Legislation – Local Government and Elections (Wales) Act 2021

PART 1
ELECTIONS

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

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

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.

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

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

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

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

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

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

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

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

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for the Local Government and Elections (Wales) Act 2021, Section 138.

Changes to Legislation

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PART 7MERGERS AND RESTRUCTURING OF PRINCIPAL AREAS

CHAPTER 3FUNCTIONS RELATING TO MERGERS AND RESTRUCTURING

138Reviews of electoral arrangements

(1)

The Welsh Ministers may direct the F1Democracy and Boundary Commission Cymru to conduct an initial review of electoral arrangements after the Welsh Ministers—

(a)

receive a merger application, or

(b)

give notice as described in section 129(6).

(2)

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

(a)

the F2Democracy and Boundary Commission Cymru, and

(b)

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

(3)

A direction under subsection (1) to conduct an initial review in relation to a proposal to transfer part of a principal area to be abolished to another principal area, or in relation to restructuring regulations which provide for such a transfer—

(a)

must specify the area (which may be all or part of a principal area) that is to be subject to the initial review, and

(b)

may specify that one or more matters of a kind described in sub-paragraph (i) or (ii) are not to be considered in the initial review; and those matters are—

(i)

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

(ii)

matters set out in the definition of “relevant consequential changes” in that paragraph.

(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.

F3(6)

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