Legislation – Local Government and Elections (Wales) Act 2021
PART 1
ELECTIONS
2 Extension of right to vote in local government elections
4 Duty to promote awareness and provide assistance
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 Local Democracy and Boundary Commission
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
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 2 PUBLIC PARTICIPATION IN DECISION-MAKING BY PRINCIPAL COUNCILS
Principal councils’ duty to encourage participation in local government
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
Principal council’s petition scheme
42 Duty to make petition scheme
Addresses of members of principal councils
43 Duty on principal councils to publish official addresses
44 Guidance on exercise of functions under this Chapter
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
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
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 2 GUIDANCE ABOUT COLLABORATIVE WORKING
69 Guidance about collaborative working
CHAPTER 3 ESTABLISHING CORPORATE JOINT COMMITTEES where request has been made
Applications to establish a corporate joint committee
70 Application by principal councils to establish a corporate joint committee
71 Consultation before making joint committee application
Requested joint committee regulations
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
Promotion and improvement of economic well-being
76 Economic well-being function
Provision in joint committee regulations
77 Provision that may or must be included in joint committee regulations
Amendment and revocation of 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
Supplementary etc. provision in and in relation to joint committee regulations
83 Supplementary etc. provision in certain regulations under this Part
84 Power of the Welsh Ministers to amend, repeal etc. enactments
Functions of and relating to corporate joint committees and principal councils
85 Requirement to provide information etc.
87 Exercise by principal councils of functions under this Part
Amendments of other enactments
88 Amendments relating to strategic planning and joint transport authorities
PART 6
PERFORMANCE AND GOVERNANCE OF PRINCIPAL COUNCILS
CHAPTER 1 PERFORMANCE, PERFORMANCE ASSESSMENTS AND INTERVENTION
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
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
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
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 2 GOVERNANCE AND AUDIT COMMITTEES: MEMBERSHIP AND PROCEEDINGS
116 Membership of governance and audit committee
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
122 Consultation before making merger application
123 Guidance about merger applications
125 Shadow councils and shadow executives
128 Duties of merging councils to facilitate transfer
CHAPTER 2 RESTRUCTURING OF PRINCIPAL AREAS
129 Conditions to be met before making restructuring regulations
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
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 Independent Remuneration Panel for Wales
143 Reports of Panel relating to shadow councils and new principal councils
147 Other consequential etc. provision
148 Initial procedure for restructuring regulations
150 Repeals of other enactments
PART 8
LOCAL GOVERNMENT FINANCE
151 Powers of billing authorities to require the supply of information relating to hereditaments
153 Powers of billing authorities to inspect properties
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
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
173 Power to make consequential and transitional provision etc.
174 Regulations under this Act
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 9 Amendments related to Corporate Joint Committees
SCHEDULE 10 Consequential amendments relating to renaming of principal council audit committees
SCHEDULE 11 Transition committees of 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
PART 1ELECTIONS
Voting systems for elections to principal councils
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.