Legislation – Local Government and Elections (Wales) Act 2021

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Introduction

PART 1
ELECTIONS

1 Overview

2 Extension of right to vote in local government elections

3 Transitional provision

4 Duty to promote awareness and provide assistance

5 Two voting systems

6 Key definitions

7 The voting system that applies

8 Power to change the voting system

9 Resolutions to exercise the power to change the voting system

10 Duty to notify when resolution passed

11 Initial review by the Democracy and Boundary Commission Cymru

12 Restriction on number of councillors if single transferable vote system applies

13 Rules about the conduct of local elections in Wales

14 Change of electoral cycle for principal councils from four years to five years

15 Change of electoral cycle for community councils from four years to five years

16 Change of electoral cycle for elected mayors from four years to five years

17 Extension of power to change ordinary day of local elections in Wales

18 Registration of local government electors without application

19 Qualification for election and holding office as a member of a local authority in Wales

20 Disqualification for election and being a member of a local authority

21 Disqualification of member of a local authority in Wales for appointment to paid office

22 Translations etc. of documents at local government elections in Wales

23 Minor and consequential amendments

PART 2
GENERAL POWER OF COMPETENCE

CHAPTER 1 THE GENERAL POWER

24 Local authority’s general power of competence

25 Boundaries of the general power

26 Limits on charging in exercise of general power

27 Limits on doing things for commercial purpose in exercise of general power

28 Powers to make supplementary provision

29 Amendments relating to this Chapter

CHAPTER 2 ELIGIBLE COMMUNITY COUNCILS

30 Becoming an eligible community council

31 Continuing to be an eligible community council

32 Ceasing to be an eligible community council

33 Community councils that cease to be eligible: exercise of general power of competence

34 Common community councils established after this Act is passed

35 Power to amend or modify this Chapter

36 Guidance on exercise of functions under this Chapter

37 Amendments relating to this Chapter

PART 3
PROMOTING ACCESS TO LOCAL GOVERNMENT

CHAPTER 1 OVERVIEW OF PART

38 Overview

CHAPTER 2 PUBLIC PARTICIPATION IN DECISION-MAKING BY PRINCIPAL COUNCILS

39 Duty to encourage local people to participate in decision-making by principal councils

40 Strategy on encouraging participation

41 Public participation strategy: consultation and review

42 Duty to make petition scheme

43 Duty on principal councils to publish official addresses

44 Guidance on exercise of functions under this Chapter

CHAPTER 3 CONSTITUTION GUIDES

45 Principal councils’ duty to publish constitution and constitution guide

CHAPTER 4 LOCAL GOVERNMENT MEETINGS

46 Electronic broadcasts of meetings of certain local authorities

47 Attendance at local authority meetings

48 Participation at meetings of community councils

49 Notices etc. of local authority meetings

50 Regulations about conduct of local authority meetings, documents relating to meetings and publication of information

51 Regulations about community meetings

CHAPTER 5 ANNUAL REPORTS BY COMMUNITY COUNCILS

52 Annual reports by community councils

PART 4
LOCAL AUTHORITY EXECUTIVES, MEMBERS, OFFICERS AND COMMITTEES

53 Overview

54 Chief executives

55 Replacement of references to “salary” in section 143A of the 2011 Measure

56 Reconsideration of remuneration following direction by the Welsh Ministers

57 Appointment of assistants to executive

58 Job-sharing: executive leaders and executive members

59 Content of, and duty to have regard to, guidance under section 38 of the 2000 Act

60 Job-sharing: non-executive offices in principal councils

61 Family absence for members of local authorities

62 Duties of leaders of political groups in relation to standards of conduct

63 Duty of standards committee to make annual report

64 Certain investigations by the Public Services Ombudsman for Wales

65 Making information available to overview and scrutiny committees

66 Power to require authorities to appoint joint overview and scrutiny committees

67 Community council training plans

PART 5
COLLABORATIVE WORKING BY PRINCIPAL COUNCILS

CHAPTER 1 TERMS USED IN PART

68 Terms used in Part

CHAPTER 2 GUIDANCE ABOUT COLLABORATIVE WORKING

69 Guidance about collaborative working

CHAPTER 3 ESTABLISHING CORPORATE JOINT COMMITTEES where request has been made

70 Application by principal councils to establish a corporate joint committee

71 Consultation before making joint committee application

72 Requested joint committee regulations

73 Conditions to be met before making requested joint committee regulations

CHAPTER 4 ESTABLISHING CORPORATE JOINT COMMITTEES WHERE NO REQUEST HAS BEEN MADE

74 Joint committee regulations where no request has been made

75 Conditions to be met before making regulations under section 74

CHAPTER 5 FURTHER PROVISION RELATING TO CORPORATE JOINT COMMITTEES AND JOINT COMMITTEE REGULATIONS

76 Economic well-being function

77 Provision that may or must be included in joint committee regulations

78 Application by principal councils to amend or revoke joint committee regulations

79 Further provision in relation to applications

80 Amendment and revocation of joint committee regulations

81 Conditions to be met before amending joint committee regulations: application required from principal councils

82 Conditions to be met before amending or revoking joint committee regulations: no application required from principal councils

83 Supplementary etc. provision in certain regulations under this Part

84 Power of the Welsh Ministers to amend, repeal etc. enactments

85 Requirement to provide information etc.

86 Guidance

87 Exercise by principal councils of functions under this Part

88 Amendments relating to strategic planning and joint transport authorities

PART 6
PERFORMANCE AND GOVERNANCE OF PRINCIPAL COUNCILS AND CORPORATE JOINT COMMITTEES

CHAPTER 1 PERFORMANCE, PERFORMANCE ASSESSMENTS AND INTERVENTION : PRINCIPAL COUNCILS

Performance

89 Duty of principal council to keep its performance under review

90 Duty to consult local people etc. on performance

Self-assessments of performance

91 Duty of principal council to report on its performance

Panel assessments of performance

92 Duty of principal council to arrange panel performance assessment

93 Duty of principal council to respond to report of panel performance assessment

94 Panel performance assessments: supplementary regulations

Special inspections by Auditor General for Wales

95 Power of Auditor General to carry out a special inspection

96 Duty of principal council to respond to Auditor General’s recommendations

97 Duty of the Welsh Ministers to respond to Auditor General’s recommendations

98 Auditor General’s powers of entry and inspection etc.

99 Auditor General’s powers of entry and inspection etc.: notice and evidence of identity

100 Auditor General’s powers of entry and inspection etc.: offences

101 Auditor General’s fees

Support and assistance with improving performance

102 Support and assistance by the Welsh Ministers

103 Direction to a principal council to provide support and assistance

Intervention by the Welsh Ministers

104 Powers of the Welsh Ministers to intervene

105 Direction to co-operate with provision of support and assistance

106 Direction to take or not to take etc. a specified step

107 Direction that a function be performed by the Welsh Ministers or their nominee

Supplementary

108 Exercise of functions under this Chapter

109 Power of the Welsh Ministers to add to list of persons to whom reports etc. must be sent

110 Power of the Welsh Ministers to amend etc. enactments and confer new powers

111 Guidance

112 Interpretation

Amendment of other enactments

113 Disapplication of the 2009 Measure in relation to principal councils and repeal of provisions about coordination of audit

114 Amendment of the Well-being of Future Generations (Wales) Act 2015

Governance and audit committees of principal councils

115 New name and functions of audit committees

CHAPTER 1A PERFORMANCE, PERFORMANCE ASSESSMENTS AND INTERVENTION: CORPORATE JOINT COMMITTEES

115A Application of Chapter 1 to corporate joint committees

CHAPTER 2 GOVERNANCE AND AUDIT COMMITTEES: MEMBERSHIP AND PROCEEDINGS

116 Membership of governance and audit committee

117 Meaning of lay person

118 Proceedings etc.

CHAPTER 3 COORDINATION BETWEEN REGULATORS

119 Coordination between regulators

120 “Relevant regulators” and “relevant functions”

PART 7
MERGERS AND RESTRUCTURING OF PRINCIPAL AREAS

CHAPTER 1 VOLUNTARY MERGERS OF PRINCIPAL AREAS

121 Merger applications

122 Consultation before making merger application

123 Guidance about merger applications

124 Merger regulations

125 Shadow councils and shadow executives

126 Voting system

127 Elections

128 Duties of merging councils to facilitate transfer

CHAPTER 2 RESTRUCTURING OF PRINCIPAL AREAS

129 Conditions to be met before making restructuring regulations

130 Abolition requests

131 Restructuring regulations

132 Restructuring regulations which provide for part of a principal area to become part of another existing principal area

133 Restructuring regulations which constitute a new principal area

134 Restructuring regulations: supplementary

135 Duties of restructuring councils to facilitate transfer

CHAPTER 3 FUNCTIONS RELATING TO MERGERS AND RESTRUCTURING

136 Transition committees

137 Restraint of transactions and recruitment

138 Reviews of electoral arrangements

139 Prohibition of changes to executive arrangements

140 Requirement on principal councils to provide information etc. to the Welsh Ministers

141 Requirement on principal councils to provide information etc. to other bodies

CHAPTER 4 REMUNERATION ARRANGEMENTS FOR NEW PRINCIPAL COUNCILS

142 Directions to Democracy and Boundary Commission Cymru

143 Reports of Commission relating to shadow councils and new principal councils

144 Guidance to Commission

145 Pay policy statements

CHAPTER 5 SUPPLEMENTARY

146 Guidance

147 Other consequential etc. provision

148 Initial procedure for restructuring regulations

149 Terms used in this Part

150 Repeals of other enactments

PART 8
LOCAL GOVERNMENT FINANCE

151 Powers of billing authorities to require the supply of information relating to hereditaments

152 Requirement to supply to billing authorities information relevant to determining liability to non-domestic rates

153 Powers of billing authorities to inspect properties

154 Multipliers

155 Amendment of Chapter 3 of Part 5 of the Local Government Finance Act 1988

156 Joint and several liability to pay council tax

157 Removal of power to provide for imprisonment of council tax debtors

158 Procedure for certain regulations and orders made under the Local Government Finance Act 1992

PART 9
MISCELLANEOUS

159 Information sharing between regulators, the Auditor General for Wales and the Welsh Ministers

160 Amendment of the Public Audit (Wales) Act 2004 consequential on section 159

161 Head of democratic services

162 Abolition of polls consequent on a community meeting

163 Appointment by Local Democracy and Boundary Commission of its chief executive

164 Directions under section 48 of the 2013 Act

165 Merging and demerging public services boards under the Well-being of Future Generations (Wales) Act 2015

166

Combined fire and rescue authorities: inquiries

167 Performance and governance of fire and rescue authorities

168 Fire and rescue authorities: disapplication of the 2009 Measure

169 National Park authorities: disapplication of the 2009 Measure

170 Repeal of the 2009 Measure

PART 10
GENERAL

171 Interpretation

172 Directions

173 Power to make consequential and transitional provision etc.

174 Regulations under this Act

175 Coming into force

176 Short title

SCHEDULES

SCHEDULE 1 Initial reviews of electoral arrangements etc.

.SCHEDULE 2 Minor and consequential amendments relating to Part 1: elections

SCHEDULE 3 Amendments relating to Part 2: general power of competence

SCHEDULE 4 Notice of local authority meetings, access to documents and attendance at meetings

SCHEDULE 5 Consequential amendments relating to chief executives

SCHEDULE 6 Consequential amendments etc. relating to assistants to local authority executives

SCHEDULE 7 Job-sharing by executive leaders and executive members

SCHEDULE 8 Conduct of local government members: investigations by the Public Services Ombudsman for Wales

SCHEDULE 9 Amendments related to Corporate Joint Committees

SCHEDULE 10 Consequential amendments relating to renaming of principal council audit committees

SCHEDULE 10A (introduced by section 115A)

SCHEDULE 11 Transition committees of merging councils and restructuring councils

SCHEDULE 12 Restraints on transactions and recruitment etc. by merging councils and restructuring councils

SCHEDULE 13 Abolition of polls consequent on community meetings under the 1972 Act

SCHEDULE 14 Consequential amendments relating to merger and demerger of public services boards

Changes to legislation:

There are currently no known outstanding effects for the Local Government and Elections (Wales) Act 2021,
PART 1
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PART 1ELECTIONS

Overview of Part

1Overview

This Part—

(a)

provides for the extension of the right to vote in local government elections to new categories of person (sections 2 to 4);

(b)

provides for two systems for the election of councillors for principal councils (the simple majority system and the single transferable vote system) and makes provision about which system applies to any particular council (including a power for any councils to decide which applies) and the powers to make rules for such elections (sections 5 to 13);

(c)

provides for change to the electoral cycle for local government elections from four years to five years (sections 14 to 16) and extension of the power to change the ordinary day of local elections in Wales (section 17);

(d)

provides for registration of local government electors without application (section 18);

(e)

makes provision about qualification for election and holding office as a member of a local authority (section 19);

(f)

makes provision about disqualification for election or from holding office as a member of a local authority (sections 20 and 21);

(g)

makes provision about the display of documents at local elections (section 22);

(h)

makes provision about meeting returning officers’ expenditure (paragraph 2(5) of Schedule 2).

Right to vote in local government elections

2Extension of right to vote in local government elections

(1)

In section 2 of the 1983 Act (local government electors)—

(a)

in subsection (1)—

(i)

in paragraph (c), for “or a relevant citizen of the Union” substitute
, a relevant citizen of the Union or (in Wales) a qualifying foreign citizen
;

(ii)

in paragraph (d), after “over” insert
except in Wales (see subsection (1A))
;

(b)

after subsection (1) insert—

“(1A)

In Wales, voting age is 16 years or over.”

(2)

In section 12 of the Government of Wales Act 2006 (c. 32)
(entitlement to vote)—

(a)

in subsection (1)(a), omit “or fall within the extended franchise for Senedd elections as described in this section”;

(b)

omit subsection (1A);

(c)

omit subsection (1B).

(3)

In section 4 of the 1983 Act (entitlement to be registered as a local government elector)—

(a)

in subsection (3)—

(i)

in paragraph (c), for “or a relevant citizen of the Union” substitute
, a relevant citizen of the Union or (in relation to a local government election in Wales) a qualifying foreign citizen
;

(ii)

in paragraph (d), omit “ or, if resident in an area in Wales, is 16 years of age or over”;

(b)

omit subsection (3A);

(c)

omit subsection (5B).

3Transitional provision

(1)

Despite the coming into force of the amendments made by the provisions mentioned in subsection (2) by virtue of section 175(3), they only have effect in relation to a local government election or a local referendum for the purposes of—

(a)

a local government election at which the poll is held on or after 5 May 2022;

(b)

a local referendum held on or after 5 May 2022.

(2)

The provisions are—

(a)

section 2(1) and (3);

(b)

section 22;

(c)

paragraphs 2(12), 8(3)(b), 15 and 19 of Schedule 2.

(3)

In subsection (1), “local referendum” means a referendum held under—

(a)

section 27 of the 2000 Act or by virtue of regulations or an order made under Part 2 of that Act;

(b)

section 40 of the 2011 Measure.

4Duty to promote awareness and provide assistance

(1)

A principal council must—

(a)

promote awareness among relevant young people of the arrangements for registration as local government electors that apply to them;

(b)

take the steps the council considers necessary to help relevant young people register as local government electors.

(2)

In this section “relevant young people” means—

(a)

persons resident in the principal council’s area who have attained the age of 14, but are under the age of 18;

(b)

persons of the same age who—

(i)

are not resident in the area of the principal council, and

(ii)

are looked after by the council;

(c)

persons of the same age who—

(i)

are not resident in the area of the principal council, and

(ii)

are persons to whom the council has a duty to safeguard and promote their well-being under section 109 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

(3)

In this section, a person is looked after if the person is a looked after child for the purposes of the Social Services and Well-being (Wales) Act 2014.

Voting systems for elections to principal councils

5Two voting systems

(1)

There are two systems for electing councillors of a principal council in polls at contested elections—

(a)

a simple majority system, and

(b)

a single transferable vote system.

(2)

See local elections rules for provision about how each system works.

(3)

See sections 7 to 9 for provision about which system applies to a council and how the system that applies to a council is changed.

(4)

In this Part, “local elections rules” means—

(a)

rules made under section 36A of the 1983 Act (inserted by section 13(3));

(b)

rules made under section 36 of the 1983 Act that have effect by virtue of section 13(4).

Annotations:
Commencement Information

I3S. 5 in force at 6.5.2022, see s. 175(6)(a)

6Key definitions

(1)

A “simple majority system” means an electoral system where—

(a)

each voter may cast as many votes as there are offices to be filled;

(b)

in the case of an election for a single office, the candidate who receives the highest number of votes is elected;

(c)

in the case of an election to fill more than one office, the candidates equal to the number of offices to be filled who receive the highest number of votes are elected.

(2)

A “single transferable vote system” means an electoral system where—

(a)

in the case of an election to fill more than one office—

(i)

voters express a first preference for one candidate and may express second and further preferences for other candidates;

(ii)

a quota for election is calculated from the number of votes and offices to be filled;

(iii)

the first preferences are counted and any candidate whose first preference votes equal or exceed the quota is elected;

(iv)

if insufficient candidates are elected under sub-paragraph (iii), the proportion of an elected candidate’s votes above the quota is redistributed according to voters’ further preferences;

(v)

candidates who then reach the quota are elected and the candidate with the fewest votes is excluded;

(vi)

the excluded candidate’s votes are redistributed according to voters’ further preferences;

(vii)

if insufficient candidates are elected under sub-paragraphs (iv) to (vi), the steps described in those sub-paragraphs are repeated until all offices are filled;

(b)

in the case of an election for a single office—

(i)

voters express a first preference for one candidate and may express second and further preferences for other candidates;

(ii)

an absolute majority of votes for election is calculated from the number of votes;

(iii)

the first preferences are counted and, if a candidate’s first preference votes equal or exceed the absolute majority of votes, that candidate is elected;

(iv)

if no candidate is elected under sub-paragraph (iii), the candidate with the fewest votes is excluded, the excluded candidate’s votes are redistributed according to voters’ further preferences and a candidate who then reaches the absolute majority is elected;

(v)

if no candidate is elected under sub-paragraph (iv), the steps described in sub-paragraph (iv) are repeated until a candidate is elected.

(3)

The systems described in subsections (1) and (2) may include other provision for situations where—

(a)

following the steps described does not lead to a candidate being elected, or

(b)

it would not be appropriate to follow the steps described.

(4)

This section applies for the purposes of this Part.

Annotations:
Commencement Information

I4S. 6 in force at 6.5.2022, see s. 175(6)(a)

7The voting system that applies

(1)

This section provides for the voting system that applies to electing councillors of a principal council in a poll at a contested election.

(2)

The simple majority system provided for by local elections rules applies, unless and until the council changes the voting system for the first time.

(3)

But in the case of a principal council constituted by regulations under Part 7 (mergers and restructuring), the voting system provided for in the regulations applies, unless and until the council changes the voting system for the first time after the first ordinary election of councillors to the council.

(4)

After a principal council has changed the voting system for the first time (including the first time after a principal council is established), the system to which the council has most recently decided to change applies (subject to subsection (6)).

(5)

If a principal council changes its voting system, the change takes effect at the first ordinary election of councillors that takes place after the council passes the resolution required by section 9 and continues in effect unless and until the system is changed again.

(6)

But in a poll for an election to fill a casual vacancy in the office of councillor that takes place before the first ordinary election of councillors after the principal council passes the resolution required by section 9, the voting system that applied at the last ordinary election applies.

Annotations:
Commencement Information

I5S. 7 in force at 6.5.2022, see s. 175(6)(a)

8Power to change the voting system

(1)

A principal council may change the voting system that applies to the election of councillors of the council, subject to the requirements of this section and section 9.

(2)

If the voting system that applies to a council for the time being is the simple majority system provided for by local elections rules, the council may change it to the single transferable vote system provided for by those rules.

(3)

If the voting system that applies to a council for the time being is the single transferable vote system provided for by local elections rules, the council may change it to the simple majority system provided for by those rules.

(4)

The power to change the voting system under this section—

(a)

is not to be the responsibility of an executive of the council under executive arrangements (within the meaning of section 10 of the 2000 Act);

(b)

is not a function to which section 101 of the 1972 Act (arrangements for discharge of functions by local authorities) applies.

(5)

Before a principal council exercises its power to change its voting system it must consult—

(a)

the persons entitled to vote as electors at a local government election in its area;

(b)

each community council in its area;

(c)

such other persons as it considers appropriate.

Annotations:
Commencement Information

I6S. 8 in force at 6.5.2022, see s. 175(6)(a)

9Resolutions to exercise the power to change the voting system

(1)

A principal council’s power under section 8(1) must be exercised by resolution of the council in accordance with this section.

(2)

A resolution to exercise the power is not passed unless the number of councillors voting in favour of it at a meeting of the council is at least two-thirds of the total number of councillor seats on the council.

(3)

A resolution to exercise the power is of no effect unless—

(a)

the resolution is considered at a meeting specially convened for the purpose,

(b)

written notice of the meeting is given to all councillors, and

(c)

the meeting takes place after the end of a period of 21 days beginning with the day on which notice is given.

(4)

A resolution to exercise the power has no effect unless it is passed before 15 November of the year that is three years before the year in which the next ordinary election of the council is due to be held.

(5)

After a principal council has exercised the power, a further resolution to exercise the power has no effect unless two ordinary elections of the council have been held under the voting system to which it was changed.

(6)

A resolution to exercise the power passed during the period between two consecutive ordinary elections of the council has no effect if the council has previously voted on a resolution to exercise the power during that period at a meeting held in accordance with subsection (3).

Annotations:
Commencement Information

I7S. 9 in force at 6.5.2022, see s. 175(6)(a)

10Duty to notify when resolution passed

(1)

If a principal council exercises its power to change the voting system under section 8, the council must notify the Welsh Ministers and the F1Democracy and Boundary Commission Cymru of the change.

(2)

The notification must—

(a)

be made within a period of 14 days beginning on the day on which the resolution under section 9 was passed,

(b)

confirm that the council has passed a resolution in accordance with section 9,

(c)

specify the voting system that is to apply, and

(d)

specify the date on which the resolution was passed.

11Initial review by the F2Democracy and Boundary Commission Cymru

(1)

After receiving a notification from a principal council under section 10, the Welsh Ministers may direct the F3Democracy and Boundary Commission Cymru (“the Commission”) to conduct an initial review of the area of the council.

(2)

Before giving a direction under subsection (1) the Welsh Ministers must consult—

(a)

the Commission, and

(b)

such persons representing principal councils as the Welsh Ministers consider appropriate.

(3)

A direction under subsection (1) to conduct an initial review may specify that one or more matters of a kind described in paragraph (a) or (b) are not to be considered in the initial review; and those matters are—

(a)

matters set out in paragraph (b) of the definition of “electoral arrangements” in paragraph 3(1) of Schedule 1 (community councils’ electoral arrangements);

(b)

matters set out in the definition of “relevant consequential changes” in paragraph 3(1) of Schedule 1.

(4)

A direction under subsection (1) must specify the voting system in relation to which the electoral arrangements are to be reviewed.

(5)

Schedule 1 makes provision in relation to initial reviews conducted by virtue of this section.

12Restriction on number of councillors if single transferable vote system applies

Where the single transferable vote system applies to the election of councillors for a principal council, the number of councillors for each electoral ward is to be no less than three, but no more than six.

Annotations:
Commencement Information

I10S. 12 in force at 6.5.2022, see s. 175(6)(a)

13Rules about the conduct of local elections in Wales

(1)

The 1983 Act is amended as follows.

(2)

In section 36(1) (local elections in England and Wales), omit “and Wales”.

(3)

After section 36 insert—

“36ARules for local elections in Wales

(1)

Elections of councillors for local government areas in Wales must be conducted in accordance with rules made by the Welsh Ministers.

(2)

In relation to the election of councillors to a county council or a county borough council, rules under subsection (1) must—

(a)

require polls to be conducted if elections are contested,

(b)

establish the requirements for becoming a candidate for election,

(c)

require votes at polls to be given by ballot, and

(d)

provide for polls to be conducted under the voting systems authorised by sections 5 to 9 of the Local Government and Elections (Wales) Act 2021, which are a simple majority system and a single transferable vote system.

(3)

In relation to the election of community councillors for a community council, rules under subsection (1) must—

(a)

require polls to be conducted if elections are contested,

(b)

establish the requirements for becoming a candidate for election,

(c)

require votes at polls to be given by ballot, and

(d)

provide for polls to be conducted under a simple majority system.

(4)

Rules under subsection (1) may make any other provision for the conduct of elections of councillors for local government areas in Wales.

(5)

Rules made by the Welsh Ministers may, for the purposes of, in consequence of, or for giving full effect to rules made under subsection (1), make supplementary, incidental, consequential, transitional, transitory or saving provision.

(6)

Rules under subsection (5) may amend, modify, repeal or revoke any enactment (including an enactment contained in this Act).

(7)

Before making rules under this section, the Welsh Ministers must consult such persons as they consider appropriate.

(8)

The requirement to consult imposed by subsection (7) may be satisfied by consultation undertaken before the coming into force of this section.

(9)

The power to make rules under this section—

(a)

is exercisable by statutory instrument;

(b)

includes power to make different provision for different purposes.

(10)

A statutory instrument containing rules under this section must not be made unless a draft of the instrument has been laid before and approved by resolution of Senedd Cymru.”

F4(4)

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

(5)

Until sections 5 to 9 of this Act come into force, section 36A(2)(d) of the 1983 Act has effect as if it made the following provision—

“(d)

provide for polls to be conducted under a simple majority system.”

Electoral cycles

14Change of electoral cycle for principal councils from four years to five years

(1)

Section 26 of the 1972 Act (election of councillors) is amended as follows.

(2)

In subsection (1), for “fourth” substitute
fifth
.

(3)

In subsection (2), for “four” substitute
five
.

15Change of electoral cycle for community councils from four years to five years

(1)

Section 35 of the 1972 Act (election years) is amended as follows.

(2)

In subsection (2), for “fourth” substitute
fifth
.

(3)

In subsection (2A), for “four” substitute
five
.

16Change of electoral cycle for elected mayors from four years to five years

In section 39 of the 2000 Act (elected mayors etc.), in subsection (7) for “four” substitute
five
.

17Extension of power to change ordinary day of local elections in Wales

(1)

Section 37ZA of the 1983 Act (ordinary day of local elections in Wales) is amended as follows.

(2)

In subsection (1)—

(a)

after “applies” insert
or an order under subsection (1A) provides otherwise
;

(b)

in paragraph (b) omit the words from “made not later” to the end.

(3)

After subsection (1) insert—

“(1A)

The Welsh Ministers may by order fix a different day to the one specified in or fixed under subsection (1) as the ordinary day of election of—

(a)

councillors for one or more counties or county boroughs in Wales, or

(b)

community councillors for one or more communities in Wales.

(1B)

An order under subsection (1) or (1A) may fix a day for one or more years.”

(4)

In subsection (2), after “subsection (1)” insert
or fixed under subsection (1A)
.

(5)

In subsection (3), after “subsection (1)” insert
or fixed under subsection (1A)
.

(6)

In subsection (5), for “subsection (3)” substitute
this section
.

(7)

After subsection (5) insert—

“(6)

Before making an order under this section, the Welsh Ministers must consult—

(a)

each council affected by the order,

(b)

any bodies appearing to the Welsh Ministers to represent the interests of the councils affected by the order, and

(c)

such other persons as the Welsh Ministers consider appropriate.”

Registration of local government electors

18Registration of local government electors without application

(1)

The 1983 Act is amended as follows.

(2)

In section 9 (registers of electors), after subsection (2) insert—

“(2A)

In relation to each register of local government electors for an area in Wales, the names of persons the registration officer has decided to register in accordance with section 9ZA must also be contained in the register, along with the information mentioned in paragraphs (b) and (c) of subsection (2) relating to those persons.”

(3)

After section 9 insert—

“9ZARegistration of local government electors in Wales without application

(1)

This section applies to the registration of local government electors in Wales.

(2)

If the registration officer is satisfied that a person not in the register of local government electors is entitled to be registered, the officer may decide to register the person without an application, subject to the provisions of this section.

(3)

Before deciding to register a person, the registration officer must notify the person in writing of—

(a)

the officer’s intention to register the person without an application after the end of the notice period required by subsection (5),

(b)

the person’s right to request exclusion from the edited register,

(c)

the person’s right to apply for anonymous registration,

(d)

the type of elections in which the person will be entitled to vote following registration under this section, and

(e)

the type of elections in which the person will not be entitled to vote following registration under this section, unless an application for registration is made.

(4)

The notice under subsection (3) must be in a form specified in regulations made by the Welsh Ministers; and the regulations may make further provision about giving notice for the purposes of this section.

(5)

The registration officer must not register the person under this section—

(a)

before the end of a period of 28 days beginning with the day on which the notice is issued;

(b)

at any time when there is an undetermined application by the person for an anonymous entry in the local government register under section 9B.

(6)

The registration officer must keep a separate list of the persons registered under this section.

(7)

The power to make regulations under this section is exercisable by statutory instrument.

(8)

A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of Senedd Cymru, unless it also contains provisions subject to an affirmative procedure in Senedd Cymru.”

(4)

In section 9E (maintenance of registers: invitations to register in Great Britain), after subsection (1) insert—

“(1A)

The duty in subsection (1) does not apply if the registration officer intends to register the person without an application under section 9ZA and gives notice to the person in accordance with that section.”

(5)

In section 10ZE (removal of electors in Great Britain from register)—

(a)

after subsection (2) insert—

“(2A)

Where a person is entered in a register of local government electors in Wales by virtue of section 9ZA, the registration officer must also remove the person’s entry from the register if the officer determines that the person is not entitled to be registered in the register of local government electors for reasons other than those mentioned in subsection (1).”;

(b)

in subsection (3), after “(1)” insert
or (2A)
;

(c)

after subsection (4) insert—

“(4A)

The Welsh Ministers may by regulations make provision about the procedure for making determinations under subsection (2A), which may include provision requiring an officer to take prescribed steps before making a determination.”

(d)

after subsection (5) insert—

“(5A)

In relation to a person registered under section 9ZA, a registration officer for a local government area in Wales must consider whether to make a determination under subsection (2A) if the officer—

(a)

receives an objection to the person’s registration in the register, or

(b)

otherwise becomes aware of information that causes the officer to suspect that the person is not entitled to be registered in the register of local government electors.

(5B)

The Welsh Ministers’ power to make regulations under subsection (4A) is exercisable by statutory instrument.

(5C)

A statutory instrument containing regulations under subsection (4A) is subject to annulment in pursuance of a resolution of Senedd Cymru, unless it also contains provisions subject to an affirmative procedure in Senedd Cymru.”

(6)

In section 13A(1) (alteration of registers), after paragraph (zb) insert—

“(zc)

in the case of a registration officer for a local government area in Wales, decides to register a person under section 9ZA;”.

(7)

In section 13AB(1) (alteration of registers: interim publication dates), in paragraph (a) after “(zb),” insert
(zc),
.

(8)

In section 13B(2) (alteration of registers: pending elections), in paragraph (a) after “(zb),” insert
(zc),
.

(9)

In section 56(1) (registration appeals: England and Wales), after paragraph (aa) insert—

“(azaa)

from any decision of a registration officer for a local government area in Wales to register a person under section 9ZA;”.

Qualification for membership of a local authority

19Qualification for election and holding office as a member of a local authority in Wales

(1)

Section 79 of the 1972 Act is amended as follows.

(2)

In subsection (1), after “Union” insert
or, in the case of a local authority in Wales, a qualifying foreign citizen
.

(3)

After subsection (2C) insert—

“(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).”

Disqualification of members of local authorities

20Disqualification for election and being a member of a local authority

After section 80 of the 1972 Act insert—

“80ADisqualification for election or being a member of a local authority in Wales

(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.

80BDisqualification for being a member of a local authority in Wales and holding local office or employment

(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).

80CPaid office or employment to which disqualification applies

(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.”

21Disqualification of member of a local authority in Wales for appointment to paid office

After section 116 of the 1972 Act insert—

“116AMembers of local authorities in Wales not to be appointed as officers

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.”

Documents at local government elections

22Translations etc. of documents at local government elections in Wales

(1)

The 1983 Act is amended as follows.

(2)

In section 199B (translation etc. of certain documents), after subsection (10) insert—

“(11)

This section does not apply to a local government election in Wales.”

(3)

After section 199B, insert—

“199CLocal government elections in Wales: translations etc. of certain documents

(1)

Subsections (2) and (3) apply to any document which under or by virtue of this Act is required or authorised to be given to voters or displayed in any place for the purposes of a local government election in Wales.

(2)

The person (“P”) who is required or authorised to give or display the document must, as P thinks appropriate, give or display or otherwise make available in such form as P thinks appropriate—

(a)

the document in Braille;

(b)

the document in languages other than English and Welsh;

(c)

graphical representations of the information contained in the document;

(d)

other means of making the information contained in the document accessible to persons who might not otherwise have reasonable access to the information.

(3)

P must, as P thinks appropriate, make available the information contained in the document in such audible form as P thinks appropriate.

(4)

Subsections (2) and (3) do not apply to—

(a)

the nomination paper; or

(b)

the ballot paper.”

General

23Minor and consequential amendments

Schedule 2 makes minor and consequential amendments.

Annotations:
Commencement Information

I14S. 23 in force at 20.3.2021 for specified purposes, see s. 175(3)(f)(7) (subject to s. 3)