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Local Government and Elections (Wales) Act 2021

Type Act of Senedd Cymru

Publication 2021-01-20

Last updated 2025-09-10

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

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PART 1 — ELECTIONS

Overview of Part

Overview

1

This Part—

(a) provides for the extension of the right to vote in local government elections to new categories of person (sections 2 to 4);

(b) provides for two systems for the election of councillors for principal councils (the simple majority system and the single transferable vote system) and makes provision about which system applies to any particular council (including a power for any councils to decide which applies) and the powers to make rules for such elections (sections 5 to 13);

(c) provides for change to the electoral cycle for local government elections from four years to five years (sections 14 to 16) and extension of the power to change the ordinary day of local elections in Wales (section 17);

(d) provides for registration of local government electors without application (section 18);

(e) makes provision about qualification for election and holding office as a member of a local authority (section 19);

(f) makes provision about disqualification for election or from holding office as a member of a local authority (sections 20 and 21);

(g) makes provision about the display of documents at local elections (section 22);

(h) makes provision about meeting returning officers' expenditure (paragraph 2(5) of Schedule 2).

Right to vote in local government elections

Guidance

2

(1) In section 2 of the 1983 Act (local government electors)—

(a) in subsection (1)—

(i) in paragraph (c), for “or a relevant citizen of the Union” substitute “ , a relevant citizen of the Union or (in Wales) a qualifying foreign citizen ”;

(ii) in paragraph (d), after “over” insert “ except in Wales (see subsection (1A)) ”;

(b) after subsection (1) insert—

(1A) In Wales, voting age is 16 years or over.

(2) In section 12 of the Government of Wales Act 2006 (c. 32) (entitlement to vote)—

(a) in subsection (1)(a), omit “or fall within the extended franchise for Senedd elections as described in this section”;

(b) omit subsection (1A);

(3) In section 4 of the 1983 Act (entitlement to be registered as a local government elector)—

(a) in subsection (3)—

(i) in paragraph (c), for “or a relevant citizen of the Union” substitute “ , a relevant citizen of the Union or (in relation to a local government election in Wales) a qualifying foreign citizen ”;

(ii) in paragraph (d), omit “ or, if resident in an area in Wales, is 16 years of age or over”;

(b) omit subsection (3A);

Transitional provision

3

(1) Despite the coming into force of the amendments made by the provisions mentioned in subsection (2) by virtue of section 175(3), they only have effect in relation to a local government election or a local referendum for the purposes of—

(a) a local government election at which the poll is held on or after 5 May 2022;

(b) a local referendum held on or after 5 May 2022.

(2) The provisions are—

(a) section 2(1) and (3);

(b) section 22;

(3) In subsection (1), “local referendum” means a referendum held under—

(a) section 27 of the 2000 Act or by virtue of regulations or an order made under Part 2 of that Act;

(b) section 40 of the 2011 Measure.

Duty to promote awareness and provide assistance

4

(1) A principal council must—

(a) promote awareness among relevant young people of the arrangements for registration as local government electors that apply to them;

(b) take the steps the council considers necessary to help relevant young people register as local government electors.

(2) In this section “relevant young people” means—

(a) persons resident in the principal council's area who have attained the age of 14, but are under the age of 18;

(b) persons of the same age who—

(i) are not resident in the area of the principal council, and

(ii) are looked after by the council;

(i) are not resident in the area of the principal council, and

(ii) are persons to whom the council has a duty to safeguard and promote their well-being under section 109 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

(3) In this section, a person is looked after if the person is a looked after child for the purposes of the Social Services and Well-being (Wales) Act 2014.

Voting systems for elections to principal councils

Two voting systems

5

(1) There are two systems for electing councillors of a principal council in polls at contested elections—

(a) a simple majority system, and

(b) a single transferable vote system.

(2) See local elections rules for provision about how each system works.

(3) See sections 7 to 9 for provision about which system applies to a council and how the system that applies to a council is changed.

(4) In this Part, “local elections rules” means—

(a) rules made under section 36A of the 1983 Act (inserted by section 13(3));

(b) rules made under section 36 of the 1983 Act that have effect by virtue of section 13(4).

Key definitions

6

(1) A “simple majority system” means an electoral system where—

(a) each voter may cast as many votes as there are offices to be filled;

(b) in the case of an election for a single office, the candidate who receives the highest number of votes is elected;

(c) in the case of an election to fill more than one office, the candidates equal to the number of offices to be filled who receive the highest number of votes are elected.

(2) A “single transferable vote system” means an electoral system where—

(a) in the case of an election to fill more than one office—

(i) voters express a first preference for one candidate and may express second and further preferences for other candidates;

(ii) a quota for election is calculated from the number of votes and offices to be filled;

(iii) the first preferences are counted and any candidate whose first preference votes equal or exceed the quota is elected;

(iv) if insufficient candidates are elected under sub-paragraph (iii), the proportion of an elected candidate's votes above the quota is redistributed according to voters' further preferences;

(v) candidates who then reach the quota are elected and the candidate with the fewest votes is excluded;

(vi) the excluded candidate's votes are redistributed according to voters' further preferences;

(vii) if insufficient candidates are elected under sub-paragraphs (iv) to (vi), the steps described in those sub-paragraphs are repeated until all offices are filled;

(b) in the case of an election for a single office—

(i) voters express a first preference for one candidate and may express second and further preferences for other candidates;

(ii) an absolute majority of votes for election is calculated from the number of votes;

(iii) the first preferences are counted and, if a candidate's first preference votes equal or exceed the absolute majority of votes, that candidate is elected;

(iv) if no candidate is elected under sub-paragraph (iii), the candidate with the fewest votes is excluded, the excluded candidate's votes are redistributed according to voters' further preferences and a candidate who then reaches the absolute majority is elected;

(v) if no candidate is elected under sub-paragraph (iv), the steps described in sub-paragraph (iv) are repeated until a candidate is elected.

(3) The systems described in subsections (1) and (2) may include other provision for situations where—

(a) following the steps described does not lead to a candidate being elected, or

(b) it would not be appropriate to follow the steps described.

(4) This section applies for the purposes of this Part.

The voting system that applies

7

(1) This section provides for the voting system that applies to electing councillors of a principal council in a poll at a contested election.

(2) The simple majority system provided for by local elections rules applies, unless and until the council changes the voting system for the first time.

(3) But in the case of a principal council constituted by regulations under Part 7 (mergers and restructuring), the voting system provided for in the regulations applies, unless and until the council changes the voting system for the first time after the first ordinary election of councillors to the council.

(4) After a principal council has changed the voting system for the first time (including the first time after a principal council is established), the system to which the council has most recently decided to change applies (subject to subsection (6)).

(5) If a principal council changes its voting system, the change takes effect at the first ordinary election of councillors that takes place after the council passes the resolution required by section 9 and continues in effect unless and until the system is changed again.

(6) But in a poll for an election to fill a casual vacancy in the office of councillor that takes place before the first ordinary election of councillors after the principal council passes the resolution required by section 9, the voting system that applied at the last ordinary election applies.

Power to change the voting system

8

(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;

Resolutions to exercise the power to change the voting system

9

(1) A principal council's power under section 8(1) must be exercised by resolution of the council in accordance with this section.

(2) A resolution to exercise the power is not passed unless the number of councillors voting in favour of it at a meeting of the council is at least two-thirds of the total number of councillor seats on the council.

(3) A resolution to exercise the power is of no effect unless—

(a) the resolution is considered at a meeting specially convened for the purpose,

(b) written notice of the meeting is given to all councillors, and

(4) A resolution to exercise the power has no effect unless it is passed before 15 November of the year that is three years before the year in which the next ordinary election of the council is due to be held.

(5) After a principal council has exercised the power, a further resolution to exercise the power has no effect unless two ordinary elections of the council have been held under the voting system to which it was changed.

(6) A resolution to exercise the power passed during the period between two consecutive ordinary elections of the council has no effect if the council has previously voted on a resolution to exercise the power during that period at a meeting held in accordance with subsection (3).

Duty to notify when resolution passed

10

(1) If a principal council exercises its power to change the voting system under section 8, the council must notify the Welsh Ministers and the Democracy and Boundary Commission Cymru of the change.

(2) The notification must—

(a) be made within a period of 14 days beginning on the day on which the resolution under section 9 was passed,

(b) confirm that the council has passed a resolution in accordance with section 9,

(d) specify the date on which the resolution was passed.

Initial review by the Local Democracy and Boundary Commission

11

(1) After receiving a notification from a principal council under section 10, the Welsh Ministers may direct the Democracy and Boundary Commission Cymru (“the Commission”) to conduct an initial review of the area of the council.

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

(a) the Commission, and

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

(3) A direction under subsection (1) to conduct an initial review may specify that one or more matters of a kind described in paragraph (a) or (b) are not to be considered in the initial review; and those matters are—

(a) matters set out in paragraph (b) of the definition of “electoral arrangements” in paragraph 3(1) of Schedule 1 (community councils' electoral arrangements);

(b) matters set out in the definition of “relevant consequential changes” in paragraph 3(1) of Schedule 1.

(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.

Restriction on number of councillors if single transferable vote system applies

12

Where the single transferable vote system applies to the election of councillors for a principal council, the number of councillors for each electoral ward is to be no less than three, but no more than six.

Rules about the conduct of local elections in Wales

13

(1) The 1983 Act is amended as follows.

(2) In section 36(1) (local elections in England and Wales), omit “and Wales”.

(3) After section 36 insert—

(36A) (1) Elections of councillors for local government areas in Wales must be conducted in accordance with rules made by the Welsh Ministers. (2) In relation to the election of councillors to a county council or a county borough council, rules under subsection (1) must— (a) require polls to be conducted if elections are contested, (b) establish the requirements for becoming a candidate for election, (c) require votes at polls to be given by ballot, and (d) provide for polls to be conducted under the voting systems authorised by sections 5 to 9 of the Local Government and Elections (Wales) Act 2021, which are a simple majority system and a single transferable vote system. (3) In relation to the election of community councillors for a community council, rules under subsection (1) must— (a) require polls to be conducted if elections are contested, (b) establish the requirements for becoming a candidate for election, (c) require votes at polls to be given by ballot, and (d) provide for polls to be conducted under a simple majority system. (4) Rules under subsection (1) may make any other provision for the conduct of elections of councillors for local government areas in Wales. (5) Rules made by the Welsh Ministers may, for the purposes of, in consequence of, or for giving full effect to rules made under subsection (1), make supplementary, incidental, consequential, transitional, transitory or saving provision. (6) Rules under subsection (5) may amend, modify, repeal or revoke any enactment (including an enactment contained in this Act). (7) Before making rules under this section, the Welsh Ministers must consult such persons as they consider appropriate. (8) The requirement to consult imposed by subsection (7) may be satisfied by consultation undertaken before the coming into force of this section. (9) The power to make rules under this section— (a) is exercisable by statutory instrument; (b) includes power to make different provision for different purposes. (10) A statutory instrument containing rules under this section must not be made unless a draft of the instrument has been laid before and approved by resolution of Senedd Cymru.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Until sections 5 to 9 of this Act come into force, section 36A(2)(d) of the 1983 Act has effect as if it made the following provision—

(d) provide for polls to be conducted under a simple majority system.

Electoral cycles

Change of electoral cycle for principal councils from four years to five years

14

(1) Section 26 of the 1972 Act (election of councillors) is amended as follows.

(2) In subsection (1), for “fourth” substitute “ fifth ”.

(3) In subsection (2), for “four” substitute “ five ”.

Change of electoral cycle for community councils from four years to five years

15

(1) Section 35 of the 1972 Act (election years) is amended as follows.

(2) In subsection (2), for “fourth” substitute “ fifth ”.

(3) In subsection (2A), for “four” substitute “ five ”.

Change of electoral cycle for elected mayors from four years to five years

16

In section 39 of the 2000 Act (elected mayors etc.), in subsection (7) for “four” substitute “ five ”.

Extension of power to change ordinary day of local elections in Wales

17

(1) Section 37ZA of the 1983 Act (ordinary day of local elections in Wales) is amended as follows.

(2) In subsection (1)—

(a) after “applies” insert “ or an order under subsection (1A) provides otherwise ”;

(b) in paragraph (b) omit the words from “made not later” to the end.

(3) After subsection (1) insert—

(1A) The Welsh Ministers may by order fix a different day to the one specified in or fixed under subsection (1) as the ordinary day of election of— (a) councillors for one or more counties or county boroughs in Wales, or (b) community councillors for one or more communities in Wales. (1B) An order under subsection (1) or (1A) may fix a day for one or more years.

(4) In subsection (2), after “subsection (1)” insert “ or fixed under subsection (1A) ”.

(5) In subsection (3), after “subsection (1)” insert “ or fixed under subsection (1A) ”.

(6) In subsection (5), for “subsection (3)” substitute “ this section ”.

(7) After subsection (5) insert—

(6) Before making an order under this section, the Welsh Ministers must consult— (a) each council affected by the order, (b) any bodies appearing to the Welsh Ministers to represent the interests of the councils affected by the order, and (c) such other persons as the Welsh Ministers consider appropriate.

Registration of local government electors

Registration of local government electors without application

18

(1) The 1983 Act is amended as follows.

(2) In section 9 (registers of electors), after subsection (2) insert—

(2A) In relation to each register of local government electors for an area in Wales, the names of persons the registration officer has decided to register in accordance with section 9ZA must also be contained in the register, along with the information mentioned in paragraphs (b) and (c) of subsection (2) relating to those persons.

(3) After section 9 insert—

(9ZA) (1) This section applies to the registration of local government electors in Wales. (2) If the registration officer is satisfied that a person not in the register of local government electors is entitled to be registered, the officer may decide to register the person without an application, subject to the provisions of this section. (3) Before deciding to register a person, the registration officer must notify the person in writing of— (a) the officer's intention to register the person without an application after the end of the notice period required by subsection (5), (b) the person's right to request exclusion from the edited register, (c) the person's right to apply for anonymous registration, (d) the type of elections in which the person will be entitled to vote following registration under this section, and (e) the type of elections in which the person will not be entitled to vote following registration under this section, unless an application for registration is made. (4) The notice under subsection (3) must be in a form specified in regulations made by the Welsh Ministers; and the regulations may make further provision about giving notice for the purposes of this section. (5) The registration officer must not register the person under this section— (a) before the end of a period of 28 days beginning with the day on which the notice is issued; (b) at any time when there is an undetermined application by the person for an anonymous entry in the local government register under section 9B. (6) The registration officer must keep a separate list of the persons registered under this section. (7) The power to make regulations under this section is exercisable by statutory instrument. (8) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of Senedd Cymru, unless it also contains provisions subject to an affirmative procedure in Senedd Cymru.

(4) In section 9E (maintenance of registers: invitations to register in Great Britain), after subsection (1) insert—

(1A) The duty in subsection (1) does not apply if the registration officer intends to register the person without an application under section 9ZA and gives notice to the person in accordance with that section.

(5) In section 10ZE (removal of electors in Great Britain from register)—

(a) after subsection (2) insert—

(2A) Where a person is entered in a register of local government electors in Wales by virtue of section 9ZA, the registration officer must also remove the person's entry from the register if the officer determines that the person is not entitled to be registered in the register of local government electors for reasons other than those mentioned in subsection (1).

;

(b) in subsection (3), after “(1)” insert “ or (2A) ”;

(4A) The Welsh Ministers may by regulations make provision about the procedure for making determinations under subsection (2A), which may include provision requiring an officer to take prescribed steps before making a determination.

(d) after subsection (5) insert—

(5A) In relation to a person registered under section 9ZA, a registration officer for a local government area in Wales must consider whether to make a determination under subsection (2A) if the officer— (a) receives an objection to the person's registration in the register, or (b) otherwise becomes aware of information that causes the officer to suspect that the person is not entitled to be registered in the register of local government electors. (5B) The Welsh Ministers' power to make regulations under subsection (4A) is exercisable by statutory instrument. (5C) A statutory instrument containing regulations under subsection (4A) is subject to annulment in pursuance of a resolution of Senedd Cymru, unless it also contains provisions subject to an affirmative procedure in Senedd Cymru.

(6) In section 13A(1) (alteration of registers), after paragraph (zb) insert—

(zc) in the case of a registration officer for a local government area in Wales, decides to register a person under section 9ZA;

(7) In section 13AB(1) (alteration of registers: interim publication dates), in paragraph (a) after “(zb),” insert “ (zc), ”.

(8) In section 13B(2) (alteration of registers: pending elections), in paragraph (a) after “(zb),” insert “ (zc), ”.

(9) In section 56(1) (registration appeals: England and Wales), after paragraph (aa) insert—

(azaa) from any decision of a registration officer for a local government area in Wales to register a person under section 9ZA;

Qualification for membership of a local authority

Qualification for election and holding office as a member of a local authority in Wales

19

(1) Section 79 of the 1972 Act is amended as follows.

(2) In subsection (1), after “Union” insert “ or, in the case of a local authority in Wales, a qualifying foreign citizen ”.

(3) After subsection (2C) insert—

(2D) For the purposes of this section, a person is a qualifying foreign citizen if the person— (a) is not a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union, and (b) either— (i) is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or (ii) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act. (2E) But a person is not a qualifying foreign citizen by virtue of subsection (2D)(b)(i) if the person does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).

Disqualification of members of local authorities

Disqualification for election and being a member of a local authority

20

After section 80 of the 1972 Act insert—

(80A) (1) A person is disqualified for being elected or being a member of a local authority in Wales if— (a) the person is the subject of— (i) a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986, Schedule 2A to the Insolvency (Northern Ireland) Order 1989, or Part 13 of the Bankruptcy (Scotland) Act 2016; (ii) a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 or Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989; (b) the person is disqualified for being elected or for being a member of the authority under Part 3 of the Representation of the People Act 1983 (corrupt or illegal practices); (c) the person is subject to the notification requirements of, or an order under, Part 2 of the Sexual Offences Act 2003; (d) the person has a relevant criminal conviction. (2) A person has a relevant criminal conviction if, during the period of five years ending with the day of the local authority election, or since the person's election, the person has been convicted in the United Kingdom, the Channel Islands, or the Isle of Man of an offence for which the person has been sentenced to a term of imprisonment (whether suspended or not) of 3 months or more without the option of a fine. (3) A person is not disqualified under subsection (1)(c) at any time before the end of the ordinary period allowed for making— (a) an appeal or application in respect of the conviction or finding to which the notification requirements relate; (b) an appeal in respect of the order. (4) A person is not disqualified under subsection (1)(d) at any time before the end of the ordinary period allowed for making an appeal or application in respect of the conviction. (5) A person who makes an appeal or application of the kind mentioned in subsection (3) or (4) is not disqualified under subsection (1)(c) or (d) at any time before the end of the day on which the appeal or application is finally disposed of, or is abandoned, or fails by reason of non-prosecution. (6) A person who would be disqualified but for subsection (3), (4) or (5) must not act in the office of member of a local authority in Wales. (80B) (1) A person who holds a relevant paid office or employment (see section 80C) is disqualified for being a member of a local authority in Wales, (but not for being elected as such a member). (2) A person is not disqualified under subsection (1) at any time before the person makes a declaration of acceptance of office in accordance with section 83. (3) Subsections (4), (5) and (6) apply where a person is elected as a member of a local authority in Wales and resigns from the relevant paid office or employment for the purpose of taking office as a member. (4) The resignation terminates the holding of the paid office or employment with immediate effect. (5) Any notice requirement in the terms and conditions under which the paid office or employment is held has no effect. (6) Section 86(2) of the Employment Rights Act 1996 (requirement on employee to give minimum of one week's notice) does not apply. (7) This section does not apply to a person who is disqualified for being elected or being a member of a local authority under section 1 of the Local Government and Housing Act 1989 (disqualification by virtue of holding politically restricted post). (80C) (1) For the purposes of section 80B “a relevant paid office or employment” is a paid office or employment appointment or election to which is or may be made or confirmed by— (a) the local authority to which the person was elected a member; (b) a committee or sub-committee of the local authority; (c) a joint committee or National Park authority on which the local authority is represented; or (d) a holder of a paid office or employment of the kind described in paragraphs (a), (b) or (c). (2) But a relevant paid office or employment in subsection (1) does not include the office of— (a) chairman, vice-chairman, presiding member or deputy presiding member, or (b) in the case of a local authority operating executive arrangements which involve a leader and cabinet executive, the office of executive leader, member of the executive or assistant to the executive. (3) Subsection (1) has effect in relation to a teacher in a school maintained by a local authority whether or not the appointment to the post was made in accordance with that subsection. (4) Where the holder of a relevant paid office in a local authority in Wales (“local authority A”) is employed under the direction of— (a) a committee or sub-committee of local authority A any member of which is appointed on the nomination of another local authority in Wales (“local authority B”), or (b) a joint board, a National Park authority, or joint committee on which local authority A is represented and any member of which is appointed on the nomination of local authority B, section 80B applies in respect of the person's membership of local authority B. (5) For the purposes of this section, a local authority is represented on a National Park authority if it is entitled to appoint a member of the local authority as a member of the National Park authority.

Disqualification of member of a local authority in Wales for appointment to paid office

21

After section 116 of the 1972 Act insert—

(116A) A member of a local authority in Wales is disqualified for being appointed or elected by that authority to any paid office other than the office of chairman, vice-chairman, or in the case of a local authority operating executive arrangements which involve a leader and cabinet executive, the office of executive leader, member of the executive or assistant to the executive.

Documents at local government elections

Translations etc. of documents at local government elections in Wales

22

(1) The 1983 Act is amended as follows.

(2) In section 199B (translation etc. of certain documents), after subsection (10) insert—

(11) This section does not apply to a local government election in Wales.

(3) After section 199B, insert—

(199C) (1) Subsections (2) and (3) apply to any document which under or by virtue of this Act is required or authorised to be given to voters or displayed in any place for the purposes of a local government election in Wales. (2) The person (“P”) who is required or authorised to give or display the document must, as P thinks appropriate, give or display or otherwise make available in such form as P thinks appropriate— (a) the document in Braille; (b) the document in languages other than English and Welsh; (c) graphical representations of the information contained in the document; (d) other means of making the information contained in the document accessible to persons who might not otherwise have reasonable access to the information. (3) P must, as P thinks appropriate, make available the information contained in the document in such audible form as P thinks appropriate. (4) Subsections (2) and (3) do not apply to— (a) the nomination paper; or (b) the ballot paper.

General

Minor and consequential amendments

23

Schedule 2 makes minor and consequential amendments.

PART 2 — GENERAL POWER OF COMPETENCE

CHAPTER 1 — THE GENERAL POWER

Local authority’s general power of competence

24

(1) A qualifying local authority has power to do anything that individuals generally may do, even if that thing is, in nature or extent or otherwise—

(a) unlike anything a qualifying local authority may do apart from this section;

(b) unlike anything that other public bodies may do.

(2) Where subsection (1) confers power on an authority to do something, it confers power to do it in any way whatsoever, including—

(a) power to do it anywhere in Wales or elsewhere;

(b) power to do it for a commercial purpose or otherwise for a charge, or without charge;

(c) power to do it for, or otherwise than for, the benefit of the authority, its area or persons resident or present in its area.

(3) The generality of the power conferred by subsection (1) on a qualifying local authority is not limited by the existence of any other power of the authority; and any other power of the authority is not limited by the existence of the general power.

(4) For the purposes of this Chapter, each of the following is a qualifying local authority—

(a) a principal council;

(b) an eligible community council (as to which see Chapter 2).

(5) In this section, “individual” means an individual with full capacity.

(6) References in this Part to the general power are to the power conferred by subsection (1).

(7) This section is subject to sections 25 to 27 and to any provision made under section 28(3) or (4).

Boundaries of the general power

25

(1) The general power does not enable a qualifying local authority to do anything that the authority is unable to do by virtue of a pre-commencement limitation.

(2) Nor does the general power enable a qualifying local authority to do anything that the authority is unable to do by virtue of a post-commencement limitation that is expressed to apply—

(a) to the general power,

(b) to all of the authority's powers, or

(3) The general power does not confer power to make or alter—

(a) arrangements of a kind that are made, or may be made, by or under Part 6 of the 1972 Act (discharge of functions by local authorities);

(b) arrangements of a kind that are made, or may be made, by or under Part 2 of the 2000 Act (arrangements with respect to executives etc.);

(c) contracting out arrangements, or any other arrangements that are not arrangements within paragraph (a) or (b), that authorise a person to exercise a function of a qualifying local authority.

(4) In this section—

“post-commencement limitation” (“cyfyngiad ar ôl cychwyn”) means a prohibition, restriction or other limitation expressly imposed by a provision of—an Act of Senedd Cymru or an Act of Parliament passed after the day on which this Act was passed;an instrument—made under primary legislation (including this Act), andwhich comes into force on or after the day on which section 24 comes into force in relation to principal councils;

“pre-commencement limitation” (“cyfyngiad cyn cychwyn”) means a prohibition, restriction or other limitation expressly imposed by a provision of—this Act;any other primary legislation passed before, or on the same day as, the day on which this Act was passed;an instrument—made under primary legislation (including this Act), andwhich comes into force before the day on which section 24 comes into force in relation to principal councils.

(5) For the purposes of subsection (1), section 111(3) of the 1972 Act (subsidiary powers of local authorities not to include power to raise money) is to be disregarded.

Limits on charging in exercise of general power

26

(1) The general power confers power on a qualifying local authority to charge for providing a service to a person only if the following conditions are met.

(2) The first condition is that the service is not one that any enactment requires the authority to provide to the person.

(3) The second condition is that the person has agreed to the service being provided.

(4) Except in relation to a service provided for a commercial purpose, to the extent that the general power confers a power on a qualifying local authority to charge for the provision of a service, the power is subject to a duty to secure that, taking one financial year with another, the income from charges imposed under it does not exceed the costs of provision.

(5) The duty under subsection (4) applies separately in relation to each kind of service.

(6) Subject to the duty under subsection (4), in exercising the power conferred by the general power to charge for providing a service, a qualifying local authority may set its charges as it considers appropriate, and may among other things—

(a) charge only some persons for providing a service;

(b) charge different persons, or different descriptions of persons, different amounts for the provision of a service.

Limits on doing things for commercial purpose in exercise of general power

27

(1) The general power confers power on a qualifying local authority to do things for a commercial purpose only if they are things that the authority may, in exercise of the general power, do otherwise than for a commercial purpose.

(2) Where, in exercise of the general power, a qualifying local authority does things for a commercial purpose, the authority must do them through a company.

(3) A qualifying local authority may not, in exercise of the general power, do things for a commercial purpose in relation to a person if any enactment requires the authority to do those things in relation to the person.

(4) In this section, “company” means—

(a) a company within the meaning of section 1(1) of the Companies Act 2006 (c. 46), or

(b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 (c. 14) or the Co-operative and Community Benefit Societies Act (Northern Ireland) 1969 (c. 24 (NI)).

(5) A qualifying local authority must have regard to any guidance issued by the Welsh Ministers about doing things, in the exercise of the general power, for a commercial purpose.

Powers to make supplementary provision

28

(1) If the Welsh Ministers consider that an enactment prevents qualifying local authorities from exercising the general power, or obstructs them in exercising the general power, the Welsh Ministers may by regulations amend, modify, repeal, revoke or disapply that enactment.

(2) If the Welsh Ministers consider that any other power overlaps (to any extent) the general power, then, for the purpose of reducing or removing that overlap, the Welsh Ministers may by regulations amend, modify, repeal, revoke or disapply any enactment.

(3) The Welsh Ministers may by regulations make provision preventing qualifying local authorities from doing, in exercise of the general power, anything that is specified, or is of a description specified, in the regulations.

(4) The Welsh Ministers may by regulations provide for the exercise of the general power to be subject to conditions, either generally or in relation to doing anything that is specified, or is of a description specified, in the regulations.

(5) Regulations made under subsection (4) may, among other things, provide that the exercise of the general power by a qualifying local authority—

(a) to charge for providing a service to a person is to be subject to conditions in addition to the conditions set out in section 26;

(b) to do things for a commercial purpose is to be subject to conditions in addition to the conditions set out in section 27.

(6) The power under subsection (1), (2), (3) or (4) may be exercised in relation to—

(a) all qualifying local authorities;

(b) a particular authority that is a qualifying local authority;

(7) Except as provided for in subsection (8), before making regulations under subsection (1), (2), (3) or (4) the Welsh Ministers must consult—

(a) such principal councils and community councils as they consider appropriate,

(b) such persons representing principal councils and community councils as they consider appropriate, and

(8) The duty imposed by subsection (7) does not apply in the case of regulations made by the Welsh Ministers only for the purpose of amending earlier regulations—

(a) so as to extend the earlier regulations, or any provision of the earlier regulations, to a particular authority or authorities of a particular description, or

(b) so that the earlier regulations, or any provision of the earlier regulations, ceases to apply to a particular authority or to authorities of a particular description.

(9) This section does not confer power to make provision—

(a) that amends, repeals or disapplies a provision of this Act;

(b) for the delegation or transfer of any function of legislating by order, rules, regulations, or other subordinate instrument.

Amendments relating to this Chapter

29

Part 1 of Schedule 3 makes amendments relating to this Chapter.

CHAPTER 2 — ELIGIBLE COMMUNITY COUNCILS

Becoming an eligible community council

30

(1) A community council that meets each of the conditions set out in subsections (2) to (4) (“the eligibility conditions”) may become an eligible community council for the purposes of Chapter 1 by passing, at any meeting of the council, a resolution that it is an eligible community council.

(2) The first condition is that at least two-thirds of the total number of councillors of the community council have been declared elected (whether at an ordinary election or at a by-election).

(3) The second condition is that the clerk to the council holds such qualification or description of qualification as may be specified by the Welsh Ministers by regulations.

(4) The third condition is that—

(a) the most recent AGW opinion on the council's accounts—

(i) is an unqualified AGW opinion, and

(ii) was received by the council during the period of 12 months ending on the day the council will (if it passes a resolution in accordance with subsection (1)) become an eligible community council, and

(b) the AGW opinion on the council's accounts which immediately preceded the opinion mentioned in paragraph (a) is also an unqualified AGW opinion.

(5) For the purposes of subsection (4) and section 34—

(a) an AGW opinion is an opinion provided by the Auditor General for Wales under section 23 of the Public Audit (Wales) Act 2004 (c. 23), having concluded an audit of a community council's accounts for a financial year, and

(b) an AGW opinion is unqualified if the Auditor General for Wales has not, in the opinion, expressed in any way that the Auditor General for Wales is not satisfied as to the matters set out in section 17 of the Public Audit (Wales) Act 2004.

(6) A community council that passes a resolution in accordance with subsection (1) becomes an eligible community council on passing the resolution.

Continuing to be an eligible community council

31

(1) If an eligible community council wishes to continue to be an eligible community council it must—

(a) at the time of each annual meeting following the passing of the resolution in accordance with section 30, meet the eligibility conditions, and

(b) at each such annual meeting, pass a resolution that it continues to be an eligible community council.

(2) An eligible community council that does not pass a resolution in accordance with subsection (1) ceases to be an eligible community council at the end of the day following the annual meeting in question.

(3) In this section and section 32 “annual meeting”, in relation to an eligible community council, means a meeting of the council held under paragraph 23 of Schedule 12 to the 1972 Act.

Ceasing to be an eligible community council

32

(1) An eligible community council may pass a resolution at any meeting of the council (including an annual meeting) that it cease to be an eligible community council.

(2) A community council that passes a resolution under subsection (1) ceases to be an eligible community council at the end of the day following the meeting at which the resolution was passed.

Community councils that cease to be eligible: exercise of general power of competence

33

A community council that ceases to be an eligible community council may continue to exercise the general power of competence in relation to any thing done while it was an eligible community council.

Common community councils established after this Act is passed

34

(1) This section applies where—

(a) after this Act is passed, communities are grouped together under a common community council under an order under section 27F of the 1972 Act, and

(b) at least half of the communities grouped together had separate community councils which, immediately before the order under section 27F of the 1972 Act was made, met the third eligibility condition (set out in section 30(4)).

(2) The third eligibility condition does not apply to the common community council until it has received two AGW opinions in respect of two financial years; and sections 30(1) and 31(1) are to be read accordingly.

(3) If the first AGW opinion received by the common community council is not an unqualified opinion, the council is to be treated as no longer meeting the eligibility conditions.

Power to amend or modify this Chapter

35

(1) The Welsh Ministers may by regulations amend this Chapter for the purposes of—

(a) adding an eligibility condition,

(b) removing an eligibility condition,

(d) making provision for a community council to cease to be an eligible community council (in circumstances other than those specified in this Chapter).

(2) Before making regulations under paragraphs (a) to (c) of subsection (1), the Welsh Ministers must consult such persons representing community councils as they consider appropriate.

(3) The Welsh Ministers may by regulations amend or modify this Chapter for the purposes of providing that, during the period of two years beginning with the day on which this Chapter comes into force—

(a) an eligibility condition does not apply;

(b) an eligibility condition applies with modifications.

Guidance on exercise of functions under this Chapter

36

A community council must have regard to any guidance issued by the Welsh Ministers about the exercise of functions under this Chapter.

Amendments relating to this Chapter

37

Part 2 of Schedule 3 makes amendments relating to this Chapter.

PART 3 — PROMOTING ACCESS TO LOCAL GOVERNMENT

CHAPTER 1 — OVERVIEW OF PART

Overview

38

In this Part—

(a) Chapter 2 requires a principal council—

(i) to encourage local people to participate in decision-making by the council;

(ii) to prepare and publish a strategy setting out how it is to comply with its duty to encourage participation in decision-making;

(iii) to make a petition scheme;

(iv) to publish an electronic and postal address for each of its members;

(b) Chapter 3 requires a principal council to publish a guide to accompany its constitution and make copies of the guide available on request;

(i) for broadcasting proceedings at meetings of principal councils and other local authorities which are open to the public;

(ii) requiring local authorities to make arrangements enabling remote attendance at meetings;

(iii) giving members of the public the opportunity to speak at meetings of community councils open to the public;

(iv) about the giving of notices, and access to documents, relating to local authority meetings;

(v) for regulations to be made about local authority meetings, publication of information and community meetings;

(d) Chapter 5 requires community councils to publish an annual report about their priorities, activities and achievements.

CHAPTER 2 — PUBLIC PARTICIPATION IN DECISION-MAKING BY PRINCIPAL COUNCILS

Principal councils' duty to encourage participation in local government

Duty to encourage local people to participate in decision-making by principal councils

39

(1) A principal council must encourage local people to participate in the making of decisions by the council (including the making of decisions in partnership or in conjunction with any other person).

(2) In subsection (1), a reference to the making of decisions includes a reference to the making of decisions by a person in relation to the exercise of a function delegated to that person by a principal council.

(3) This section applies to a corporate joint committee as it applies to a principal council and references in subsections (1) and (2) to a principal council are to be construed accordingly.

Strategy on encouraging participation

40

(1) A principal council must prepare and publish a strategy (“a public participation strategy”) specifying how it proposes to comply with the duty in section 39.

(2) A public participation strategy must, in particular, address—

(a) ways of promoting awareness among local people of the principal council's functions;

(b) ways of promoting awareness among local people of how to become a member of the principal council, and what membership entails;

(c) ways of facilitating access for local people to information about decisions made, or to be made, by the principal council;

(d) ways of promoting and facilitating processes by which local people may make representations to the principal council about a decision before, and after, it is made;

(e) arrangements made, or to be made, for the purpose of the council's duty in section 62 of the 2011 Measure (bringing views of the public to attention of overview and scrutiny committees);

(f) ways of promoting awareness among members of the principal council of the benefits of using social media to communicate with local people.

(3) A public participation strategy may address how a principal council proposes to comply with a duty imposed by any enactment.

Public participation strategy: consultation and review

41

(1) A principal council's first public participation strategy must be published as soon as reasonably practicable after section 40 comes into force.

(2) In preparing that strategy the council must consult—

(a) local people, and

(b) such other persons as it considers appropriate.

(3) A principal council—

(a) must review its public participation strategy as soon as reasonably practicable following each ordinary election of councillors to the council, and

(b) may review its strategy at any other time.

(4) In conducting a review of a public participation strategy under subsection (3)(a) a principal council must consult—

(a) local people, and

(b) such other persons as it considers appropriate.

(5) Following a review under subsection (3) a principal council may revise its public participation strategy, or replace it with a new strategy.

(6) But before revising or replacing its public participation strategy following a review under subsection (3)(b) a principal council must consult—

(a) local people, and

(b) such other persons as it considers appropriate.

(7) If a principal council revises or replaces a public participation strategy, it must publish the revised or new strategy as soon as reasonably practicable.

Principal council's petition scheme

Duty to make petition scheme

42

(1) A principal council must make and publish a scheme (a “petition scheme”) setting out how the council intends to handle and respond to petitions (including electronic petitions).

(2) A petition scheme must, in particular, set out—

(a) how a petition may be submitted to the council;

(b) how and by when the council will acknowledge receipt of a petition;

(d) the circumstances (if any) in which the council may take no further action in response to a petition;

(e) how and by when the council will make available its response to a petition to the person who submitted the petition and to the public.

(3) A principal council must review its petition scheme from time to time and, if the council considers it appropriate, revise the scheme.

(4) If a principal council revises or replaces a petition scheme, it must publish the revised or new scheme.

(5) This section applies to a corporate joint committee as it applies to a principal council and references in subsections (1) to (4) to a principal council are to be construed accordingly.

Addresses of members of principal councils

Duty on principal councils to publish official addresses

43

A principal council must publish an electronic and postal address for each member of the council, to which correspondence for the member may be sent.

Guidance

Guidance on exercise of functions under this Chapter

44

A principal council must have regard to any guidance issued by the Welsh Ministers about the exercise of functions under this Chapter.

CHAPTER 3 — CONSTITUTION GUIDES

Principal councils’ duty to publish constitution and constitution guide

45

(1) Section 37 of the 2000 Act (local authority constitution) is amended as follows.

(2) After subsection (1) insert—

(1A) A local authority must prepare and keep up to date a document (referred to in this section as their constitution guide) which explains, in ordinary language, the content of their constitution.

(3) In subsection (2)—

(a) after “must” insert

— (a) publish their constitution and their constitution guide electronically and in such other manner as they consider appropriate, and (b)

;

(b) after “copies of their constitution” insert “ and their constitution guide ”.

(4) In subsection (3)—

(a) after “constitution” insert “ or, as the case may be, their constitution guide ”;

(b) for the words from “who requests” to the end of the subsection, substitute “ on request, either free of charge or at a charge representing no more than the cost of providing the copy ”.

CHAPTER 4 — LOCAL GOVERNMENT MEETINGS

Electronic broadcasts of meetings of certain local authorities

46

(1) A principal council must make and publish arrangements for the purpose of ensuring that—

(a) a broadcast of proceedings at a meeting to which subsection (2) applies is available electronically so that members of the public not in attendance at the meeting can see and hear the proceedings;

(b) the proceedings are broadcast as they take place, subject to any specified exceptions;

(2) This subsection applies to proceedings at a meeting, or any part of a meeting, which is open to the public of—

(a) a principal council;

(b) any of the following specified bodies—

(i) the executive of a principal council;

(ii) a committee or sub-committee of an executive of a principal council;

(iii) a committee or sub-committee of a principal council;

(iv) a joint committee, or a sub-committee of a joint committee, of two or more principal councils.

(3) The Welsh Ministers may by regulations make further provision in connection with the broadcast of proceedings at a meeting to which subsection (2) applies.

(4) In subsections (1) and (2), “specified” means specified in regulations made by the Welsh Ministers.

(5) If a principal council revises or replaces arrangements made under subsection (1), it must publish the revised or new arrangements.

(6) A principal council making arrangements required by subsection (1) must have regard to any guidance about the exercise of that function issued by the Welsh Ministers.

(7) The validity of any proceedings to which subsection (2) applies is not affected by the availability or otherwise of a broadcast (whether as the proceedings take place or afterwards).

(7A) This section applies to a corporate joint committee as it applies to a principal council subject to the following modifications—

(a) the references to a principal council in subsections (1), (2)(a), (5) and (6) are to be read as references to a corporate joint committee, and

(b) subsection (2)(b) is to be treated as if it were substituted as follows—

(b) a sub-committee of a corporate joint committee.

(8) The Welsh Ministers may by regulations make provision for and in connection with ensuring that proceedings at a meeting of an authority listed in subsection (9), or at a meeting of a committee or sub-committee of such an authority, are broadcast electronically.

(9) The authorities are—

(a) a fire and rescue authority for an area in Wales;

(b) a National Park authority for a National Park in Wales;

(d) a joint board which—

(i) is constituted under any enactment as a body corporate, and

(ii) discharges functions of two or more principal councils.

(10) Regulations under subsection (3) or (8) may include provision amending, modifying, repealing or revoking any enactment.

Attendance at local authority meetings

47

(1) A local authority must make and publish arrangements for the purpose of ensuring that local authority meetings are able to be held by means of any equipment or other facility which—

(a) enables persons who are not in the same place to attend the meetings, and

(b) satisfies the conditions in subsection (2).

(2) The conditions are that the equipment or other facility enables persons—

(a) in the case of local authority meetings that do not fall within paragraph (b), to speak to and be heard by each other (whether or not the equipment or facility enables those persons to see and be seen by each other), and

(b) in the case of meetings of a principal council required to be broadcast under section 46 (electronic broadcasts), or any other local authority meetings required to be broadcast by regulations made under that section, to speak to and be heard by each other and to see and be seen by each other.

(3) In the case of meetings of a joint committee of two or more local authorities, the authorities must make and publish arrangements under subsection (1) jointly.

(4) If a local authority revises or replaces arrangements made under subsection (1), it must publish the revised or new arrangements.

(5) A local authority making arrangements required by subsection (1) must have regard to any guidance about the exercise of that function issued by the Welsh Ministers.

(6) In this section—

“local authority” (“awdurdod lleol”) means—a principal council; a corporate joint committee; a community council;a fire and rescue authority for an area in Wales;a National Park authority for a National Park in Wales;a port health authority for a port health district in Wales constituted under section 2 of the Public Health (Control of Disease) Act 1984 (c. 22);

“local authority meeting” (“cyfarfod awdurdod lleol”) means a meeting of—a local authority;where the local authority is a principal council, its executive;a joint committee of two or more local authorities;a committee or sub-committee of anything within paragraphs (a) to (c),and, for the avoidance of doubt, includes a hearing held by a principal council's licensing committee established under section 6 of the Licensing Act 2003 (c. 17) or a sub-committee established by a licensing committee.

(7) A reference in any enactment to—

(a) the attendance, presence or appearance of a person at a local authority meeting includes, in relation to a meeting held by the means described in subsection (1), attendance, presence or appearance by use of those means;

(b) the place at which a local authority meeting is held is not to be read as limited to a single physical location.

(8) The Welsh Ministers may by regulations amend this section so as to—

(a) add to, amend or omit the conditions in subsection (2);

(b) add to the definition of “local authority” in subsection (6) a joint board which—

(i) is constituted under any enactment as a body corporate, and

(ii) discharges functions of two or more principal councils.

(9) Part 2 of Schedule 4 makes consequential amendments.

Participation at meetings of community councils

48

In Part 4 of Schedule 12 to the 1972 Act (meetings and proceedings of community councils), after paragraph 27 insert—

(27A) (1) This paragraph applies in respect of a meeting or part of a meeting of a community council which is open to the public. (2) The person presiding over the meeting must give members of the public in attendance a reasonable opportunity to make representations about any business to be transacted at the meeting, unless that person considers that doing so is likely to prejudice the effective conduct of the meeting. (3) In complying with sub-paragraph (2), the person presiding over the meeting must have regard to any guidance issued by the Welsh Ministers about the function in that sub-paragraph.

Notices etc. of local authority meetings

49

(1) Part 1 of Schedule 4 makes amendments to the 1972 Act and other Acts, concerning notices and other documents relating to meetings of local authorities.

(2) Any notice or other document relating to a local authority meeting which is required under any enactment to be published electronically is, for the purposes of paragraph 5 of Schedule 1 to the Defamation Act 1996 (c. 31), to be treated as a document required by law to be open to public inspection.

(3) In subsection (2) “local authority meeting” has the same meaning as in section 50(5).

Regulations about conduct of local authority meetings, documents relating to meetings and publication of information

50

(1) The Welsh Ministers may by regulations make provision for and in connection with requirements concerning notices and other documents relating to local authority meetings and concerning the conduct of such meetings.

(2) Regulations under subsection (1) may, in particular, include provision about—

(a) the production of notices and other documents relating to local authority meetings;

(b) the publication and dissemination of such notices and documents;

(d) rights of access to such notices and documents;

(e) the keeping of documents relating to local authority meetings;

(f) arrangements relating to the holding of local authority meetings;

(g) the recording of decisions made at such meetings.

(3) The Welsh Ministers may also by regulations make provision for and in connection with the publication by local authorities of, and rights of access to, information setting out details about—

(a) members of the authority and its committees and sub-committees;

(b) rights to attend local authority meetings and to access documents;

(4) Regulations under this section may amend, modify, repeal or revoke any enactment.

(5) In this section—

“local authority” (“awdurdod lleol”) means—a principal council;a community council;a fire and rescue authority for an area in Wales;a National Park authority for a National Park in Wales;a joint board which—is constituted under any enactment as a body corporate, anddischarges functions of two or more principal councils;a port health authority for a port health district in Wales constituted under section 2 of the Public Health (Control of Disease) Act 1984 (c. 22);

“local authority meeting” (“cyfarfod awdurdod lleol”) means a meeting of—a local authority;where the local authority is a principal council, its executive;a joint committee of two or more local authorities;a committee or sub-committee of anything within paragraphs (a) to (c).

Regulations about community meetings

51

In Part 5 of Schedule 12 to the 1972 Act (community meetings), after paragraph 36 insert—

(36A) (1) The Welsh Ministers may by regulations make provision for and in connection with requirements concerning notices and other documents relating to community meetings and concerning the holding of such meetings and their conduct. (2) Regulations under sub-paragraph (1) may, in particular, include provision about— (a) arrangements relating to the holding of community meetings attended by persons who are not in the same place; (b) the convening of community meetings; (c) the production, publication, dissemination and content of notices of community meetings; (d) the recording of decisions made at community meetings; (e) the functions of principal councils and community councils in relation to community meetings; (f) eligibility to attend and to vote at community meetings. (3) Regulations under sub-paragraph (1) may include supplementary, incidental, consequential, transitional, transitory or saving provision (including provision amending, modifying, repealing or revoking any enactment (including this Act)). (4) A statutory instrument containing regulations under sub-paragraph (1) must not be made unless a draft of the instrument has been laid before and approved by resolution of Senedd Cymru. (36BA) principal council and a community council exercising functions in relation to community meetings must have regard to any guidance about the exercise of those functions issued by the Welsh Ministers.

CHAPTER 5 — ANNUAL REPORTS BY COMMUNITY COUNCILS

Annual reports by community councils

52

(1) As soon as reasonably practicable after the end of each financial year, a community council must prepare and publish a report (an “annual report”) about the council's priorities, activities and achievements during that year.

(2) A community council must have regard to any guidance about annual reports issued by the Welsh Ministers.

(3) Section 101 of the 1972 Act (arrangements for discharge of functions by local authorities) does not apply to a community council's function of determining the content of an annual report.

PART 4 — LOCAL AUTHORITY EXECUTIVES, MEMBERS, OFFICERS AND COMMITTEES

Overview of Part

Overview

53

This Part makes provision—

(a) requiring a principal council to appoint a chief executive (rather than designate a head of paid service), whose functions will include duties imposed under this Part;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) about job-sharing of certain offices in principal councils;

(e) for issuing guidance, including to elected mayors and executive leaders, on equality and diversity;

(f) about the entitlement of members of local authorities to various kinds of family absence;

(g) requiring leaders of political groups to take steps to promote and maintain high standards of conduct by members of their groups, and to co-operate with standards committees;

(h) requiring standards committees to produce annual reports on the exercise of their functions;

(i) amending the 2000 Act and other Acts to make provision about investigations by the Public Services Ombudsman for Wales into the conduct of members of local government;

(j) about the provision of certain information to overview and scrutiny committees;

(k) enabling the Welsh Ministers to require local authorities to appoint joint overview and scrutiny committees;

(l) requiring community councils to make training plans.

Chief executives

54

(1) A principal council must appoint a chief executive.

(2) The chief executive of a principal council must—

(a) keep each of the matters specified in subsection (3) under review, and

(b) where the chief executive considers it appropriate to do so, make a report to the council setting out the chief executive's proposals in respect of any of those matters.

(3) The matters are—

(a) the manner in which the exercise by the council of its different functions is co-ordinated;

(b) the council's arrangements in relation to—

(i) financial planning,

(ii) asset management, and

(iii) risk management;

(d) the organisation of the council's staff;

(e) the appointment of the council's staff;

(f) the arrangements for the management of the council's staff (including arrangements for training and development).

(4) As soon as reasonably practicable after preparing a report for the purposes of subsection (2)(b), the chief executive of a principal council must arrange for the report to be sent to each member of the council.

(5) A principal council must consider a report made under subsection (2)(b) at a meeting held not more than three months after copies of the report are first sent to members of the council; and section 101 of the 1972 Act (arrangements for discharge of functions by local authorities) does not apply to the duty imposed by this subsection.

(6) A principal council must provide its chief executive with such staff, accommodation and other resources as are, in the chief executive's opinion, sufficient to allow the chief executive's duties under this section to be carried out.

(7) Schedule 5 makes consequential amendments.

Replacement of references to “salary” in section 143A of the 2011 Measure

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reconsideration of remuneration following direction by the Welsh Ministers

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Executives of principal councils

Appointment of assistants to executive

57

(1) Schedule 1 to the 2000 Act (executive arrangements in Wales: further provision) is amended as follows.

(2) Before paragraph 4 insert—

(3A) (1) Executive arrangements by a local authority may make provision for councillors of the authority to be appointed to assist the executive in discharging functions which are the responsibility of the executive. (2) Such a councillor is referred to in this Schedule as an assistant to the executive of the authority. (3) Assistants to the executive of an authority are to be appointed— (a) in the case of an authority operating a mayor and cabinet executive, by the elected mayor; (b) in the case of an authority operating a leader and cabinet executive (Wales), by the executive leader or the authority. (4) Executive arrangements which make provision for the appointment of assistants to an executive may include provision about— (a) the number of assistants that may be appointed, (b) their term of office, and (c) their responsibilities. (5) The assistants to the executive of a local authority may not include— (a) the chairman and vice-chairman of the authority; (b) the presiding member and deputy presiding member of the authority (if the authority has a presiding member). (6) An assistant to the executive of an authority is not a member of the executive of the authority. (7) Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to a local authority's function of making appointments under sub-paragraph (3)(b).

(3) In paragraph 5—

(a) at the beginning insert—

(1) An assistant to the executive of a local authority is entitled to attend, and speak at, any meeting of the executive or of a committee of the executive. (2)

;

(b) for “not a member of the authority's executive” substitute “ neither a member of the authority's executive nor an assistant to the executive ”.

(4) Schedule 6 to this Act makes consequential amendments.

58

Schedule 7 provides for amendments to the 2000 Act to make provision—

(a) requiring local authorities to include in their executive arrangements provision enabling two or more councillors to share office on an executive, including the office of executive leader,

(b) changing the maximum number of members of an executive when members of the executive share office, and

Content of, and duty to have regard to, guidance under section 38 of the 2000 Act

59

(1) Section 38 of the 2000 Act (guidance) is amended as follows.

(2) In subsection (1), after “local authority” insert “ , an elected mayor or an executive leader ”.

(3) After subsection (1) insert—

(1A) The guidance may, among other things, include provision designed to encourage good practice in relation to equality and diversity (within the meaning of section 8(2) of the Equality Act 2006).

60

(1) The Welsh Ministers may by regulations make provision for the purpose of facilitating or enabling the sharing of a principal council office.

(2) For the purposes of this section, “principal council office” means—

(a) chair of a principal council (see section 22 of the 1972 Act);

(b) vice-chair of a principal council (see section 24 of that Act);

(d) deputy presiding member of a principal council (see section 24B of that Act);

(e) chair of a committee or sub-committee of a principal council;

(f) vice-chair or deputy chair of a committee or sub-committee of a principal council;

(g) deputy mayor in a mayor and cabinet executive (see Schedule 1 to the 2000 Act (executive arrangements)).

(3) Regulations under subsection (1) may, in particular—

(a) require principal councils to facilitate or enable the sharing of a principal council office (including by way of amending standing orders and other instruments);

(b) make provision about the appointment, election or nomination of a person to share a principal council office;

(d) make provision about voting and quorum where a principal council office is shared.

(4) Regulations under subsection (1) may amend, modify, apply (with or without modifications), disapply, repeal or revoke any enactment.

(5) A principal council must have regard to any guidance issued by the Welsh Ministers for the purposes of regulations made under subsection (1).

(6) In subsection (2), a reference to a committee or sub-committee includes a reference to a joint committee, or a sub-committee of a joint committee.

Family absence for members of local authorities

61

(1) The 2011 Measure is amended as follows.

(2) In section 24 (maternity absence)—

(a) for subsection (2) substitute—

(2) Regulations must include provision for determining— (a) the extent of a member's entitlement to maternity absence in respect of a child; (b) when maternity absence may be taken.

;

(b) omit subsections (3) and (4).

(3) In section 25 (newborn absence), omit—

(a) subsection (4);

(b) subsection (6);

(d) in subsection (10), the definition of “week”.

(4) In section 26 (adopter's absence), omit subsection (3).

(5) In section 27 (new adoption absence) omit—

(a) subsection (4);

(b) subsection (6);

(6) In section 28 (parental absence), omit subsection (4).

Conduct of members

Duties of leaders of political groups in relation to standards of conduct

62

(1) The 2000 Act is amended as follows.

(2) After section 52 insert—

(52A) (1) A leader of a political group consisting of members of a county council or county borough council in Wales— (a) must take reasonable steps to promote and maintain high standards of conduct by the members of the group, and (b) must co-operate with the council's standards committee (and any sub-committee of the committee) in the exercise of the standards committee's functions. (2) In complying with subsection (1), a leader of a political group must have regard to any guidance about the functions under that subsection issued by the Welsh Ministers. (3) The Welsh Ministers may by regulations make provision for the purposes of this section about the circumstances in which— (a) members of a county council or county borough council in Wales are to be treated as constituting a political group; (b) a member of a political group is to be treated as a leader of the group. (4) Before making regulations under subsection (3), the Welsh Ministers must consult such persons as they think appropriate.

(3) In section 54 (functions of standards committees), after subsection (2) insert—

(2A) A standards committee of a county council or county borough council in Wales also has the specific functions of— (a) monitoring compliance by leaders of political groups on the council with their duties under section 52A(1), and (b) advising, training or arranging to train leaders of political groups on the council about matters relating to those duties.

(4) In section 106 (Wales: orders and regulations)—

(a) omit subsection (5);

(b) in subsection (7) after “section 21G” insert “ or regulations under section 52A(3) ”.

(5) In the 2013 Act, omit section 68(4)(a).

(6) In this Act, omit section 63(2).

Duty of standards committee to make annual report

63

(1) In Part 3 of the 2000 Act, at the end of Chapter 1 insert—

(56B) (1) As soon as reasonably practicable after the end of each financial year, a standards committee of a relevant authority must make an annual report to the authority in respect of that year. (2) The annual report must describe how the committee's functions have been discharged during the financial year. (3) In particular, the report must include a summary of— (a) what has been done to discharge the general and specific functions conferred on the committee by section 54 or 56; (b) reports and recommendations made or referred to the committee under Chapter 3 of this Part; (c) action taken by the committee following its consideration of such reports and recommendations; (d) notices given to the committee under Chapter 4 of this Part. (4) An annual report by a standards committee of a county council or county borough council in Wales must include the committee's assessment of the extent to which leaders of political groups on the council have complied with their duties under section 52A(1) during the financial year. (5) An annual report by a standards committee of a relevant authority may include recommendations to the authority about any matter in respect of which the committee has functions. (6) A relevant authority must consider each annual report made by its standards committee before the end of 3 months beginning with the day on which the authority receives the report. (7) The function of considering the report may be discharged only by the relevant authority (and accordingly is not a function to which section 101 of the Local Government Act 1972 applies). (8) In this section “financial year” means a period of 12 months ending with 31 March.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certain investigations by the Public Services Ombudsman for Wales

64

Schedule 8 makes amendments to the 2000 Act and other Acts, about investigations by the Public Services Ombudsman for Wales concerning failures to comply with a code of conduct.

Overview and scrutiny committees

Making information available to overview and scrutiny committees

65

In section 22(10) of the 2000 Act (power to require information to be made available about decisions), for “or members of the authority” substitute “ , members of the authority, an overview and scrutiny committee of the authority or a sub-committee of such a committee ”.

Power to require authorities to appoint joint overview and scrutiny committees

66

(1) Section 58 of the 2011 Measure (joint overview and scrutiny committees) is amended as follows.

(2) In subsection (1), after “authorities may” insert “ or must ”.

(3) In subsection (3), for paragraph (a) substitute—

(a) provision about the circumstances in which arrangements may be made; (aa) provision prescribing circumstances in which arrangements must be made; (ab) provision for arrangements to be made subject to prescribed conditions or limitations;

(4) In subsection (4)—

(a) omit “, in exercising or deciding whether to exercise any function conferred on it by or under this section,”;

(b) after “Welsh Ministers” insert “ in relation to the exercise of any function it has under or by virtue of this section ”.

Training of members and staff of community councils

Community council training plans

67

(1) A community council must make and publish a plan (a “training plan”) setting out its proposals in relation to the provision of training for—

(a) the councillors of the community council, and

(b) the community council's staff.

(2) A community council must make its first training plan no later than six months after the date on which subsection (1) comes into force.

(3) A community council must make a new training plan no later than three months after each ordinary election of community councillors to the council.

(4) A community council must review its training plan from time to time.

(5) If a community council revises or replaces its training plan, it must publish the revised or new plan.

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