Local Government (Wales) Measure 2011

Directions requiring the adoption of model charter agreements

131

• (1) The Welsh Ministers may by direction require a local authority and a community council for a community or communities within the authority's area to adopt a model charter agreement set out in an order under section 130(1).

• (2) In subsection (1), “adopt” means resolve, in accordance with any procedure specified in the direction, to exercise functions, or to seek agreement as to how to exercise functions, in accordance with—

• (a) all the provisions of the model charter agreement, or

• (b) those provisions specified in the direction.

• (3) A direction under subsection (1) may—

• (a) relate to all, or any one or more, of the community councils for communities within the area of the local authority, and

• (b) if the direction relates to more than one community council, make different provision in relation to different councils.

• (4) A direction under subsection (1) is enforceable by mandatory order on the application of the Welsh Ministers.

Guidance about model charter agreements

132

A local authority and a community council must, in acting under a direction under section 131(1), have regard to guidance given by the Welsh Ministers.

Consultation

133

• (1) The Welsh Ministers must, before making an order under section 130(1), consult—

• (a) such bodies representative of local authorities and community councils as the Welsh Ministers consider it appropriate to consult, and

• (b) such other persons as the Welsh Ministers consider it appropriate to consult.

• (2) The Welsh Ministers must, before giving a direction under section 131(1), consult the authority and council to which the direction relates.

CHAPTER 9 — SCHEMES FOR THE ACCREDITATION OF QUALITY IN COMMUNITY GOVERNMENT

Schemes for the accreditation of quality in community government

134

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accreditation of quality in community government: criteria

135

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accreditation of quality in community government: applications

136

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accreditation of quality in community government: fees

137

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accreditation of quality in community government: removal of accreditation

138

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for accreditation of quality in community government: delegation of functions

139

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accreditation of quality in community government: consequences

140

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PART 8 — ...PAYMENTS AND PENSIONS

The Independent Remuneration Panel for Wales

The Panel

141

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Principal functions of the Panel

Functions relating to payments to members

142

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Functions relating to members' pensions

143

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions relating to remuneration of chief executives

143A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relevant authorities, members etc.

144

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports by the Panel

Annual reports

145

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

First annual report

146

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subsequent annual reports

147

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation on draft reports

148

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Directions to vary draft reports

149

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Administrative requirements in reports

150

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Publicity requirements in reports

151

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publicising reports

152

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payments by relevant authorities

Compliance with Panel's requirements

153

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Members wishing to forgo payments

154

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Withholding payments

155

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement

Directions to comply with requirements

156

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

Guidance

157

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to modify provision about Panel

158

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Part 8

159

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential amendments

160

Schedule 3 (payments and pensions: minor and consequential amendments) has effect.

PART 9 — COLLABORATION AND AMALGAMATION

CHAPTER 1 — COLLABORATION

Guidance about collaboration between Welsh improvement authorities

161

After section 12 of the Local Government (Wales) Measure 2009 insert the following—

(12A) In deciding whether and how to exercise its functions under sections 9(1) and 12, a Welsh improvement authority must have regard to any guidance issued by the Welsh Ministers.

.

CHAPTER 2 — AMALGAMATION

Power to make amalgamation order

162

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electoral matters

163

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to hold a referendum involving an elected mayor

164

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to direct a referendum involving an elected mayor

165

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary, incidental, consequential, transitional and saving provision

166

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review of electoral arrangements

167

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments to the Local Government Act 1972

168

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure applicable to an amalgamation order

169

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Correction of orders

170

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of this Chapter

171

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 10 — GENERAL

Orders and regulations

172

• (1) Any power of the Welsh Ministers to make an order or regulations under this Measure is exercisable by statutory instrument.

• (2) A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales—

• (a) regulations under section 9(1)(i) ... ... or Part 2;

• (b) an order under section ...158 ...;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) an order under section 177 that contains modifications of an enactment (other than an enactment contained in subordinate legislation).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Any other statutory instrument containing an order or regulations under this Measure, apart from an instrument containing only an order under section 178 (commencement), is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (5) Any power of the Welsh Ministers under this Measure to apply an enactment is a power to apply it with or without modifications.

• (6) Any power of the Welsh Ministers to make an order or regulations under this Measure includes (but is not limited to) power—

• (a) to make different provision for different cases, different purposes, or different geographical areas;

• (b) to make provision generally or in relation to specific cases;

• (c) to make such supplementary, transitional, transitory, consequential, saving, incidental and other provision as the Welsh Ministers consider necessary or appropriate.

Procedure applicable to certain orders under section 127

173

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance and directions

174

• (1) Any power of the Welsh Ministers to give guidance under this Measure includes power to vary or revoke guidance given.

• (2) Any power of the Welsh Ministers to give directions under this Measure includes power to vary or revoke directions given.

• (3) Any power of the Welsh Ministers to give guidance or directions under this Measure includes power—

• (a) to make different provision for different cases, different purposes, or different geographical areas;

• (b) to make provision generally or in relation to specific cases.

• (4) Subsections (1) to (3) do not limit the powers under this Measure to give guidance or directions.

Interpretation

175

In this Measure—

• “corporate joint committee” (“cyd-bwyllgor corfforedig”) means a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;

• “enactment” (“deddfiad”) includes—an enactment whenever passed or made,an enactment contained in this Measure, andprovision contained in subordinate legislation (within the meaning of the Interpretation Act 1978);

• “local authority” (“awdurdod lleol”) means a county borough council or county council in Wales;

• “modifications” (“addasiadau”) includes (but is not limited to) amendments, repeals and revocations.

• “prescribed” (“rhagnodedig”) means prescribed in regulations made by the Welsh Ministers.

Consequential amendments and repeals

176

• (1) In section 106 of the Local Government Act 2000 (Wales), after subsection (4) insert—

(5) The power of the Welsh Ministers to make an order under section 21A(13)(b) or section 21G is exercisable by statutory instrument. (6) A statutory instrument which contains an order made by the Welsh Ministers under section 21A(13)(b) is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (7) A statutory instrument which contains an order under section 21G may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

.

• (2) Schedule 4 (repeals and revocations) has effect.

• (3) The revocation of the Local Authorities (Allowances for Members) (Wales) Regulations 2007 (S.I. 2007/1086), by subsection (2), does not affect the power of the Panel to prescribe matters in relation to a scheme made under Part 2 of those Regulations where that scheme operates during any part of the financial year beginning 1 April 2011 (and for this purpose “Panel” and “financial year” have the same meanings as in Part 8 of this Measure).

Power to make supplementary provision

177

• (1) The Welsh Ministers may, by order, make such supplementary, incidental, consequential, transitional, transitory and saving provision as they consider appropriate in connection with this Measure.

• (2) The provision that may be made under subsection (1) includes (but is not limited to) modifications of any enactment.

• (3) The modifications that may be made by virtue of subsection (2) are in addition to those made by or which may be made under any other provision of this Measure.

Commencement

178

• (1) The following provisions come into force on the day after the day on which this Measure is approved by Her Majesty in Council—

• (a) sections 58, 77, 79, 80 and 159;

• (b) this Part (except section 176);

• (c) Part E of Schedule 4 (and section 176(2) in so far as it relates to Part E of Schedule 4).

• (2) The following provisions come into force at the end of the period of two months beginning with the day on which this Measure is approved by Her Majesty in Council—

• (a) Parts 3 and 4;

• (b) sections 55 and 76;

• (c) Chapters 2 to 9 of Part 7;

• (d) Parts B and C of Schedule 4 (and section 176(2) in so far as it relates to Parts B and C of Schedule 4).

• (3) Subject to subsections (1) and (2), this Measure comes into force in accordance with provision made by the Welsh Ministers by order.

Short title

179

This Measure may be cited as the Local Government (Wales) Measure 2011.

SCHEDULE 1

PART 1 — GENERAL PROVISIONS

Introduction

1

This Schedule applies to a local authority if it is required by section 35 to change from alternative arrangements to executive arrangements.

Proposals for moving to executive arrangements

2

• (1) The local authority must draw up, and approve by resolution, proposals to change from alternative to executive arrangements.

• (2) In drawing up the proposals, the local authority must consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority's functions are exercised, having regard to a combination of economy, efficiency and effectiveness.

• (3) The local authority must send the Welsh Ministers—

• (a) a copy of the proposals that it has approved, and

• (b) (with the copy of the proposals) a statement which describes the reasons why the authority considers that its proposals would be likely, if implemented, to ensure that decisions of the authority are taken in an efficient, transparent and accountable way.

• (4) The local authority must comply with sub-paragraphs (1) and (3) within the period of six months beginning with the day on which section 35 comes into force.

Contents of proposals

3

A local authority's proposals must include all of the following—

• (a) a statement of the extent to which functions specified in regulations under section 13(3)(b) of the Local Government Act 2000 are to be the responsibility of the executive under the proposed executive arrangements,

• (b) a timetable with respect to the implementation of the proposals, and

• (c) details of any transitional arrangements which are necessary for the implementation of the proposals.

Referendums

4

• (1) If the proposed form of executive is a mayor and cabinet executive, the proposals must provide for the change to executive arrangements to be subject to approval in a referendum.

• (2) If the proposed form of executive is a leader and cabinet executive (Wales), the proposals may not provide for the change to executive arrangements to be subject to approval in a referendum.

• (3) Section 45 of the Local Government Act 2000 (provisions with respect to referendums) has effect as if subsection (9) included a reference to a referendum on a change from alternative arrangements to executive arrangements in accordance with section 35.

Timetable for implementation of change to leader and cabinet executive (Wales)

5

• (1) This paragraph applies to a local authority's proposals if the proposed form of executive is a leader and cabinet executive (Wales).

• (2) The timetable with respect to the implementation of the proposals must be such as to ensure that the local authority makes the change to executive arrangements no later than the end of the period of six months beginning with the day on which the local authority sends the Welsh Ministers the copy of the proposals.

Timetable for implementation of change to mayor and cabinet executive

6

• (1) This paragraph applies to a local authority's proposals if the proposed form of executive is a mayor and cabinet executive (and accordingly is subject to approval in a referendum).

• (2) The timetable with respect to the implementation of the proposals must comply with sub-paragraphs (3) and (4).

• (3) The timetable must be such as to secure that the local authority will hold the referendum within the period that—

• (a) begins two months after, and

• (b) ends six months after,

the day on which the local authority sends the Welsh Ministers the copy of the proposals.

• (4) The timetable must be such as to secure that, if the result of the referendum is to approve the change to executive arrangements, the local authority will make that change within the period of six months beginning with the day on which the referendum is held.

Publicity for proposals

7

• (1) This paragraph applies to a local authority which has approved proposals by a resolution.

• (2) The local authority must secure that copies of a document setting out the provisions of the proposed executive arrangements are available at its principal office for inspection by members of the public at all reasonable times.

• (3) The local authority must publish a notice which—

• (a) states that the local authority has resolved to operate the proposed executive arrangements,

• (b) if the proposed form of executive is a mayor and cabinet executive, states—

• (i) that it is subject to approval in a referendum, and

• (ii) the date of the referendum,

• (c) states the date on which the local authority intends to begin operating those arrangements,

• (d) describes the main features of those arrangements,

• (e) states that copies of a document setting out the provisions of those arrangements are available at the local authority's principal office for inspection by members of the public at such times as may be specified in the notice, and

• (f) specifies the address of the local authority's principal office.

• (4) The local authority must comply with sub-paragraphs (2) and (3) as soon as practicable after its passes the resolution approving the proposals.

Implementing proposals

8

• (1) A local authority must implement its proposals in accordance with the timetable included in the proposals.

• (2) But if the proposed form of executive—

• (a) is a mayor and cabinet executive, and

• (b) is not approved in the referendum on the change to that form of executive,

the local authority must not implement the change.

PART 2 — OTHER PROVISIONS APPLICABLE WHERE REFERENDUM REQUIRED

Outline fall-back proposals in case referendum rejects change

9

• (1) This paragraph applies to a local authority if the proposed form of executive is a mayor and cabinet executive (and accordingly is subject to approval in a referendum).

• (2) The local authority must draw up, and approve by resolution, an outline of the fall-back proposals (“outline fall-back proposals”) that it intends to implement if the proposals to change to a mayor and cabinet executive are rejected in the referendum.

• (3) Fall-back proposals are proposals for making a change to executive arrangements that provide for a leader and cabinet executive (Wales).

• (4) Paragraph 2(2) applies to the outline fall-back proposals as it applies to proposals under that paragraph.

• (5) The outline fall-back proposals must include a timetable with respect to the implementation (in accordance with paragraph 11) of detailed fall-back proposals in the event that the change to the mayor and cabinet executive is not approved in the referendum.

• (6) The local authority must comply with sub-paragraph (2) at the time it complies with paragraph 2(1).

• (7) The local authority must send the Welsh Ministers a copy of the outline fall-back proposals that it has approved.

• (8) The local authority must comply with sub-paragraph (7) at the time it complies with paragraph 2(3).

Action if referendum rejects change

10

• (1) This paragraph applies to a local authority if—

• (a) the proposed form of executive is a mayor and cabinet executive, and

• (b) is not approved in the referendum on the change to that form of executive.

• (2) The local authority must publish a notice which—

• (a) summarises the local authority's proposals which were the subject of the referendum,

• (b) states that a referendum on the local authority's proposals rejected those proposals,

• (c) sets out the local authority's outline fall-back proposals, and

• (d) states that, under the outline fall-back proposals, the local authority intends to operate a leader and cabinet executive (Wales).

• (3) The local authority must comply with sub-paragraph (2) as soon as practicable after the referendum.

• (4) The local authority must draw up, and approve by resolution, detailed fall-back proposals which are based on the outline fall-back proposals.

• (5) Paragraphs 2(2), 3 and 7(2) and (3) apply to the detailed fall-back proposals as they apply to proposals under paragraph 2.

• (6) The local authority must send a copy of the detailed fall-back proposals to the Welsh Ministers.

• (7) The local authority must comply with sub-paragraph (6) within the period of two months beginning with day of the referendum.

Timetable for implementation of detailed fall-back proposals

11

The timetable with respect to the implementation of the detailed fall-back proposals must be such as to secure that the local authority makes the change to the leader and cabinet executive (Wales) no later than the end of the period of six months beginning with the day on which the local authority sends the Welsh Ministers the copy of the proposals.

Implementing detailed fall-back proposals

12

The local authority must implement its detailed fall-back proposals in accordance with the timetable included in the proposals.

PART 3 — MISCELLANEOUS

Failure to cease operating alternative arrangements

13

• (1) This paragraph applies if it appears to the Welsh Ministers that a local authority will fail to cease operating alternative arrangements and start operating executive arrangements in accordance with section 35.

• (2) The Welsh Ministers may, by order, provide for the local authority to—

• (a) cease to operate alternative arrangements, and

• (b) start to operate executive arrangements of a form specified by the Welsh Ministers (“default executive arrangements”).

• (3) Default executive arrangements are to be treated as having been made by the local authority itself.

• (4) Paragraphs 7(2) and (3)(c) to (e) apply to default executive arrangements as they apply to executive arrangements in proposals under paragraph 2.

• (5) The local authority must comply with those provisions of paragraph 7 (as they apply by virtue of sub-paragraph (4)) as soon as practicable after the order providing for the default executive arrangements is made by the Welsh Ministers.

Arrangements to be treated as operated after passing of resolution

14

Executive arrangements which come into operation in accordance with section 35 and this Schedule are to be treated as being operated after the passing of a resolution of the local authority under section 38.

Interpretation

15

In this Schedule—

• “change to executive arrangements” (“newid i drefniadau gweithrediaeth”) means the change to executive arrangements proposed in proposals or in fall-back proposals;

• “detailed fall-back proposals” (“cynigion manwl wrth gefn”) means proposals under paragraph 10(4);

• “fall-back proposals” (“cynigion wrth gefn”) has the meaning given in paragraph 9(3);

• “outline fall-back proposals” (“cynigion amlinellol wrth gefn”) means proposals under paragraph 9(2);

• “proposals” (“cynigion”) (except in relation to fall-back proposals) means proposals under paragraph 2;

• “proposed form of executive” (“ffurf arfaethedig ar weithrediaeth”) means the form of executive which a local authority is, in proposals under paragraph 2, or in fall-back proposals, proposing to begin operating.

SCHEDULE 2

Membership

1

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Tenure

2

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Meetings

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Expenses, administrative support etc.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3

Local Government Act 1972

1

• (1) The Local Government Act 1972 is amended as follows.

• (2) In section 94(5) (local authority allowances not to count as pecuniary interest for purposes of prohibiting voting where member has pecuniary interest), after “1989” insert “ or under any provision of Part 8 of the Local Government (Wales) Measure 2011 ”.

• (3) Sections 173 to 178 (allowances for members) cease to have effect.

• (4) In section 246(16) (application of provisions about local authority allowances to charter trustees), after “above” insert “ and (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011 ”.

• (5) In section 249(4)(b) (allowance not payable for attendance by honorary aldermen at civic ceremonies), at the end insert “ or Part 8 of the Local Government (Wales) Measure 2011 ”.

Local Government and Housing Act 1989

2

• (1) Section 18 of the Local Government and Housing Act 1989 (schemes for allowances for local authority members) is amended as follows.

• (2) Omit subsections (1) to (3), (3B), (3D), (3E) and (3G) to (6).

• (3) For subsection (3A) (power of Welsh Ministers to make regulations enabling local authorities to determine entitlement to gratuities), substitute—

(3A) Regulations may be made by the Welsh Ministers to make provision for or in connection with— (a) enabling county councils or county borough councils to determine which members of the council are to be entitled to gratuities, (b) treating such payments relating to relevant matters (within the meaning of Part 8 of the Local Government (Wales) Measure 2011) as may be specified in the regulations as amounts in respect of which such gratuities are payable.

.

Environment Act 1995

3

In paragraph 11 of Schedule 7 to the Environment Act 1995 (application of provisions about local authority allowances to National Park authorities), omit sub-paragraphs (1) and (2).

School Standards and Framework Act 1998

4

• (1) The School Standards and Framework Act 1998 is amended as follows.

• (2) In section 94(5C) (power to apply provisions about local authority allowances to admission appeal panels), after “1972” insert “ or (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011 ”.

• (3) In section 95(3B) (power to apply provisions about local authority allowances to admission appeal panels in case of pupils excluded from two or more schools), after “1972” insert “ or (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011 ”.

Local Government Act 2000

5

• (1) The Local Government Act 2000 is amended as follows.

• (2) In section 99(1) (power to make provision about allowances etc. in regulations about local government pensions), at the end insert “; and for the purposes of the application of this subsection to Wales, the reference to pensions and allowances is to be ignored.”

• (3) Section 100 (power of Welsh Ministers to make provision about local authority allowances) ceases to have effect.

Education Act 2002

6

In section 52(6) of the Education Act 2002 (power to apply provisions about local authority allowances to panels dealing with exclusion of pupils), after “1972 (c. 70)” insert “ or (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011 ”.

Education and Skills Act 2008

7

In section 48(4) of the Education and Skills Act 2008 (power to apply provisions about local authority allowances to attendance panels), after “1972 (c. 70)” insert “ or (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011 ”.

SCHEDULE 4

PART A: — STRENGTHENING LOCAL DEMOCRACY (PART 1 OF THE MEASURE)

PART B: — AVAILABLE GOVERNANCE ARRANGEMENTS (PART 3 OF THE MEASURE)

PART C: — CHANGES TO EXECUTIVE ARRANGEMENTS (PART 4 OF THE MEASURE)

PART D: — OVERVIEW AND SCRUTINY (PART 6 OF THE MEASURE)

PART E: — COMMUNITIES AND COMMUNITY COUNCILS (PART 7 OF THE MEASURE)

PART F: — MEMBERS: PAYMENTS AND PENSIONS (PART 8 OF THE MEASURE)

Editorial notes