Legislation – Elections and Elected Bodies (Wales) Act 2024

There are currently no known outstanding effects for the Elections and Elected Bodies (Wales) Act 2024, Cross Heading: Consultation and consideration of representations.

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PART 2ELECTED BODIES AND THEIR MEMBERS

CHAPTER 1ARRANGEMENTS FOR LOCAL GOVERNMENT

Consultation and consideration of representations

43Electoral review recommendations and decisions: duty to have regard to representations

(1)

The 2013 Act is amended as follows.

(2)

In section 37 (implementation by the Welsh Ministers), for subsection (3) substitute—

“(3A)

The Welsh Ministers must not exercise their functions under subsection (1) before the end of the period of 6 weeks beginning with the day on which the Welsh Ministers receive the recommendations.

(3B)

In exercising their functions under subsection (1), the Welsh Ministers must have regard to any representations made by any person on the recommendations and received by the Welsh Ministers during the period of 6 weeks beginning with the day on which the Welsh Ministers receive the recommendations.”

(3)

In section 38 (implementation of community boundary change), for subsection (2) substitute—

“(2A)

The Commission must not exercise its functions under subsection (1) before the end of the period of 6 weeks beginning with the day on which the Commission receives the recommendations.

(2B)

In exercising its functions under subsection (1), the Commission must have regard to any representations made by any person on the recommendations and received by the Commission during the period of 6 weeks beginning with the day on which the Commission receive the recommendations.”

(4)

In section 39 (implementation of community electoral arrangements change), for subsection (4) substitute—

“(4A)

The Council must not exercise its functions under subsection (3) before the end of the period of 6 weeks beginning with the day on which the Council receives the recommendations.

(4B)

In exercising its functions under subsection (1) or (3), the Council must have regard to any representations made by any person on the recommendations and received by the Council during the period of 6 weeks beginning with the date on which the Council publishes the report (for functions in subsection (1)) or receives the recommendations (for functions under subsection (3)).”

44Names of electoral wards

(1)

The 2013 Act is amended as follows.

(2)

After section 36 (reporting on review) insert—

“36ANames of electoral ward‍s

(1)

Subsection (2) applies to a review report under this Part so far as it relates to—

(a)

an electoral ward that has different names (in any respect) for the purposes of identifying the ward in communication through Welsh and English;

(b)

a proposal for an electoral ward to have different names in any respect for the purposes of identifying the ward in communication through Welsh and English.

(2)

The Commission or the principal council (as the case may be) must specify both names or proposed names for the electoral ward in each language version of a report under section 35(2), 36(3) or 36(4).

(3)

Before making a report under section 35(2), 36(3) or 36(4), the Commission or a principal council (as the case may be) must have regard, in particular, to any representations received from the Welsh Language Commissioner on the orthography of the name or proposed name of an electoral ward to which the report relates.

(4)

In this section “each language version means the Welsh version and the English version.”

45Consultation on reviews

(1)

The 2013 Act is amended as follows.

(2)

In section 34 (pre-review procedure), in subsection (1)(a), after “attention of” insert “members of the public affected by the review,”.

(3)

In section 35 (consultation and investigation)—

(a)

in subsection (1), after “must—” insert—

“(za)

consult members of the public in the area affected by the review,”;

(b)

in subsection (3)—

(i)

after paragraph (a) insert—

“(aa)

publicise the fact that representations relating to the review may be made to the reviewing body during the public consultation period,

(ab)

indicate in the publicity when the public consultation period begins and ends,”;

(ii)

in paragraph (b) for “period for representations” substitute “public consultation period”;‍

(iii)

in paragraph (d) omit “, and”;

(iv)

omit paragraph (e);

(v)

for subsection (4) substitute—

“(4)

In subsection (3), the “public consultation period means a period of at least 6 weeks and no more than 12 weeks determined by the reviewing body, which may not begin before the end of a period of 7 days beginning with the day on which the report is published.”

(4)

In section 36 (reporting on review), in subsection (1), for “period‍ for representations” substitute “public consultation period”.

46Meaning of “mandatory consultees” in Part 3 of the 2013 Act

(1)

The 2013 Act is amended as follows.

(2)

In section 34(3) (pre-review procedure), after paragraph (c) insert—

“(ca)

the National Park authority for a National Park in an area affected by the review,

(cb)

the Port Health authority constituted under section 2 of the Public Health (Control of Disease) Act 1984 (c. 22) for a port health district in an area affected by the review,

(cc)

the Welsh Language Commissioner,”.