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:

Local Government and Elections (Wales) Act 2021 is up to date with all changes known to be in force on or before 30 March 2026. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.


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Local Government and Elections (Wales) Act 2021
PART 1ELECTIONS
Overview of Part
1Overview
Right to vote in local government elections
2Extension of right to vote in local government elections
3Transitional provision
4Duty to promote awareness and provide assistance
Voting systems for elections to principal councils
5Two voting systems
6Key definitions
7The voting system that applies
8Power to change the voting system
9Resolutions to exercise the power to change the voting system
10Duty to notify when resolution passed
11Initial review by the Democracy and Boundary Commission Cymru
12Restriction on number of councillors if single transferable vote system applies
13Rules about the conduct of local elections in Wales
Electoral cycles
14Change of electoral cycle for principal councils from four years to five years
15Change of electoral cycle for community councils from four years to five years
16Change of electoral cycle for elected mayors from four years to five years
17Extension of power to change ordinary day of local elections in Wales
Registration of local government electors
18Registration of local government electors without application
Qualification for membership of a local authority
19Qualification for election and holding office as a member of a local authority in Wales
Disqualification of members of local authorities
20Disqualification for election and being a member of a local authority
21Disqualification of member of a local authority in Wales for appointment to paid office
Documents at local government elections
22Translations etc. of documents at local government elections in Wales
General
23Minor and consequential amendments
PART 2GENERAL POWER OF COMPETENCE
CHAPTER 1THE GENERAL POWER
24Local authority’s general power of competence
25Boundaries of the general power
26Limits on charging in exercise of general power
27Limits on doing things for commercial purpose in exercise of general power
28Powers to make supplementary provision
29Amendments relating to this Chapter
CHAPTER 2ELIGIBLE COMMUNITY COUNCILS
30Becoming an eligible community council
31Continuing to be an eligible community council
32Ceasing to be an eligible community council
33Community councils that cease to be eligible: exercise of general power of competence
34Common community councils established after this Act is passed
35Power to amend or modify this Chapter
36Guidance on exercise of functions under this Chapter
37Amendments relating to this Chapter
PART 3PROMOTING ACCESS TO LOCAL GOVERNMENT
CHAPTER 1OVERVIEW OF PART
38Overview
CHAPTER 2PUBLIC PARTICIPATION IN DECISION-MAKING BY PRINCIPAL COUNCILS
Principal councils’ duty to encourage participation in local government
39Duty to encourage local people to participate in decision-making by principal councils
40Strategy on encouraging participation
41Public participation strategy: consultation and review
Principal council’s petition scheme
42Duty to make petition scheme
Addresses of members of principal councils
43Duty on principal councils to publish official addresses
Guidance
44Guidance on exercise of functions under this Chapter
CHAPTER 3CONSTITUTION GUIDES
45Principal councils’ duty to publish constitution and constitution guide
CHAPTER 4LOCAL GOVERNMENT MEETINGS
46Electronic broadcasts of meetings of certain local authorities
47Attendance at local authority meetings
48Participation at meetings of community councils
49Notices etc. of local authority meetings
50Regulations about conduct of local authority meetings, documents relating to meetings and publication of information
51Regulations about community meetings
CHAPTER 5ANNUAL REPORTS BY COMMUNITY COUNCILS
52Annual reports by community councils
PART 4LOCAL AUTHORITY EXECUTIVES, MEMBERS, OFFICERS AND COMMITTEES
Overview of Part
53Overview
Chief executives
54Chief executives
55Replacement of references to “salary” in section 143A of the 2011 Measure
56Reconsideration of remuneration following direction by the Welsh Ministers
Executives of principal councils
57Appointment of assistants to executive
58Job-sharing: executive leaders and executive members
59Content of, and duty to have regard to, guidance under section 38 of the 2000 Act
Entitlement of members to job-share and to family absence
60Job-sharing: non-executive offices in principal councils
61Family absence for members of local authorities
Conduct of members
62Duties of leaders of political groups in relation to standards of conduct
63Duty of standards committee to make annual report
64Certain investigations by the Public Services Ombudsman for Wales
Overview and scrutiny committees
65Making information available to overview and scrutiny committees
66Power to require authorities to appoint joint overview and scrutiny committees
Training of members and staff of community councils
67Community council training plans
PART 5COLLABORATIVE WORKING BY PRINCIPAL COUNCILS
CHAPTER 1TERMS USED IN PART
68Terms used in Part
CHAPTER 2GUIDANCE ABOUT COLLABORATIVE WORKING
69Guidance about collaborative working
CHAPTER 3ESTABLISHING CORPORATE JOINT COMMITTEES where request has been made
Applications to establish a corporate joint committee
70Application by principal councils to establish a corporate joint committee
71Consultation before making joint committee application
Requested joint committee regulations
72Requested joint committee regulations
73Conditions to be met before making requested joint committee regulations
CHAPTER 4ESTABLISHING CORPORATE JOINT COMMITTEES WHERE NO REQUEST HAS BEEN MADE
74Joint committee regulations where no request has been made
75Conditions to be met before making regulations under section 74
CHAPTER 5FURTHER PROVISION RELATING TO CORPORATE JOINT COMMITTEES AND JOINT COMMITTEE REGULATIONS
Promotion and improvement of economic well-being
76Economic well-being function
Provision in joint committee regulations
77Provision that may or must be included in joint committee regulations
Amendment and revocation of joint committee regulations
78Application by principal councils to amend or revoke joint committee regulations
79Further provision in relation to applications
80Amendment and revocation of joint committee regulations
81Conditions to be met before amending joint committee regulations: application required from principal councils
82Conditions to be met before amending or revoking joint committee regulations: no application required from principal councils
Supplementary etc. provision in and in relation to joint committee regulations
83Supplementary etc. provision in certain regulations under this Part
84Power of the Welsh Ministers to amend, repeal etc. enactments
Functions of and relating to corporate joint committees and principal councils
85Requirement to provide information etc.
86Guidance
87Exercise by principal councils of functions under this Part
Amendments of other enactments
88Amendments relating to strategic planning and joint transport authorities
PART 6PERFORMANCE AND GOVERNANCE OF PRINCIPAL COUNCILS AND CORPORATE JOINT COMMITTEES
CHAPTER 1PERFORMANCE, PERFORMANCE ASSESSMENTS AND INTERVENTION : PRINCIPAL COUNCILS
Performance
89Duty of principal council to keep its performance under review
90Duty to consult local people etc. on performance
Self-assessments of performance
91Duty of principal council to report on its performance
Panel assessments of performance
92Duty of principal council to arrange panel performance assessment
93Duty of principal council to respond to report of panel performance assessment
94Panel performance assessments: supplementary regulations
Special inspections by Auditor General for Wales
95Power of Auditor General to carry out a special inspection
96Duty of principal council to respond to Auditor General’s recommendations
97Duty of the Welsh Ministers to respond to Auditor General’s recommendations
98Auditor General’s powers of entry and inspection etc.
99Auditor General’s powers of entry and inspection etc.: notice and evidence of identity
100Auditor General’s powers of entry and inspection etc.: offences
101Auditor General’s fees
Support and assistance with improving performance
102Support and assistance by the Welsh Ministers
103Direction to a principal council to provide support and assistance
Intervention by the Welsh Ministers
104Powers of the Welsh Ministers to intervene
105Direction to co-operate with provision of support and assistance
106Direction to take or not to take etc. a specified step
107Direction that a function be performed by the Welsh Ministers or their nominee
Supplementary
108Exercise of functions under this Chapter
109Power of the Welsh Ministers to add to list of persons to whom reports etc. must be sent
110Power of the Welsh Ministers to amend etc. enactments and confer new powers
111Guidance
112Interpretation
Amendment of other enactments
113Disapplication of the 2009 Measure in relation to principal councils and repeal of provisions about coordination of audit
114Amendment of the Well-being of Future Generations (Wales) Act 2015
Governance and audit committees of principal councils
115New name and functions of audit committees
CHAPTER 1APERFORMANCE, PERFORMANCE ASSESSMENTS AND INTERVENTION: CORPORATE JOINT COMMITTEES
115AApplication of Chapter 1 to corporate joint committees
CHAPTER 2GOVERNANCE AND AUDIT COMMITTEES: MEMBERSHIP AND PROCEEDINGS
116Membership of governance and audit committee
117Meaning of lay person
118Proceedings etc.
CHAPTER 3COORDINATION BETWEEN REGULATORS
119Coordination between regulators
120“Relevant regulators” and “relevant functions”
PART 7MERGERS AND RESTRUCTURING OF PRINCIPAL AREAS
CHAPTER 1VOLUNTARY MERGERS OF PRINCIPAL AREAS
Applications for mergers
121Merger applications
122Consultation before making merger application
123Guidance about merger applications
Merger regulations
124Merger regulations
125Shadow councils and shadow executives
126Voting system
127Elections
Facilitating mergers
128Duties of merging councils to facilitate transfer
CHAPTER 2RESTRUCTURING OF PRINCIPAL AREAS
Conditions to be met
129Conditions to be met before making restructuring regulations
Abolition requests
130Abolition requests
Restructuring regulations
131Restructuring regulations
132Restructuring regulations which provide for part of a principal area to become part of another existing principal area
133Restructuring regulations which constitute a new principal area
134Restructuring regulations: supplementary
Facilitating restructuring
135Duties of restructuring councils to facilitate transfer
CHAPTER 3FUNCTIONS RELATING TO MERGERS AND RESTRUCTURING
136Transition committees
137Restraint of transactions and recruitment
138Reviews of electoral arrangements
139Prohibition of changes to executive arrangements
140Requirement on principal councils to provide information etc. to the Welsh Ministers
141Requirement on principal councils to provide information etc. to other bodies
CHAPTER 4REMUNERATION ARRANGEMENTS FOR NEW PRINCIPAL COUNCILS
142Directions to Democracy and Boundary Commission Cymru
143Reports of Commission relating to shadow councils and new principal councils
144Guidance to Commission
145Pay policy statements
CHAPTER 5SUPPLEMENTARY
146Guidance
147Other consequential etc. provision
148Initial procedure for restructuring regulations
149Terms used in this Part
150Repeals of other enactments
PART 8LOCAL GOVERNMENT FINANCE
Non-domestic rating
151Powers of billing authorities to require the supply of information relating to hereditaments
152Requirement to supply to billing authorities information relevant to determining liability to non-domestic rates
153Powers of billing authorities to inspect properties
154Multipliers
155Amendment of Chapter 3 of Part 5 of the Local Government Finance Act 1988
Council tax
156Joint and several liability to pay council tax
157Removal of power to provide for imprisonment of council tax debtors
158Procedure for certain regulations and orders made under the Local Government Finance Act 1992
PART 9MISCELLANEOUS
Information sharing
159Information sharing between regulators, the Auditor General for Wales and the Welsh Ministers
160Amendment of the Public Audit (Wales) Act 2004 consequential on section 159
Head of democratic services
161Head of democratic services
Polls consequent on community meetings
162Abolition of polls consequent on a community meeting
Local Democracy and Boundary Commission
163Appointment by Local Democracy and Boundary Commission of its chief executive
164Directions under section 48 of the 2013 Act
Public services boards
165Merging and demerging public services boards under the Well-being of Future Generations (Wales) Act 2015
Fire and rescue authorities
166

Combined fire and rescue authorities: inquiries

167Performance and governance of fire and rescue authorities
168Fire and rescue authorities: disapplication of the 2009 Measure
National Park authorities
169National Park authorities: disapplication of the 2009 Measure
Local Government (Wales) Measure 2009
170Repeal of the 2009 Measure
PART 10GENERAL
171Interpretation
172Directions
173Power to make consequential and transitional provision etc.
174Regulations under this Act
175Coming into force
176Short title
SCHEDULE 1Initial reviews of electoral arrangements etc.
Initial reviews
1(1) For the purposes of this Act, an “initial review”…

“Area under review”
2(1) In this Schedule, “area under review” is to be…
Other terms used in this Schedule
3(1) In this Schedule— “electoral arrangements” (“trefniadau etholiadol”) means— in…
Directions and guidance to Commission
4(1) A direction under section 11 or 138 must specify…
Conduct of initial review
5(1) The Commission, in considering the electoral arrangements for an…
Pre-review procedure
6(1) Before conducting an initial review, the Commission must take…
Investigation and interim report
7(1) In conducting an initial review, the Commission must carry…
Final report
8(1) After the period for representations under paragraph 7(3) has…
Power to make regulations where recommendations are made
9(1) After receiving a final report under paragraph 8 containing…
Power to make regulations where no recommendations are made
10(1) If the Commission has not submitted a final report…
Regulations under paragraph 9 or 10: supplementary
11(1) The Welsh Ministers may, for the purposes of making…
Subsequent reviews by the Commission where regulations are made under paragraph 9(1)(b) or 10(2)
12(1) Where the Welsh Ministers make regulations under paragraph 9(1)(b)…
Delegation by the Commission of functions under this Schedule
13In section 13(1) of the 2013 Act—
Orders under Part 3 of the Democracy and Boundary Commission Cymru etc. Act 2013 (anaw 4)
14In section 43 of the 2013 Act (variation and revocation…
.SCHEDULE 2Minor and consequential amendments relating to Part 1: elections
PART 1Primary legislation
Local Government Act 1972 (c. 70)
1(1) The 1972 Act is amended as follows.
Representation of the People Act 1983 (c. 2)
2(1) The 1983 Act is amended as follows.
Representation of the People Act 1985 (c. 50)
3In section 15(2) of the Representation of the People Act…
Parliamentary Constituencies Act 1986 (c. 56)
4In rule 9(3)(b) of Schedule 2 to the Parliamentary Constituencies…
Local Government and Housing Act 1989 (c. 42)
5In section 12 of the Local Government and Housing Act…
Local Government (Wales) Act 1994 (c. 19)
6In paragraph 68 of Schedule 16 to the Local Government…
Environment Act 1995 (c. 25)
7In paragraph 2(4) of Schedule 7 to the Environment Act…
Representation of the People Act 2000 (c. 2)
8(1) The Representation of the People Act 2000 is amended…
Local Government Act 2000 (c. 22)
9(1) The 2000 Act is amended as follows.
Countryside and Rights of Way Act 2000 (c. 37)
10In paragraph 4(3) of Schedule 13 to the Countryside and…
Political Parties, Elections and Referendums Act 2000 (c. 41)
11In section 7(2)(d) of the Political Parties, Elections and Referendums…
Government of Wales Act 2006 (c. 32)
12In section 17E of the Government of Wales Act 2006…
Local Government and Public Involvement in Health Act 2007 (c. 28)
13(1) The Local Government and Public Involvement in Health Act…
Local Government (Wales) Measure 2011 (nawm 4)
14(1) The Local Government (Wales) Measure 2011 is amended as…
Senedd and Elections (Wales) Act 2020 (anaw 1)
15(1) The Senedd and Elections (Wales) Act 2020 is amended…
PART 2Subordinate legislation
Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)
16(1) The Representation of the People (England and Wales) Regulations…
Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294)
17(1) The Representation of the People (Combination of Polls) (England…
Business Improvement Districts (Wales) Regulations 2005 (S.I. 2005/1312)
18In regulation 6(1) of the Business Improvement Districts (Wales) Regulations…
Local Elections (Principal Areas) (England and Wales) Rules 2006 (S.I. 2006/3304)
19(1) The Local Elections (Principal Areas) (England and Wales) Rules…
SCHEDULE 3Amendments relating to Part 2: general power of competence
PART 1Amendments relating to Chapter 1 of Part 2: the general power
Local Government Act 2000 (c. 22)
1(1) Part 1 of the 2000 Act (promotion of economic,…
Local Government Act 2003 (c. 26)
2In the Local Government Act 2003, in section 116 (local…
Local Government and Public Involvement in Health Act 2007 (c. 28)
3In section 115 of the Local Government and Public Involvement…
Local Government (Wales) Measure 2009 (nawm 2)
4In the 2009 Measure, in Schedule 2 (minor and consequential…
Local Government (Wales) Measure 2011 (nawm 4)
5In the 2011 Measure, omit section 126(2) and (3) (which…
Localism Act 2011 (c. 20)
6In the Localism Act 2011, in Schedule 1 (consequential amendments)…
Well-being of Future Generations (Wales) Act 2015 (anaw 2)
7In the Well-being of Future Generations (Wales) Act 2015, in…
This Act
8In Schedule 14 to this Act, omit paragraph 2.
PART 2Amendments relating to Chapter 2 of Part 2: eligible community councils
Local Government Act 1972 (c. 70)
9In the 1972 Act, in section 137(9) (power of local…
Local Government Act 2000 (c. 22)
10In the 2000 Act, omit sections 2 and 3 (community…
Nationality, Immigration and Asylum Act 2002 (c. 41)
11(1) The Nationality, Immigration and Asylum Act 2002 is amended…
Local Government Act 2003 (c. 26)
12(1) The Local Government Act 2003 is amended as follows….
Local Government (Wales) Measure 2011 (nawm 4)
13(1) The 2011 Measure is amended as follows.
Localism Act 2011 (c. 20)
14In the Localism Act 2011, in Schedule 1 (consequential amendments)…
This Act
15In Part 1 of this Schedule, in paragraph 1 omit…
SCHEDULE 4Notice of local authority meetings, access to documents and attendance at meetings
PART 1Notice of local authority meetings and access to documents
Notices of local authority meetings
1In section 100A of the 1972 Act (admission to meetings…
2In section 100K of the 1972 Act (interpretation and application…
3In paragraph 4 of Schedule 12 to the 1972 Act…
4In paragraph 26 of Schedule 12 to the 1972 Act…
5In section 1 of the Public Bodies (Admission to Meetings)…
Copies and publication of documents relating to meetings of local authorities
6(1) Section 100B of the 1972 Act (access to agenda…
7After section 100B of the 1972 Act (access to agenda…
8(1) Section 100C of the 1972 Act (inspection of minutes…
9(1) Section 100D of the 1972 Act (background papers) is…
10(1) Section 100H of the 1972 Act (supplemental provision about…
11In section 228(1) of the 1972 Act (minutes of community…
12After paragraph 26 of Schedule 12 to the 1972 Act…
Application to committees and sub-committees
13In section 100E of the 1972 Act (application to committees…
Application and interpretation
14In section 100J of the 1972 Act (application to other…
15In section 100K of the 1972 Act (interpretation and application…
16In section 270 of the 1972 Act (interpretation), after subsection…
Publication of public notices given by local authorities
17(1) Section 232 of the 1972 Act (public notices) is…
18In Schedule 7 to the Environment Act 1995 (c. 25)…
Electronic service of summonses on members to attend local authority meetings
19(1) Schedule 12 to the 1972 Act is amended as…
Venue for community council meetings
20(1) In paragraph 26 of Schedule 12 to the 1972…
Notices of community council committee and sub-committee meetings to be published
21In paragraph 26 of Schedule 12 to the 1972 Act,…
Saving provision
22Sections 100A to 100D and 100H of the 1972 Act…
PART 2Attendance at local authority meetings: consequential amendments
Attendance at local authority meetings: amendments consequential on section 47
23(1) In Part 4 of Schedule 12 to the 1972…
SCHEDULE 5Consequential amendments relating to chief executives
Local Government Act 1972 (c. 70)
1In section 112(2A) of the 1972 Act (determination by councils…
Local Government Finance Act 1988 (c. 41)
2The Local Government Finance Act 1988 is amended as follows….
3In section 114(3A) (consultation by chief finance officer in preparing…
4In section 114A(3) (consultation by chief finance officer in preparing…
Local Government and Housing Act 1989 (c. 42)
5The Local Government and Housing Act 1989 is amended as…
6In section 1 (disqualification and political restriction of certain officers…
7In section 2 (politically restricted posts)— (a) after subsection (1)…
8In section 4(6) (definition of “relevant authority”)—
9In section 5 (designation and reports of monitoring officer)—
10In section 5A(5) (consultation by monitoring officer on reports where…
11In section 21 (interpretation of Part 1), in subsection (3)…
Local Government (Wales) Measure 2011 (nawm 4)
12The 2011 Measure is amended as follows.
13In section 8(4) (officers who may not be designated head…
14In section 9(4) (functions of head of democratic services), for…
15In section 143A (functions of the Independent Remuneration Panel for…
Police Reform and Social Responsibility Act 2011 (c. 13)
16In section 75 of the Police Reform and Social Responsibility…
Localism Act 2011 (c. 20)
17In section 43(2) of the Localism Act 2011 (definition of…
Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)
18In section 77 of the Anti-social Behaviour, Crime and Policing…
Well-being of Future Generations (Wales) Act 2015 (anaw 2)
19In the second column of the table in paragraph 7…
This Act
20In this Act, omit paragraph 1(10) of Schedule 12.
SCHEDULE 6Consequential amendments etc. relating to assistants to local authority executives
Local Government Act 1972 (c. 70)
1(1) The 1972 Act is amended as follows.
2(1) Until paragraph 1(3) of Schedule 2 to this Act…
Pilotage Act 1987 (c. 21)
3In section 3 of the Pilotage Act 1987 (authorisation of…
Local Government Finance Act 1992 (c. 14)
4In section 106(2A) of the Local Government Finance Act 1992…
Local Government Act 2000 (c. 22)
5In section 21(9) of the 2000 Act (overview and scrutiny…
Local Government (Wales) Measure 2011 (nawm 4)
6(1) The 2011 Measure is amended as follows.
SCHEDULE 7Job-sharing by executive leaders and executive members
Local Government Act 2000 (c. 22)
1The 2000 Act is amended as follows.
2In section 11 (executives)— (a) after subsection (8) insert—
3In section 83 (interpretation of Part 3), in subsection (1)…
4In section 106 (Wales: orders and regulations), in subsection (6)…
5(1) Schedule 1 (executive arrangements) is amended as follows.
Local Government and Public Involvement in Health Act 2007 (c. 28)
6(1) The Local Government and Public Involvement in Health Act…
Localism Act 2011 (c. 20)
7In Schedule 3 to the Localism Act 2011 (minor and…
SCHEDULE 8Conduct of local government members: investigations by the Public Services Ombudsman for Wales
Local Government Act 2000 (c. 22)
1The 2000 Act is amended as follows.
2In section 69 (investigations by the Public Services Ombudsman for…
3After section 69 of the 2000 Act insert— Possible conflict…
4In section 70 (investigations: further provisions)— (a) omit subsections (1)…
5For section 74 (law of defamation) substitute— Law of defamation…
6In section 106(7) (Wales: orders and regulations), before “may not”…
Government of Wales Act 2006 (c. 32)
7In table 1 in paragraph 35(3) of Schedule 11 to…
Localism Act 2011 (c. 20)
8In Schedule 4 to the Localism Act 2011 (conduct of…
Social Services and Well-being (Wales) Act 2014 (anaw 4)
9In Schedule 3 to the Social Services and Well-being (Wales)…
Public Services Ombudsman (Wales) Act 2019 (anaw 3)
10In Schedule 5 to the Public Services Ombudsman (Wales) Act…
SCHEDULE 9Amendments related to Corporate Joint Committees
PART 1Creation of strategic planning functions for certain corporate joint committees and repeal of powers to establish strategic planning panels etc.
Planning and Compulsory Purchase Act 2004 (c. 5)
1The Planning and Compulsory Purchase Act 2004 is amended as…
2In section 38(4) (development plan), for paragraph (b) substitute—
3Omit sections 60D to 60J (strategic planning panels and strategic…
4Before the cross-heading which precedes section 61 insert— Strategic planning…
5In section 62 (local development plan)— (a) in subsection (3A),…
6In section 68A (duty to consider whether to review local…
7In section 113 (validity of strategies, plans and documents)—
8Omit Schedule 2A (strategic planning panels).
Planning (Wales) Act 2015 (anaw 4)
9The Planning (Wales) Act 2015 is amended as follows.
10Omit sections 4 to 6 and the cross-heading which precedes…
11Omit Schedule 1 (strategic planning panels).
12In Schedule 2 (development planning: further amendments), omit the following—…
Local Authorities (Goods and Services) Act 1970 (c. 39)
13In section 1 of the Local Authorities (Goods and Services)…
Local Government Act 1972 (c. 70)
14In section 80 of the Local Government Act 1972 (disqualifications…
Welsh Development Agency Act 1975 (c. 70)
15The Welsh Development Agency Act 1975 is amended as follows….
16In section 21A (powers of land acquisition), in subsection (5),…
17In section 21C (powers to advise on land matters), in…
18In section 27 (interpretation), in subsection (1), in the appropriate…
19In Schedule 4 (acquisition of land)— (a) in Part 1…
Wildlife and Countryside Act 1981 (c. 69)
20The Wildlife and Countryside Act 1981 is amended as follows….
21In section 27AA (sites of special scientific interest and limestone…
22In section 37A (notification of designation of Ramsar sites), in…
Town and Country Planning Act 1990 (c. 8)
23The Town and Country Planning Act 1990 is amended as…
24In section 83 (making of simplified planning zone schemes), in…
25In section 293A (urgent Crown development: application for planning permission),…
26(1) Section 303A (responsibility of local planning authorities for costs…
27In section 306 (contributions by local authorities and statutory undertakers),…
28In section 324 (rights of entry)— (a) subsection (1B) (as…
29In section 336 (interpretation), in subsection (1)—
Water Resources Act 1991 (c. 57)
30In Schedule 6 to the Water Resources Act 1991 (orders…
Coal Industry Act 1994 (c. 21)
31The Coal Industry Act 1994 is amended as follows.
32In section 39 (right to withdraw support from land: notice),…
33In section 41 (revocation of right to withdraw support), in…
Environment Act 1995 (c. 25)
34(1) Section 66 of the Environment Act 1995 (National Park…
Local Government Act 2000 (c. 22)
35In section 83 of the Local Government Act 2000 (conduct…
Freedom of Information Act 2000 (c. 36)
36In Part 2 of Schedule 1 to the Freedom of…
Countryside and Rights of Way Act 2000 (c. 37)
37In section 85 of the Countryside and Rights of Way…
Finance Act 2003 (c. 14)
38In section 66 of the Finance Act 2003 (stamp duty…
Planning and Energy Act 2008 (c. 21)
39The Planning and Energy Act 2008 is amended as follows….
40(1) Section 1 (energy policies) is amended as follows.
41In section 2 (interpretation)— (a) in the appropriate place insert—…
Marine and Coastal Access Act 2009 (c. 23)
42(1) Paragraph 1 of Schedule 6 to the Marine and…
Equality Act 2010 (c. 15)
43In Part 2 of Schedule 19 to the Equality Act…
Welsh Language (Wales) Measure 2011 (nawm 1)
44(1) Schedule 6 to the Welsh Language (Wales) Measure 2011…
Local Government (Wales) Measure 2011 (nawm 4)
45In section 144 of the Local Government (Wales) Measure 2011…
Environment (Wales) Act 2016 (anaw 3)
46In section 6 of the Environment (Wales) Act 2016 (biodiversity…
Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1)
47In the Land Transaction Tax and Anti-avoidance of Devolved Taxes…
Public Services Ombudsman (Wales) Act 2019 (anaw 3)
48In Schedule 3 to the Public Services Ombudsman (Wales) Act…
PART 2Repeal of power to establish joint transport authorities
Transport (Wales) Act 2006 (c. 5)
49In the Transport (Wales) Act 2006— (a) omit section 5…
Government of Wales Act 2006 (c. 32)
50In table 1 in paragraph 35(3) of Schedule 11 to…
SCHEDULE 10Consequential amendments relating to renaming of principal council audit committees
Local Government (Wales) Measure 2011 (nawm 4)
1The 2011 Measure is amended as follows.
2In the title of Chapter 2 of Part 6, before…
3In section 81 (local authorities to appoint audit committees)—
4In section 82 (membership)— (a) in subsection (1), after “of…
5In section 83 (proceedings etc.)— (a) . . . ….
6In section 84 (frequency of meetings)— (a) in subsection (1),…
7In section 85 (guidance)— (a) in subsection (1)—
8In section 86 (termination of membership)— (a) in subsection (1),…
9In section 87 (interpretation etc.), in subsection (2) omit the…
This Act
10In this Act, omit paragraph 7(4) of Schedule 11.
SCHEDULE 10A(introduced by section 115A)
APPLICATION OF CHAPTER 1 OF PART 6 TO CORPORATE JOINT COMMITTEES
1Chapter 1 of Part 6, except for sections 113, 114…
General modification of references
2In Chapter 1 of Part 6— (a) the references to…
Corporate joint committee to consult local people etc. on performance
3Section 90 is to be read as if—
Self-assessment report by corporate joint committee
4Section 91(10)(c) is to be read as if—
Panel assessment of performance
5Section 92 is to be read as if—
Response by corporate joint committee to report by panel
6Section 93 is to be read as if—
Special inspection by Auditor General for Wales
7Section 95 is to be read as if—
Response by corporate joint committee to Auditor General’s recommendations
8Section 96(7)(b) is to be read as if—
Response by the Welsh Ministers to Auditor General’s recommendations
9Section 97(2)(b) is to be read as if—
Auditor General’s powers of entry and inspection etc.
10Section 98 is to be read as if—
Auditor General’s powers of entry and inspection etc.: notice and evidence of identity
11Section 99 is to be read as if—
Consultation on Auditor General’s fees
12Section 101(5)(b) is to be read as if for “principal…
Direction to provide support and assistance
13Section 103 is to be read as if—
Powers of the Welsh Ministers to intervene
14Section 104(2)(a) is to be read as if for “another…
Direction to co-operate with provision of support and assistance
15Section 105 is to be read as if—
Exercise of functions
16Section 108 is to be read as if, for subsections…
Interpretation
17Section 112 is to be read as if, in the…
SCHEDULE 11Transition committees of merging councils and restructuring councils
PART 1Merging councils
Transition committees for merging councils
1(1) Merging councils must establish a transition committee immediately after…
Membership of transition committees for merging councils
2(1) A transition committee must consist of an equal number…
Functions of transition committees for merging councils
3(1) A transition committee must provide to the merging councils,…
PART 2Restructuring councils
Transition committees for restructuring councils
4(1) After giving notice as described in section 129(6), the…
PART 3Transition committees of merging councils and restructuring councils
Sub-committees of transition committees for merging councils or restructuring councils
5(1) A transition committee may establish one or more sub-committees….
Provision of funding, facilities and information etc. to transition committees for merging councils or restructuring councils
6(1) The merging councils or restructuring councils must meet the…
Transition committees for merging councils or restructuring councils: further provision
7(1) The Welsh Ministers may direct a transition committee to…
SCHEDULE 12Restraints on transactions and recruitment etc. by merging councils and restructuring councils
Restraining transactions and recruitment etc. by direction
1(1) After receiving a merger application or after giving notice…
Directions under paragraph 1: supplementary
2(1) This paragraph applies in relation to a direction under…
Directions under paragraph 1: further provision about reserves
3(1) A direction under paragraph 1— (a) may provide that…
Directions under paragraph 1(3): supplementary
4(1) This paragraph applies in relation to a direction under…
Directions: consequences of contravention
5(1) An acquisition or disposal made in contravention of a…
Interpretation of paragraphs 1 and 7
6(1) In paragraphs 1 and 7, “relevant land acquisition or…
Determining whether financial limits have been exceeded
7(1) For the purpose of making a determination as to…
Financial limits: further provision
8(1) Where the consideration, or any of the consideration, in…
Guidance in relation to transactions, recruitment etc.
9(1) A person specified in a direction under paragraph 1…
SCHEDULE 13Abolition of polls consequent on community meetings under the 1972 Act
Local Government Act 1972 (c. 70)
1The 1972 Act is amended as follows.
2Omit sections 33B and 33C (principal council’s response to a…
3In section 150(7) (expenses of polls)— (a) omit, in the…
4In section 243(3) (computation of time)— (a) omit “or community”;…
5In Schedule 12, omit paragraphs 26A and 29A (response by…
6(1) In Schedule 12, paragraph 34 (the making of decisions…
7In paragraph 37 of Schedule 12 (lending of ballot boxes…
8In paragraph 38 of Schedule 12 (offences) for “poll consequent…
9In Schedule 12, omit paragraphs 38A and 38B (notification of…
Local Government and Housing Act 1989 (c. 42)
10In the Local Government and Housing Act 1989, in section…
Local Government (Wales) Measure 2011 (nawm 4)
11In the 2011 Measure, omit sections 93 to 99.
This Act
12In this Act, omit paragraph 1(8) of Schedule 2 (amendment…
SCHEDULE 14Consequential amendments relating to merger and demerger of public services boards
Well-being of Future Generations (Wales) Act 2015 (anaw 2)
1(1) The Well-being of Future Generations (Wales) Act 2015 is…
Local Government Act 2000 (c. 22)
2In the 2000 Act, in subsection (3B) of section 2…
Education Act 2002 (c. 32)
3In the Education Act 2002, in section 21(9)(b) (relevant children…
Planning and Compulsory Purchase Act 2004 (c. 5)
4In the Planning and Compulsory Purchase Act 2004, in section…
Children Act 2004 (c. 31)
5In the Children Act 2004, in section 25(9A) (co-operation to…
Children and Families (Wales) Measure 2010 (nawm 1)
6(1) The Children and Families (Wales) Measure 2010 is amended…
Mental Health (Wales) Measure 2010 (nawm 7)
7In the Mental Health (Wales) Measure 2010, in section 2(2A)…
Social Services and Well-being (Wales) Act 2014 (anaw 4)
8In the Social Services and Well-being (Wales) Act 2014, in…
Violence Against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3)
9In the Violence against Women, Domestic Abuse and Sexual Violence…

Welsh Royal arms

Local Government and Elections (Wales) Act 2021

2021 asc 1

An Act of Senedd Cymru to make provision about local government; local government finance; local government elections; electoral registration and electoral administration; and for connected purposes.

Having been passed by Senedd Cymru and having received the assent of Her Majesty, it is enacted as follows: