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
2024-11-09
Local Government Act 1972
2024-06-25
Local Government Act 1972
2024-05-07
Local Government Act 1972
2024-03-21
Local Government Act 1972
2024-02-28
Local Government Act 1972
2024-02-07
Local Government Act 1972
2023-12-26
Local Government Act 1972
2023-12-20
Local Government Act 1972
2023-08-04
Local Government Act 1972
2023-07-14
Local Government Act 1972
2023-07-12
Local Government Act 1972
2023-04-01
Local Government Act 1972
2022-07-15
Local Government Act 1972
2022-06-28
Local Government Act 1972
2022-05-05
Local Government Act 1972
2022-04-28
Local Government Act 1972
2022-04-21
Local Government Act 1972
2022-03-25
Local Government Act 1972
2022-03-18
Local Government Act 1972
2022-01-01
Local Government Act 1972
2021-12-03
Local Government Act 1972
Changes on 2021-12-03
@@ -4,7 +4,7 @@
### New local government areas
#### New local government areas in England.
#### Constitution of principal councils 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.
#### Provision supplementary to sections 9 to 11.
#### Parishes: alternative styles
##### 12
@@ -1202,11 +1202,11 @@
### Qualifications and disqualifications
#### Consultation with community councils.
#### Principal council's response to a community poll
##### 79
- (1) A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be elected and to be a member of a local authority . . . if he is a qualifying Commonwealth citizen or a citizen of the Republic of Ireland or a relevant citizen of the Union and on the relevant day he has attained the age of eighteen years and—
- (1) A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be elected and to be a member of a local authority . . . if he is a qualifying Commonwealth citizen or a citizen of the Republic of Ireland or a relevant citizen of the Union or, in the case of a local authority in Wales, a qualifying foreign citizen and on the relevant day he has attained the age of eighteen years and—
- (a) on that day he is and thereafter he continues to be a local government elector for the area of the authority; or
@@ -1236,9 +1236,21 @@
- (2C) But a person is not a qualifying Commonwealth citizen by virtue of subsection (2B)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).
- (2D) For the purposes of this section, a person is a qualifying foreign citizen if the person—
- (a) is not a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union, and
- (b) either—
- (i) is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or
- (ii) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.
- (2E) But a person is not a qualifying foreign citizen by virtue of subsection (2D)(b)(i) if the person does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).
##### 80
- (1) Subject to the provisions of section 81 below, a person shall be disqualified for being elected or being a member of a local authority . . . if he—
- (1) Subject to the provisions of section 81 below, a person shall be disqualified for being elected or being a member of a local authority in England . . . if he—
- (a) holds any paid office or employment (other than the office of chairman, vice-chairman , deputy chairman, presiding member or deputy presiding member or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive) appointments or elections to which are or may be made or confirmed by the local authority or any committee or sub-committee of the authority or by a . . . joint committee or National Park authority on which the authority are represented or by any person holding any such office or employment; or
@@ -1250,7 +1262,7 @@
- (e) is disqualified for being a member of the relevant council under Part III of the Representation of the People Act 1983 or for being a charter trustee under the Audit Commission Act 1998, and in this paragraph “the relevant council” means the council of the county or district in which is comprised the area for which charter trustees are established by any statutory instrument made under Part II of the Local Government 1992.
- (2) Subject to the provisions of section 81 below, a paid officer of a local authority who is employed under the direction of—
- (2) Subject to the provisions of section 81 below, a paid officer of a local authority in England who is employed under the direction of—
- (a) a committee or sub-committee of the authority any member of which is appointed on the nomination of some other local authority; or
@@ -1280,7 +1292,7 @@
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Local Government Boundary Commission for Wales.
##### 81
@@ -1392,7 +1404,7 @@
- (a) ceases to be qualified to be a member of the authority; or
- (b) becomes disqualified for being a member of the authority otherwise than under section 79 of the Local Government Act 2000 or section 34 of the Localism Act 2011 or by virtue of, a conviction or a breach of any provision of Part II of the Representation of thePeople Act 1983; or
- (b) becomes disqualified for being a member of the authority otherwise than under section 80A(1)(c) of this Act, section 79 of the Local Government Act 2000 or section 34 of the Localism Act 2011 or by virtue of, a conviction or a breach of any provision of Part II of the Representation of thePeople Act 1983; or
- (c) ceases to be a member of the authority by reason of failure to attend meetings of the authority;
@@ -1411,6 +1423,8 @@
- (c) in the case of death, on the date of death;
- (d) in the case of a disqualification by virtue of a conviction, on the expiration of the ordinary period allowed for making an appeal or application with respect to the ... conviction or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;
- (da) in the case of disqualification of a member of a local authority in Wales under paragraph (c) of section 80A(1), on the date on which the person becomes disqualified under that paragraph;
- (e) in the case of an election being declared void on an election petition, on the date of the report or certificate of the election court;
@@ -2459,7 +2473,7 @@
##### 116
A person shall, so long as he is, and for twelve months after he ceases to be, a member of a local authority, be disqualified for being appointed or elected by that authority to any paid office, other than to the office of chairman or vice-chairman or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive. . ..
A person shall, so long as he is, and for twelve months after he ceases to be, a member of a local authority in England, be disqualified for being appointed or elected by that authority to any paid office, other than to the office of chairman or vice-chairman or, in the case of a local authority in England which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive. . ..
##### 117
@@ -3293,7 +3307,9 @@
##### 151
Without prejudice to section 111 above, every local authority shall make arrangements for the proper administration of their financial affairs and shall secure that one of their officers has responsibility for the administration of those affairs.
- (1) Without prejudice to section 111 above, every local authority shall make arrangements for the proper administration of their financial affairs and shall secure that one of their officers has responsibility for the administration of those affairs.
- (2) This section applies to a corporate joint committee as it applies to a local authority.
##### 152
@@ -3715,7 +3731,7 @@
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Appointment of staff.
#### Subsidiary powers of local authorities.
##### 191
@@ -3783,7 +3799,7 @@
- (5) In section 10 of the Fire Services Act 1947, as amended by Schedule 8 to the Local Government Act 1958 (power to make schemes in advance of alterations of local government areas) for the words from the beginning to “combined authorities” there shall be substituted the words “ If an order is made under Part IV of the Local Government Act 1972 constituting any area as a new county or altering the area of a county ”. . .
#### Powers of principal councils with respect to emergencies or disasters.
#### Financial assistance to be conditional on provision of information.
##### 198
@@ -3815,7 +3831,7 @@
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Principal councils’ funds and accounts.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 205
@@ -5303,6 +5319,8 @@
- “*Common Council*” means the Common Council of the City;
- “corporate joint committee” means a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;
- “*county*”, without more, means, in relation to England, a metropolitan county or a non-metropolitan county , but in the expression “*county council*”, “*council of a county*”, “*county councillor*” and “*councillor of a county*” means, in relation to England, a non-metropolitan county only:;
- “*district*”, without more, means, in relation to England, a metropolitan district or a non-metropolitan district;
@@ -5385,7 +5403,7 @@
- (2) In this Act and in any other enactment, whether passed before, at the same time as, or after this Act, the expression “*non-metropolitan county*” means any county other than a metropolitan county, and the expression “*non-metropolitan district*” means any district other than a metropolitan district.
- (3) Any reference in this Act to a proper officer and any reference which by virtue of this Act is to be construed as such a reference shall, in relation to any purpose and any local authority or other body or any area, be construed as a reference to an officer appointed for that purpose by that body or for that area, as the case may be.
- (3) Any reference in this Act to a proper officer , corporate joint committee and any reference which by virtue of this Act is to be construed as such a reference shall, in relation to any purpose and any local authority or other body or any area, be construed as a reference to an officer appointed for that purpose by that body or for that area, as the case may be.
- (4) In any provision of this Act which applies to a London borough, except Schedule 2 to this Act,—
@@ -15046,6 +15064,40 @@
[^key-6bc8be4d29756dd02c1b198424c02a42]: S. 7 excluded (29.10.2021) by [The City of Liverpool (Scheme of Elections and Elections of Elected Mayor) Order 2021 (S.I. 2021/1089)](https://www.legislation.gov.uk/uksi/2021/1089), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2021/1089/article/1/1), [3(2)](https://www.legislation.gov.uk/uksi/2021/1089/article/3/2)
[^key-581407d6cd6fd2828ac64121d9984a25]: [S. 111(3)](https://www.legislation.gov.uk/ukpga/1972/70/section/111/3) excluded (W.) (1.11.2021) by [Local Government and Elections (Wales) Act 2021 (asc 1)](https://www.legislation.gov.uk/asc/2021/1), [ss. 25(5)](https://www.legislation.gov.uk/asc/2021/1/section/25/5), [175(7)](https://www.legislation.gov.uk/asc/2021/1/section/175/7); [S.I. 2021/231](https://www.legislation.gov.uk/wsi/2021/231), [reg. 4(a)](https://www.legislation.gov.uk/wsi/2021/231/regulation/4/a)
[^key-0f8eaf288d841ceac7f21ab58417a46a]: S. 79(2D)(2E) inserted (17.11.2021) by [Local Government and Elections (Wales) Act 2021 (asc 1)](https://www.legislation.gov.uk/asc/2021/1), [ss. 19(3)](https://www.legislation.gov.uk/asc/2021/1/section/19/3), [175(7)](https://www.legislation.gov.uk/asc/2021/1/section/175/7); [S.I. 2021/1249](https://www.legislation.gov.uk/wsi/2021/1249), [art. 2(a)](https://www.legislation.gov.uk/wsi/2021/1249/article/2/a) (with [art. 4](https://www.legislation.gov.uk/wsi/2021/1249/article/4))
[^key-44d54aa249cebb9da34f968ba109e3d3]: Words in [s. 79(1)](https://www.legislation.gov.uk/ukpga/1972/70/section/79/1) inserted (17.11.2021) by [Local Government and Elections (Wales) Act 2021 (asc 1)](https://www.legislation.gov.uk/asc/2021/1), [ss. 19(2)](https://www.legislation.gov.uk/asc/2021/1/section/19/2), [175(7)](https://www.legislation.gov.uk/asc/2021/1/section/175/7); [S.I. 2021/1249](https://www.legislation.gov.uk/wsi/2021/1249), [art. 2(a)](https://www.legislation.gov.uk/wsi/2021/1249/article/2/a) (with [art. 4](https://www.legislation.gov.uk/wsi/2021/1249/article/4))
[^key-a566100a35f0f50d09d33f281a7858c5]: Words in [s. 80(1)](https://www.legislation.gov.uk/ukpga/1972/70/section/80/1) inserted (17.11.2021) by [Local Government and Elections (Wales) Act 2021 (asc 1)](https://www.legislation.gov.uk/asc/2021/1), [s. 175(7)](https://www.legislation.gov.uk/asc/2021/1/section/175/7), [Sch. 2 para. 1(3)(a)](https://www.legislation.gov.uk/asc/2021/1/schedule/2/paragraph/1/3/a); [S.I. 2021/1249](https://www.legislation.gov.uk/wsi/2021/1249), [art. 2(b)](https://www.legislation.gov.uk/wsi/2021/1249/article/2/b) (with [art. 4](https://www.legislation.gov.uk/wsi/2021/1249/article/4))
[^key-a28fa8d4ed20ceed69e640efa88a15a8]: Words in [s. 80(2)](https://www.legislation.gov.uk/ukpga/1972/70/section/80/2) inserted (17.11.2021) by [Local Government and Elections (Wales) Act 2021 (asc 1)](https://www.legislation.gov.uk/asc/2021/1), [s. 175(7)](https://www.legislation.gov.uk/asc/2021/1/section/175/7), [Sch. 2 para. 1(3)(b)](https://www.legislation.gov.uk/asc/2021/1/schedule/2/paragraph/1/3/b); [S.I. 2021/1249](https://www.legislation.gov.uk/wsi/2021/1249), [art. 2(b)](https://www.legislation.gov.uk/wsi/2021/1249/article/2/b) (with [art. 4](https://www.legislation.gov.uk/wsi/2021/1249/article/4))
[^key-1f414a35f16ced41d79c7bbfa02ed833]: Words in [s. 86(1)(b)](https://www.legislation.gov.uk/ukpga/1972/70/section/86/1/b) inserted (17.11.2021) by [Local Government and Elections (Wales) Act 2021 (asc 1)](https://www.legislation.gov.uk/asc/2021/1), [s. 175(7)](https://www.legislation.gov.uk/asc/2021/1/section/175/7), [Sch. 2 para. 1(4)](https://www.legislation.gov.uk/asc/2021/1/schedule/2/paragraph/1/4); [S.I. 2021/1249](https://www.legislation.gov.uk/wsi/2021/1249), [art. 2(b)](https://www.legislation.gov.uk/wsi/2021/1249/article/2/b) (with [art. 4](https://www.legislation.gov.uk/wsi/2021/1249/article/4))
[^key-bac74fec0278261ad2666e7914e00c08]: [S. 87(1)(da)](https://www.legislation.gov.uk/ukpga/1972/70/section/87/1/da) inserted (17.11.2021) by [Local Government and Elections (Wales) Act 2021 (asc 1)](https://www.legislation.gov.uk/asc/2021/1), [s. 175(7)](https://www.legislation.gov.uk/asc/2021/1/section/175/7), [Sch. 2 para. 1(5)](https://www.legislation.gov.uk/asc/2021/1/schedule/2/paragraph/1/5); [S.I. 2021/1249](https://www.legislation.gov.uk/wsi/2021/1249), [art. 2(b)](https://www.legislation.gov.uk/wsi/2021/1249/article/2/b) (with [art. 4](https://www.legislation.gov.uk/wsi/2021/1249/article/4))
[^key-5750eab8c0aa8e9a8f17897d10f42f50]: Words in [s. 116](https://www.legislation.gov.uk/ukpga/1972/70/section/116) inserted (17.11.2021) by [Local Government and Elections (Wales) Act 2021 (asc 1)](https://www.legislation.gov.uk/asc/2021/1), [s. 175(7)](https://www.legislation.gov.uk/asc/2021/1/section/175/7), [Sch. 2 para. 1(7)(a)](https://www.legislation.gov.uk/asc/2021/1/schedule/2/paragraph/1/7/a); [S.I. 2021/1249](https://www.legislation.gov.uk/wsi/2021/1249), [art. 2(b)](https://www.legislation.gov.uk/wsi/2021/1249/article/2/b) (with [art. 4](https://www.legislation.gov.uk/wsi/2021/1249/article/4))
[^key-cfb2c9d5e3292f9da2c8d4c0bea34abc]: [Ss. 80A-80C](https://www.legislation.gov.uk/ukpga/1972/70/section/80A) inserted (17.11.2021) by [Local Government and Elections (Wales) Act 2021 (asc 1)](https://www.legislation.gov.uk/asc/2021/1), [ss. 20](https://www.legislation.gov.uk/asc/2021/1/section/20), [175(7)](https://www.legislation.gov.uk/asc/2021/1/section/175/7); [S.I. 2021/1249](https://www.legislation.gov.uk/uksi/2021/1249), [art. 2(a)](https://www.legislation.gov.uk/uksi/2021/1249/article/2/a) (with [art. 4](https://www.legislation.gov.uk/uksi/2021/1249/article/4))
[^key-aedd517abb47acbc3631a8459fc023aa]: [S. 116A](https://www.legislation.gov.uk/ukpga/1972/70/section/116A) inserted (17.11.2021) by [Local Government and Elections (Wales) Act 2021 (asc 1)](https://www.legislation.gov.uk/asc/2021/1), [ss. 21](https://www.legislation.gov.uk/asc/2021/1/section/21), [175(7)](https://www.legislation.gov.uk/asc/2021/1/section/175/7); [S.I. 2021/1249](https://www.legislation.gov.uk/wsi/2021/1249), [art. 2(a)](https://www.legislation.gov.uk/wsi/2021/1249/article/2/a) (with [art. 4](https://www.legislation.gov.uk/wsi/2021/1249/article/4))
[^key-9576afe44d5de510ca9d0f9aece90ea0]: Words in [s. 80](https://www.legislation.gov.uk/ukpga/1972/70/part/V/crossheading/qualifications-and-disqualifications) heading substituted (17.11.2021) by [Local Government and Elections (Wales) Act 2021 (asc 1)](https://www.legislation.gov.uk/asc/2021/1), [s. 175(7)](https://www.legislation.gov.uk/asc/2021/1/section/175/7), [Sch. 2 para. 1(3)(d)](https://www.legislation.gov.uk/asc/2021/1/schedule/2/paragraph/1/3/d); [S.I. 2021/1249](https://www.legislation.gov.uk/wsi/2021/1249), [art. 2(b)](https://www.legislation.gov.uk/wsi/2021/1249/article/2/b) (with [art. 4](https://www.legislation.gov.uk/wsi/2021/1249/article/4))
[^key-e69457f593e374ee53b843e47588f01d]: Words in [s. 116](https://www.legislation.gov.uk/ukpga/1972/70/part/VII/crossheading/staff) heading inserted (17.11.2021) by [Local Government and Elections (Wales) Act 2021 (asc 1)](https://www.legislation.gov.uk/asc/2021/1), [s. 175(7)](https://www.legislation.gov.uk/asc/2021/1/section/175/7), [Sch. 2 para. 1(7)(b)](https://www.legislation.gov.uk/asc/2021/1/schedule/2/paragraph/1/7/b); [S.I. 2021/1249](https://www.legislation.gov.uk/wsi/2021/1249), [art. 2(b)](https://www.legislation.gov.uk/wsi/2021/1249/article/2/b) (with [art. 4](https://www.legislation.gov.uk/wsi/2021/1249/article/4))
[^key-0fb92c3be707103d1c9bcb0850dc2998]: [Sch. 12A Pts. 4-6](https://www.legislation.gov.uk/ukpga/1972/70/schedule/12A/part/4) applied (with modifications) (3.12.2021) by [The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349)](https://www.legislation.gov.uk/wsi/2021/1349), [regs. 1(2)](https://www.legislation.gov.uk/wsi/2021/1349/regulation/1/2), [26](https://www.legislation.gov.uk/wsi/2021/1349/regulation/26)
[^key-616e4b98df661c3962f08122e6d50799]: S. 151 renumbered as s. 151(1) (3.12.2021) by [The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349)](https://www.legislation.gov.uk/uksi/2021/1349), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2021/1349/regulation/1/2), [5(2)](https://www.legislation.gov.uk/uksi/2021/1349/regulation/5/2)
[^key-7c68f5a4746cea475d7e51edc2abd5b1]: [S. 151(2)](https://www.legislation.gov.uk/ukpga/1972/70/section/151/2) inserted (3.12.2021) by [The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349)](https://www.legislation.gov.uk/wsi/2021/1349), [regs. 1(2)](https://www.legislation.gov.uk/wsi/2021/1349/regulation/1/2), [5(3)](https://www.legislation.gov.uk/wsi/2021/1349/regulation/5/3)
[^key-09d66b4949e5d1762ae38955f3395c68]: Words in [s. 270(1)](https://www.legislation.gov.uk/ukpga/1972/70/section/270/1) inserted (3.12.2021) by [The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349)](https://www.legislation.gov.uk/wsi/2021/1349), [regs. 1(2)](https://www.legislation.gov.uk/wsi/2021/1349/regulation/1/2), [38](https://www.legislation.gov.uk/wsi/2021/1349/regulation/38)
[^key-66e9af9025c1f588ffb920d29eec8e98]: Words in [s. 270(3)](https://www.legislation.gov.uk/ukpga/1972/70/section/270/3) inserted (3.12.2021) by [The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349)](https://www.legislation.gov.uk/wsi/2021/1349), [regs. 1(2)](https://www.legislation.gov.uk/wsi/2021/1349/regulation/1/2), [9(2)](https://www.legislation.gov.uk/wsi/2021/1349/regulation/9/2)
[^M_F_20ba057f-d7c3-4cf9-c3b1-b5e21337c334]: 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. 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/m) (with transitional provisions in [art. 4](https://www.legislation.gov.uk/uksi/2002/344/article/4))
[^M_F_ff3c5381-e381-4e7c-9c51-c5352b99f18c]: Words in [s. 234(4)](https://www.legislation.gov.uk/ukpga/1972/70/section/234/4) 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/m) (with transitional provisions in [art. 4](https://www.legislation.gov.uk/uksi/2002/344/article/4))
@@ -15062,7 +15114,7 @@
#### Local Government Boundary Commission for Wales.
#### Qualifications for election and holding office as member of local authority.
#### Disqualifications for election and holding office as member of a local authority in England.
#### Exceptions to provisions of section 80.
@@ -15072,7 +15124,7 @@
#### Temporary appointment of members of parish and community councils.
#### Inspection of records relating to functions exercisable by members
#### Application to committees and sub-committees.
#### Arrangements for discharge of functions by local authorities.
@@ -15080,1032 +15132,1032 @@
#### Security to be taken in relation to officers.
#### Accountability of officers.
#### Security to be taken in relation to officers.
#### Disposal of land by principal councils.
#### Disposal of land held by parishes and communities.
#### Traffic and transportation functions.
#### Ordnance survey.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Consents to land transactions by local authorities and protection of purchasers.
#### Fire services.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Fire services.
#### Public transport in passenger transport areas.
#### Public libraries and museums (England).
#### Charities.
#### Maintenance of a closed churchyard.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Term of office of persons filling casual vacancies.
#### Term of office of persons filling casual vacancies.
#### Inspection and publication of minutes and other documents after meetings.
#### Interpretation and application of Part VA.
#### Arrangements for discharge of functions by local authorities.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Traffic and transportation functions.
#### Ordnance survey.
#### Fire services.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Fire services.
#### Public transport in passenger transport areas.
#### Public libraries and museums (England).
#### Cemeteries and crematoria.
#### Maintenance of a closed churchyard.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Fire services.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Honorary titles.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Honorary titles.
#### Savings.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Savings.
#### 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.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Temporary appointment of members of parish and community councils.
#### Access to agenda and connected reports.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Public transport in passenger transport areas.
#### Public libraries and museums (England).
#### Public notices.
#### Power to direct inquiries.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Principal councils’ funds and accounts.
#### Local highway authorities and maintenance powers of district councils.
#### Sites for gipsy encampments.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Service of notices by local authorities.
#### Repeals.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## PART 4 — DESCRIPTIONS OF EXEMPT INFORMATION: WALES
## PART 5 — QUALIFICATIONS: WALES
## PART 6 — INTERPRETATION: WALES
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Disqualification for election or being a member of a local authority in Wales
#### Admission to meetings of principal councils.
#### Application to new authorities, Common Council, etc.
#### Charities.
#### Maintenance of a closed churchyard.
#### Parish councillors.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Term of office of persons filling casual vacancies.
#### Term of office of persons filling casual vacancies.
#### Inspection and publication of background papers.
#### Interpretation and application of Part VA.
#### Appointment of committees.
#### Constitution of principal councils in Wales.
#### Election of chairman.
#### Filling of casual vacancies in case of councillors.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Local highway authorities and maintenance powers of district councils.
#### Ordnance survey.
#### Fire services.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Fire services.
#### Public transport in passenger transport areas.
#### Public libraries and museums (England).
#### Cemeteries and crematoria.
#### Maintenance of a closed churchyard.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 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.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 33B
- (1) This section applies where a principal council has been given a notice under paragraph 38B(3) or (5)(a) of Schedule 12 to this Act which contains a determination that a question in relation to which a poll consequent on a community meeting was taken relates to the council's functions.
- (2) The council must, during the relevant period, perform one of the actions described in subsection (4).
- (3) If the council chooses to perform more than one action, the council may do so during or after the relevant period.
- (4) The actions referred to in subsection (2) are as follows—
- (a) to exercise the council's functions in accordance with the question in relation to which the poll was taken;
- (b) to include the question of what action (if any) the council should take in response to the community poll within the business to be transacted at a meeting of the principal council held within the relevant period (and for this purpose a meeting of a committee or sub-committee of the council does not count);
- (c) to initiate a consultation exercise which seeks the views of such members of the public as the council considers appropriate about what action (if any) the council should take in response to the community poll;
- (d) to hold a meeting open to members of the public, at such venue as the council considers appropriate, for the purpose of seeking the views of members of the public about what action (if any) the council should take in response to the community poll;
- (e) to initiate research for the purpose of assisting the council to decide what action (if any) it should take in response to the community poll;
- (f) to refer the question of what action (if any) the council should take in response to the community poll to an overview and scrutiny committee with a request that the committee reports its conclusions to the council.
- (5) In this section the “*relevant period*” means the period of two months beginning on the day following that on which the notice referred to in subsection (1) was given.
##### 33C
- (1) As soon as is reasonably practicable following the end of the relevant period for the purposes of section 33B of this Act, a principal council must take all reasonable steps to give the chairman of, or person who presided at, the community meeting referred to in subsection (1) of that section a notice in writing which—
- (a) describes what action the council has taken in response to the community poll to which the notice relates, and
- (b) describes what further action (if any) the council intends to take.
- (2) If notice cannot be given to the chairman of, or person who presided at, the community meeting—
- (a) in the case of a community meeting convened under paragraph 30 of Schedule 12 to this Act, the notice must instead be given to the chairman of the community council for the community;
- (b) in the case of a community meeting convened under paragraph 30A of Schedule 12 to this Act, the principal council must instead take all reasonable steps to give notice to each of the individuals who convened the community meeting.
- (3) Subject to subsection (5), notice under subsection (2)(b) is to be given by sending the notice to the address given in respect of an individual in the relevant convening notice.
- (4) In subsection (3), “*relevant convening notice*” means the notice given to the council under paragraph 30B of Schedule 12 to this Act which preceded the holding of the community meeting at which the poll in question was demanded.
- (5) Where an individual is an anonymous registrant in the register of local government electors (within the meaning of paragraph 29A of Schedule 12 to this Act), the duty under subsection (3) does not apply and notice shall instead be given, and related functions performed, in accordance with sub-paragraphs (4) to (8) of paragraph 29A of Schedule 12 to this Act.
- (6) The council must publish the notice on its website for a period of at least six months, beginning with the day on which the notice was given.
#### Supplemental provisions and offences.
##### 26A
- (1) This paragraph applies where a community council has been given a notice under sub-paragraph (4) or (5)(b) of paragraph 38B below.
- (2) The community council must ensure that the question of what action (if any) the council should take in response to the community poll, or the part of the community poll, to which the notice relates is included within the business to be transacted at a meeting of the community council held within the relevant period.
- (3) If it is necessary for the chairman of the community council to exercise his power under paragraph 25(1) above to call an extraordinary meeting of a community council in order for the community council to comply with sub-paragraph (2) above, the chairman must so exercise that power.
- (4) In sub-paragraph (2) “*relevant period*” means the period of six weeks beginning with the day following that on which the notice referred to in sub-paragraph (1) was given.
##### 29A
- (1) This paragraph applies where—
- (a) a meeting of a community council has considered the question of what action (if any) the council is to take in response to a poll consequent on a community meeting,
- (b) that question was included within the business to be transacted at the meeting in order to comply with paragraph 26A(2) above, and
- (c) the poll was taken following a demand being made at a community meeting which was convened under paragraph 30A below.
- (2) The council must take all reasonable steps to give notice to each of the individuals who convened the community meeting referred to in sub-paragraph (1) above of what action (if any) the council intends to take in response to the poll, or that part of the poll which was considered at the meeting.
- (3) Notice under sub-paragraph (2) above must be given—
- (a) subject to sub-paragraph (4) below, in writing by sending it to the address given in respect of an individual in the relevant convening notice, and
- (b) as soon as is reasonably practicable after the meeting of the community council was held.
- (4) Where an individual falling within sub-paragraph (2) above is an anonymous registrant in the register of local government electors, sub-paragraph (3)(a) above does not apply and the notice must instead be given in writing to the principal council within whose area the community in question lies.
- (5) The notice under sub-paragraph (4) above must include the entry in respect of the individual which was included in the relevant convening notice.
- (6) Where a principal council is given notice under sub-paragraph (4)—
- (a) the council must, as soon as reasonably practicable, send the notice to the individual concerned, and
- (b) for that purpose and for the purposes of paragraph 30D below, section 9B(8) of the Representation of the People Act 1983 (communications with anonymous registrants) shall have effect as if the council were an officer referred to in that section.
- (7) The relevant registration officer must supply the principal council with any information that it is necessary for the council to have in order to comply with the duty under sub-paragraph (6) above.
- (8) In this paragraph—
- “*anonymous registrant in the register of local government electors*” means an individual in respect of whom the relevant convening notice included an entry referred to in paragraph 30B(6)(a) below;
- “*relevant convening notice*” means the notice given to the council under paragraph 30B below which preceded the holding of the community meeting at which the poll in question was demanded;
- “*relevant registration officer*” means the registration officer under section 8 of the Representation of the People Act 1983 in relation to the register of electors for the local government area (within the meaning of that Act) in which the community in question lies.
##### 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
- (1) This paragraph applies to a poll (other than a poll to which sub-paragraph (2) below refers) consequent on a community meeting where a majority of those voting were in favour of the question in relation to which the poll was taken.
- (2) This paragraph does not apply to a poll taken on a question of a type specified in regulations made by the Welsh Ministers.
- (3) The returning officer in relation to the poll must give notice in writing to the monitoring officer (within the meaning of section 5 of the Local Government and Housing Act 1989) of the relevant principal council of—
- (a) the question posed by the poll, and
- (b) the fact that that a majority of those voting were in favour of that question.
- (4) In sub-paragraph (3) above, “*relevant principal council*” means the principal council in whose area lies the community of the community meeting at which the poll was demanded.
- (5) The power of the Welsh Ministers to make regulations under sub-paragraph (2) above is exercisable by statutory instrument.
- (6) A statutory instrument which contains regulations under sub-paragraph (2) above is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
##### 38B
- (1) Within a period of 14 days beginning with the day on which notice was given under paragraph 38A(3) above, the monitoring officer must determine whether, in the officer's opinion, the question in relation to which the poll was taken corresponds to any of the descriptions in sub-paragraph (2) below.
- (2) Those descriptions are—
- (a) a question which relates only to the functions of the principal council,
- (b) a question which relates only to the functions of a community council for the relevant community,
- (c) a question which relates to the functions of the principal council and the functions of a community council for the relevant community.
- (3) If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(a) above, the officer must give notice of that determination to the principal council (see section 33B of this Act for the duties of the council upon being given such notice).
- (4) If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(b) above, the officer must give notice of that determination to the community council (see paragraphs 26A and 29A above for the duties arising following the giving of such a notice).
- (5) If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(c) above, the officer must—
- (a) to the extent that the determination concludes that the question relates to the functions of the principal council, give notice of the determination to the principal council (see section 33B of this Act for the duties of the council upon being given such notice), and
- (b) to the extent that the determination concludes that the question relates to the functions of the community council, give notice of the determination to the community council (see paragraphs 26A and 29A above for the duties arising following the giving of such a notice).
- (6) A notice required to be given by this paragraph must—
- (a) be given in writing,
- (b) be given as soon as is reasonably practicable after the date of determination, and
- (c) include the monitoring officer's reasons for the determination to which the notice relates.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Honorary titles.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 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 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 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”.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### 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.
#### Admission to meetings of principal councils.
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#### 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.
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## PART 4 — DESCRIPTIONS OF EXEMPT INFORMATION: WALES
## PART 5 — QUALIFICATIONS: WALES
## PART 6 — INTERPRETATION: WALES
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#### Validity of acts done by unqualified persons.
#### Admission to meetings of principal councils.
#### Exempt information and power to vary Schedule 12A.
#### 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
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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
- (1) This section applies where a principal council has been given a notice under paragraph 38B(3) or (5)(a) of Schedule 12 to this Act which contains a determination that a question in relation to which a poll consequent on a community meeting was taken relates to the council's functions.
- (2) The council must, during the relevant period, perform one of the actions described in subsection (4).
- (3) If the council chooses to perform more than one action, the council may do so during or after the relevant period.
- (4) The actions referred to in subsection (2) are as follows—
- (a) to exercise the council's functions in accordance with the question in relation to which the poll was taken;
- (b) to include the question of what action (if any) the council should take in response to the community poll within the business to be transacted at a meeting of the principal council held within the relevant period (and for this purpose a meeting of a committee or sub-committee of the council does not count);
- (c) to initiate a consultation exercise which seeks the views of such members of the public as the council considers appropriate about what action (if any) the council should take in response to the community poll;
- (d) to hold a meeting open to members of the public, at such venue as the council considers appropriate, for the purpose of seeking the views of members of the public about what action (if any) the council should take in response to the community poll;
- (e) to initiate research for the purpose of assisting the council to decide what action (if any) it should take in response to the community poll;
- (f) to refer the question of what action (if any) the council should take in response to the community poll to an overview and scrutiny committee with a request that the committee reports its conclusions to the council.
- (5) In this section the “*relevant period*” means the period of two months beginning on the day following that on which the notice referred to in subsection (1) was given.
##### 33C
- (1) As soon as is reasonably practicable following the end of the relevant period for the purposes of section 33B of this Act, a principal council must take all reasonable steps to give the chairman of, or person who presided at, the community meeting referred to in subsection (1) of that section a notice in writing which—
- (a) describes what action the council has taken in response to the community poll to which the notice relates, and
- (b) describes what further action (if any) the council intends to take.
- (2) If notice cannot be given to the chairman of, or person who presided at, the community meeting—
- (a) in the case of a community meeting convened under paragraph 30 of Schedule 12 to this Act, the notice must instead be given to the chairman of the community council for the community;
- (b) in the case of a community meeting convened under paragraph 30A of Schedule 12 to this Act, the principal council must instead take all reasonable steps to give notice to each of the individuals who convened the community meeting.
- (3) Subject to subsection (5), notice under subsection (2)(b) is to be given by sending the notice to the address given in respect of an individual in the relevant convening notice.
- (4) In subsection (3), “*relevant convening notice*” means the notice given to the council under paragraph 30B of Schedule 12 to this Act which preceded the holding of the community meeting at which the poll in question was demanded.
- (5) Where an individual is an anonymous registrant in the register of local government electors (within the meaning of paragraph 29A of Schedule 12 to this Act), the duty under subsection (3) does not apply and notice shall instead be given, and related functions performed, in accordance with sub-paragraphs (4) to (8) of paragraph 29A of Schedule 12 to this Act.
- (6) The council must publish the notice on its website for a period of at least six months, beginning with the day on which the notice was given.
#### Principal councils to publish additional information.
##### 26A
- (1) This paragraph applies where a community council has been given a notice under sub-paragraph (4) or (5)(b) of paragraph 38B below.
- (2) The community council must ensure that the question of what action (if any) the council should take in response to the community poll, or the part of the community poll, to which the notice relates is included within the business to be transacted at a meeting of the community council held within the relevant period.
- (3) If it is necessary for the chairman of the community council to exercise his power under paragraph 25(1) above to call an extraordinary meeting of a community council in order for the community council to comply with sub-paragraph (2) above, the chairman must so exercise that power.
- (4) In sub-paragraph (2) “*relevant period*” means the period of six weeks beginning with the day following that on which the notice referred to in sub-paragraph (1) was given.
##### 29A
- (1) This paragraph applies where—
- (a) a meeting of a community council has considered the question of what action (if any) the council is to take in response to a poll consequent on a community meeting,
- (b) that question was included within the business to be transacted at the meeting in order to comply with paragraph 26A(2) above, and
- (c) the poll was taken following a demand being made at a community meeting which was convened under paragraph 30A below.
- (2) The council must take all reasonable steps to give notice to each of the individuals who convened the community meeting referred to in sub-paragraph (1) above of what action (if any) the council intends to take in response to the poll, or that part of the poll which was considered at the meeting.
- (3) Notice under sub-paragraph (2) above must be given—
- (a) subject to sub-paragraph (4) below, in writing by sending it to the address given in respect of an individual in the relevant convening notice, and
- (b) as soon as is reasonably practicable after the meeting of the community council was held.
- (4) Where an individual falling within sub-paragraph (2) above is an anonymous registrant in the register of local government electors, sub-paragraph (3)(a) above does not apply and the notice must instead be given in writing to the principal council within whose area the community in question lies.
- (5) The notice under sub-paragraph (4) above must include the entry in respect of the individual which was included in the relevant convening notice.
- (6) Where a principal council is given notice under sub-paragraph (4)—
- (a) the council must, as soon as reasonably practicable, send the notice to the individual concerned, and
- (b) for that purpose and for the purposes of paragraph 30D below, section 9B(8) of the Representation of the People Act 1983 (communications with anonymous registrants) shall have effect as if the council were an officer referred to in that section.
- (7) The relevant registration officer must supply the principal council with any information that it is necessary for the council to have in order to comply with the duty under sub-paragraph (6) above.
- (8) In this paragraph—
- “*anonymous registrant in the register of local government electors*” means an individual in respect of whom the relevant convening notice included an entry referred to in paragraph 30B(6)(a) below;
- “*relevant convening notice*” means the notice given to the council under paragraph 30B below which preceded the holding of the community meeting at which the poll in question was demanded;
- “*relevant registration officer*” means the registration officer under section 8 of the Representation of the People Act 1983 in relation to the register of electors for the local government area (within the meaning of that Act) in which the community in question lies.
##### 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
- (1) This paragraph applies to a poll (other than a poll to which sub-paragraph (2) below refers) consequent on a community meeting where a majority of those voting were in favour of the question in relation to which the poll was taken.
- (2) This paragraph does not apply to a poll taken on a question of a type specified in regulations made by the Welsh Ministers.
- (3) The returning officer in relation to the poll must give notice in writing to the monitoring officer (within the meaning of section 5 of the Local Government and Housing Act 1989) of the relevant principal council of—
- (a) the question posed by the poll, and
- (b) the fact that that a majority of those voting were in favour of that question.
- (4) In sub-paragraph (3) above, “*relevant principal council*” means the principal council in whose area lies the community of the community meeting at which the poll was demanded.
- (5) The power of the Welsh Ministers to make regulations under sub-paragraph (2) above is exercisable by statutory instrument.
- (6) A statutory instrument which contains regulations under sub-paragraph (2) above is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
##### 38B
- (1) Within a period of 14 days beginning with the day on which notice was given under paragraph 38A(3) above, the monitoring officer must determine whether, in the officer's opinion, the question in relation to which the poll was taken corresponds to any of the descriptions in sub-paragraph (2) below.
- (2) Those descriptions are—
- (a) a question which relates only to the functions of the principal council,
- (b) a question which relates only to the functions of a community council for the relevant community,
- (c) a question which relates to the functions of the principal council and the functions of a community council for the relevant community.
- (3) If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(a) above, the officer must give notice of that determination to the principal council (see section 33B of this Act for the duties of the council upon being given such notice).
- (4) If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(b) above, the officer must give notice of that determination to the community council (see paragraphs 26A and 29A above for the duties arising following the giving of such a notice).
- (5) If the monitoring officer determines that the question in relation to which the poll was taken corresponds to the description in sub-paragraph (2)(c) above, the officer must—
- (a) to the extent that the determination concludes that the question relates to the functions of the principal council, give notice of the determination to the principal council (see section 33B of this Act for the duties of the council upon being given such notice), and
- (b) to the extent that the determination concludes that the question relates to the functions of the community council, give notice of the determination to the community council (see paragraphs 26A and 29A above for the duties arising following the giving of such a notice).
- (6) A notice required to be given by this paragraph must—
- (a) be given in writing,
- (b) be given as soon as is reasonably practicable after the date of determination, and
- (c) include the monitoring officer's reasons for the determination to which the notice relates.
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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 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 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—
@@ -16369,3 +16421,83 @@
- (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);
- (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; or
- (d) a holder of a paid office or employment of the kind described in paragraphs (a), (b) or (c).
- (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.
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