The Local Government and Elections (Wales) Act 2021 (Commencement No. 4 and Transitional Provision and Amendment of Commencement Order No. 1) Order 2021

Made: 9 November 2021

The Welsh Ministers make the following Order in exercise of the power conferred on them by section 175(7) and (8) of the Local Government and Elections (Wales) Act 2021[^f00001].

Title and interpretation

1

• (1) The title of this Order is the Local Government and Elections (Wales) Act 2021 (Commencement No. 4 and Transitional Provision and Amendment of Commencement Order No. 1) Order 2021.

• (2) In this Order—

• “the 2021 Act” means the Local Government and Elections (Wales) Act 2021;

• “local government election” has the meaning given by section 171(1) of the 2021 Act.

Provisions coming into force on 17 November 2021

2

The following provisions of the 2021 Act come into force on 17 November 2021—

• (a) sections 19 to 21;

• (b) paragraphs 1(3) to 1(5), 1(7), 1(9), 5 and 13 of Schedule 2.

Amendment of the Local Government and Elections (Wales) Act 2021 (Commencement No. 1 and Saving Provision) Order 2021

3

• (1) Article 6 of the Local Government and Elections (Wales) Act 2021 (Commencement No. 1 and Saving Provision) Order 2021[^f00002] is amended as follows.

• (2) For paragraph (t) substitute “(t) paragraphs 1, 3 to 5 and 6(1) to (4) of Schedule 6;”.

Transitional provision

4

• (1) Despite the coming into force of the provisions mentioned in paragraph (2) by virtue of article 2, they only have effect in relation to a local government election at which the poll is held on or after 5 May 2022.

• (2) The provisions are—

• (a) sections 19 to 21;

• (b) paragraphs 1(3) to 1(5) and 1(7) of Schedule 2.

Signed

Rebecca Evans — Minister for Finance and Local Government, one of the Welsh Ministers — 9 November 2021

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This is the fourth commencement order made by the Welsh Ministers under the Local Government and Elections (Wales) Act 2021 (“the 2021 Act”).

Article 2 of this Order brings the following provisions of the 2021 Act into force on 17 November 2021—

• section 19 (qualification for election and holding office as a member of a local authority in Wales);

• section 20 (disqualification for election and being a member of a local authority);

• section 21 (disqualification of member of a local authority in Wales for appointment to paid office);

• paragraphs 1(3) to 1(5), 1(7), 1(9), 5 and 13 of Schedule 2 (minor and consequential amendments relating to elections).

Article 3 amends article 6 of the Local Government and Elections (Wales) Act 2021 (Commencement No. 1 and Saving Provision) Order 2021 to omit paragraph 2 of Schedule 6 to the 2021 Act from the provisions which are brought into force on 5 May 2022. Paragraph 2 of Schedule 6 is a transitional provision relating to assistants to local authority executives which does not need to be brought into force as a consequence of article 2 bringing into force paragraphs 1(3) and 1(7) of Schedule 2.

Article 4 makes transitional provision to ensure that the provisions listed in paragraph (2) which are brought into force by article 2 on 17 November 2021 only have effect in relation to a local government election taking place on or after 5 May 2022. This means that the relevant provisions will be in effect for the purposes of the preparatory arrangements required for such an election, to include determining whether a candidate is qualified to be elected. However, the provisions listed in article 4(2) will have no effect for the purposes of any local government election that may take place before 5 May 2022.

Footnotes

[^f00001]: 2021 asc 1.

[^f00002]: S.I. 2021/231 (W. 57) (C. 6).