ or an assistant to its executive ”;
- (b) in subsection (3) after “authority's executive” insert “or an assistant to its executive.
- (5) In section 83(2) (chair of governance and audit committee), after “authority's executive” insert “ or an assistant to its executive ”.
## SCHEDULE 7
@@ -6553,7 +6568,7 @@
;
- (b) in subsection (8A) for “subsection (8)” substitute “subsections (8) and (8ZA)”;
- (b) in subsection (8A) for “subsection (8)” substitute “ subsections (8) and (8ZA) ”;
- (c) for subsection (9) substitute—
@@ -6567,13 +6582,13 @@
##### 4
In section 106 (Wales: orders and regulations), in subsection (6) after “made under” insert “section 11(9),”.
In section 106 (Wales: orders and regulations), in subsection (6) after “made under” insert “ section 11(9), ”.
##### 5
- (1) Schedule 1 (executive arrangements) is amended as follows.
- (2) In paragraph 1(2), after “section 11(8)” insert “and (8ZA)”.
- (2) In paragraph 1(2), after “section 11(8)” insert “ and (8ZA) ”.
- (3) In paragraph 2—
@@ -6583,7 +6598,7 @@
;
- (b) in sub-paragraph (3), after “section 11(8)” insert “and (8ZA)”.
- (b) in sub-paragraph (3), after “section 11(8)” insert “ and (8ZA) ”.
- (4) After paragraph 2 insert—
@@ -6652,7 +6667,7 @@
> (4) The Ombudsman may, among other things—
> (a) make any inquiries which the Ombudsman thinks appropriate;
> (b) determine whether any person may be represented in the investigation by an authorised person or another person.
> (5) In subsection (4) “authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).
> (5) In subsection (4) “*authorised person*” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).
> (6) The Ombudsman may pay to the person (if any) who made an allegation as described in section 69(1)(a) and to any other person who attends or supplies information for the purposes of the investigation—
> (a) sums in respect of the expenses properly incurred by them, and
> (b) allowances to compensate for the loss of their time.
@@ -6669,27 +6684,27 @@
> (4) The Ombudsman may require the relevant authority concerned to provide any facility the Ombudsman may reasonably require.
> (5) Subject to subsection (6), no person may be compelled to give any evidence or produce any document which the person could not be compelled to give or produce in civil proceedings before the High Court.
> (6) The Crown is not entitled to any privilege in relation to the production of documents or the giving of evidence that would otherwise be allowed by law in legal proceedings.
> (7) Where an obligation to maintain secrecy or other restriction on the disclosure of information obtained by or supplied to persons in Her Majesty’s service has been imposed by an enactment or a rule of law, the obligation or restriction does not apply to the disclosure of information for the purposes of the investigation.
> (7) Where an obligation to maintain secrecy or other restriction on the disclosure of information obtained by or supplied to persons in Her Majesty's service has been imposed by an enactment or a rule of law, the obligation or restriction does not apply to the disclosure of information for the purposes of the investigation.
> (69D)
> (1) If the Ombudsman is satisfied that the condition in subsection (2) is met in relation to a person, the Ombudsman may issue a certificate to that effect to the High Court.
> (2) The condition is that the person—
> (a) without lawful excuse, has obstructed the discharge of any of the Ombudsman’s functions under this Part, or
> (a) without lawful excuse, has obstructed the discharge of any of the Ombudsman's functions under this Part, or
> (b) has done an act in relation to an investigation under section 69 which, if the investigation were proceedings in the High Court, would constitute contempt of court.
> (3) But the condition in subsection (2) is not met in relation to a person merely because that person has taken action such as is mentioned in section 69B(8).
> (4) If the Ombudsman issues a certificate under subsection (1), the High Court may inquire into the matter.
> (5) If the High Court is satisfied that the condition in subsection (2) is met in relation to the person, it may deal with that person in the same manner as it may deal with a person who has committed contempt in relation to the High Court.
> (69E)
> (1) This section applies to information obtained in the exercise of the Ombudsman’s functions under this Part by—
> (1) This section applies to information obtained in the exercise of the Ombudsman's functions under this Part by—
> (a) the Ombudsman;
> (b) a member of the Ombudsman’s staff or other person acting on the Ombudsman’s behalf;
> (b) a member of the Ombudsman's staff or other person acting on the Ombudsman's behalf;
> (c) a person assisting the Ombudsman.
> (2) The information may be disclosed only—
> (a) for the purposes of the Ombudsman’s functions under—
> (a) for the purposes of the Ombudsman's functions under—
> (i) Chapter 3 or 4 of this Part;
> (ii) Part 3 or 5 of the Public Services Ombudsman (Wales) Act 2019;
> (b) for the purposes of the functions of the Adjudication Panel for Wales, including the functions of its President, Deputy President and tribunals, under Chapter 4 of this Part;
> (c) for the purposes of criminal proceedings or the investigation of a criminal offence;
> (d) if the disclosure is made to the Auditor General for Wales for the purposes of the Auditor General’s functions under Part 2 of the Public Audit (Wales) Act 2004;
> (d) if the disclosure is made to the Auditor General for Wales for the purposes of the Auditor General's functions under Part 2 of the Public Audit (Wales) Act 2004;
> (e) if the disclosure is made to the Electoral Commission for the purposes of any of its functions.
> (69F) The Welsh Ministers may by regulations amend this Chapter to make further or different provision about the exercise of the functions of the Public Services Ombudsman for Wales under section 69.
@@ -6699,7 +6714,7 @@
- (a) omit subsections (1) and (2);
- (b) for the heading substitute “Ceasing investigations etc.”.
- (b) for the heading substitute “ Ceasing investigations etc. ”.
##### 5
@@ -6709,11 +6724,11 @@
> (a) the publication is made in the exercise of the functions of the Ombudsman under Chapters 3 and 4 of this Part;
> (b) the publication—
> (i) is made in communications with the Ombudsman or a person exercising a function of the Ombudsman, and
> (ii) is made for the purposes of, or in connection with, the Ombudsman’s functions under Chapters 3 and 4 of this Part.
> (ii) is made for the purposes of, or in connection with, the Ombudsman's functions under Chapters 3 and 4 of this Part.
##### 6
In section 106(7) (Wales: orders and regulations), before “may not” insert “or regulations under section 69F”.
In section 106(7) (Wales: orders and regulations), before “may not” insert “ or regulations under section 69F ”.
#### Government of Wales Act 2006 (c. 32)
@@ -6775,8 +6790,8 @@
> (60M)
> (1) A corporate joint committee must prepare a plan for its area to be known as a strategic development plan.
> (2) The plan must set out—
> (a) the committee’s objectives in relation to the development and use of land in its area;
> (b) the committee’s policies for the implementation of those objectives.
> (a) the committee's objectives in relation to the development and use of land in its area;
> (b) the committee's policies for the implementation of those objectives.
> (3) The plan must be in general conformity with the National Development Framework for Wales.
> (4) The plan must specify the period for which it is to have effect.
> (5) The Welsh Ministers may by regulations make provision about—
@@ -6785,8 +6800,8 @@
> (6) In preparing its plan the committee must have regard to—
> (a) current national policies;
> (b) the National Development Framework for Wales;
> (c) any strategic development plan for an area that adjoins the committee’s area;
> (d) the local development plan for each area all or part of which is included in the committee’s area;
> (c) any strategic development plan for an area that adjoins the committee's area;
> (d) the local development plan for each area all or part of which is included in the committee's area;
> (e) the resources likely to be available for implementing the plan;
> (f) any other matters prescribed by the Welsh Ministers in regulations.
> (7) The committee must also—
@@ -6817,7 +6832,7 @@
##### 6
In section 68A (duty to consider whether to review local development plan), in subsection (2), for “a strategic planning area, a local planning authority for an area all or part of which is included in the strategic planning area” substitute “all or part of their area, a local planning authority”.
In section 68A (duty to consider whether to review local development plan), in subsection (2), for “a strategic planning area, a local planning authority for an area all or part of which is included in the strategic planning area” substitute “ all or part of their area, a local planning authority ”.
##### 7
@@ -6825,11 +6840,11 @@
- (a) in subsection (9), in paragraph (ba)—
- (i) in sub-paragraph (i) for “60I” substitute “60M”;
- (ii) in sub-paragraph (ii) for “60J” substitute “60N”;
- (b) in subsection (11), in paragraph (ba), for “strategic planning panel” substitute “corporate joint committee”.
- (i) in sub-paragraph (i) for “60I” substitute “ 60M ”;
- (ii) in sub-paragraph (ii) for “60J” substitute “ 60N ”;
- (b) in subsection (11), in paragraph (ba), for “strategic planning panel” substitute “ corporate joint committee ”.
##### 8
@@ -6889,13 +6904,13 @@
##### 16
In section 21A (powers of land acquisition), in subsection (5), in paragraph (d), for “strategic planning panel in whose strategic planning” substitute “corporate joint committee in whose”.
In section 21A (powers of land acquisition), in subsection (5), in paragraph (d), for “strategic planning panel in whose strategic planning” substitute “ corporate joint committee in whose ”.
##### 17
In section 21C (powers to advise on land matters), in subsection (3), in paragraph (d)—
- (a) for “strategic planning panel” substitute “corporate joint committee”;
- (a) for “strategic planning panel” substitute “ corporate joint committee ”;
- (b) in the second place in which they appear, omit the words “strategic planning”.
@@ -6903,7 +6918,7 @@
In section 27 (interpretation), in subsection (1), in the appropriate place insert—
> - “corporate joint committee” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;
> “*corporate joint committee*” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;
.
@@ -6911,9 +6926,9 @@
In Schedule 4 (acquisition of land)—
- (a) in Part 1 (compulsory acquisition), in paragraph 3A(d), for “strategic planning panel in whose strategic planning” substitute “corporate joint committee in whose”;
- (b) in Part 4 (other provisions), in paragraph 19(1), for “strategic planning panel” substitute “corporate joint committee”.
- (a) in Part 1 (compulsory acquisition), in paragraph 3A(d), for “strategic planning panel in whose strategic planning” substitute “ corporate joint committee in whose ”;
- (b) in Part 4 (other provisions), in paragraph 19(1), for “strategic planning panel” substitute “ corporate joint committee ”.
#### Wildlife and Countryside Act 1981 (c. 69)
@@ -6925,17 +6940,17 @@
In section 27AA (sites of special scientific interest and limestone pavements: application of provisions in Wales)—
- (a) in subsection (2), in paragraph (b), for the words from “a strategic planning area” to the end substitute “the area of a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021”;
- (b) in subsection (3), for the words from “the strategic planning panel” to the end, substitute “that corporate joint committee”.
- (a) in subsection (2), in paragraph (b), for the words from “a strategic planning area” to the end substitute “ the area of a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 ”;
- (b) in subsection (3), for the words from “the strategic planning panel” to the end, substitute “ that corporate joint committee ”.
##### 22
In section 37A (notification of designation of Ramsar sites), in subsection (2B)—
- (a) for “a strategic planning area designated under section 60D of the Planning and Compulsory Purchase Act 2004” substitute “the area of a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021”;
- (b) for “the strategic planning panel for that area” substitute “that corporate joint committee”.
- (a) for “a strategic planning area designated under section 60D of the Planning and Compulsory Purchase Act 2004” substitute “ the area of a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 ”;
- (b) for “the strategic planning panel for that area” substitute “ that corporate joint committee ”.
#### Town and Country Planning Act 1990 (c. 8)
@@ -6949,47 +6964,47 @@
- (a) omit “strategic planning”;
- (b) for “sections 60I and 60J” substitute “sections 60M and 60N”.
- (b) for “sections 60I and 60J” substitute “ sections 60M and 60N ”.
##### 25
In section 293A (urgent Crown development: application for planning permission), in subsection (9), in paragraph (aa), for “the strategic planning panel for any strategic planning” substitute “any corporate joint committee for the”.
In section 293A (urgent Crown development: application for planning permission), in subsection (9), in paragraph (aa), for “the strategic planning panel for any strategic planning” substitute “ any corporate joint committee for the ”.
##### 26
- (1) Section 303A (responsibility of local planning authorities for costs of holding certain inquiries etc.) is amended as follows.
- (2) In subsection (2), for “or strategic planning panel” substitute “or corporate joint committee”.
- (2) In subsection (2), for “or strategic planning panel” substitute “ or corporate joint committee ”.
- (3) In subsection (3)—
- (a) for “or strategic planning panel” substitute “or corporate joint committee”;
- (b) for “or panel” substitute “or committee”.
- (4) In subsection (6), for “or strategic planning panel” substitute “or corporate joint committee”.
- (a) for “or strategic planning panel” substitute “ or corporate joint committee ”;
- (b) for “or panel” substitute “ or committee ”.
- (4) In subsection (6), for “or strategic planning panel” substitute “ or corporate joint committee ”.
- (5) In subsection (9A)—
- (a) after “local planning authority”, in the first place it occurs, insert “or corporate joint committee”;
- (b) in paragraph (a), after “local planning authority” insert “or corporate joint committee”.
- (a) after “local planning authority”, in the first place it occurs, insert “ or corporate joint committee ”;
- (b) in paragraph (a), after “local planning authority” insert “ or corporate joint committee ”.
##### 27
In section 306 (contributions by local authorities and statutory undertakers), in subsection (2A)—
- (a) for “strategic planning panel” substitute “corporate joint committee”;
- (b) for the words from “60H” to the end substitute “60L of the Planning and Compulsory Purchase Act 2004 (corporate joint committees: area survey)”.
- (a) for “strategic planning panel” substitute “ corporate joint committee ”;
- (b) for the words from “60H” to the end substitute “ 60L of the Planning and Compulsory Purchase Act 2004 (corporate joint committees: area survey) ”.
##### 28
In section 324 (rights of entry)—
- (a) subsection (1B) (as inserted by Schedule 2 to the [Planning (Wales) Act 2015 (anaw 4)](https://www.legislation.gov.uk/anaw/2015/4)) is renumbered as subsection (1BA);
- (b) in that subsection, for “strategic planning panel” substitute “corporate joint committee”.
- (a) subsection (1B) (as inserted by Schedule 2 to the Planning (Wales) Act 2015 (anaw 4)) is renumbered as subsection (1BA);
- (b) in that subsection, for “strategic planning panel” substitute “ corporate joint committee ”.
##### 29
@@ -6997,7 +7012,7 @@
- (a) in the appropriate place insert—
> - “corporate joint committee” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;
> “*corporate joint committee*” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;
;
@@ -7009,7 +7024,7 @@
In Schedule 6 to the Water Resources Act 1991 (orders relating to abstraction of small quantities and compulsory registration of protected rights), in paragraph 1—
- (a) in sub-paragraph (4)(a), for “strategic planning panel” substitute “corporate joint committee”;
- (a) in sub-paragraph (4)(a), for “strategic planning panel” substitute “ corporate joint committee ”;
- (b) in sub-paragraph (6), for paragraph (ba) substitute—
@@ -7025,11 +7040,11 @@
##### 32
In section 39 (right to withdraw support from land: notice), in subsection (5), for the words “and any strategic planning panel established under section 60D of the Planning and Compulsory Purchase Act 2004” substitute “and any corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021”.
In section 39 (right to withdraw support from land: notice), in subsection (5), for the words “and any strategic planning panel established under section 60D of the Planning and Compulsory Purchase Act 2004” substitute “ and any corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 ”.
##### 33
In section 41 (revocation of right to withdraw support), in subsection (6), in the definition of “planning authority” for the words “and any strategic planning panel established under section 60D of the Planning and Compulsory Purchase Act 2004” substitute “and any corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021”.
In section 41 (revocation of right to withdraw support), in subsection (6), in the definition of “planning authority” for the words “and any strategic planning panel established under section 60D of the Planning and Compulsory Purchase Act 2004” substitute “ and any corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 ”.
#### Environment Act 1995 (c. 25)
@@ -7037,11 +7052,11 @@
- (1) Section 66 of the Environment Act 1995 (National Park Management Plans) is amended as follows.
- (2) In subsection (7), in paragraph (a), for “and strategic planning panel” substitute “and corporate joint committee”.
- (2) In subsection (7), in paragraph (a), for “and strategic planning panel” substitute “ and corporate joint committee ”.
- (3) For subsection (10) substitute—
> (10) In this section “corporate joint committee” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.
> (10) In this section “*corporate joint committee*” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.
#### Local Government Act 2000 (c. 22)
@@ -7059,45 +7074,41 @@
##### 37
In section 85 of the Countryside and Rights of Way Act 2000 (areas of outstanding natural beauty: general duty of public bodies etc.), in subsection (3), in the definition of “public body” omit paragraph (d) (as inserted by paragraph 21 of Schedule 2 to the [Planning (Wales) Act 2015 (anaw 4)](https://www.legislation.gov.uk/anaw/2015/4), which incorrectly purported to insert that paragraph into subsection (2)).
In section 85 of the Countryside and Rights of Way Act 2000 (areas of outstanding natural beauty: general duty of public bodies etc.), in subsection (3), in the definition of “public body” omit paragraph (d) (as inserted by paragraph 21 of Schedule 2 to the Planning (Wales) Act 2015 (anaw 4), which incorrectly purported to insert that paragraph into subsection (2)).
#### Finance Act 2003 (c. 14)
##### 38
In section 66 of the Finance Act 2003 (stamp duty land tax; exemption for transfers involving public bodies), in subsection (4), under the heading “Other planning authorities” omit the entry—
> - A strategic planning panel established under section 60D of the Planning and Compulsory Purchase Act 2004.
In section 66 of the Finance Act 2003 (stamp duty land tax; exemption for transfers involving public bodies), in subsection (4), under the heading “Other planning authorities” omit the entry— “ A strategic planning panel established under section 60D of the Planning and Compulsory Purchase Act 2004. ”.
#### Planning and Energy Act 2008 (c. 21)
##### 39
The Planning and Energy Act 2008 is amended as follows.
##### 40
- (1) Section 1 (energy policies) is amended as follows.
- (2) In subsection (1), for “strategic planning panel” substitute “ corporate joint committee ”.
- (3) In subsection (3)(b), for “a strategic planning panel or” substitute “ a corporate joint committee or ”.
- (4) In subsection (4), for paragraph (aa) substitute—
> (aa) section 60M of that Act, in the case of a corporate joint committee;
.
#### Planning and Energy Act 2008 (c. 21)
##### 39
The Planning and Energy Act 2008 is amended as follows.
##### 40
- (1) Section 1 (energy policies) is amended as follows.
- (2) In subsection (1), for “strategic planning panel” substitute “corporate joint committee”.
- (3) In subsection (3)(b), for “a strategic planning panel or” substitute “a corporate joint committee or”.
- (4) In subsection (4), for paragraph (aa) substitute—
> (aa) section 60M of that Act, in the case of a corporate joint committee;
.
##### 41
In section 2 (interpretation)—
- (a) in the appropriate place insert—
> - “corporate joint committee” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;
> “*corporate joint committee*” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;
;
@@ -7109,13 +7120,13 @@
- (1) Paragraph 1 of Schedule 6 to the Marine and Coastal Access Act 2009 (marine plans: preparation and adoption) is amended as follows.
- (2) In sub-paragraph (2), in paragraph (f), for “strategic planning panel whose strategic planning” substitute “corporate joint committee whose”.
- (2) In sub-paragraph (2), in paragraph (f), for “strategic planning panel whose strategic planning” substitute “ corporate joint committee whose ”.
- (3) In sub-paragraph (3)—
- (a) in the appropriate place insert—
> - “corporate joint committee” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;
> “*corporate joint committee*” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;
;
@@ -7125,9 +7136,7 @@
##### 43
In Part 2 of Schedule 19 to the Equality Act 2010 (public authorities subject to public sector equality duty: relevant Welsh authorities), under the sub-heading “Local government”, omit the entry—
> - A strategic planning panel established under section 60D of the Planning and Compulsory Purchase Act 2004.
In Part 2 of Schedule 19 to the Equality Act 2010 (public authorities subject to public sector equality duty: relevant Welsh authorities), under the sub-heading “Local government”, omit the entry— “ A strategic planning panel established under section 60D of the Planning and Compulsory Purchase Act 2004. ”
#### Welsh Language (Wales) Measure 2011 (nawm 1)
@@ -7153,7 +7162,7 @@
- (a) in subsection (9), in the definition of “public authority”, in paragraph (e)—
- (i) for “authority,” substitute “authority and”;
- (i) for “authority,” substitute “ authority and ”;
- (ii) omit “and a strategic planning panel”;
@@ -7169,9 +7178,7 @@
##### 48
In Schedule 3 to the Public Services Ombudsman (Wales) Act 2019 (listed authorities), under the sub-heading “Local government, fire and police”, omit the entry—
> - A strategic planning panel.
In Schedule 3 to the Public Services Ombudsman (Wales) Act 2019 (listed authorities), under the sub-heading “Local government, fire and police”, omit the entry— “ A strategic planning panel. ”
## PART 2 — Repeal of power to establish joint transport authorities
@@ -7201,69 +7208,69 @@
##### 2
In the title of Chapter 2 of Part 6, before “AUDIT COMMITTEES” insert “GOVERNANCE AND”.
In the title of Chapter 2 of Part 6, before “AUDIT COMMITTEES” insert “ GOVERNANCE AND ”.
##### 3
In section 81 (local authorities to appoint audit committees)—
- (a) in subsection (2), after “its ”insert “governance and”;
- (b) in subsection (3), for “an” substitute “a governance and”;
- (c) in the heading, after “appoint” insert “governance and”.
- (a) in subsection (2), after “its ”insert “ governance and ”;
- (b) in subsection (3), for “an” substitute “ a governance and ”;
- (c) in the heading, after “appoint” insert “ governance and ”.
##### 4
In section 82 (membership)—
- (a) in subsection (1), after “of its” insert “governance and”;
- (a) in subsection (1), after “of its” insert “ governance and ”;
- (b) in subsection (2)—
- (i) in paragraph (a) for “its audit committee” substitute “that committee”;
- (ii) in paragraph (b) for “its audit committee” substitute “that committee”;
- (iii) in paragraph (c) for “its audit committee” substitute “that committee”;
- (iv) in paragraph (d) for “its audit committee” substitute “that committee”;
- (c) in subsection (3), after “local authority’s” insert “governance and”;
- (d) in subsection (4), for “an” substitute “a governance and”;
- (e) in subsection (5), for “an” substitute “a governance and”;
- (f) in subsection (6), for “an” substitute “a governance and”;
- (g) in subsection (7), for “An” substitute “A governance and”.
- (i) in paragraph (a) for “its audit committee” substitute “ that committee ”;
- (ii) in paragraph (b) for “its audit committee” substitute “ that committee ”;
- (iii) in paragraph (c) for “its audit committee” substitute “ that committee ”;
- (iv) in paragraph (d) for “its audit committee” substitute “ that committee ”;
- (c) in subsection (3), after “local authority's” insert “ governance and ”;
- (d) in subsection (4), for “an” substitute “ a governance and ”;
- (e) in subsection (5), for “an” substitute “ a governance and ”;
- (f) in subsection (6), for “an” substitute “ a governance and ”;
- (g) in subsection (7), for “An” substitute “ A governance and ”.
##### 5
In section 83 (proceedings etc.)—
- (a) in subsection (1), for “An” substitute “A governance and”;
- (b) in subsection (2), for “the”, in the second place where it occurs, substitute “the governance and”;
- (c) in subsection (3), for “an” substitute “a governance and”;
- (d) in subsection (4), for “An” substitute “A governance and”;
- (e) in subsection (7), for “An” substitute “A governance and”.
- (a) in subsection (1), for “An” substitute “ A governance and ”;
- (b) in subsection (2), for “the”, in the second place where it occurs, substitute “ the governance and ”;
- (c) in subsection (3), for “an” substitute “ a governance and ”;
- (d) in subsection (4), for “An” substitute “ A governance and ”;
- (e) in subsection (7), for “An” substitute “ A governance and ”.
##### 6
In section 84 (frequency of meetings)—
- (a) in subsection (1), for “An” substitute “A governance and”;
- (b) in subsection (2), after “The” insert “governance and”;
- (c) in subsection (3), for “an” substitute “a governance and”;
- (d) in subsection (4), for “an” substitute “a governance and”.
- (a) in subsection (1), for “An” substitute “ A governance and ”;
- (b) in subsection (2), after “The” insert “ governance and ”;
- (c) in subsection (3), for “an” substitute “ a governance and ”;
- (d) in subsection (4), for “an” substitute “ a governance and ”.
##### 7
@@ -7271,21 +7278,21 @@
- (a) in subsection (1)—
- (i) in paragraph (a) after “functions of” insert “governance and”;
- (ii) in paragraph (b) for “audit” substitute “such”;
- (b) in subsection (2), after “and its” insert “governance and”.
- (i) in paragraph (a) after “functions of” insert “ governance and ”;
- (ii) in paragraph (b) for “audit” substitute “ such ”;
- (b) in subsection (2), after “and its” insert “ governance and ”.
##### 8
In section 86 (termination of membership)—
- (a) in subsection (1), in paragraph (a) for “an” substitute “a governance and”;
- (b) in subsection (2), after “member of the” in the second place it occurs insert “governance and”;
- (c) in subsection (4), after “or the” insert “governance and”.
- (a) in subsection (1), in paragraph (a) for “an” substitute “ a governance and ”;
- (b) in subsection (2), after “member of the” in the second place it occurs insert “ governance and ”;
- (c) in subsection (4), after “or the” insert “ governance and ”.
##### 9
@@ -7319,15 +7326,15 @@
- (3) The number of members of the committee to be appointed by each of the merging councils is the number agreed by the merging councils or, in default of agreement, determined by the Welsh Ministers.
- (4) One of the members of the committee appointed by a merging council must be the merging council’s senior executive member.
- (4) One of the members of the committee appointed by a merging council must be the merging council's senior executive member.
- (5) If not already appointed under sub-paragraph (4), the executive member of a merging council with responsibility for finance must also be appointed as a member of the committee.
- (6) A transition committee may co-opt additional persons to serve as members of the committee but they may not vote.
- (7) A transition committee is to be treated for the purposes of paragraph 1 of Schedule 1 to the [Local Government and Housing Act 1989 (c. 42)](https://www.legislation.gov.uk/ukpga/1989/42) (political balance on local authority committees) as a body falling within paragraph 2 of that Schedule.
- (8) In this paragraph “senior executive member” means—
- (7) A transition committee is to be treated for the purposes of paragraph 1 of Schedule 1 to the Local Government and Housing Act 1989 (c. 42) (political balance on local authority committees) as a body falling within paragraph 2 of that Schedule.
- (8) In this paragraph “*senior executive member*” means—
- (a) in the case of a council operating a leader and cabinet executive, the executive leader;
@@ -7341,7 +7348,7 @@
- (a) facilitating the economic, effective and efficient transfer of functions, staff and property rights and liabilities from the merging councils to the new principal council,
- (b) ensuring that the new principal council and its staff are in a position to perform the new principal council’s functions effectively as from the time when it assumes them, and
- (b) ensuring that the new principal council and its staff are in a position to perform the new principal council's functions effectively as from the time when it assumes them, and
- (c) any other purposes that the Welsh Ministers may specify in a direction to the transition committee.
@@ -7387,13 +7394,13 @@
- (2) Neither a governance and audit committee nor an overview and scrutiny committee of a merging council or restructuring council may exercise any of its functions in relation to anything done by a transition committee; and for this purpose—
- “governance and audit committee” (“*pwyllgor llywodraethu ac archwilio*”) has the meaning given by section 81 of the 2011 Measure;
- “overview and scrutiny committee” (“*pwyllgor trosolwg a chraffu*”) has the meaning given by section 21(1) of the 2000 Act.
- “*governance and audit committee*” (“**pwyllgor llywodraethu ac archwilio**”) has the meaning given by section 81 of the 2011 Measure;
- “*overview and scrutiny committee*” (“**pwyllgor trosolwg a chraffu**”) has the meaning given by section 21(1) of the 2000 Act.
- (3) In this Part of this Schedule—
- (a) “transition committee” means a transition committee established in accordance with paragraph 1 or by virtue of paragraph 4;
- (a) “*transition committee*” means a transition committee established in accordance with paragraph 1 or by virtue of paragraph 4;
- (b) a reference to a merging council in relation to a transition committee is to a merging council by which the transition committee is established;
@@ -7425,17 +7432,17 @@
- (e) making a relevant loan;
- (f) including an amount of financial reserves in a calculation under section 32 of the [Local Government Finance Act 1992 (c. 14)](https://www.legislation.gov.uk/ukpga/1992/14);
- (f) including an amount of financial reserves in a calculation under section 32 of the Local Government Finance Act 1992 (c. 14);
- (g) starting the process of recruiting (including by way of internal recruitment)—
- (i) a non-statutory chief officer mentioned in section 2(7) of the [Local Government and Housing Act 1989 (c. 42)](https://www.legislation.gov.uk/ukpga/1989/42);
- (i) a non-statutory chief officer mentioned in section 2(7) of the Local Government and Housing Act 1989 (c. 42);
- (ii) a deputy chief officer mentioned in section 2(8) of that Act.
- (3) The Welsh Ministers may direct a merging council or restructuring council seeking to appoint or designate a person to a restricted post (including from among its existing officers) to comply with specified requirements about the appointment or designation.
- (4) “Restricted post”, in relation to a merging council or restructuring council, means—
- (4) “*Restricted post*”, in relation to a merging council or restructuring council, means—
- (a) its chief executive appointed under section 54;
@@ -7453,17 +7460,17 @@
- (6) If an opinion given for the purposes of sub-paragraph (1)(a) is that it would not be appropriate for a merging council or restructuring council to carry out a restricted activity but the council decides to carry it out, the council must publish its reasons for making that decision.
- (7) Where a direction has been given under sub-paragraph (3), section 143A(1)(b) and (3) of the 2011 Measure (recommendations of Independent Remuneration Panel for Wales on remuneration) does not apply to a proposal to provide to the chief executive of a merging council or restructuring council remuneration which is different to that provided to the chief executive’s predecessor.
- (7) Where a direction has been given under sub-paragraph (3), section 143A(1)(b) and (3) of the 2011 Measure (recommendations of Independent Remuneration Panel for Wales on remuneration) does not apply to a proposal to provide to the chief executive of a merging council or restructuring council remuneration which is different to that provided to the chief executive's predecessor.
- (8) A direction given under this paragraph takes effect from the date specified.
- (9) In this paragraph, “specified” means specified in a direction given under this paragraph.
- (9) In this paragraph, “*specified*” means specified in a direction given under this paragraph.
- (10) Until section 54 comes into force—
- (a) the reference in sub-paragraph (4)(a) to a council’s chief executive appointed under section 54 is to be read as a reference to the council’s head of paid service designated under section 4(1) of the [Local Government and Housing Act 1989 (c. 42)](https://www.legislation.gov.uk/ukpga/1989/42), and
- (b) the references in sub-paragraph (7) to a council’s chief executive are to be read as references to a council’s head of paid service.
- (a) the reference in sub-paragraph (4)(a) to a council's chief executive appointed under section 54 is to be read as a reference to the council's head of paid service designated under section 4(1) of the Local Government and Housing Act 1989 (c. 42), and
- (b) the references in sub-paragraph (7) to a council's chief executive are to be read as references to a council's head of paid service.
#### Directions under paragraph 1: supplementary
@@ -7507,7 +7514,7 @@
- (1) A direction under paragraph 1—
- (a) may provide that the opinion or consent of the person or persons specified in the direction is not required for the inclusion, in a calculation under section 32 of the [Local Government Finance Act 1992 (c. 14)](https://www.legislation.gov.uk/ukpga/1992/14), of financial reserves of a description specified in the direction;
- (a) may provide that the opinion or consent of the person or persons specified in the direction is not required for the inclusion, in a calculation under section 32 of the Local Government Finance Act 1992 (c. 14), of financial reserves of a description specified in the direction;
- (b) may, in relation to a merging council or restructuring council, provide that an opinion or consent is not required for the inclusion in such a calculation of an amount of financial reserves not exceeding an amount specified in or determined under the direction.
@@ -7539,13 +7546,13 @@
- (3) A grant or other financial assistance given, or a loan made, in contravention of a direction given under paragraph 1 is repayable.
- (4) If a merging council or restructuring council includes financial reserves in a calculation under section 32 of the [Local Government Finance Act 1992 (c. 14)](https://www.legislation.gov.uk/ukpga/1992/14) in contravention of a direction given under paragraph 1, the council is to be treated for the purposes of section 30(8) of that Act as not having made the calculations required by Chapter 3 of Part 1 of that Act.
- (4) If a merging council or restructuring council includes financial reserves in a calculation under section 32 of the Local Government Finance Act 1992 (c. 14) in contravention of a direction given under paragraph 1, the council is to be treated for the purposes of section 30(8) of that Act as not having made the calculations required by Chapter 3 of Part 1 of that Act.
#### Interpretation of paragraphs 1 and 7
##### 6
- (1) In paragraphs 1 and 7, “relevant land acquisition or disposal” means the acquisition or disposal of land where the consideration for the acquisition or disposal exceeds £150,000.
- (1) In paragraphs 1 and 7, “*relevant land acquisition or disposal*” means the acquisition or disposal of land where the consideration for the acquisition or disposal exceeds £150,000.
- (2) In sub-paragraph (1), the reference to the acquisition or disposal of land includes—
@@ -7555,7 +7562,7 @@
- (c) acquiring or granting an option to acquire any land or any interest in land.
- (3) In paragraphs 1 and 7, “relevant contract or agreement” means—
- (3) In paragraphs 1 and 7, “*relevant contract or agreement*” means—
- (a) any contract, other than a capital contract, under which the consideration exceeds £150,000 where—
@@ -7565,27 +7572,27 @@
- (b) any capital contract under which the consideration exceeds £500,000, or
- (c) any framework agreement within the meaning of regulation 33(2) of the [Public Contracts Regulations 2015 (S.I. 2015/102)](https://www.legislation.gov.uk/uksi/2015/102) where—
- (c) any framework agreement within the meaning of regulation 33(2) of the Public Contracts Regulations 2015 (S.I. 2015/102) where—
- (i) the period of the framework agreement extends beyond the transfer date, or
- (ii) under the terms of the framework agreement, that period may be extended beyond the transfer date.
- (4) In sub-paragraph (3), “capital contract” means a contract in respect of which the consideration payable by the merging council or restructuring council is expenditure which is capital expenditure for the purposes of Chapter 1 of Part 1 of the [Local Government Act 2003 (c. 26)](https://www.legislation.gov.uk/ukpga/2003/26) (capital finance; see section 16 of that Act).
- (5) In paragraphs 1 and 7, “relevant capital acquisition” means an acquisition of share capital or loan capital in any body corporate in respect of which the consideration exceeds £500,000, other than an acquisition of loan capital where—
- (4) In sub-paragraph (3), “*capital contract*” means a contract in respect of which the consideration payable by the merging council or restructuring council is expenditure which is capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (c. 26) (capital finance; see section 16 of that Act).
- (5) In paragraphs 1 and 7, “*relevant capital acquisition*” means an acquisition of share capital or loan capital in any body corporate in respect of which the consideration exceeds £500,000, other than an acquisition of loan capital where—
- (a) the acquisition of the loan capital is an investment for the purposes of the prudent management of the financial affairs of the merging council or restructuring council, and
- (b) the investment is admitted to—
- (i) the official list (within the meaning of the [Financial Services and Markets Act 2000 (c. 8)](https://www.legislation.gov.uk/ukpga/2000/8); see section 103(1) of that Act), or
- (i) the official list (within the meaning of the Financial Services and Markets Act 2000 (c. 8); see section 103(1) of that Act), or
- (ii) an equivalent list maintained by an authority of an EEA State.
- (6) In paragraphs 1 and 7, “relevant grant or other financial assistance” means a grant or other financial assistance (other than a loan) of more than £150,000.
- (7) In paragraphs 1 and 7, “relevant loan” means a loan of more than £150,000 where—
- (6) In paragraphs 1 and 7, “*relevant grant or other financial assistance*” means a grant or other financial assistance (other than a loan) of more than £150,000.
- (7) In paragraphs 1 and 7, “*relevant loan*” means a loan of more than £150,000 where—
- (a) the period of the loan extends beyond the transfer date, or
@@ -7649,13 +7656,13 @@
- (6) In this paragraph—
- “contract or agreement” (“*contract neu gytundeb*”) (other than in “relevant contract or agreement”, as to which see paragraph 6(3)) means— any contract, other than a capital contract, where— the period of the contract extends beyond the transfer date, or under the terms of the contract, that period may be extended beyond the transfer date; any capital contract (within the meaning of paragraph 6(4)); any framework agreement within the meaning of regulation 33(2) of the [Public Contracts Regulations 2015 (S.I. 2015/102)](https://www.legislation.gov.uk/uksi/2015/102) where— the period of the framework agreement extends beyond the transfer date, or under the terms of the framework agreement, that period may be extended beyond the transfer date;
- “land acquisition or disposal” (“*caffaeliad neu warediad tir*”) includes the things set out in paragraph 6(2);
- “loan” (“*benthyciad*”) (other than in “relevant loan”) means a loan where— the period of the loan extends beyond the transfer date, or under the terms of the loan, that period may be extended beyond the transfer date;
- “the relevant date” (“*y dyddiad perthnasol*”) means— the date on which the Welsh Ministers receive the merger application, or the date on which notice is given as described in section 129(6).
- “*contract or agreement*” (“**contract neu gytundeb**”) (other than in “relevant contract or agreement”, as to which see paragraph 6(3)) means—any contract, other than a capital contract, where—the period of the contract extends beyond the transfer date, orunder the terms of the contract, that period may be extended beyond the transfer date;any capital contract (within the meaning of paragraph 6(4));any framework agreement within the meaning of regulation 33(2) of the Public Contracts Regulations 2015 (S.I. 2015/102) where—the period of the framework agreement extends beyond the transfer date, orunder the terms of the framework agreement, that period may be extended beyond the transfer date;
- “*land acquisition or disposal*” (“**caffaeliad neu warediad tir**”) includes the things set out in paragraph 6(2);
- “*loan*” (“**benthyciad**”) (other than in “relevant loan”) means a loan where—the period of the loan extends beyond the transfer date, orunder the terms of the loan, that period may be extended beyond the transfer date;
- “*the relevant date*” (“**y dyddiad perthnasol**”) means—the date on which the Welsh Ministers receive the merger application, orthe date on which notice is given as described in section 129(6).
#### Financial limits: further provision
@@ -7691,7 +7698,7 @@
##### 2
Omit sections 33B and 33C (principal council’s response to a poll demanded at a community meeting).
Omit sections 33B and 33C (principal council's response to a poll demanded at a community meeting).
##### 3
@@ -7699,7 +7706,7 @@
- (a) omit, in the second place it occurs, “or community”;
- (b) after “meeting”, in the second place it occurs, insert “or of a community governance poll (as to which, see paragraph 34(8) of Schedule 12)”.
- (b) after “meeting”, in the second place it occurs, insert “ or of a community governance poll (as to which, see paragraph 34(8) of Schedule 12) ”.
##### 4
@@ -7707,7 +7714,7 @@
- (a) omit “or community”;
- (b) after “meeting” insert “or a community governance poll (as to which, see paragraph 34(8) of Schedule 12)”.
- (b) after “meeting” insert “ or a community governance poll (as to which, see paragraph 34(8) of Schedule 12) ”.
##### 5
@@ -7717,7 +7724,7 @@
- (1) In Schedule 12, paragraph 34 (the making of decisions by community meetings) is amended as follows.
- (2) In sub-paragraph (1), for “poll consequent thereon” substitute “community governance poll”.
- (2) In sub-paragraph (1), for “poll consequent thereon” substitute “ community governance poll ”.
- (3) In sub-paragraph (2)—
@@ -7735,15 +7742,15 @@
- (6) At the end of paragraph 34 insert—
> (8) In this Part of this Schedule, “community governance poll” means a poll held on a proposal of a kind mentioned in section 27A, 27C, 27E, 27G, 27I or 27K.
> (8) In this Part of this Schedule, “*community governance poll*” means a poll held on a proposal of a kind mentioned in section 27A, 27C, 27E, 27G, 27I or 27K.
##### 7
In paragraph 37 of Schedule 12 (lending of ballot boxes etc.), in sub-paragraph (1) for “poll consequent on a community meeting” substitute “community governance poll”.
In paragraph 37 of Schedule 12 (lending of ballot boxes etc.), in sub-paragraph (1) for “poll consequent on a community meeting” substitute “ community governance poll ”.
##### 8
In paragraph 38 of Schedule 12 (offences) for “poll consequent on a community meeting” substitute “community governance poll”.
In paragraph 38 of Schedule 12 (offences) for “poll consequent on a community meeting” substitute “ community governance poll ”.
##### 9
@@ -7775,7 +7782,7 @@
- (1) The Well-being of Future Generations (Wales) Act 2015 is amended as follows.
- (2) In section 1 (overview), in subsection (4)(f) after “collaborate” insert “, and to demerge”.
- (2) In section 1 (overview), in subsection (4)(f) after “collaborate” insert “ , and to demerge ”.
- (3) In section 37 (local well-being assessments), in subsection (2) omit “(6) or”.
@@ -7785,19 +7792,19 @@
- (b) in subsection (7)—
- (i) for “Subsequently, each” substitute “Each”;
- (ii) for “subsequent ordinary election under that section” substitute “ordinary election under section 26 of the [Local Government Act 1972 (c. 70)](https://www.legislation.gov.uk/ukpga/1972/70)”.
- (5) In the heading of section 47, for “Merging” substitute “Merger and demerger of”.
- (i) for “Subsequently, each” substitute “ Each ”;
- (ii) for “subsequent ordinary election under that section” substitute “ ordinary election under section 26 of the Local Government Act 1972 (c. 70) ”.
- (5) In the heading of section 47, for “Merging” substitute “ Merger and demerger of ”.
- (6) In section 49 (directions)—
- (a) in subsection (1)—
- (i) after “or” insert “(8) or section”;
- (ii) after “public services” insert “board or”;
- (i) after “or” insert “ (8) or section ”;
- (ii) after “public services” insert “ board or ”;
- (b) after subsection (2) insert—
@@ -7805,13 +7812,13 @@
;
- (c) in the heading, after “merge” insert “, demerge”.
- (7) In section 55 (interpretation), in the definition of “local well-being plan” for “or amended and published as amended under section 44(5)” substitute “, 44(5) or 47(6) or (11)”.
- (c) in the heading, after “merge” insert “ , demerge ”.
- (7) In section 55 (interpretation), in the definition of “local well-being plan” for “or amended and published as amended under section 44(5)” substitute “ , 44(5) or 47(6) or (11) ”.
- (8) In Schedule 3 (further provision about public services boards), in paragraph 6(3) (sub-groups)—
- (a) in paragraph (h), after “44” insert “or 47”;
- (a) in paragraph (h), after “44” insert “ or 47 ”;
- (b) in paragraph (i), after sub-paragraph (i) (and before the “or” which follows it) insert—
@@ -7823,25 +7830,25 @@
##### 2
In the 2000 Act, in subsection (3B) of section 2 (promotion of well-being) for “or 44(5)” substitute “, 44(5) or 47(6) or (11)”.
In the 2000 Act, in subsection (3B) of section 2 (promotion of well-being) for “or 44(5)” substitute “ , 44(5) or 47(6) or (11) ”.
#### Education Act 2002 (c. 32)
##### 3
In the Education Act 2002, in section 21(9)(b) (relevant children and young people’s plan) for “or 44(5)” substitute “, 44(5) or 47(6) or (11)”.
In the Education Act 2002, in section 21(9)(b) (relevant children and young people's plan) for “or 44(5)” substitute “ , 44(5) or 47(6) or (11) ”.
#### Planning and Compulsory Purchase Act 2004 (c. 5)
##### 4
In the Planning and Compulsory Purchase Act 2004, in section 62(7) (local development plan) for “or 44(5)” substitute “, 44(5) or 47(6) or (11)”.
In the Planning and Compulsory Purchase Act 2004, in section 62(7) (local development plan) for “or 44(5)” substitute “ , 44(5) or 47(6) or (11) ”.
#### Children Act 2004 (c. 31)
##### 5
In the Children Act 2004, in section 25(9A) (co-operation to improve well-being) for “or 44(5)” substitute “, 44(5) or 47(6) or (11)”.
In the Children Act 2004, in section 25(9A) (co-operation to improve well-being) for “or 44(5)” substitute “ , 44(5) or 47(6) or (11) ”.
#### Children and Families (Wales) Measure 2010 (nawm 1)
@@ -7849,15 +7856,15 @@
- (1) The Children and Families (Wales) Measure 2010 is amended as follows.
- (2) In section 4(1) (strategies prepared by local authorities), for “or 44(5)” substitute “, 44(5) or 47(6) or (11)”.
- (3) In section 5(5) (strategies prepared by other authorities), for “or 44(5)” substitute “, 44(5) or 47(6) or (11)”.
- (2) In section 4(1) (strategies prepared by local authorities), for “or 44(5)” substitute “ , 44(5) or 47(6) or (11) ”.
- (3) In section 5(5) (strategies prepared by other authorities), for “or 44(5)” substitute “ , 44(5) or 47(6) or (11) ”.
#### Mental Health (Wales) Measure 2010 (nawm 7)
##### 7
In the Mental Health (Wales) Measure 2010, in section 2(2A) (joint schemes for the provision of local primary mental health support services) for “or 44(5)” substitute “, 44(5) or 47(6) or (11)”.
In the Mental Health (Wales) Measure 2010, in section 2(2A) (joint schemes for the provision of local primary mental health support services) for “or 44(5)” substitute “ , 44(5) or 47(6) or (11) ”.
#### Social Services and Well-being (Wales) Act 2014 (anaw 4)
@@ -7865,15 +7872,15 @@
In the Social Services and Well-being (Wales) Act 2014, in section 14A (plans following assessment of needs)—
- (a) in subsection (3), for “or 44(5)” substitute “, 44(5) or 47(6) or (11)”;
- (b) in subsection (5), after “merging” insert “and demerging”.
- (a) in subsection (3), for “or 44(5)” substitute “ , 44(5) or 47(6) or (11) ”;
- (b) in subsection (5), after “merging” insert “ and demerging ”.
#### Violence Against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3)
##### 9
In the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015, in section 5(5A) (publication of local strategies) for “or 44(5)” substitute “, 44(5) or 47(6) or (11)”.
In the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015, in section 5(5A) (publication of local strategies) for “or 44(5)” substitute “ , 44(5) or 47(6) or (11) ”.
#### Overview
@@ -8416,350 +8423,3 @@
[^key-6e21d9d6890f3454e9ff27059d87368a]: [Sch. 5 para. 3(b)](https://www.legislation.gov.uk/asc/2021/1/schedule/5/paragraph/3/b) omitted (3.12.2021) by virtue of [The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349)](https://www.legislation.gov.uk/wsi/2021/1349), [regs. 1(2)](https://www.legislation.gov.uk/wsi/2021/1349/regulation/1/2), [42(3)(a)(ii)](https://www.legislation.gov.uk/wsi/2021/1349/regulation/42/3/a/ii)
[^key-22e1f7f2d04c766e9894e457fbe96554]: [Sch. 5 para. 3(a)](https://www.legislation.gov.uk/asc/2021/1/schedule/5/paragraph/3/a) substituted (3.12.2021) by [The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349)](https://www.legislation.gov.uk/wsi/2021/1349), [regs. 1(2)](https://www.legislation.gov.uk/wsi/2021/1349/regulation/1/2), [42(3)(a)(i)](https://www.legislation.gov.uk/wsi/2021/1349/regulation/42/3/a/i)
### CHAPTER1A — PERFORMANCE, PERFORMANCE ASSESSMENTS AND INTERVENTION: CORPORATE JOINT COMMITTEES
#### Application of Chapter 1 to corporate joint committees
##### 115A
Schedule 10A applies Chapter 1 (performance, performance assessments and intervention: principal councils), except sections 113, 114 and 115, to a corporate joint committee with the modifications set out in that Schedule.
#### Reports of Panel relating to shadow councils and new principal councils
#### Powers of billing authorities to require the supply of information relating to hereditaments
#### Requirement to supply to billing authorities information relevant to determining liability to non-domestic rates
#### Multipliers
#### Amendment of Chapter 3 of Part 5 of the Local Government Finance Act 1988
#### Joint and several liability to pay council tax
#### Procedure for certain regulations and orders made under the Local Government Finance Act 1992
#### Amendment of the Public Audit (Wales) Act 2004 consequential on section 159
#### Abolition of polls consequent on a community meeting
#### Directions under section 48 of the 2013 Act
#### Merging and demerging public services boards under the Well-being of Future Generations (Wales) Act 2015
#### Performance and governance of fire and rescue authorities
#### National Park authorities: disapplication of the 2009 Measure
## SCHEDULE 10A
### APPLICATION OF CHAPTER 1 OF PART 6 TO CORPORATE JOINT COMMITTEES
##### 1
Chapter 1 of Part 6, except for sections 113, 114 and 115, applies to a corporate joint committee with the modifications set out in this Schedule.
##### 2
In Chapter 1 of Part 6—
- (a) the references to a principal council are to be read as references to a corporate joint committee but this is subject to paragraphs 3 to 17 of this Schedule (which make additional modifications to certain provisions of Chapter 1 of Part 6);
- (b) the references to a principal council’s governance and audit committee are to be read as references to a corporate joint committee’s governance and audit sub-committee;
- (c) the references to the area of a principal council are to be read as references to the area specified as a corporate joint committee’s area in regulations under Part 5 establishing the corporate joint committee.
##### 3
Section 90 is to be read as if—
- (a) in paragraph (a) “*local people*” means people who live, work or study in the area specified as the corporate joint committee’s area in regulations under Part 5 establishing the corporate joint committee;
- (b) after paragraph (c) (and before “and”) there were inserted—
> (ca) each constituent council of the corporate joint committee,
> (cb) any National Park authority which is required by regulations under Part 5 to appoint a member of the corporate joint committee,
.
##### 4
Section 91(10)(c) is to be read as if—
- (a) in sub-paragraph (ii), at the beginning, there were inserted “if the corporate joint committee has a function relating to education,”;
- (b) after sub-paragraph (ii) (and before “and”) there were inserted—
> (iia) each constituent council of the corporate joint committee,
> (iib) any National Park authority which is required by regulations under Part 5 to appoint a member of the corporate joint committee,
.
##### 5
Section 92 is to be read as if—
- (a) in subsection (1), for “to the council” there were substituted “to principal councils in Wales (“the inter-election period”)”;
- (b) after subsection (1) there were inserted—
> (1A) For the purposes of subsection (1), the first inter-election period is the period immediately following the election mentioned in subsection (1B).
> (1B) The election mentioned in this subsection is the next ordinary election of councillors to principal councils in Wales which follows that which took place on 5 May 2022.
;
- (c) in subsection (3)—
- (i) in paragraph (a) “*local people*” means people who live, work or study in the area specified as the corporate joint committee’s area in regulations under Part 5 establishing the corporate joint committee;
- (ii) after paragraph (c) (and before “and”) there were inserted—
> (ca) each constituent council of the corporate joint committee,
> (cb) any National Park authority which is required by regulations under Part 5 to appoint a member of the corporate joint committee,
;
- (d) in subsection (5)—
- (i) in paragraph (c), at the beginning, there were inserted “if the corporate joint committee has a function relating to education,”;
- (ii) after paragraph (c) (and before “and”) there were inserted—
> (ca) each constituent council of the corporate joint committee,
> (cb) any National Park authority which is required by regulations under Part 5 to appoint a member of the corporate joint committee,
;
- (e) in subsection (7), for “to the council” there were substituted “to principal councils in Wales”;
- (f) after subsection (7) there were inserted—
> (7A) The first of the elections mentioned in subsection (7) is the next ordinary election of councillors to principal councils in Wales which follows the election mentioned in subsection (1B).
##### 6
Section 93 is to be read as if—
- (a) in subsection (6)(b)—
- (i) in sub-paragraph (iii), at the beginning, there were inserted “if the corporate joint committee has a function relating to education,”;
- (ii) after sub-paragraph (iii) (and before “and”) there were inserted—
> (iiia) each constituent council of the corporate joint committee,
> (iiib) any National Park authority which is required by regulations under Part 5 to appoint a member of the corporate joint committee,
;
- (b) in subsection (7), for “to the council” there were substituted “to principal councils in Wales”;
- (c) after subsection (7) there were inserted—
> (7A) The first of the elections mentioned in subsection (7) is the next ordinary election of councillors to principal councils in Wales which follows the election mentioned in section 92(1B).
##### 7
Section 95 is to be read as if—
- (a) in subsection (7)(b)—
- (i) in sub-paragraph (ii), at the beginning, there were inserted “if the corporate joint committee has a function relating to education,”;
- (ii) after sub-paragraph (ii) (and before “and”), there were inserted—
> (iia) each constituent council of the corporate joint committee,
> (iib) any National Park authority which is required by regulations under Part 5 to appoint a member of the corporate joint committee,
;
- (b) subsection (9) were omitted.
##### 8
Section 96(7)(b) is to be read as if—
- (a) in sub-paragraph (i), at the beginning, there were inserted “if the corporate joint committee has a function relating to education,”,
- (b) after sub-paragraph (i) (and before “and”) there were inserted—
> (ia) each constituent council of the corporate joint committee,
> (ib) any National Park authority which is required by regulations under Part 5 to appoint a member of the corporate joint committee,
.
##### 9
Section 97(2)(b) is to be read as if—
- (a) after sub-paragraph (ii) (and before “and”) there were inserted—
> (iia) each constituent council of that corporate joint committee,
> (iib) any National Park authority which is required by regulations under Part 5 to appoint a member of that corporate joint committee,
;
- (b) in sub-paragraph (iii), at the beginning, there were inserted “if the corporate joint committee has a function relating to education,”.
##### 10
Section 98 is to be read as if—
- (a) for subsection (1) there were substituted—
> (1) An inspector may at any reasonable time enter any premises of —
> (a) a corporate joint committee;
> (b) a constituent council of a corporate joint committee;
> (c) a National Park authority which is required by regulations under Part 5 to appoint a member of a corporate joint committee,
> and do anything that the inspector considers necessary for the purposes of a special inspection of the corporate joint committee, including inspecting a document held by the authority whose premises the inspector has entered.
;
- (b) for subsection (2) there were substituted—
> (2) An inspector may require an authority mentioned in paragraph (a), (b) or (c) of subsection (1) to provide the inspector with any of the following that the inspector considers necessary for the purposes of a special inspection of the corporate joint committee—
> (a) a document held by the authority;
> (b) facilities and assistance.
;
- (c) for paragraph (b) of subsection (4) there were substituted—
> (b) require an authority mentioned in paragraph (a), (b) or (c) of subsection (1) to provide the inspector with a legible copy, including a legible electronic copy, of a document inspected on its premises under subsection (1) or provided by it under subsection (2)(a);
.
##### 11
Section 99 is to be read as if—
- (a) for subsection (1) there were substituted—
> (1) An inspector may enter the premises of an authority mentioned in paragraph (a), (b) or (c) of section 98(1) in exercise of the powers under that subsection only if—
> (a) an inspector has given notice in writing to the authority, 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.
;
- (b) in subsection (2), for “council”, in both places it appears, there were substituted “authority”;
- (c) for subsection (3) there were substituted—
> (3) The requirement in subsection (1) does not apply if an inspector considers that giving an authority notice of the exercise of a power under section 98(1) against it would, or would be likely to, prejudice that exercise of the power.
> (3A) The requirement in subsection (2) does not apply if an inspector considers that giving an authority notice of the exercise of a power under section 98(2) against it would, or would be likely to, prejudice that exercise of the power.
;
- (d) in subsection (4)(b)(i), for “member of a principal council or a member of the staff of a principal council” there were substituted “member of, or a member of the staff of, a principal council or a National Park authority (whether or not that person is also a member of, or a member of the staff of, a corporate joint committee)”;
- (e) in subsection (5)—
- (i) for “a principal council” there were substituted “an authority mentioned in paragraph (a), (b) or (c) of section 98(1)”;
- (ii) for “council”, in each place it appears in paragraphs (a), (b) and (c), there were substituted “authority”;
- (iii) after paragraph (c) there were inserted—
> (d) if the authority to which the notice is to be given is a corporate joint committee—
> (i) leaving the notice at the principal office of a constituent council of the corporate joint committee;
> (ii) 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 a constituent council of the corporate joint committee.
;
- (f) in subsection (6)—
- (i) for “member of a principal council or a member of the staff of a principal council” there were substituted “member of, or a member of the staff of, a principal council or a National Park authority (whether or not that person is also a member of, or a member of the staff of, a corporate joint committee)”;
- (ii) in paragraphs (a) and (b), for “council” there were substituted “principal council or National Park authority”;
- (g) in subsection (7), for “member of a principal council or a member of the staff of a principal council” there were substituted “member of, or a member of the staff of, a principal council or a National Park authority”.
##### 12
Section 101(5)(b) is to be read as if for “principal councils” there were substituted “corporate joint committees”.
##### 13
Section 103 is to be read as if—
- (a) for subsection (1) there were substituted—
> (1) The Welsh Ministers may direct an authority mentioned in subsection (1A) to provide a corporate joint committee (“*the supported corporate joint committee*”) with such support and assistance as the Welsh Ministers consider appropriate to increase the extent to which the supported corporate joint committee meets the performance requirements.
> (1A) The authorities mentioned in this subsection are—
> (a) a corporate joint committee;
> (b) a principal council.
;
- (b) in subsection (3), for “both councils” there were substituted “the authority to which the Welsh Ministers are proposing to give the direction and the supported corporate joint committee”;
- (c) in subsection (4)—
- (i) for “a principal council” there were substituted “an authority”;
- (ii) for “supported council”, in each place it appears there were substituted “supported corporate joint committee”.
##### 14
Section 104(2)(a) is to be read as if for “another council” there were substituted “another authority”.
##### 15
Section 105 is to be read as if—
- (a) in subsection (1)—
- (i) for “principal council (“the supported council”)” there were substituted “corporate joint committee (“*the supported corporate joint committee*”)”;
- (ii) in paragraph (b), for “a principal council” there were substituted “an authority”;
- (iii) for “to the supported council” there were substituted “to the supported corporate joint committee”;
- (b) in subsections (2), (3) and (4), for “council”, in each place it appears, there were substituted “corporate joint committee”;
- (c) in subsection (5), for “a principal council” there were substituted “an authority”.
##### 16
Section 108 is to be read as if, for subsections (1) to (3), there were substituted—
> (1) Regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (arrangements for the discharge of functions) does not apply to the functions of a corporate joint committee mentioned in subsection (4).
##### 17
Section 112 is to be read as if, in the appropriate place, were inserted—
> - “*constituent council*” (“**cyngor cyfansoddol**”), in relation to a particular corporate joint committee, means a constituent council as set out in the regulations under Part 5 establishing the corporate joint committee;
.
#### Job-sharing: executive leaders and executive members
#### Job-sharing: non-executive offices in principal councils
#### Duty of standards committee to make annual report
#### Power to require authorities to appoint joint overview and scrutiny committees
#### Community council training plans
#### Terms used in Part
#### Requirement to supply to billing authorities information relevant to determining liability to non-domestic rates
#### Multipliers
#### Amendment of Chapter 3 of Part 5 of the Local Government Finance Act 1988
#### Information sharing between regulators, the Auditor General for Wales and the Welsh Ministers
#### Amendment of the Public Audit (Wales) Act 2004 consequential on section 159
#### Abolition of polls consequent on a community meeting
#### Directions under section 48 of the 2013 Act
#### Performance and governance of fire and rescue authorities
#### National Park authorities: disapplication of the 2009 Measure
#### Interpretation
2021-01-20
Local Government and Elections (Wales) Act 2021
original version
Text at this date