Legislation – Local Government and Elections (Wales) Act 2021
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SCHEDULE 13Abolition of polls consequent on community meetings under the 1972 Act
Local Government Act 1972 (c. 70)
1
The 1972 Act is amended as follows.
2
Omit sections 33B and 33C (principal council’s response to a poll demanded at a community meeting).
3
In section 150(7) (expenses of polls)—
(a)
omit, in the second place it occurs, “or community”;
(b)
after “meeting”, in the second place it occurs, insert “
.
or of a community governance poll (as to which, see paragraph 34(8) of Schedule 12)
”
4
In section 243(3) (computation of time)—
(a)
omit “or community”;
(b)
after “meeting” insert “
.
or a community governance poll (as to which, see paragraph 34(8) of Schedule 12)
”
5
In Schedule 12, omit paragraphs 26A and 29A (response by community council to community poll).
6
(1)
In Schedule 12, paragraph 34 (the making of decisions by community meetings) is amended as follows.
(2)
In sub-paragraph (1), for “poll consequent thereon” substitute “
.
community governance poll
”
(3)
In sub-paragraph (2)—
(a)
omit “, in the first instance,”;
(b)
omit “unless a poll is demanded”.
(4)
Omit sub-paragraph (4).
(5)
“(5)
The Welsh Ministers may by regulations make provision about the conduct of community governance polls.
(6)
Regulations under sub-paragraph (5) may apply any enactment relating to elections or referendums (with or without modifications) to community governance polls.
(7)
A statutory instrument containing regulations under sub-paragraph (5) is subject to annulment in pursuance of a resolution of Senedd Cymru.”
(6)
“(8)
In this Part of this Schedule, “community governance poll” means a poll held on a proposal of a kind mentioned in section 27A, 27C, 27E, 27G, 27I or 27K.”
7
In paragraph 37 of Schedule 12 (lending of ballot boxes etc.), in sub-paragraph (1) for “poll consequent on a community meeting” substitute “
.
community governance poll
”
8
In paragraph 38 of Schedule 12 (offences) for “poll consequent on a community meeting” substitute “
.
community governance poll
”
9
In Schedule 12, omit paragraphs 38A and 38B (notification of principal council of result of poll consequent on a community meeting).
Local Government and Housing Act 1989 (c. 42)
10
In the Local Government and Housing Act 1989, in section 5 omit subsection (8B) (functions of monitoring officers in relation to polls consequent on a community meeting).
Local Government (Wales) Measure 2011 (nawm 4)
11
In the 2011 Measure, omit sections 93 to 99.
This Act
12
In this Act, omit paragraph 1(8) of Schedule 2 (amendment of paragraph 34 of Schedule 12 to the 1972 Act).