LegalizeReform history
Local Government Act 1972
100 versions
· 1972-10-26
2026-04-14
Local Government Act 1972
2026-03-26
Local Government Act 1972
2026-03-25
Local Government Act 1972
2026-03-10
Local Government Act 1972
2026-02-27
Local Government Act 1972
2026-02-24
Local Government Act 1972
2026-02-20
Local Government Act 1972
2025-12-15
Local Government Act 1972
2025-11-27
Local Government Act 1972
2025-09-19
Local Government Act 1972
2025-09-12
Local Government Act 1972
2025-09-10
Local Government Act 1972
2025-04-24
Local Government Act 1972
2025-04-15
Local Government Act 1972
2025-03-04
Local Government Act 1972
2025-02-05
Local Government Act 1972
Changes on 2025-02-05
@@ -4,7 +4,7 @@
### New local government areas
#### Constitution of principal councils in England.
#### New local government areas in England.
##### 1
@@ -312,7 +312,7 @@
- (b) in the case of separation of one or more parishes from the group, each parish that is separated.
#### Parishes: alternative styles
#### Provision supplementary to sections 9 to 11.
##### 12
@@ -1202,7 +1202,7 @@
### Qualifications and disqualifications
#### Principal council's response to a community poll
#### Consultation with community councils.
##### 79
@@ -1288,7 +1288,7 @@
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Local Government Boundary Commission for Wales.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 81
@@ -2163,7 +2163,7 @@
- (1F) A combined county authority may not arrange for the discharge of any functions under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority.
- (1G) In subsection [(1F)](#p29873) “*mayoral function*” has the meaning given by [section 41](https://www.legislation.gov.uk/ukpga/1972/70/section/41/2024-11-09)[(8)](https://www.legislation.gov.uk/ukpga/1972/70/section/41/8/2024-11-09) of the Levelling-up and Regeneration Act 2023.
- (1G) In subsection [(1F)](#p29873) “*mayoral function*” has the meaning given by [section 41](https://www.legislation.gov.uk/ukpga/1972/70/section/41/2025-02-05)[(8)](https://www.legislation.gov.uk/ukpga/1972/70/section/41/8/2025-02-05) of the Levelling-up and Regeneration Act 2023.
- (2) Where by virtue of this section any functions of a local authority may be discharged by a committee of theirs, then, unless the local authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority and where by virtue of this section any functions of a local authority may be discharged by a sub-committee of the authority, then, unless the local authority or the committee otherwise direct, the sub-committee may arrange for the discharge of any of those functions by an officer of the authority.
@@ -2187,13 +2187,13 @@
- (a) section 107E of the Local Democracy, Economic Development and Construction Act 2009 (joint exercise of general functions) , or
- (b) section [32](https://www.legislation.gov.uk/ukpga/1972/70/section/32/2024-11-09) of the Levelling-up and Regeneration Act 2023 (joint exercise of general functions).
- (b) section [32](https://www.legislation.gov.uk/ukpga/1972/70/section/32/2025-02-05) of the Levelling-up and Regeneration Act 2023 (joint exercise of general functions).
- (5E) In subsection (5C), “*general functions*”—
- (a) in relation to a combined authority, has the meaning given in section 107D(2) of the Local Democracy, Economic Development and Construction Act 2009;
- (b) in relation to a combined county authority, has the meaning given in section [30](https://www.legislation.gov.uk/ukpga/1972/70/section/30/2024-11-09)[(2)](https://www.legislation.gov.uk/ukpga/1972/70/section/30/2/2024-11-09) of the Levelling-up and Regeneration Act 2023.
- (b) in relation to a combined county authority, has the meaning given in section [30](https://www.legislation.gov.uk/ukpga/1972/70/section/30/2025-02-05)[(2)](https://www.legislation.gov.uk/ukpga/1972/70/section/30/2/2025-02-05) of the Levelling-up and Regeneration Act 2023.
- (6) A local authority’s functions with respect to levying, or issuing a precept for, a rate ... shall be discharged only by the authority.
@@ -2821,7 +2821,7 @@
### Premises and contracts
#### Disposal of land by principal councils.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 132
@@ -3281,7 +3281,7 @@
- (1ZE) Neither an economic prosperity board, nor a combined authority, is to be treated as a local authority for the purposes of section 111 above (but see section 113A of the Local Democracy, Economic Development and Construction Act 2009).
- (1ZEA) A combined county authority is not to be treated as a local authority for the purposes of section 111 (but see section [49](https://www.legislation.gov.uk/ukpga/1972/70/section/49/2024-11-09) of the Levelling-up and Regeneration Act 2023).
- (1ZEA) A combined county authority is not to be treated as a local authority for the purposes of section 111 (but see section [49](https://www.legislation.gov.uk/ukpga/1972/70/section/49/2025-02-05) of the Levelling-up and Regeneration Act 2023).
- (1ZF) The London Fire Commissioner is not to be treated as a local authority for the purposes of section 135.
@@ -3823,7 +3823,7 @@
### Miscellaneous functions
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Public transport in passenger transport areas.
##### 196
@@ -3919,7 +3919,7 @@
- (k) in Schedule 2, in paragraph 2(1), the words from “but except” onwards shall cease to have effect.
#### Savings.
#### Repeals.
##### 209
@@ -15494,6 +15494,46 @@
[^key-b17cf38dedc610a79f03a3076bd103eb]: [S. 245B(7A)](https://www.legislation.gov.uk/ukpga/1972/70/section/245B/7A) inserted (9.11.2024) by [Elections and Elected Bodies (Wales) Act 2024 (asc 5)](https://www.legislation.gov.uk/asc/2024/5), [ss. 52(2)](https://www.legislation.gov.uk/asc/2024/5/section/52/2), [72(2)(a)](https://www.legislation.gov.uk/asc/2024/5/section/72/2/a) (with [s. 55](https://www.legislation.gov.uk/asc/2024/5/section/55))
[^key-c6591c0d6e8ae4f2473ba92df0e24fc4]: [S. 142(2)](https://www.legislation.gov.uk/ukpga/1972/70/section/142/2) modified (5.2.2025) by [The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113)](https://www.legislation.gov.uk/uksi/2025/113), [arts. 1(2)](https://www.legislation.gov.uk/uksi/2025/113/article/1/2), [28(1)](https://www.legislation.gov.uk/uksi/2025/113/article/28/1)
[^key-47c0f9e03ba9d4c7dc18f3cf74878edb]: [S. 142(2)](https://www.legislation.gov.uk/ukpga/1972/70/section/142/2) modified (5.2.2025) by [The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115)](https://www.legislation.gov.uk/uksi/2025/115), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2025/115/regulation/1/2), [18](https://www.legislation.gov.uk/uksi/2025/115/regulation/18)
[^key-5c1df22e37faa94ad7ceb8c66b7b0826]: [S. 142(2)](https://www.legislation.gov.uk/ukpga/1972/70/section/142/2) modified (5.2.2025) by [The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117)](https://www.legislation.gov.uk/uksi/2025/117), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2025/117/regulation/1/2), [30](https://www.legislation.gov.uk/uksi/2025/117/regulation/30)
[^key-7dc9cc5d8e7aa4cfcde4d2e2f9bea1ed]: [S. 142(2)](https://www.legislation.gov.uk/ukpga/1972/70/section/142/2) modified (5.2.2025) by [The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118)](https://www.legislation.gov.uk/uksi/2025/118), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2025/118/regulation/1/2), [20](https://www.legislation.gov.uk/uksi/2025/118/regulation/20)
[^key-4d8377f5f3694e05dc62e11b016d2fd0]: [S. 113](https://www.legislation.gov.uk/ukpga/1972/70/section/113) modified (5.2.2025) by [The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113)](https://www.legislation.gov.uk/uksi/2025/113), [arts. 1(2)](https://www.legislation.gov.uk/uksi/2025/113/article/1/2), [28(1)](https://www.legislation.gov.uk/uksi/2025/113/article/28/1)
[^key-47cfbab1608a9063a599ea46c90b3b90]: [S. 113](https://www.legislation.gov.uk/ukpga/1972/70/section/113) modified (5.2.2025) by [The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115)](https://www.legislation.gov.uk/uksi/2025/115), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2025/115/regulation/1/2), [18](https://www.legislation.gov.uk/uksi/2025/115/regulation/18)
[^key-f74a5d55e266e2ff5702cf5e6d5d0c8f]: [S. 113](https://www.legislation.gov.uk/ukpga/1972/70/section/113) modified (5.2.2025) by [The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117)](https://www.legislation.gov.uk/uksi/2025/117), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2025/117/regulation/1/2), [30](https://www.legislation.gov.uk/uksi/2025/117/regulation/30)
[^key-f1c1d4412b919d03343d618b06f229d3]: [S. 113](https://www.legislation.gov.uk/ukpga/1972/70/section/113) modified (5.2.2025) by [The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118)](https://www.legislation.gov.uk/uksi/2025/118), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2025/118/regulation/1/2), [20](https://www.legislation.gov.uk/uksi/2025/118/regulation/20)
[^key-5f028c59ec28bba5d61201703863e455]: [S. 145](https://www.legislation.gov.uk/ukpga/1972/70/section/145) modified (5.2.2025) by [The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113)](https://www.legislation.gov.uk/uksi/2025/113), [arts. 1(2)](https://www.legislation.gov.uk/uksi/2025/113/article/1/2), [28(1)](https://www.legislation.gov.uk/uksi/2025/113/article/28/1)
[^key-e9bde287efef8a3c828623bfb5ec8daa]: [S. 145](https://www.legislation.gov.uk/ukpga/1972/70/section/145) modified (5.2.2025) by [The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115)](https://www.legislation.gov.uk/uksi/2025/115), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2025/115/regulation/1/2), [18](https://www.legislation.gov.uk/uksi/2025/115/regulation/18)
[^key-8ddc41edd4f7807899d4ae584abfae0a]: [S. 145](https://www.legislation.gov.uk/ukpga/1972/70/section/145) modified (5.2.2025) by [The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117)](https://www.legislation.gov.uk/uksi/2025/117), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2025/117/regulation/1/2), [30](https://www.legislation.gov.uk/uksi/2025/117/regulation/30)
[^key-e1d528655780fbaa337521539f047a7f]: [S. 145](https://www.legislation.gov.uk/ukpga/1972/70/section/145) modified (5.2.2025) by [The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118)](https://www.legislation.gov.uk/uksi/2025/118), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2025/118/regulation/1/2), [20](https://www.legislation.gov.uk/uksi/2025/118/regulation/20)
[^key-afdde7d2a1e0f5dd8d2c1d393da397a4]: [S. 144](https://www.legislation.gov.uk/ukpga/1972/70/section/144) modified (5.2.2025) by [The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113)](https://www.legislation.gov.uk/uksi/2025/113), [arts. 1(2)](https://www.legislation.gov.uk/uksi/2025/113/article/1/2), [28(1)](https://www.legislation.gov.uk/uksi/2025/113/article/28/1)
[^key-a03e3f9886c0465084f033f171005c84]: [S. 144](https://www.legislation.gov.uk/ukpga/1972/70/section/144) modified (5.2.2025) by [The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115)](https://www.legislation.gov.uk/uksi/2025/115), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2025/115/regulation/1/2), [18](https://www.legislation.gov.uk/uksi/2025/115/regulation/18)
[^key-8cf5cf585046b80acada834e30e72b6a]: [S. 144](https://www.legislation.gov.uk/ukpga/1972/70/section/144) modified (5.2.2025) by [The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117)](https://www.legislation.gov.uk/uksi/2025/117), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2025/117/regulation/1/2), [30](https://www.legislation.gov.uk/uksi/2025/117/regulation/30)
[^key-167d225d26e476196788865509c717ab]: [S. 144](https://www.legislation.gov.uk/ukpga/1972/70/section/144) modified (5.2.2025) by [The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118)](https://www.legislation.gov.uk/uksi/2025/118), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2025/118/regulation/1/2), [20](https://www.legislation.gov.uk/uksi/2025/118/regulation/20)
[^key-26d3ad3d953281557ec6069948352c63]: [S. 222](https://www.legislation.gov.uk/ukpga/1972/70/section/222) modified (5.2.2025) by [The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113)](https://www.legislation.gov.uk/uksi/2025/113), [arts. 1(2)](https://www.legislation.gov.uk/uksi/2025/113/article/1/2), [28(1)](https://www.legislation.gov.uk/uksi/2025/113/article/28/1)
[^key-ee3eb1ea47fa951179852eacfc580675]: [S. 222](https://www.legislation.gov.uk/ukpga/1972/70/section/222) modified (5.2.2025) by [The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115)](https://www.legislation.gov.uk/uksi/2025/115), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2025/115/regulation/1/2), [18](https://www.legislation.gov.uk/uksi/2025/115/regulation/18)
[^key-660fd15e24d7770d9b8f5866ed77286a]: [S. 222](https://www.legislation.gov.uk/ukpga/1972/70/section/222) modified (5.2.2025) by [The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117)](https://www.legislation.gov.uk/uksi/2025/117), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2025/117/regulation/1/2), [30](https://www.legislation.gov.uk/uksi/2025/117/regulation/30)
[^key-f393a2dc955f36ff08623093f415b9f0]: [S. 222](https://www.legislation.gov.uk/ukpga/1972/70/section/222) modified (5.2.2025) by [The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118)](https://www.legislation.gov.uk/uksi/2025/118), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2025/118/regulation/1/2), [20](https://www.legislation.gov.uk/uksi/2025/118/regulation/20)
[^M_F_098e5744-1a2a-4733-97dd-fcd8f9dcee4e]: Words in s. 233(11) repealed (1.4.2002) by [2001 c. 16](https://www.legislation.gov.uk/ukpga/2001/16), [s. 137](https://www.legislation.gov.uk/ukpga/2001/16/section/137), [Sch. 6 para. 31](https://www.legislation.gov.uk/ukpga/2001/16/schedule/6/paragraph/31), [Sch. 7 Pt. 5(1)](https://www.legislation.gov.uk/ukpga/2001/16/schedule/7/part/5/1); [S.I. 2002/344](https://www.legislation.gov.uk/uksi/2002/344), [art. 3(j)(m)](https://www.legislation.gov.uk/uksi/2002/344/article/3/j) (with transitional provisions in [art. 4](https://www.legislation.gov.uk/uksi/2002/344/article/4))
[^M_E_1e1fc94c-04fb-4bd4-de1f-78b87da328ca]: This version of this provision applies to England only; a separate version has been created for Wales only
@@ -15530,1302 +15570,1302 @@
#### Local Government Boundary Commission for Wales.
#### Disqualifications for election and holding office as member of a local authority in England.
#### Qualifications for election and holding office as member of local authority.
#### Exceptions to provisions of section 80.
#### Inspection and publication of minutes and other documents after meetings.
#### Inspection and publication of background papers.
#### Temporary appointment of members of parish and community councils.
#### Principal councils to publish additional information.
#### Supplemental provisions and offences.
#### Inspection of records relating to functions exercisable by members
#### Local highway authorities and maintenance powers of district councils.
#### Interpretation and application of Part VA.
#### Security to be taken in relation to officers.
#### Accountability of officers.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Consents to land transactions by local authorities and protection of purchasers.
#### Traffic and transportation functions.
#### Ordnance survey.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Fire services.
#### Public transport in passenger transport areas.
#### Public notices.
#### Charities.
#### Maintenance of a closed churchyard.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Inspection of records relating to functions exercisable by members
#### Additional rights of access to documents for members of principal councils.
#### Accountability of officers.
#### Interpretation and application of Part VA.
#### Security to be taken in relation to officers.
#### Accountability of officers.
#### Ordnance survey.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Local highway authorities and maintenance powers of district councils.
#### Ordnance survey.
#### Fire services.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Fire services.
#### Public transport in passenger transport areas.
#### Charities.
#### Cemeteries and crematoria.
#### Maintenance of a closed churchyard.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Honorary titles.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to direct inquiries.
#### Savings.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Repeals.
#### Maintenance of a closed churchyard.
## PART 1 — DESCRIPTIONS OF EXEMPT INFORMATION: ENGLAND
##### 1
Information relating to any individual.
##### 2
Information which is likely to reveal the identity of an individual.
##### 3
Information relating to the financial or business affairs of any particular person (including the authority holding that information).
##### 4
Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.
##### 5
Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
##### 6
Information which reveals that the authority proposes—
- (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
- (b) to make an order or direction under any enactment.
##### 7
Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
## PART 2 — QUALIFICATIONS: ENGLAND
## PART 3 — INTERPRETATION: ENGLAND
## PART 4 — DESCRIPTIONS OF EXEMPT INFORMATION: WALES
##### 16
Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
##### 17
Information which reveals that the authority proposes —
- (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
- (b) to make an order or direction under any enactment.
##### 18
Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
##### 19
Information falling within paragraph 14 above is not exempt information by virtue of that paragraph if it is required to be registered under —
- (a) the Companies Acts (as defined in section 2 of the Companies Act 2006);
- (b) the Friendly Societies Act 1974 ;
- (c) the Friendly Societies Act 1992 ;
- (d) the Co-operative and Community Benefit Societies Act 2014;
- (e) the Building Societies Act 1986 ; or
- (f) the Charities Act 2011.
##### 20
Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 .
##### 21
Information which —
- (a) falls within any of paragraphs 12 to 15, 17 and 18 above; and
- (b) is not prevented from being exempt by virtue of paragraph 19 or 20 above,
is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
##### 22
- (1) In Parts 4 and 5 and this Part of this Schedule —
- “*employee*” means a person employed under a contract of service;
- “*financial or business affairs*” includes contemplated, as well as past or current, activities;
- “*labour relations matter*” means —any of the matters specified in paragraphs (a) to (g) of section 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (matters which may be the subject of a trade dispute, within the meaning of that Act); orany dispute about a matter falling within paragraph (a) above;and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;
- “*office-holder*”, in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;
- “*registered*” in relation to information required to be registered under the Building Societies Act 1986 , means recorded in the public file of any building society (within the meaning of that Act).
- (2) Any reference in Parts 4 and 5 and this Part of this Schedule to “*the authority*” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference —
- (a) in the case of a principal council, to any committee or sub-committee of the council; and
- (b) in the case of a committee, to —
- (i) any constituent principal council;
- (ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and
- (iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and
- (c) in the case of a sub-committee, to —
- (i) the committee, or any of the committees, of which it is a sub-committee; and
- (ii) any principal council which falls within paragraph (b) above in relation to that committee.
##### 23
Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority.
##### 24
Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with—
- (a) any legal proceedings by or against the authority, or
- (b) the determination of any matter affecting the authority,
(whether, in either case, proceedings have been commenced or are in contemplation).
##### 25
Information which, if disclosed to the public, would reveal that the authority proposes—
- (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
- (b) to make an order or direction under any enactment.
##### 26
Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
##### 27
The identity of a protected informant.
## PART 5 — QUALIFICATIONS: WALES
##### 28
Information relating to a person of a description specified in any of paragraphs 12 to 17 above is not exempt information by virtue of that paragraph unless it relates to an individual of that description in the capacity indicated by the description.
##### 29
Information falling within paragraph 19 above is not exempt information by virtue of that paragraph if it is required to be registered under—
- (a) the Companies Act 1985 ;
- (b) the Friendly Societies Act 1974 ;
- (c) the Industrial and Provident Societies Acts 1965 to 1978 ;
- (d) the Building Societies Act 1986 ; or
- (e) the Charities Act 1960 .
##### 30
Information falling within paragraph 20 above is exempt information if and so long as disclosure to the public of the amount there referred to would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the authority in respect of the property, goods or services, whether the advantage would arise as against the authority or as against other such persons.
##### 31
Information falling within paragraph 21 above is exempt information if and so long as disclosure to the public of the terms would prejudice the authority in those or any other negotiations concerning the property or goods or services.
##### 32
Information falling within paragraph 23 above is exempt information if and so long as disclosure to the public of the information would prejudice the authority in those or any other consultations or negotiations in connection with a labour relations matter arising as mentioned in that paragraph.
##### 33
Information falling within paragraph 25 above is exempt information if and so long as disclosure to the public might afford an opportunity to a person affected by the notice, order or direction to defeat the purpose or one of the purposes for which the notice, order or direction is to be given or made.
##### 34
Information falling within any paragraph of Part 4 above is not exempt information by virtue of that paragraph if it relates to proposed development for which the local planning authority can grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 (S.I. 1992/1492).
## PART 6 — INTERPRETATION: WALES
##### 35
- (1) In Parts 4 and 5 and this Part of this Schedule—
- “*child*” means a person under the age of eighteen years and any person who has attained that age and—is registered as a pupil at a school; oris the subject of a care order, within the meaning of section 31 of the Children Act 1989 ;
- “*disposal*”, in relation to property, includes the granting of an interest in or right over it;
- “*employee*” means a person employed under a contract of service;
- “*financial or business affairs*” includes contemplated, as well as past or current, activities;
- “*labour relations matter*” means—any of the matters specified in paragraphs (a) to (g) of section 29(1) of the Trade Union and Labour Relations Act 1974 (matters which may be the subject of a trade dispute, within the meaning of that Act); orany dispute about a matter falling within paragraph (a) above;and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;
- “*office-holder*”, in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;
- “*protected informant*” means a person giving the authority information which tends to show that—a criminal offence,a breach of statutory duty,a breach of planning control, as defined in section 171A of the Town and Country Planning Act 1990 , ora nuisance,has been, or is being or is about to be committed;
- “*registered*”, in relation to information required to be registered under the Building Societies Act 1986 , means recorded in the public file of any building society (within the meaning of that Act);
- “*tender for a contract*” includes a written statement prepared by the authority in pursuance of section 9(2) of the Local Government, Planning and Land Act 1980 (estimated cost of carrying out functional work by direct labour).
- (2) Any reference in Parts 4 and 5 and this Part of this Schedule to “*the authority*” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—
- (a) in the case of a principal council, to any committee or sub-committee of the council; and
- (b) in the case of a committee, to—
- (i) any constituent principal council;
- (ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and
- (iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and
- (c) in the case of a sub-committee, to—
- (i) the committee, or any of the committees, of which it is a sub-committee; and
- (ii) any principal council which falls within paragraph (b) above in relation to that committee.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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#### Term of office of persons filling casual vacancies.
#### Appointment of staff.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Public transport in passenger transport areas.
#### Public notices.
#### Power to direct inquiries.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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#### Principal councils’ funds and accounts.
#### Local highway authorities and maintenance powers of district councils.
#### Ordnance survey.
#### Public transport in passenger transport areas.
#### Authentication of documents.
#### Repeals.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART 4 — DESCRIPTIONS OF EXEMPT INFORMATION: WALES
## PART 5 — QUALIFICATIONS: WALES
## PART 6 — INTERPRETATION: WALES
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disqualification for being a member of a local authority in Wales and holding local office or employment
#### Admission to meetings of principal councils.
#### Powers of principal councils with respect to emergencies or disasters.
#### Charities.
#### Parish councillors.
#### Appointed councillors
#### New principal local government areas in Wales.
#### Chairman.
#### Filling of casual vacancy in case of chairman, etc.
#### Charities.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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##### 27A
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community which does not have a separate council for an order under section 27B establishing a separate council for the community.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to establish a separate council for the community.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to establish a separate council for the community (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that a majority of those voting in the poll support the proposal to establish a separate council for the community.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27B
- (1) This section applies where a community meeting of a community which does not have a separate council applies to the principal council within whose area it lies for an order establishing a separate council for the community.
- (2) The principal council must consider whether it is satisfied that—
- (a) the conditions in section 27A are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (6) below).
- (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council in accordance with this Act and Part I of the Representation of the People Act 1983.
- (5) No order shall be made so as to establish a separate community council for a community grouped under a common community council unless—
- (a) the community is separated from the group, or
- (b) the group is dissolved,
by the order, or by an order under section 27J or section 27L below.
- (6) Where, in a case to which subsection (5) above applies, the group is not dissolved, the order under this section shall make such provision as appears to the principal council to be necessary for the alteration of the group's community council.
##### 27C
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community which has a separate council for an order under section 27D dissolving the council.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to dissolve the council for the community.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 30% of the local government electors for the community, or
- (b) 300 of the electors (if 30% of the electors exceeds 300 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to dissolve the separate council for the community (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that at least two-thirds of those voting in the poll support the proposal to dissolve the separate council for the community.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27D
- (1) This section applies where a community meeting of a community which has a separate council applies to the principal council within whose area it lies for an order dissolving the council for the community.
- (2) The principal council must consider whether it is satisfied that—
- (a) the conditions in section 27C are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for.
##### 27E
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting for an order under section 27F grouping the community with some neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to group the community with a neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of an identical proposal to group the community with a neighbouring community or communities (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that a majority of those voting in the poll support the proposal to group the community with a neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (7) The fifth condition is that the application is made jointly with the community meeting, or meetings, for the community, or communities to be grouped under the common community council.
- (8) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27F
- (1) This section applies where a community meeting of a community applies to the principal council within whose area it lies for an order grouping the community with some neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (2) The principal council must consider whether it is satisfied that—
- (a) the conditions in section 27E are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (7) below).
- (4) The order shall provide for the name of the group in both an English and a Welsh form.
- (5) The order shall—
- (a) make such provision as appears to the principal council to be necessary for the election, in accordance with this Act and Part I of the Representation of the People Act 1983, of separate representatives on the community council for each community or for the wards of any community, and
- (b) provide for the dissolution of the separate community council of any community included in the group.
- (6) The order shall make such provision as appears to the principal council to be necessary for the application to the communities included in the group of all or any of the provisions of sections 298 to 303 of the Charities Act 2011 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community.
- (7) The order may provide for any necessary adaptations of this Act in relation to the group of communities.
##### 27G
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting for an order under section 27H adding the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to add the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (4) The second condition is that a majority of those voting in the poll support the proposal to add the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (5) The third condition is that a community meeting of each of the communities in the group has made an effective decision to hold a poll on a proposal to consent to the community in question becoming a member of the group.
- (6) For the purposes of the third condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (7) The fourth condition is that a majority of those voting in a poll following an effective decision for the purposes of the third condition support the proposal to consent to the community in question becoming a member of the group.
- (8) The fifth condition is that none of the above polls are held within two years of an earlier poll which resulted in a rejection of an identical proposal to add the community in question to the group of communities (that period of two years beginning with the day on which the earlier poll was held).
- (9) The sixth condition is that none of the above polls are held before the end of the period of 42 days beginning with the day on which the decision to hold that poll was taken.
- (10) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27H
- (1) This section applies where a community meeting of a community applies to the principal council within whose area it lies for an order adding the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (2) The principal council must consider whether is it satisfied that—
- (a) the conditions in section 27G are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (7) below).
- (4) order shall provide for the name of the group in both an English and a Welsh form.
- (5) The order shall—
- (a) make such provision as appears to the principal council to be necessary for the election, in accordance with this Act and Part I of the Representation of the People Act 1983, of separate representatives on the community council for the community that is added to the group or for the wards of that community, and
- (b) provide for the dissolution of any separate community council for the community that is added to the group.
- (6) The order shall make such provision as appears to the principal council to be necessary for the application to the communities included in the group of all or any of the provisions of sections 298 to 303 of the Charities Act 2011 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community.
- (7) The order may provide for any necessary adaptations of this Act in relation to the group of communities.
##### 27I
- (1) This section sets out the conditions that must be met before an application may be made by a council for a group of communities to the principal council in whose area the communities lie for an order under section 27J below dissolving the group.
- (2) The first condition is that a community meeting of each of the communities in the group has taken an effective decision to hold a poll on a proposal to dissolve the group.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 30% of the local government electors for the community, or
- (b) 300 of the electors (if 30% of the electors exceeds 300 electors),
are present and voting at the community meeting.
- (4) The second condition is that no poll is held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that no poll is held within two years of an earlier poll which resulted in a rejection of a proposal to dissolve the group (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that at least two thirds of those voting in each poll support the proposal to dissolve the group.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27J
- (1) This section applies where the council for a group of communities applies to the principal council within whose area the communities lie for an order dissolving the group.
- (2) The principal council must consider whether is it satisfied that—
- (a) the conditions in section 27I are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsection (4)).
- (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council for any of the communities in the group in accordance with this Act and Part I of the Representation of the People Act 1983.
##### 27K
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community included in a group of communities for an order under section 27L separating the community from the group.
- (2) The first condition is that a community meeting of the community has taken an effective decision to hold a poll on a proposal to separate the community from its group.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 30% of the local government electors for the community, or
- (b) 300 of the electors (if 30% of the electors exceeds 300 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to separate the community from its group (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that at least two-thirds of those voting in the poll support the proposal to separate the community from its group.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27L
- (1) This section applies where a community meeting of a community included in a group of communities applies to the principal council within whose area the community lies for an order separating the community from the group.
- (2) The principal council must consider whether is it satisfied that—
- (a) the conditions in section 27K are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsection (4)).
- (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council for the community in accordance with this Act and Part I of the Representation of the People Act 1983.
##### 27M
- (1) The Welsh Ministers may by order amend the following provisions of this Act—
- (a) section 27A(3) and (6);
- (b) section 27C(3) and (6);
- (c) section 27E(3) and (6);
- (d) section 27G(3), (4), (6) and (7);
- (e) section 27I(3) and (6);
- (f) section 27K(3) and (6).
- (2) That power includes power to amend provision previously made by an order under subsection (1).
- (3) No order may be made under subsection (1) unless the Welsh Ministers have carried out such consultation as they consider appropriate with the following—
- (a) principal councils in Wales or a body representative of such councils; and
- (b) community councils in Wales or a body representative of such councils.
- (4) The power of the Welsh Ministers to make an order under subsection (1) is exercisable by statutory instrument.
- (5) A statutory instrument which contains an order under subsection (1) 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.
##### 57A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 237ZA
A byelaw made under section 235 may include provision for or in connection with—
- (a) the seizure and retention of any property in connection with any contravention of the byelaw, and
- (b) the forfeiture of any such property on a person's conviction of an offence of contravention of the byelaw.
#### Savings.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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##### 33B
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##### 33C
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#### Consents to land transactions by local authorities and protection of purchasers.
#### Traffic and transportation functions.
#### Ordnance survey.
##### 26A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 29A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 30A
A community meeting may also be convened at any time by not less than—
- (a) 10% of the local government electors for the community, or
- (b) 50 of the electors (if 10% of the electors exceeds 50 electors).
##### 30B
- (1) Where a group of individuals assert that they have convened a community meeting under paragraph 30A above, those individuals must ensure that a notice which complies with the following requirements of this paragraph is given—
- (a) in a case where there is a community council for the community, to the community council, or
- (b) in a case where there is no community council for the community, to the principal council within whose area the community lies.
- (2) The notice must contain—
- (a) unless sub-paragraph (5) below applies to an individual, the name and address of each of the individuals who assert that they have convened a community meeting under paragraph 30A;
- (b) unless sub-paragraph (5) below applies to an individual, the signature of each of those individuals;
- (c) the business which is proposed to be transacted at the meeting;
- (d) the proposed time and place at which the meeting is to be held.
- (3) The notice must be given—
- (a) in writing (but not in an electronic form), or
- (b) in an electronic form which meets the technical requirements set by the principal council under paragraph 30C.
- (4) In sub-paragraph (2) above—
- (a) “*address*” means the individual's qualifying address for the purposes of the register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for the local government area (within the meaning of that Act) in which the community lies;
- (b) “*signature*” means—
- (i) where a notice is in writing, an individual's signature or, if the individual cannot give a signature, a signature given on the individual's behalf by a duly authorised individual who, in giving that signature, declares that he or she is so authorised;
- (ii) where a notice is in an electronic form, an electronic signature in respect of an individual which meets the authentication requirements for such signatures set by the principal council under paragraph 30C below.
- (5) This sub-paragraph applies to an individual in respect of whom an anonymous entry under section 9B of the Representation of the People Act 1983 has been made in a register of local government electors.
- (6) Where sub-paragraph (5) above applies to an individual, the notice referred to in sub-paragraph (2) above—
- (a) need not include the individual's name and address and, if it does not do so, must instead include the contents of the anonymous entry made in respect of the individual in the register of local government electors, and
- (b) need not include a signature in respect of the individual.
- (7) Where a notice is in electronic form, it is to be treated as given to a principal council or community council when the notice is given in accordance with whatever requirements the principal council has set as to the giving of such notices under paragraph 30C(2) below.
##### 30C
- (1) For the purposes of paragraph 30B(1), each community council and principal council must provide a facility for notices to be given in electronic form (“electronic notices”).
- (2) A principal council must set for its area and, to such extent as the council considers appropriate, publicise the following requirements for electronic notices—
- (a) the authentication requirements to be met by an electronic signature included within an electronic notice, and
- (b) the other technical requirements to be met by and in relation to an electronic notice.
##### 30D
- (1) Where a principal council or a community council has been given a notice under paragraph 30B above, the council must consider—
- (a) whether the group of individuals to whom the notice relates is comprised of—
- (i) at least 50 local government electors for the community in question, or
- (ii) at least 10% of the local government electors for the community in question, and
- (b) whether the notice meets the requirements of paragraph 30B above.
- (2) If the council is of the opinion that—
- (a) the group of individuals to whom the notice relates is comprised of electors as described in paragraph (1)(a)(i) or (ii) above, and
- (b) the notice meets the requirements of paragraph 30B above,
the council must give a public notice in accordance with paragraph 30E below.
- (3) If the council is not of the opinion described in paragraph (2) above, the council must take all reasonable steps to give notice to the individuals to whom the notice relates as to why the council is not of that opinion.
- (4) The relevant registration officer must supply the council with any information in relation to an individual in respect of whom the notice under paragraph 30B includes an anonymous entry, by virtue of sub-paragraph (6)(a) of that paragraph, that it is necessary for the council to have in order to perform the council's functions under this paragraph.
- (5) In sub-paragraph (4) above, “*relevant registration officer*” means the registration officer under section 8 of the Representation of the People Act 1983 in relation to the register of local government electors maintained under section 9(1)(b) of that Act for the local government area (within the meaning of that Act) in which the community in question lies.
##### 30E
- (1) The public notice required by paragraph 30D(2) above must be given within a period of 30 days beginning with the day on which the council became of the opinion described in that paragraph.
- (2) Except in a case falling within sub-paragraph (3) below, the public notice must be given not less than seven clear days before the community meeting.
- (3) Where any business proposed to be transacted at the meeting relates to the existence of the community council or the grouping of the community with other communities, the public notice must be given not less than 30 clear days before the meeting.
- (4) The public notice must—
- (a) specify the time and place of the intended meeting;
- (b) specify the business to be transacted at the meeting;
- (c) be signed by the proper officer.
- (5) In specifying a time and place for the purposes of sub-paragraph (4)(a) above, the council must take into account the proposed time and place contained in the notice given to the council under paragraph 30B(2)(d) above.
- (6) The business specified for the purposes of sub-paragraph (4)(b) above must be the same as that contained in the notice given to the council under paragraph 30B(2)(c) above.
- (7) Public notice of a community meeting shall be given—
- (a) by posting a notice of the meeting in some conspicuous place or places in the community,
- (aa) by publishing the notice electronically, and
- (b) in such other manner, if any, as appears to the council to be desirable for giving publicity to the meeting.
- (8) For the purposes of sub-paragraph (3) above, business relates to the existence of the community council or the grouping of the community with other communities if it relates to any function of a community meeting under sections 27A to 27L of this Act.
##### 38A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 38B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 24A
- (1) A principal council may determine to have a presiding member.
- (2) A presiding member is elected by the principal council from among the councillors.
- (3) The principal council may determine—
- (a) the functions of the presiding member, and
- (b) the term of office of the member (subject to the limits in subsection (6)).
- (4) The functions of the presiding member may, in particular, include any function of the chairman of the principal council in relation to its meetings and proceedings.
- (5) A member of the executive of a principal council , or an assistant to the executive, may not be elected as its presiding member.
- (6) A presiding member is to continue in office until the occurrence of—
- (a) the presiding member's resignation or disqualification,
- (b) a successor becoming entitled to act as presiding member,
- (c) the principal council determining not to have an office of presiding member, or
- (d) an ordinary council election under section 26.
##### 24B
- (1) The section applies where a principal council have determined to have a presiding member.
- (2) The principal council must appoint a member of the council to act as deputy to the presiding member (“the deputy presiding member”).
- (3) A member of the executive of a principal council , or an assistant to the executive, may not be appointed as the deputy presiding member.
- (4) A deputy presiding member is to continue in office until the occurrence of—
- (a) the deputy presiding member's resignation or disqualification,
- (b) a successor becoming entitled to act as deputy presiding member,
- (c) the council determining not to have an office of presiding member, or
- (d) an ordinary council election under section 26.
- (5) A deputy presiding member may do anything authorised or required to be done by the presiding member.
##### 25B
- (1) This section applies where—
- (a) a principal council have determined to have a presiding member under section 24A, and
- (b) the chairman of the council is not entitled to the style of “mayor” or “maer”.
- (2) The chairman of the council is entitled to the style of “civic chair” or “cadeirydd dinesig”.
- (3) The vice-chairman of the council is entitled to the style of ”civic vice-chair” or “dirprwy gadeirydd dinesig”.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 138A
- (1) The business at a meeting of a local authority in England may include time for—
- (a) prayers or other religious observance, or
- (b) observance connected with a religious or philosophical belief.
- (2) Subsection (1) also applies in relation to meetings of—
- (a) a committee of a local authority in England,
- (b) a joint committee of two or more such authorities, whether appointed or established under Part 6 of this Act or any other enactment, or
- (c) a sub-committee of such a committee or joint committee.
- (3) Subsections (1) and (2) do not limit other powers.
##### 138B
- (1) A local authority in England may support or facilitate, or make arrangements to be represented at, any of the following—
- (a) a religious event,
- (b) an event with a religious element,
- (c) an event connected with a religious or philosophical belief, or
- (d) an event with an element connected with such a belief.
- (2) Subsection (1) does not limit other powers.
- (3) Any powers of a local authority in England that are given otherwise than under subsection (1) may be exercised—
- (a) for the purpose of supporting or facilitating any event mentioned in subsection (1), or
- (b) for purposes that include that purpose.
- (4) Subsection (3) does not limit the generality of those powers.
##### 138C
- (1) Each of the following is (subject to the limitations set out) to be treated as a local authority for the purposes of sections 138A and 138B—
- (a) the London Assembly, but only for the purposes of section 138A;
- (b) the Greater London Authority, but only for the purposes of section 138B;
- (c) the Mayor's Office for Policing and Crime, but only for the purposes of section 138B;
- (d) the London Fire Commissioner but only for the purposes of section 138B;
- (e) Transport for London;
- (f) a Mayoral development corporation;
- (g) the Common Council in its capacity as a local authority or police authority or port health authority, but only for the purposes of section 138B(3);
- (h) the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple, in that person's capacity as a local authority, but only for the purposes of section 138B(3);
- (i) the Council of the Isles of Scilly;
- (j) a parish meeting;
- (k) charter trustees constituted—
- (i) under section 246,
- (ii) by the Charter Trustees Regulations 1996 (S.I. 1996/263), or
- (iii) under Part 1 of the Local Government and Public Involvement in Health Act 2007;
- (l) a joint authority;
- (m) an economic prosperity board;
- (n) a combined authority;
- (na) a combined county authority;
- (o) a joint waste authority;
- (p) a fire and rescue authority constituted by a scheme—
- (i) under section 2 of the Fire and Rescue Services Act 2004, or
- (ii) to which section 4 of that Act applies;
- (pa) a fire and rescue authority created by an order under section 4A of that Act, but only for the purposes of section 138B;
- (q) the Passenger Transport Executive of an integrated transport area in England;
- (r) an executive body established, in relation to an Integrated Transport Authority, by virtue of section 79(1)(a) or 84(2)(d) of the Local Transport Act 2008;
- (s) a joint committee constituted to be a local planning authority by an order under section 29 of the Planning and Compulsory Purchase Act 2004;
- (t) a joint board continued in existence by section 263(1);
- (u) a joint board constituted a port health authority under section 2(4)(b) of the Public Health (Control of Disease) Act 1984;
- (v) a riparian authority within section 2(2)(b) of the Public Health (Control of Disease) Act 1984 (conservators or commissioners etc) in its capacity as a port health authority, but only for the purposes of section 138B(3);
- (w) an internal drainage board for a district neither wholly nor partly in Wales;
- (x) a police and crime commissioner, but only for the purposes of section 138B;
- (y) a police and crime panel established and maintained in accordance with Part 2 or 3 of Schedule 6 to the Police Reform and Social Responsibility Act 2011, but only for the purposes of section 138B.
- (2) Section 138A(2)(a), (b) and (c) apply—
- (a) as if a police and crime panel established and maintained in accordance with Part 3 of Schedule 6 to the Police Reform and Social Responsibility Act 2011 were a joint committee of the kind mentioned in section 138A(2)(b),
- (b) as if a committee of a police and crime panel established and maintained in accordance with Part 2 or 3 of that Schedule, and any sub-committee of such a committee, were a sub-committee of the panel,
- (c) as if a sub-committee of a joint committee constituted to be a local planning authority by an order under section 29 of the Planning and Compulsory Purchase Act 2004 were a committee of that joint committee, and
- (d) as if a committee appointed as mentioned in section 35(3) of the Localism Act 2011 (standards committee of the Greater London Authority) were a joint committee of the kind mentioned in section 138A(2)(b).
- (3) Section 138B applies in relation to the Greater London Authority as follows—
- (a) the powers conferred on the Authority by section 138B(1) are exercisable on behalf of the Authority by the Mayor of London, or by the London Assembly, or by the Mayor and Assembly acting jointly, and
- (b) section 138B(3), so far as it refers to powers of the Authority, refers to powers of the Authority whether exercisable by the Mayor, by the Assembly or by the Mayor and Assembly acting jointly.
- (4) The Common Council may make payments out of the City fund for the purpose of supporting or facilitating, or making arrangements for the Corporation of the City to be represented at, any event mentioned in section 138B(1).
- (5) The Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple may, out of funds derived from any precept issued under Part 1 of the Local Government Finance Act 1992, make payments for the purpose of supporting or facilitating, or making arrangements for the Temple concerned to be represented at, any event mentioned in section 138B(1).
- (6) Subsections (4) and (5) do not limit other powers.
- (7) An internal drainage board for a district partly but not wholly in Wales is to be treated as a local authority in England—
- (a) for the purposes of section 138A, but only in relation to meetings held otherwise than in Wales, and
- (b) for the purposes of section 138B, but only in relation to events that are to take place otherwise than in Wales.
##### 6ZA
- (1) A relevant police and crime commissioner may attend, speak at and vote at a meeting of a principal council in England which is a fire and rescue authority.
- (2) Sub-paragraph (1) applies—
- (a) only if and to the extent that the business of the meeting relates to the functions of the principal council as a fire and rescue authority, and
- (b) only if the council have consented to the participation of the relevant police and crime commissioner in such meetings in response to a request by the commissioner to do so.
- (3) If a request under sub-paragraph (2)(b) is made to a principal council, the council must—
- (a) consider the request,
- (b) give reasons for their decision to agree to or refuse the request, and
- (c) publish those reasons in such manner as they think appropriate.
- (4) If the principal council agree to the request, the relevant police and crime commissioner is to be treated as a member of the council for the purposes of the following provisions of this Schedule in the case of a meeting which relates to the functions of the council as a fire and rescue authority—
- (a) paragraph 3(2);
- (b) paragraph 4(1A);
- (c) paragraph 5(3);
- (d) paragraph 6;
- (e) paragraph 39;
- (f) paragraph 40;
- (g) paragraph 41(3);
- (h) paragraph 43.
- (5) In this paragraph “*relevant police and crime commissioner*”, in relation to a principal council, means a police and crime commissioner—
- (a) whose area is the same as, or contains all of, the area of the principal council, or
- (b) all or part of whose area falls within the area of the principal council.
##### 36A
- (1) The Welsh Ministers may by regulations make provision for and in connection with requirements concerning notices and other documents relating to community meetings and concerning the holding of such meetings and their conduct.
- (2) Regulations under sub-paragraph (1) may, in particular, include provision about—
- (a) arrangements relating to the holding of community meetings attended by persons who are not in the same place;
- (b) the convening of community meetings;
- (c) the production, publication, dissemination and content of notices of community meetings;
- (d) the recording of decisions made at community meetings;
- (e) the functions of principal councils and community councils in relation to community meetings;
- (f) eligibility to attend and to vote at community meetings.
- (3) Regulations under sub-paragraph (1) may include supplementary, incidental, consequential, transitional, transitory or saving provision (including provision amending, modifying, repealing or revoking any enactment (including this Act)).
- (4) A statutory instrument containing regulations under sub-paragraph (1) must not be made unless a draft of the instrument has been laid before and approved by resolution of Senedd Cymru.
##### 36BA
principal council and a community council exercising functions in relation to community meetings must have regard to any guidance about the exercise of those functions issued by the Welsh Ministers.
##### 100BA
- (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.
- (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.
- (6) An item of business may not be considered at a meeting of a principal council in Wales unless either—
- (a) a copy of the agenda including the item (or a copy of the item) is published electronically at least three clear days before the meeting, or, if the meeting is convened at shorter notice, at the time it is convened, or
- (b) by reason of special circumstances, which must be specified in the minutes, the chair of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.
- (7) Where the whole or part of a report is excluded under subsection (2)—
- (a) every copy of the report or of the part must be marked “Not for publication”, and
- (b) there must be stated on every copy of the report or of the part a description, in terms of Schedule 12A, of the exempt information by virtue of which the council is likely to exclude the public during the item to which the report relates.
- (8) Where a meeting of a principal council in Wales—
- (a) is required by section 100A to be open to the public during the proceedings or part of them, and
- (b) is not held through remote means only,
there must be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and of the reports for the meeting.
- (9) There must, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—
- (a) a copy of the agenda for a meeting of a principal council in Wales and a copy of each of the reports for the meeting,
- (b) such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda, and
- (c) if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the council in connection with the item.
- (10) Subsection (2) applies in relation to copies of reports provided under subsection (8) or (9) as it applies in relation to copies of reports published under subsection (1).
##### 26ZA
- (1) As soon as reasonably practicable after a meeting of a community council, and in any event before the end of seven working days beginning with the day on which the meeting is held, the council must publish electronically a note setting out—
- (a) the names of the members who attended the meeting, and any apologies for absence;
- (b) any declarations of interest;
- (c) any decision taken at the meeting, including the outcomes of any votes.
- (2) The duty under sub-paragraph (1)(c) to publish a note setting out any decisions does not apply—
- (a) in relation to a decision relating to business which was transacted in private, or
- (b) where disclosure of the information would be contrary to any enactment.
##### 80A
- (1) A person is disqualified for being elected or being a member of a local authority in Wales if—
- (a) the person is the subject of—
- (i) a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986, Schedule 2A to the Insolvency (Northern Ireland) Order 1989, or Part 13 of the Bankruptcy (Scotland) Act 2016;
- (ii) a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 or Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989;
- (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);
- (ba) the person is incapable of being elected to or holding elective office in a district council in Northern Ireland under Part 10 of the Electoral Law Act (Northern Ireland) [1962 (c. 14)](https://www.legislation.gov.uk/ukpga/1962/14) (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.
- (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.
- (4) A person is not disqualified under subsection (1)(d) at any time before the end of the ordinary period allowed for making an appeal or application in respect of the conviction.
- (5) A person who makes an appeal or application of the kind mentioned in subsection (3) or (4) is not disqualified under subsection (1)(c) or (d) at any time before the end of the day on which the appeal or application is finally disposed of, or is abandoned, or fails by reason of non-prosecution.
- (6) A person who would be disqualified but for subsection (3), (4) or (5) must not act in the office of member of a local authority in Wales.
##### 80B
- (1) A person who holds a relevant paid office or employment (see section 80C) is disqualified for being a member of a local authority in Wales, (but not for being elected as such a member).
- (2) A person is not disqualified under subsection (1) at any time before the person makes a declaration of acceptance of office in accordance with section 83.
- (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.
- (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—
- (a) the local authority to which the person was elected a member;
- (b) a committee or sub-committee of the local authority;
- (c) a joint committee or National Park authority on which the local authority is represented; ...
- (ca) a corporate joint committee established in relation to the area of the local authority; or
- (d) a holder of a paid office or employment of the kind described in paragraphs (a), (b) ,(c) or (ca).
- (2) But a relevant paid office or employment in subsection (1) does not include the office of—
- (a) chairman, vice-chairman, presiding member or deputy presiding member, or
- (b) in the case of a local authority operating executive arrangements which involve a leader and cabinet executive, the office of executive leader, member of the executive or assistant to the executive.
- (3) Subsection (1) has effect in relation to a teacher in a school maintained by a local authority whether or not the appointment to the post was made in accordance with that subsection.
- (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.
- (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.
##### 116A
A member of a local authority in Wales is disqualified for being appointed or elected by that authority to any paid office other than the office of chairman, vice-chairman, or in the case of a local authority operating executive arrangements which involve a leader and cabinet executive, the office of executive leader, member of the executive or assistant to the executive.
#### Application to new authorities, Common Council, etc.
#### Appointment of committees.
#### Principal councils’ funds and accounts.
#### Authentication of documents.
#### Power to direct inquiries.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Fire services.
#### Public transport in passenger transport areas.
#### Public notices.
#### Charities.
#### Maintenance of a closed churchyard.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application to committees and sub-committees.
#### Additional rights of access to documents for members of principal councils.
#### Security to be taken in relation to officers.
#### Interpretation and application of Part VA.
#### Sites for gipsy encampments.
#### Fire services.
#### Local highway authorities and maintenance powers of district councils.
#### Ordnance survey.
#### Fire services.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Fire services.
#### Public transport in passenger transport areas.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Cemeteries and crematoria.
#### Maintenance of a closed churchyard.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Honorary titles.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Power to direct inquiries.
#### Savings.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Repeals.
#### Maintenance of a closed churchyard.
## PART 1 — DESCRIPTIONS OF EXEMPT INFORMATION: ENGLAND
##### 1
Information relating to any individual.
##### 2
Information which is likely to reveal the identity of an individual.
##### 3
Information relating to the financial or business affairs of any particular person (including the authority holding that information).
##### 4
Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.
##### 5
Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
##### 6
Information which reveals that the authority proposes—
- (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
- (b) to make an order or direction under any enactment.
##### 7
Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
## PART 2 — QUALIFICATIONS: ENGLAND
## PART 3 — INTERPRETATION: ENGLAND
## PART 4 — DESCRIPTIONS OF EXEMPT INFORMATION: WALES
##### 16
Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
##### 17
Information which reveals that the authority proposes —
- (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
- (b) to make an order or direction under any enactment.
##### 18
Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
##### 19
Information falling within paragraph 14 above is not exempt information by virtue of that paragraph if it is required to be registered under —
- (a) the Companies Acts (as defined in section 2 of the Companies Act 2006);
- (b) the Friendly Societies Act 1974 ;
- (c) the Friendly Societies Act 1992 ;
- (d) the Co-operative and Community Benefit Societies Act 2014;
- (e) the Building Societies Act 1986 ; or
- (f) the Charities Act 2011.
##### 20
Information is not exempt information if it relates to proposed development for which the local planning authority may grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 .
##### 21
Information which —
- (a) falls within any of paragraphs 12 to 15, 17 and 18 above; and
- (b) is not prevented from being exempt by virtue of paragraph 19 or 20 above,
is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
##### 22
- (1) In Parts 4 and 5 and this Part of this Schedule —
- “*employee*” means a person employed under a contract of service;
- “*financial or business affairs*” includes contemplated, as well as past or current, activities;
- “*labour relations matter*” means —any of the matters specified in paragraphs (a) to (g) of section 218(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (matters which may be the subject of a trade dispute, within the meaning of that Act); orany dispute about a matter falling within paragraph (a) above;and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;
- “*office-holder*”, in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;
- “*registered*” in relation to information required to be registered under the Building Societies Act 1986 , means recorded in the public file of any building society (within the meaning of that Act).
- (2) Any reference in Parts 4 and 5 and this Part of this Schedule to “*the authority*” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference —
- (a) in the case of a principal council, to any committee or sub-committee of the council; and
- (b) in the case of a committee, to —
- (i) any constituent principal council;
- (ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and
- (iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and
- (c) in the case of a sub-committee, to —
- (i) the committee, or any of the committees, of which it is a sub-committee; and
- (ii) any principal council which falls within paragraph (b) above in relation to that committee.
##### 23
Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority.
##### 24
Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with—
- (a) any legal proceedings by or against the authority, or
- (b) the determination of any matter affecting the authority,
(whether, in either case, proceedings have been commenced or are in contemplation).
##### 25
Information which, if disclosed to the public, would reveal that the authority proposes—
- (a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
- (b) to make an order or direction under any enactment.
##### 26
Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
##### 27
The identity of a protected informant.
## PART 5 — QUALIFICATIONS: WALES
##### 28
Information relating to a person of a description specified in any of paragraphs 12 to 17 above is not exempt information by virtue of that paragraph unless it relates to an individual of that description in the capacity indicated by the description.
##### 29
Information falling within paragraph 19 above is not exempt information by virtue of that paragraph if it is required to be registered under—
- (a) the Companies Act 1985 ;
- (b) the Friendly Societies Act 1974 ;
- (c) the Industrial and Provident Societies Acts 1965 to 1978 ;
- (d) the Building Societies Act 1986 ; or
- (e) the Charities Act 1960 .
##### 30
Information falling within paragraph 20 above is exempt information if and so long as disclosure to the public of the amount there referred to would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the authority in respect of the property, goods or services, whether the advantage would arise as against the authority or as against other such persons.
##### 31
Information falling within paragraph 21 above is exempt information if and so long as disclosure to the public of the terms would prejudice the authority in those or any other negotiations concerning the property or goods or services.
##### 32
Information falling within paragraph 23 above is exempt information if and so long as disclosure to the public of the information would prejudice the authority in those or any other consultations or negotiations in connection with a labour relations matter arising as mentioned in that paragraph.
##### 33
Information falling within paragraph 25 above is exempt information if and so long as disclosure to the public might afford an opportunity to a person affected by the notice, order or direction to defeat the purpose or one of the purposes for which the notice, order or direction is to be given or made.
##### 34
Information falling within any paragraph of Part 4 above is not exempt information by virtue of that paragraph if it relates to proposed development for which the local planning authority can grant itself planning permission pursuant to regulation 3 of the Town and Country Planning General Regulations 1992 (S.I. 1992/1492).
## PART 6 — INTERPRETATION: WALES
##### 35
- (1) In Parts 4 and 5 and this Part of this Schedule—
- “*child*” means a person under the age of eighteen years and any person who has attained that age and—is registered as a pupil at a school; oris the subject of a care order, within the meaning of section 31 of the Children Act 1989 ;
- “*disposal*”, in relation to property, includes the granting of an interest in or right over it;
- “*employee*” means a person employed under a contract of service;
- “*financial or business affairs*” includes contemplated, as well as past or current, activities;
- “*labour relations matter*” means—any of the matters specified in paragraphs (a) to (g) of section 29(1) of the Trade Union and Labour Relations Act 1974 (matters which may be the subject of a trade dispute, within the meaning of that Act); orany dispute about a matter falling within paragraph (a) above;and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;
- “*office-holder*”, in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;
- “*protected informant*” means a person giving the authority information which tends to show that—a criminal offence,a breach of statutory duty,a breach of planning control, as defined in section 171A of the Town and Country Planning Act 1990 , ora nuisance,has been, or is being or is about to be committed;
- “*registered*”, in relation to information required to be registered under the Building Societies Act 1986 , means recorded in the public file of any building society (within the meaning of that Act);
- “*tender for a contract*” includes a written statement prepared by the authority in pursuance of section 9(2) of the Local Government, Planning and Land Act 1980 (estimated cost of carrying out functional work by direct labour).
- (2) Any reference in Parts 4 and 5 and this Part of this Schedule to “*the authority*” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—
- (a) in the case of a principal council, to any committee or sub-committee of the council; and
- (b) in the case of a committee, to—
- (i) any constituent principal council;
- (ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and
- (iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and
- (c) in the case of a sub-committee, to—
- (i) the committee, or any of the committees, of which it is a sub-committee; and
- (ii) any principal council which falls within paragraph (b) above in relation to that committee.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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#### Temporary appointment of members of parish and community councils.
#### Subsidiary powers of local authorities.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Public transport in passenger transport areas.
#### Public notices.
#### Power to direct inquiries.
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#### Principal councils’ funds and accounts.
#### Local highway authorities and maintenance powers of district councils.
#### Ordnance survey.
#### Public transport in passenger transport areas.
#### Authentication of documents.
#### Repeals.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART 4 — DESCRIPTIONS OF EXEMPT INFORMATION: WALES
## PART 5 — QUALIFICATIONS: WALES
## PART 6 — INTERPRETATION: WALES
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disqualification for election or being a member of a local authority in Wales
#### Admission to meetings of principal councils.
#### Financial assistance to be conditional on provision of information.
#### Charities.
#### Parish councillors.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Constitution of principal councils in Wales.
#### Election of chairman.
#### Filling of casual vacancies in case of councillors.
#### Charities.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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##### 140D
Sections 140, 140A and 140C (apart from subsection (4) of that section) apply to a corporate joint committee as they apply to a local authority.
##### 27A
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community which does not have a separate council for an order under section 27B establishing a separate council for the community.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to establish a separate council for the community.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to establish a separate council for the community (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that a majority of those voting in the poll support the proposal to establish a separate council for the community.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27B
- (1) This section applies where a community meeting of a community which does not have a separate council applies to the principal council within whose area it lies for an order establishing a separate council for the community.
- (2) The principal council must consider whether it is satisfied that—
- (a) the conditions in section 27A are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (6) below).
- (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council in accordance with this Act and Part I of the Representation of the People Act 1983.
- (5) No order shall be made so as to establish a separate community council for a community grouped under a common community council unless—
- (a) the community is separated from the group, or
- (b) the group is dissolved,
by the order, or by an order under section 27J or section 27L below.
- (6) Where, in a case to which subsection (5) above applies, the group is not dissolved, the order under this section shall make such provision as appears to the principal council to be necessary for the alteration of the group's community council.
##### 27C
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community which has a separate council for an order under section 27D dissolving the council.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to dissolve the council for the community.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 30% of the local government electors for the community, or
- (b) 300 of the electors (if 30% of the electors exceeds 300 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to dissolve the separate council for the community (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that at least two-thirds of those voting in the poll support the proposal to dissolve the separate council for the community.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27D
- (1) This section applies where a community meeting of a community which has a separate council applies to the principal council within whose area it lies for an order dissolving the council for the community.
- (2) The principal council must consider whether it is satisfied that—
- (a) the conditions in section 27C are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for.
##### 27E
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting for an order under section 27F grouping the community with some neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to group the community with a neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of an identical proposal to group the community with a neighbouring community or communities (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that a majority of those voting in the poll support the proposal to group the community with a neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (7) The fifth condition is that the application is made jointly with the community meeting, or meetings, for the community, or communities to be grouped under the common community council.
- (8) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27F
- (1) This section applies where a community meeting of a community applies to the principal council within whose area it lies for an order grouping the community with some neighbouring community or communities which lie in the same principal area as the community, under a common community council.
- (2) The principal council must consider whether it is satisfied that—
- (a) the conditions in section 27E are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (7) below).
- (4) The order shall provide for the name of the group in both an English and a Welsh form.
- (5) The order shall—
- (a) make such provision as appears to the principal council to be necessary for the election, in accordance with this Act and Part I of the Representation of the People Act 1983, of separate representatives on the community council for each community or for the wards of any community, and
- (b) provide for the dissolution of the separate community council of any community included in the group.
- (6) The order shall make such provision as appears to the principal council to be necessary for the application to the communities included in the group of all or any of the provisions of sections 298 to 303 of the Charities Act 2011 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community.
- (7) The order may provide for any necessary adaptations of this Act in relation to the group of communities.
##### 27G
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting for an order under section 27H adding the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to add the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (4) The second condition is that a majority of those voting in the poll support the proposal to add the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (5) The third condition is that a community meeting of each of the communities in the group has made an effective decision to hold a poll on a proposal to consent to the community in question becoming a member of the group.
- (6) For the purposes of the third condition a decision is only effective if not less than—
- (a) 10% of the local government electors for the community, or
- (b) 150 of the electors (if 10% of the electors exceeds 150 electors),
are present and voting at the community meeting.
- (7) The fourth condition is that a majority of those voting in a poll following an effective decision for the purposes of the third condition support the proposal to consent to the community in question becoming a member of the group.
- (8) The fifth condition is that none of the above polls are held within two years of an earlier poll which resulted in a rejection of an identical proposal to add the community in question to the group of communities (that period of two years beginning with the day on which the earlier poll was held).
- (9) The sixth condition is that none of the above polls are held before the end of the period of 42 days beginning with the day on which the decision to hold that poll was taken.
- (10) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27H
- (1) This section applies where a community meeting of a community applies to the principal council within whose area it lies for an order adding the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.
- (2) The principal council must consider whether is it satisfied that—
- (a) the conditions in section 27G are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (7) below).
- (4) order shall provide for the name of the group in both an English and a Welsh form.
- (5) The order shall—
- (a) make such provision as appears to the principal council to be necessary for the election, in accordance with this Act and Part I of the Representation of the People Act 1983, of separate representatives on the community council for the community that is added to the group or for the wards of that community, and
- (b) provide for the dissolution of any separate community council for the community that is added to the group.
- (6) The order shall make such provision as appears to the principal council to be necessary for the application to the communities included in the group of all or any of the provisions of sections 298 to 303 of the Charities Act 2011 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community.
- (7) The order may provide for any necessary adaptations of this Act in relation to the group of communities.
##### 27I
- (1) This section sets out the conditions that must be met before an application may be made by a council for a group of communities to the principal council in whose area the communities lie for an order under section 27J below dissolving the group.
- (2) The first condition is that a community meeting of each of the communities in the group has taken an effective decision to hold a poll on a proposal to dissolve the group.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 30% of the local government electors for the community, or
- (b) 300 of the electors (if 30% of the electors exceeds 300 electors),
are present and voting at the community meeting.
- (4) The second condition is that no poll is held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that no poll is held within two years of an earlier poll which resulted in a rejection of a proposal to dissolve the group (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that at least two thirds of those voting in each poll support the proposal to dissolve the group.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27J
- (1) This section applies where the council for a group of communities applies to the principal council within whose area the communities lie for an order dissolving the group.
- (2) The principal council must consider whether is it satisfied that—
- (a) the conditions in section 27I are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsection (4)).
- (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council for any of the communities in the group in accordance with this Act and Part I of the Representation of the People Act 1983.
##### 27K
- (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community included in a group of communities for an order under section 27L separating the community from the group.
- (2) The first condition is that a community meeting of the community has taken an effective decision to hold a poll on a proposal to separate the community from its group.
- (3) For the purposes of the first condition a decision is only effective if not less than—
- (a) 30% of the local government electors for the community, or
- (b) 300 of the electors (if 30% of the electors exceeds 300 electors),
are present and voting at the community meeting.
- (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.
- (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to separate the community from its group (that period of two years beginning with the day on which the earlier poll was held).
- (6) The fourth condition is that at least two-thirds of those voting in the poll support the proposal to separate the community from its group.
- (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.
##### 27L
- (1) This section applies where a community meeting of a community included in a group of communities applies to the principal council within whose area the community lies for an order separating the community from the group.
- (2) The principal council must consider whether is it satisfied that—
- (a) the conditions in section 27K are met; and
- (b) any relevant requirements of Schedule 12 have been met.
- (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsection (4)).
- (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council for the community in accordance with this Act and Part I of the Representation of the People Act 1983.
##### 27M
- (1) The Welsh Ministers may by order amend the following provisions of this Act—
- (a) section 27A(3) and (6);
- (b) section 27C(3) and (6);
- (c) section 27E(3) and (6);
- (d) section 27G(3), (4), (6) and (7);
- (e) section 27I(3) and (6);
- (f) section 27K(3) and (6).
- (2) That power includes power to amend provision previously made by an order under subsection (1).
- (3) No order may be made under subsection (1) unless the Welsh Ministers have carried out such consultation as they consider appropriate with the following—
- (a) principal councils in Wales or a body representative of such councils; and
- (b) community councils in Wales or a body representative of such councils.
- (4) The power of the Welsh Ministers to make an order under subsection (1) is exercisable by statutory instrument.
- (5) A statutory instrument which contains an order under subsection (1) 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.
##### 57A
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##### 237ZA
A byelaw made under section 235 may include provision for or in connection with—
- (a) the seizure and retention of any property in connection with any contravention of the byelaw, and
- (b) the forfeiture of any such property on a person's conviction of an offence of contravention of the byelaw.
#### Savings.
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##### 33B
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##### 33C
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#### Disposal of land held by parishes and communities.
##### 26A
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##### 29A
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##### 30A
A community meeting may also be convened at any time by not less than—
- (a) 10% of the local government electors for the community, or
- (b) 50 of the electors (if 10% of the electors exceeds 50 electors).
##### 30B
- (1) Where a group of individuals assert that they have convened a community meeting under paragraph 30A above, those individuals must ensure that a notice which complies with the following requirements of this paragraph is given—
- (a) in a case where there is a community council for the community, to the community council, or
- (b) in a case where there is no community council for the community, to the principal council within whose area the community lies.
- (2) The notice must contain—
- (a) unless sub-paragraph (5) below applies to an individual, the name and address of each of the individuals who assert that they have convened a community meeting under paragraph 30A;
- (b) unless sub-paragraph (5) below applies to an individual, the signature of each of those individuals;
- (c) the business which is proposed to be transacted at the meeting;
- (d) the proposed time and place at which the meeting is to be held.
- (3) The notice must be given—
- (a) in writing (but not in an electronic form), or
- (b) in an electronic form which meets the technical requirements set by the principal council under paragraph 30C.
- (4) In sub-paragraph (2) above—
- (a) “*address*” means the individual's qualifying address for the purposes of the register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for the local government area (within the meaning of that Act) in which the community lies;
- (b) “*signature*” means—
- (i) where a notice is in writing, an individual's signature or, if the individual cannot give a signature, a signature given on the individual's behalf by a duly authorised individual who, in giving that signature, declares that he or she is so authorised;
- (ii) where a notice is in an electronic form, an electronic signature in respect of an individual which meets the authentication requirements for such signatures set by the principal council under paragraph 30C below.
- (5) This sub-paragraph applies to an individual in respect of whom an anonymous entry under section 9B of the Representation of the People Act 1983 has been made in a register of local government electors.
- (6) Where sub-paragraph (5) above applies to an individual, the notice referred to in sub-paragraph (2) above—
- (a) need not include the individual's name and address and, if it does not do so, must instead include the contents of the anonymous entry made in respect of the individual in the register of local government electors, and
- (b) need not include a signature in respect of the individual.
- (7) Where a notice is in electronic form, it is to be treated as given to a principal council or community council when the notice is given in accordance with whatever requirements the principal council has set as to the giving of such notices under paragraph 30C(2) below.
##### 30C
- (1) For the purposes of paragraph 30B(1), each community council and principal council must provide a facility for notices to be given in electronic form (“electronic notices”).
- (2) A principal council must set for its area and, to such extent as the council considers appropriate, publicise the following requirements for electronic notices—
- (a) the authentication requirements to be met by an electronic signature included within an electronic notice, and
- (b) the other technical requirements to be met by and in relation to an electronic notice.
##### 30D
- (1) Where a principal council or a community council has been given a notice under paragraph 30B above, the council must consider—
- (a) whether the group of individuals to whom the notice relates is comprised of—
- (i) at least 50 local government electors for the community in question, or
- (ii) at least 10% of the local government electors for the community in question, and
- (b) whether the notice meets the requirements of paragraph 30B above.
- (2) If the council is of the opinion that—
- (a) the group of individuals to whom the notice relates is comprised of electors as described in paragraph (1)(a)(i) or (ii) above, and
- (b) the notice meets the requirements of paragraph 30B above,
the council must give a public notice in accordance with paragraph 30E below.
- (3) If the council is not of the opinion described in paragraph (2) above, the council must take all reasonable steps to give notice to the individuals to whom the notice relates as to why the council is not of that opinion.
- (4) The relevant registration officer must supply the council with any information in relation to an individual in respect of whom the notice under paragraph 30B includes an anonymous entry, by virtue of sub-paragraph (6)(a) of that paragraph, that it is necessary for the council to have in order to perform the council's functions under this paragraph.
- (5) In sub-paragraph (4) above, “*relevant registration officer*” means the registration officer under section 8 of the Representation of the People Act 1983 in relation to the register of local government electors maintained under section 9(1)(b) of that Act for the local government area (within the meaning of that Act) in which the community in question lies.
##### 30E
- (1) The public notice required by paragraph 30D(2) above must be given within a period of 30 days beginning with the day on which the council became of the opinion described in that paragraph.
- (2) Except in a case falling within sub-paragraph (3) below, the public notice must be given not less than seven clear days before the community meeting.
- (3) Where any business proposed to be transacted at the meeting relates to the existence of the community council or the grouping of the community with other communities, the public notice must be given not less than 30 clear days before the meeting.
- (4) The public notice must—
- (a) specify the time and place of the intended meeting;
- (b) specify the business to be transacted at the meeting;
- (c) be signed by the proper officer.
- (5) In specifying a time and place for the purposes of sub-paragraph (4)(a) above, the council must take into account the proposed time and place contained in the notice given to the council under paragraph 30B(2)(d) above.
- (6) The business specified for the purposes of sub-paragraph (4)(b) above must be the same as that contained in the notice given to the council under paragraph 30B(2)(c) above.
- (7) Public notice of a community meeting shall be given—
- (a) by posting a notice of the meeting in some conspicuous place or places in the community,
- (aa) by publishing the notice electronically, and
- (b) in such other manner, if any, as appears to the council to be desirable for giving publicity to the meeting.
- (8) For the purposes of sub-paragraph (3) above, business relates to the existence of the community council or the grouping of the community with other communities if it relates to any function of a community meeting under sections 27A to 27L of this Act.
##### 38A
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##### 38B
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##### 24A
- (1) A principal council may determine to have a presiding member.
- (2) A presiding member is elected by the principal council from among the councillors.
- (3) The principal council may determine—
- (a) the functions of the presiding member, and
- (b) the term of office of the member (subject to the limits in subsection (6)).
- (4) The functions of the presiding member may, in particular, include any function of the chairman of the principal council in relation to its meetings and proceedings.
- (5) A member of the executive of a principal council , or an assistant to the executive, may not be elected as its presiding member.
- (6) A presiding member is to continue in office until the occurrence of—
- (a) the presiding member's resignation or disqualification,
- (b) a successor becoming entitled to act as presiding member,
- (c) the principal council determining not to have an office of presiding member, or
- (d) an ordinary council election under section 26.
##### 24B
- (1) The section applies where a principal council have determined to have a presiding member.
- (2) The principal council must appoint a member of the council to act as deputy to the presiding member (“the deputy presiding member”).
- (3) A member of the executive of a principal council , or an assistant to the executive, may not be appointed as the deputy presiding member.
- (4) A deputy presiding member is to continue in office until the occurrence of—
- (a) the deputy presiding member's resignation or disqualification,
- (b) a successor becoming entitled to act as deputy presiding member,
- (c) the council determining not to have an office of presiding member, or
- (d) an ordinary council election under section 26.
- (5) A deputy presiding member may do anything authorised or required to be done by the presiding member.
##### 25B
- (1) This section applies where—
- (a) a principal council have determined to have a presiding member under section 24A, and
- (b) the chairman of the council is not entitled to the style of “mayor” or “maer”.
- (2) The chairman of the council is entitled to the style of “civic chair” or “cadeirydd dinesig”.
- (3) The vice-chairman of the council is entitled to the style of ”civic vice-chair” or “dirprwy gadeirydd dinesig”.
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##### 138A
- (1) The business at a meeting of a local authority in England may include time for—
- (a) prayers or other religious observance, or
- (b) observance connected with a religious or philosophical belief.
- (2) Subsection (1) also applies in relation to meetings of—
- (a) a committee of a local authority in England,
- (b) a joint committee of two or more such authorities, whether appointed or established under Part 6 of this Act or any other enactment, or
- (c) a sub-committee of such a committee or joint committee.
- (3) Subsections (1) and (2) do not limit other powers.
##### 138B
- (1) A local authority in England may support or facilitate, or make arrangements to be represented at, any of the following—
- (a) a religious event,
- (b) an event with a religious element,
- (c) an event connected with a religious or philosophical belief, or
- (d) an event with an element connected with such a belief.
- (2) Subsection (1) does not limit other powers.
- (3) Any powers of a local authority in England that are given otherwise than under subsection (1) may be exercised—
- (a) for the purpose of supporting or facilitating any event mentioned in subsection (1), or
- (b) for purposes that include that purpose.
- (4) Subsection (3) does not limit the generality of those powers.
##### 138C
- (1) Each of the following is (subject to the limitations set out) to be treated as a local authority for the purposes of sections 138A and 138B—
- (a) the London Assembly, but only for the purposes of section 138A;
- (b) the Greater London Authority, but only for the purposes of section 138B;
- (c) the Mayor's Office for Policing and Crime, but only for the purposes of section 138B;
- (d) the London Fire Commissioner but only for the purposes of section 138B;
- (e) Transport for London;
- (f) a Mayoral development corporation;
- (g) the Common Council in its capacity as a local authority or police authority or port health authority, but only for the purposes of section 138B(3);
- (h) the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple, in that person's capacity as a local authority, but only for the purposes of section 138B(3);
- (i) the Council of the Isles of Scilly;
- (j) a parish meeting;
- (k) charter trustees constituted—
- (i) under section 246,
- (ii) by the Charter Trustees Regulations 1996 (S.I. 1996/263), or
- (iii) under Part 1 of the Local Government and Public Involvement in Health Act 2007;
- (l) a joint authority;
- (m) an economic prosperity board;
- (n) a combined authority;
- (na) a combined county authority;
- (o) a joint waste authority;
- (p) a fire and rescue authority constituted by a scheme—
- (i) under section 2 of the Fire and Rescue Services Act 2004, or
- (ii) to which section 4 of that Act applies;
- (pa) a fire and rescue authority created by an order under section 4A of that Act, but only for the purposes of section 138B;
- (q) the Passenger Transport Executive of an integrated transport area in England;
- (r) an executive body established, in relation to an Integrated Transport Authority, by virtue of section 79(1)(a) or 84(2)(d) of the Local Transport Act 2008;
- (s) a joint committee constituted to be a local planning authority by an order under section 29 of the Planning and Compulsory Purchase Act 2004;
- (t) a joint board continued in existence by section 263(1);
- (u) a joint board constituted a port health authority under section 2(4)(b) of the Public Health (Control of Disease) Act 1984;
- (v) a riparian authority within section 2(2)(b) of the Public Health (Control of Disease) Act 1984 (conservators or commissioners etc) in its capacity as a port health authority, but only for the purposes of section 138B(3);
- (w) an internal drainage board for a district neither wholly nor partly in Wales;
- (x) a police and crime commissioner, but only for the purposes of section 138B;
- (y) a police and crime panel established and maintained in accordance with Part 2 or 3 of Schedule 6 to the Police Reform and Social Responsibility Act 2011, but only for the purposes of section 138B.
- (2) Section 138A(2)(a), (b) and (c) apply—
- (a) as if a police and crime panel established and maintained in accordance with Part 3 of Schedule 6 to the Police Reform and Social Responsibility Act 2011 were a joint committee of the kind mentioned in section 138A(2)(b),
- (b) as if a committee of a police and crime panel established and maintained in accordance with Part 2 or 3 of that Schedule, and any sub-committee of such a committee, were a sub-committee of the panel,
- (c) as if a sub-committee of a joint committee constituted to be a local planning authority by an order under section 29 of the Planning and Compulsory Purchase Act 2004 were a committee of that joint committee, and
- (d) as if a committee appointed as mentioned in section 35(3) of the Localism Act 2011 (standards committee of the Greater London Authority) were a joint committee of the kind mentioned in section 138A(2)(b).
- (3) Section 138B applies in relation to the Greater London Authority as follows—
- (a) the powers conferred on the Authority by section 138B(1) are exercisable on behalf of the Authority by the Mayor of London, or by the London Assembly, or by the Mayor and Assembly acting jointly, and
- (b) section 138B(3), so far as it refers to powers of the Authority, refers to powers of the Authority whether exercisable by the Mayor, by the Assembly or by the Mayor and Assembly acting jointly.
- (4) The Common Council may make payments out of the City fund for the purpose of supporting or facilitating, or making arrangements for the Corporation of the City to be represented at, any event mentioned in section 138B(1).
- (5) The Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple may, out of funds derived from any precept issued under Part 1 of the Local Government Finance Act 1992, make payments for the purpose of supporting or facilitating, or making arrangements for the Temple concerned to be represented at, any event mentioned in section 138B(1).
- (6) Subsections (4) and (5) do not limit other powers.
- (7) An internal drainage board for a district partly but not wholly in Wales is to be treated as a local authority in England—
- (a) for the purposes of section 138A, but only in relation to meetings held otherwise than in Wales, and
- (b) for the purposes of section 138B, but only in relation to events that are to take place otherwise than in Wales.
##### 6ZA
- (1) A relevant police and crime commissioner may attend, speak at and vote at a meeting of a principal council in England which is a fire and rescue authority.
- (2) Sub-paragraph (1) applies—
- (a) only if and to the extent that the business of the meeting relates to the functions of the principal council as a fire and rescue authority, and
- (b) only if the council have consented to the participation of the relevant police and crime commissioner in such meetings in response to a request by the commissioner to do so.
- (3) If a request under sub-paragraph (2)(b) is made to a principal council, the council must—
- (a) consider the request,
- (b) give reasons for their decision to agree to or refuse the request, and
- (c) publish those reasons in such manner as they think appropriate.
- (4) If the principal council agree to the request, the relevant police and crime commissioner is to be treated as a member of the council for the purposes of the following provisions of this Schedule in the case of a meeting which relates to the functions of the council as a fire and rescue authority—
- (a) paragraph 3(2);
- (b) paragraph 4(1A);
- (c) paragraph 5(3);
- (d) paragraph 6;
- (e) paragraph 39;
- (f) paragraph 40;
- (g) paragraph 41(3);
- (h) paragraph 43.
- (5) In this paragraph “*relevant police and crime commissioner*”, in relation to a principal council, means a police and crime commissioner—
- (a) whose area is the same as, or contains all of, the area of the principal council, or
- (b) all or part of whose area falls within the area of the principal council.
##### 36A
- (1) The Welsh Ministers may by regulations make provision for and in connection with requirements concerning notices and other documents relating to community meetings and concerning the holding of such meetings and their conduct.
- (2) Regulations under sub-paragraph (1) may, in particular, include provision about—
- (a) arrangements relating to the holding of community meetings attended by persons who are not in the same place;
- (b) the convening of community meetings;
- (c) the production, publication, dissemination and content of notices of community meetings;
- (d) the recording of decisions made at community meetings;
- (e) the functions of principal councils and community councils in relation to community meetings;
- (f) eligibility to attend and to vote at community meetings.
- (3) Regulations under sub-paragraph (1) may include supplementary, incidental, consequential, transitional, transitory or saving provision (including provision amending, modifying, repealing or revoking any enactment (including this Act)).
- (4) A statutory instrument containing regulations under sub-paragraph (1) must not be made unless a draft of the instrument has been laid before and approved by resolution of Senedd Cymru.
##### 36BA
principal council and a community council exercising functions in relation to community meetings must have regard to any guidance about the exercise of those functions issued by the Welsh Ministers.
##### 100BA
- (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.
- (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.
- (6) An item of business may not be considered at a meeting of a principal council in Wales unless either—
- (a) a copy of the agenda including the item (or a copy of the item) is published electronically at least three clear days before the meeting, or, if the meeting is convened at shorter notice, at the time it is convened, or
- (b) by reason of special circumstances, which must be specified in the minutes, the chair of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.
- (7) Where the whole or part of a report is excluded under subsection (2)—
- (a) every copy of the report or of the part must be marked “Not for publication”, and
- (b) there must be stated on every copy of the report or of the part a description, in terms of Schedule 12A, of the exempt information by virtue of which the council is likely to exclude the public during the item to which the report relates.
- (8) Where a meeting of a principal council in Wales—
- (a) is required by section 100A to be open to the public during the proceedings or part of them, and
- (b) is not held through remote means only,
there must be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and of the reports for the meeting.
- (9) There must, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—
- (a) a copy of the agenda for a meeting of a principal council in Wales and a copy of each of the reports for the meeting,
- (b) such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda, and
- (c) if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the council in connection with the item.
- (10) Subsection (2) applies in relation to copies of reports provided under subsection (8) or (9) as it applies in relation to copies of reports published under subsection (1).
##### 26ZA
- (1) As soon as reasonably practicable after a meeting of a community council, and in any event before the end of seven working days beginning with the day on which the meeting is held, the council must publish electronically a note setting out—
- (a) the names of the members who attended the meeting, and any apologies for absence;
- (b) any declarations of interest;
- (c) any decision taken at the meeting, including the outcomes of any votes.
- (2) The duty under sub-paragraph (1)(c) to publish a note setting out any decisions does not apply—
- (a) in relation to a decision relating to business which was transacted in private, or
- (b) where disclosure of the information would be contrary to any enactment.
##### 80A
- (1) A person is disqualified for being elected or being a member of a local authority in Wales if—
- (a) the person is the subject of—
- (i) a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986, Schedule 2A to the Insolvency (Northern Ireland) Order 1989, or Part 13 of the Bankruptcy (Scotland) Act 2016;
- (ii) a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 or Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989;
- (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);
- (ba) the person is incapable of being elected to or holding elective office in a district council in Northern Ireland under Part 10 of the Electoral Law Act (Northern Ireland) [1962 (c. 14)](https://www.legislation.gov.uk/ukpga/1962/14) (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.
- (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.
- (4) A person is not disqualified under subsection (1)(d) at any time before the end of the ordinary period allowed for making an appeal or application in respect of the conviction.
- (5) A person who makes an appeal or application of the kind mentioned in subsection (3) or (4) is not disqualified under subsection (1)(c) or (d) at any time before the end of the day on which the appeal or application is finally disposed of, or is abandoned, or fails by reason of non-prosecution.
- (6) A person who would be disqualified but for subsection (3), (4) or (5) must not act in the office of member of a local authority in Wales.
##### 80B
- (1) A person who holds a relevant paid office or employment (see section 80C) is disqualified for being a member of a local authority in Wales, (but not for being elected as such a member).
- (2) A person is not disqualified under subsection (1) at any time before the person makes a declaration of acceptance of office in accordance with section 83.
- (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.
- (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—
- (a) the local authority to which the person was elected a member;
- (b) a committee or sub-committee of the local authority;
- (c) a joint committee or National Park authority on which the local authority is represented; ...
- (ca) a corporate joint committee established in relation to the area of the local authority; or
- (d) a holder of a paid office or employment of the kind described in paragraphs (a), (b) ,(c) or (ca).
- (2) But a relevant paid office or employment in subsection (1) does not include the office of—
- (a) chairman, vice-chairman, presiding member or deputy presiding member, or
- (b) in the case of a local authority operating executive arrangements which involve a leader and cabinet executive, the office of executive leader, member of the executive or assistant to the executive.
- (3) Subsection (1) has effect in relation to a teacher in a school maintained by a local authority whether or not the appointment to the post was made in accordance with that subsection.
- (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.
- (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.
##### 116A
A member of a local authority in Wales is disqualified for being appointed or elected by that authority to any paid office other than the office of chairman, vice-chairman, or in the case of a local authority operating executive arrangements which involve a leader and cabinet executive, the office of executive leader, member of the executive or assistant to the executive.
#### Exempt information and power to vary Schedule 12A.
#### Arrangements for discharge of functions by local authorities.
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#### Service of notices by local authorities.
#### Honorary titles.
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##### 140D
Sections 140, 140A and 140C (apart from subsection (4) of that section) apply to a corporate joint committee as they apply to a local authority.
##### 27A
- (1) This paragraph applies in respect of a meeting or part of a meeting of a community council which is open to the public.
- (2) The person presiding over the meeting must give members of the public in attendance a reasonable opportunity to make representations about any business to be transacted at the meeting, unless that person considers that doing so is likely to prejudice the effective conduct of the meeting.
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Text at this date