The Local Government and Elections (Wales) Act 2021 (Commencement No. 5 and Transitional Provision) Order 2022

Made: 2 February 2022

The Welsh Ministers make the following Order in exercise of the power conferred on them by section 175(7) and (8)(a) 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. 5 and Transitional Provision) Order 2022.

• (2) In this Order—

• “the 2000 Act” (“Deddf 2000”) means the Local Government Act 2000[^f00002];

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

Provisions coming into force on 5 May 2022

2

The following provisions of the 2021 Act come into force on 5 May 2022—

• (a) section 64;

• (b) Schedule 8.

Transitional provision

3

Despite the coming into force of the provisions referred to in article 2, the following must be investigated in accordance with Chapter 3 of Part 3 of the 2000 Act as it applied immediately before 5 May 2022—

• (a) any written allegation made to the Public Services Ombudsman for Wales before 5 May 2022 under section 69(1)(a) of the 2000 Act;

• (b) any other case that has come to the attention of the Public Services Ombudsman under section 69(1)(b) of that Act as a result of any allegation made under section 69(1)(a) before 5 May 2022.

Signed

Rebecca Evans — The Minister for Finance and Local Government, one of the Welsh Ministers — 2 February 2022

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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

Article 2 brings section 64 (introduction of Schedule 8) of, and Schedule 8 (conduct of local government members: investigations by the Public Service Ombudsman for Wales) to, the 2021 Act into force on 5 May 2022.

Article 3 ensures that investigations by the Public Services Ombudsman for Wales which relate to written allegations made by any person before 5 May 2022 under section 69(1)(a) of the Local Government Act 2000, or any other case which has come to the attention of the Ombudsman as a result of an allegation made before 5 May 2022, are not impacted by the commencement of section 64 of, and Schedule 8 to, the 2021 Act.

Footnotes

[^f00001]: 2021 asc 1.

[^f00002]: 2000 c. 22.