Legalize / United Kingdom / Wales / Act of Senedd Cymru

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

articles Not indexed

Reform history JSON API

(a) for the purposes of the merger, co-operate with the Welsh Ministers, the other merging council or councils and any other person exercising functions in relation to the merger, and

(b) take all reasonable steps to—

(i) facilitate the economic, effective and efficient transfer of its functions, staff, property, rights and liabilities to the new principal council, and

(ii) ensure that the new principal council and its staff are in a position to perform the new principal council's functions effectively.

(2) The Welsh Ministers may direct a merging council to take, or not to take, any action the Welsh Ministers consider appropriate for the purpose of discharging the council's duty under this section.

CHAPTER 2 — RESTRUCTURING OF PRINCIPAL AREAS

Conditions to be met

Conditions to be met before making restructuring regulations

129

(1) If the conditions set out in this section are satisfied, the Welsh Ministers may make restructuring regulations (as to which, see section 131).

(2) The first condition is that the Welsh Ministers have received—

(a) a report of a special inspection of a principal council by the Auditor General for Wales under section 95(7), or

(b) an abolition request under section 130 from a principal council.

(3) The second condition is that the Welsh Ministers have—

(a) given notice to the affected councils that the Welsh Ministers have received the report or abolition request, and

(b) published the notice.

(4) The third condition is that the Welsh Ministers have consulted—

(a) the council which was the subject of the report mentioned in subsection (2)(a) or which made the abolition request mentioned in subsection (2)(b) (“the council under consideration”),

(b) every other principal council whose area will be, or is likely to be, affected by any restructuring regulations made in respect of the council under consideration, and

about the steps that the Welsh Ministers are considering taking as a consequence of receipt of the report or request.

(5) The fourth condition is that, following consultation in accordance with subsection (4), the Welsh Ministers are satisfied that, unless restructuring regulations are made, effective and convenient local government is not likely to be achieved in the area of the council under consideration.

(6) The fifth condition is that, if each of the conditions in subsections (2) to (5) are satisfied and the Welsh Ministers propose to make restructuring regulations, they have given notice of their proposals to the council under consideration and—

(a) if the transfer of a part or parts of the area of the council under consideration is proposed, the principal council for the principal area which is (or the principal councils for the principal areas which are) to include a part of the area of the council under consideration;

(b) if the creation of a new principal area is proposed, the principal council for a principal area which is (or the principal councils for principal areas which are) to be merged with all or part of the area of the council under consideration into a new principal area;

Abolition requests

130

(1) A principal council may, by notice in writing (“an abolition request”), ask the Welsh Ministers to consider abolishing the council and its principal area.

(2) An abolition request must set out the principal council's reasons for seeking abolition.

(3) The principal council must publish the abolition request as soon as reasonably practicable after making the request.

(4) Section 101 of the 1972 Act (arrangements for discharge of functions by local authorities) does not apply to the function of making an abolition request.

(5) The function of making an abolition request is not to be the responsibility of an executive of the principal council under executive arrangements.

(6) An elected mayor is to be treated as a councillor of the principal council for the purposes of the function of making an abolition request.

Restructuring regulations

131

Restructuring regulations are regulations which provide for the abolition of the principal area of a council under consideration on a date specified in the regulations (“the transfer date”), and either or both of the following—

(a) for a part or parts of the principal area being abolished to become, on the transfer date, part of another existing principal area or parts of other existing principal areas;

(b) for the constitution of a new principal area on the transfer date by—

(i) abolishing the principal area of one or more other principal councils (as well as the area of the council under consideration), and

(ii) merging, to create a new principal area, all or part of the area of the council under consideration with the area of the other principal council or councils (whether or not the other council or councils are also councils under consideration).

Restructuring regulations which provide for part of a principal area to become part of another existing principal area

132

(1) Restructuring regulations which include provision under section 131(a) must—

(a) specify, by reference to each part of the area being abolished which is transferred to an existing principal area, the new area of that principal area,

(b) provide for the transfer of functions from the council under consideration to another principal council,

(d) provide for the voting system (see section 134(4)) which applies in relation to a part of the area of the council under consideration which is transferred to another principal area (“principal area A”) to be, at the first ordinary election of councillors after the transfer date, the voting system applying in the rest of principal area A.

(2) Restructuring regulations may, for the purposes of providing for part of the area of the council under consideration to become part of another principal area, make provision about—

(a) the assignment of councillors of the council under consideration to another principal council;

(b) the election and terms of office of councillors of a restructuring council;

(c) the voting system which is to apply, in relation to a part of the area of the council under consideration which is transferred to another principal area, at an election to fill a casual vacancy held after the transfer date and before the first ordinary election of councillors to the council after the transfer date;

(d) the election and terms of office of councillors to community councils in the area of a restructuring council;

(e) the executive arrangements of a restructuring council;

(f) the form of executive operated by a restructuring council;

(g) the area, term of office and election of an elected mayor of a restructuring council;

(h) the arrangements for the remuneration of members of a restructuring council, including provision conferring functions on the Democracy and Boundary Commission Cymru;

(i) a change to the name of a restructuring council;

(j) whether the principal area of a restructuring council is a county or county borough.

Restructuring regulations which constitute a new principal area

133

(1) Restructuring regulations which include provision as described in section 131(b) must provide for—

(a) the boundary of the new principal area,

(b) the name of the new principal area,

(d) the establishment of a council for the new principal area (in accordance with paragraph (e) or subsections (4) to (7)),

(e) (subject to subsection (4)) there to be an elected shadow council for the new principal area until the transfer date (from when it is, and has all the functions of, the principal council for the new principal area),

(f) the functions of the shadow council,

(g) the funding of the shadow council,

(h) the appointment of a shadow executive by the shadow council, in the form of a leader and cabinet executive (which, from the transfer date, is and has all the functions of, the executive for the principal council),

(i) the functions of the shadow executive,

(j) the transfer of functions to the new principal council from the restructuring councils whose areas are to be merged to create the new principal area,

(k) the winding up and dissolution of the restructuring councils whose areas are to be merged to create the new principal area,

(l) which of the voting systems (see section 134(4)) is to apply to the first ordinary election of councillors to the new principal council,

(m) the date of the first ordinary election of councillors to the new principal council, and

(n) the terms of office of councillors returned at that election.

(2) Where a new principal area constituted by restructuring regulations is to be a county, the regulations must provide for the new principal council to have the name of the county with the addition of the words “County Council” or the word “Council”.

(3) Where a new principal area constituted by restructuring regulations is to be a county borough, the regulations must provide for the new principal council to have the name of the county borough with the addition of the words “County Borough Council” or the word “Council”.

(4) The Welsh Ministers may, if they consider it appropriate, make provision in the restructuring regulations for the shadow council to be a designated shadow council until the pre-election period.

(5) If the Welsh Ministers make such provision, they must also, in the restructuring regulations—

(a) make provision specifying the composition of the shadow executive to be appointed by the shadow council;

(b) provide that during the pre-election period the shadow council is, and has all the functions of, the principal council for the new principal area; and the shadow executive is, and has all the functions of, the executive for the principal council.

(6) In subsections (4) and (5), “pre-election period” means the period—

(a) beginning with the transfer date, and

(b) ending immediately before the fourth day after the holding of the first ordinary election of councillors to the new principal council.

(7) For the purposes of this section—

(a) an elected shadow council—

(i) consists of the councillors elected in the first ordinary election of councillors to the new principal council, and

(ii) is established on the fourth day after that election, when those councillors assume office as shadow members;

(b) a designated shadow council—

(i) consists of such members of the restructuring councils as are specified in the restructuring regulations, appointed in accordance with the regulations, and

(ii) is established on the date specified in the restructuring regulations as the date on which those members assume office as shadow members.

Restructuring regulations: supplementary

134

(1) Restructuring regulations may make provision that corresponds to, or applies (with or without modifications) provision made by or under, or that may or must be made under—

(a) Chapter 4 (remuneration arrangements), where the regulations make provision in accordance with section 131(b);

(b) section 127 (elections);

(2) Restructuring regulations may provide for—

(a) the establishment of a committee or other body to provide advice and recommendations to persons specified in the regulations about the transfer of functions, liabilities and property, and about staffing matters;

(b) the establishment of a body corporate for the purpose of taking over, and disposing of, any property, rights or liabilities of a principal council which is to be abolished under the regulations, and exercising any related functions of such a council; and restructuring regulations may—

(i) provide for such a body to acquire property, make levies, borrow and lend money, and

(ii) make provision about the winding up of such a body;

(d) the giving of directions by the Welsh Ministers to persons specified in the regulations for purposes connected to a restructuring, and for their enforcement;

(e) the Welsh Ministers to determine, in circumstances specified in the regulations, matters connected to the restructuring.

(3) If the Welsh Ministers decide not to make restructuring regulations after—

(a) having received a report of a special inspection of a principal council by the Auditor General for Wales under section 95(7) and having consulted as described in section 129(4), or

(b) having received an abolition request,

they must notify the council under consideration and any other principal council they have given notice or consulted as described in section 129.

(4) For the purposes of sections 132 and 133, the voting systems are—

(a) the simple majority system provided for by rules made, or having effect as if made, under section 36A of the 1983 Act;

(b) the single transferable vote system provided for by rules made under section 36A of the 1983 Act.

(5) If, before section 7 comes into force, notice is given as described in section 129(6) and the creation of a new principal area is proposed—

(a) section 133(1) does not apply in relation to the restructuring regulations relating to the notice, and

(b) those regulations must provide that if section 7 is in force on the day of the first ordinary election of councillors to the principal council for the new principal area, the simple majority system applies to that election.

Facilitating restructuring

Duties of restructuring councils to facilitate transfer

135

(1) A restructuring council must, for the purposes of the restructuring, co-operate with the Welsh Ministers, the other restructuring council or councils and any other person exercising functions in relation to the restructuring.

(2) A restructuring council whose area is to be abolished must take all reasonable steps to—

(a) facilitate the economic, effective and efficient transfer of its functions, staff, property, rights and liabilities to the other restructuring councils and any new principal councils, and

(b) ensure that the other restructuring councils and any new principal councils, and their staff, are in a position to perform their functions effectively.

(3) A restructuring council other than one whose area is to be abolished must take all reasonable steps to—

(a) facilitate the economic, effective and efficient transfer to it of the functions, staff, property, rights and liabilities of the council under consideration, and

(b) ensure that it and its staff are in a position to perform their functions effectively.

(4) The Welsh Ministers may direct a restructuring council to take, or not to take, any action the Welsh Ministers consider appropriate for the purpose of discharging the council's duty under this section.

CHAPTER 3 — FUNCTIONS RELATING TO MERGERS AND RESTRUCTURING

Transition committees

136

Schedule 11 makes provision about the establishment of transition committees.

Restraint of transactions and recruitment

137

Schedule 12 makes provision about restraints on transactions and recruitment.

Reviews of electoral arrangements

138

(1) The Welsh Ministers may direct the Democracy 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 Democracy 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.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prohibition of changes to executive arrangements

139

(1) After receiving a merger application the Welsh Ministers may direct a merging council that—

(a) until merger regulations applying to the council come into force, or

(b) until it receives notice under section 121(5),

it must not take any steps (including the holding of a referendum) to change its form of executive.

(2) After giving notice as described in section 129(6), the Welsh Ministers may direct a restructuring council that—

(a) until restructuring regulations applying to the council come into force, or

(b) until it receives notice under section 134(3),

it must not take any steps (including the holding of a referendum) to change its form of executive.

(3) While a direction under subsection (1) or (2) has effect in relation to a council, the council is not subject to any duty imposed by or under an enactment to take steps to change its form of executive.

Requirement on principal councils to provide information etc. to the Welsh Ministers

140

(1) The Welsh Ministers may direct a principal council (“council A”) to provide them with any information or documents they consider appropriate—

(a) for the purposes of considering whether to transfer the functions of council A to another principal council (“council B”) or to a new principal council,

(b) for the purposes of giving effect to such a transfer, or

(2) The Welsh Ministers may also direct council B to provide the Welsh Ministers with any information or documents which they consider appropriate as mentioned in subsection (1)(a), (b) or (c).

Requirement on principal councils to provide information etc. to other bodies

141

(1) The Welsh Ministers may direct a principal council (“council A”) to provide a relevant body with any information or documents which the Welsh Ministers consider appropriate—

(a) for the purposes of considering whether to transfer the functions of council A to another principal council (“council B”) or to a new principal council,

(b) for the purposes of giving effect to such a transfer, or

(2) The following are relevant bodies—

(a) any other principal council (including council B) whose area will be, or is likely to be, affected by any merger regulations or restructuring regulations made in respect of council A;

(b) any transition committee established by council A (see Schedule 11);

(c) if a new principal area containing all or part of council A's area is to be constituted, the shadow council for the new principal area.

(3) The Welsh Ministers may also direct council B to provide another relevant body or council A with any information or documents which the Welsh Ministers consider appropriate as mentioned in subsection (1)(a), (b) or (c).

CHAPTER 4 — REMUNERATION ARRANGEMENTS FOR NEW PRINCIPAL COUNCILS

Directions to Independent Remuneration Panel for Wales

142

(1) The Welsh Ministers may direct the Democracy and Boundary Commission Cymru that it must perform its payment and pension functions in relation to—

(a) the shadow council for a new principal area established under merger regulations or restructuring regulations, and

(b) the principal council for that area, for the financial year in which the transfer date falls.

(2) For the purposes of subsection (1), the Commission’s payment and pension functions are the functions under the following sections in Part 5A of the 2013 Act—

(a) section 69A (payments to members), and

(b) section 69B (members' pensions).

(3) Accordingly Part 5A of the 2013 Act applies in the case of a council to which a direction under subsection (1) relates; but in its application by virtue of this subsection Part 5A is subject to—

(a) subsection (4), and

(b) section 143.

(4) Where Part 5A of the 2013 Act applies by virtue of subsection (3)—

(a) the shadow council is a relevant authority for the purposes of that Part,

(b) the Panel may exercise its functions under Part 5A of the 2013 Act in relation to the principal council for the new principal area before the council has been established (including by way of imposing a requirement to which the council will be subject once it is established); accordingly, for those purposes that Part is to be read as if the council is, before it is established, a relevant authority,

(c) where the transfer date does not fall on 1 April, the references in section 69A to a financial year include a reference to part of the financial year in which the transfer date falls,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In exercising functions by virtue of this section in relation to a principal council for an area which has or had a designated shadow council, the Panel may, in relation to times before and after the council will consist of councillors elected at the first ordinary election—

(a) make different decisions under section 142(1) of the 2011 Measure;

(b) set different amounts under subsection (3) of that section;

(d) set different percentages or other rates or indices under subsection (6) of that section;

(e) make different decisions under section 143(2) and (3) of the 2011 Measure.

Reports of Panel relating to shadow councils and new principal councils

143

(1) This section applies where Part 5A of the 2013 Act applies in the case of a council by virtue of a direction under section 142.

(2) The first report under Part 5A of the 2013 Act that relates (wholly or partly) to the shadow council for the new principal area (“the first report”)—

(a) must be published no later than the date specified in the direction under section 142 for that purpose, and

(b) may be an annual report or a supplementary report, subject to the requirement imposed by virtue of paragraph (a) and the requirements under sections 69E(3) and 69I(1) and (2)(a) of the 2013 Act.

(3) Section 69I(2)(b) of the 2013 Act (time limit on publication) does not apply in relation to the first report if it is a supplementary report.

(4) Where any annual report or supplementary report relates (wholly or partly) to—

(a) the shadow council, or

(b) the principal council for the new principal area and that council will not be established at the time of publication of the report,

the Commission must take the step set out in subsection (5).

(5) The Commission must, before publishing the report under section 69E of the 2013 Act, send a draft of the report to the following (if the Commission is not already required to do so under section 69G(1)(a) of the 2013 Act)—

(a) the merging councils or restructuring councils whose areas are to be merged to create the new principal area;

(b) the shadow council (if established);

(6) A supplementary report may impose on the merging councils or restructuring councils whose areas are to be merged to create the new principal area, or on the shadow council—

(a) requirements of a kind specified in section 69J(1) of the 2013 Act;

(b) requirements of a kind specified in section 69K(1) of the 2013 Act.

(7) Where a supplementary report relates (wholly or partly) to the shadow council, section 69J(2) of the 2013 Act applies in relation to that report (to the extent that it requires a payment to be made to or by the shadow council) as it applies in relation to an annual report.

(8) The references in sections 69L, 69N and 69P of the 2013 Act to requirements imposed by an annual report include a reference to requirements imposed by a supplementary report by virtue of this section.

(9) An annual or supplementary report must specify in relation to the council for the new principal area (whether it is a shadow council or a principal council at the time of publication) the information mentioned in section 69E(4) of the 2013 Act.

(10) The matters required by virtue of this section and section 142 to be included in a report of the Commission in relation to the financial year in which the transfer date falls must be included in the annual report for that financial year.

(11) But, if the Commission considers it appropriate to do so, it may at any time before the transfer date publish a supplementary report in relation to so much of that first financial year as falls on or after that date.

Guidance to Panel

144

The Commission must have regard to any guidance issued by the Welsh Ministers about the exercise of its functions in accordance with sections 142 and 143.

Pay policy statements

145

(1) A transition committee must publish recommendations as to the pay policy statement to be prepared by the shadow council for the new principal area.

(2) The recommendations must be published no later than six weeks before—

(a) where the shadow council is an elected shadow council, the date on which elections to the shadow council are to take place, or

(b) where the shadow council is a designated shadow council, the date on which the shadow council is to be established.

(3) A shadow council must prepare and approve (and may amend) a pay policy statement in accordance with sections 38(2) to (5) and 39(1), (4) and (5) of the Localism Act 2011 (c. 20)—

(a) for the period beginning with the approval of the pay policy statement and ending immediately before the transfer date, and

(b) for the first financial year in which there will be a principal council for the new principal area.

(4) Accordingly, sections 38(2) to (5) and 39(1), (4) and (5), 41(1) and (2) and 42(1) and (2) of the Localism Act 2011 apply; and where those provisions apply by virtue of this subsection—

(a) the shadow council is, for the purposes of those provisions, a relevant authority within the meaning of Chapter 8 of Part 1 of that Act,

(b) the period mentioned in subsection (3)(a) is to be treated for the purposes of those provisions as a financial year, and

(c) section 39(5) of that Act is to be read as if for “on the authority's website” there were substituted “ on a website ”.

(5) No chief officer (within the meaning of section 43(2) of the Localism Act 2011) may be appointed or designated by the shadow council until the pay policy statement under subsection (3) has been prepared and approved.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section, “transition committee” means a transition committee established under Schedule 11—

(a) in relation to merger regulations, or

(b) in relation to restructuring regulations which make provision for there to be a shadow council.

CHAPTER 5 — SUPPLEMENTARY

Guidance

146

The following must have regard to any guidance issued by the Welsh Ministers for the purposes of this Part (and see section 123 in relation to guidance on merger applications)—

(a) a principal council (including a shadow council and a shadow executive);

(b) a transition committee (as to which, see Schedule 11);

(d) a public body—

(i) established by provision included in regulations under section 147(6)(a) or (b);

(ii) to which provision included in regulations under section 147(6)(a) or (b) relates.

Other consequential etc. provision

147

(1) Merger regulations and restructuring regulations may include supplementary, incidental, consequential, transitional, transitory or saving provision.

(2) The Welsh Ministers may by regulations make supplementary, incidental, consequential, transitional, transitory or saving provision in relation to particular merger regulations or particular restructuring regulations—

(a) for the purposes of or in consequence of those regulations, or

(b) for giving full effect to those regulations.

(3) The Welsh Ministers may by regulations of general application make supplementary, incidental, consequential, transitional, transitory or saving provision—

(a) for the purposes of or in consequence of merger regulations or restructuring regulations, or

(b) for giving full effect to merger regulations or restructuring regulations.

(4) Regulations under subsection (3) have effect subject to any provision included in merger regulations or restructuring regulations.

(5) In this section references to supplementary, incidental, consequential, transitional, transitory or saving provision include provision—

(a) for the transfer of property (real or personal), rights or liabilities (including criminal liabilities, and rights and liabilities in relation to a contract of employment) from one principal council to another principal council;

(b) with respect to the management or custody of property transferred to a principal council;

(c) for civil or criminal proceedings commenced by or against one principal council to be continued by or against another principal council;

(d) for the transfer of staff (subject to subsection (8)), and about other staffing matters (including remuneration, allowances, expenses, pensions or compensation for loss of office);

(e) for treating one principal council for some or all purposes as the same person in law as another principal council;

(f) with respect to charter trustees;

(g) in relation to preserved counties (within the meaning of section 270(1) of the 1972 Act).

(6) In this section references to supplementary, incidental, consequential, transitional, transitory or saving provision also include provision with respect to—

(a) the establishment or membership of public bodies in any area affected by merger regulations or restructuring regulations and the election or appointment of members of the public bodies, or

(b) the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of any area affected by merger regulations or restructuring regulations.

(7) Supplementary, incidental, consequential, transitional, transitory or saving provision in merger regulations, restructuring regulations or regulations under this section may take the form of provision—

(a) amending, modifying, applying (with or without modifications) or disapplying any enactment, or

(b) repealing or revoking any enactment (with or without savings).

(8) Merger regulations, restructuring regulations or regulations under this section containing provision for the transfer of staff must apply the provisions of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), apart from regulations 4(6) and 10, to transfers made under the regulations under this Part (whether or not the transfer is a relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006).

(9) “Enactment” in subsection (7) includes any charter, whenever granted.

(10) The Welsh Ministers may—

(a) by regulations amend or revoke regulations made under subsection (2) or (3) or regulations made under this paragraph;

(b) by regulations amend merger regulations, restructuring regulations or regulations made under this paragraph;

(c) by merger regulations or restructuring regulations amend or revoke merger regulations, restructuring regulations or regulations under this section,

and regulations made under this subsection may make supplementary, incidental, consequential, transitional, transitory or saving provision.

Initial procedure for restructuring regulations

148

(1) The Welsh Ministers may not lay a draft of a statutory instrument containing restructuring regulations before Senedd Cymru in accordance with section 174(4) unless—

(a) they have laid the required documents before Senedd Cymru, and

(b) at least 60 days have passed since the day on which the required documents were laid.

(2) In subsection (1), “the required documents” means—

(a) a proposed draft of the restructuring regulations, and

(b) a statement that—

(i) gives details of the consultation described in section 129(4), and

(ii) explains why the Welsh Ministers are satisfied as to the matter in section 129(5).

(3) In calculating whether 60 days have passed for the purposes of subsection (1)(b), no account is to be taken of any time during which Senedd Cymru is dissolved or is in recess for more than four days.

(4) If, having complied with subsection (1), the Welsh Ministers lay the draft statutory instrument containing the restructuring regulations before Senedd Cymru in accordance with section 174(4), the instrument must be accompanied by a statement giving details of—

(a) any representations they received after the proposed draft of the regulations was laid before Senedd Cymru, and

(b) any differences between the proposed draft of the regulations and the regulations in the draft statutory instrument.

(5) Nothing in this section applies in relation to regulations which are made only for the purpose of amending restructuring regulations.

Terms used in this Part

149

In this Part (including Schedule 1)—

“abolition request” (“cais i ddiddymu”) has the meaning given in section 130(1);

“council under consideration” (“cyngor sydd o dan ystyriaeth”) has the meaning given by section 129(4)(a);

“documents” (“dogfennau”) includes information recorded in any form (other than in section 148);

“form of executive” (“ffurf y weithrediaeth”) is to be interpreted in accordance with section 11 of the 2000 Act;

“merger application” (“cais i uno”) has the meaning given in section 121(1);

“merger regulations” (“rheoliadau uno”) has the meaning given in section 124(2);

“merging council” (“cyngor sy'n uno”) means a principal council that has made a merger application and whose area is to be merged into a new principal area;

“principal area” (“prif ardal”) means—a county in Wales;a county borough (in Wales);

“restructuring council” (“cyngor sy'n cael ei ailstrwythuro”) means a principal council that has been given notice as described in section 129(6) of the Welsh Ministers' proposals to make restructuring regulations in relation to it;

“restructuring regulations” (“rheoliadau ailstrwythuro”) has the meaning given in section 131;

“shadow council” (“cyngor cysgodol”) (including “elected shadow council” and “designated shadow council”) means a council established as a shadow council in accordance with provision included in—merger regulations under section 125;restructuring regulations under section 133;

“transfer date” (“dyddiad trosglwyddo”)—in relation to merger regulations, has the meaning given in section 124(1);in relation to restructuring regulations, has the meaning given in section 131.

Repeals of other enactments

150

(1) In the 2011 Measure—

(a) omit Chapter 2 of Part 9 (amalgamation);

(b) in section 172 (orders and regulations)—

(i) in subsection (2)(a) for “, Part 2, section 140, 165 or 166(2)” substitute “ or 140 or 165 or 166(2) or Part 2 ”;

(ii) in subsection (2)(a) omit “or 165 or 166(2)”;

(iii) in subsection (2)(b) for “, 158,” substitute “ or 158 or ”;

(iv) in subsection (2)(b) omit “or 162 or 170”;

(v) omit subsection (2)(c);

(vi) omit subsection (3).

(2) In the 2013 Act—

(a) in section 23 (review of principal area boundaries), in subsection (4)(e) omit sub-paragraphs (ii) and (iii);

(b) in section 44(1) (transitional agreements as to property and finance), omit “or by an order under section 162 of the 2011 Measure (power to make amalgamation order)”;

(d) in section 71 (orders and regulations), in subsection (2)(b) omit “or which abolishes a principal area”.

(3) In the Local Government (Wales) Act 2015 (anaw 6) omit—

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

(b) sections 2 to 39;

PART 8 — LOCAL GOVERNMENT FINANCE

Non-domestic rating

Powers of billing authorities to require the supply of information relating to hereditaments

151

(1) Schedule 9 to the Local Government Finance Act 1988 (c. 41) (administration in relation to non-domestic rating) is amended as follows.

(2) In paragraph 5—

(a) in sub-paragraph (1A), for “this paragraph” substitute “ sub-paragraph (1) ”;

(b) after sub-paragraph (1A) (information to be contained in notice given by valuation officer) insert—

(1B) A billing authority in Wales may serve a notice on a person to whom sub-paragraph (1D) applies, requesting the person to supply to the authority information— (a) which is specified in the notice, (b) which relates to a hereditament in the authority's area specified in the notice, and (c) which the authority reasonably believes will assist it in carrying out functions conferred or imposed on it by or under this Part. (1C) A notice under sub-paragraph (1B) must state that the billing authority believes the information will assist it in carrying out functions conferred or imposed on it by or under this Part. (1D) This sub-paragraph applies to— (a) a person who is an owner of the hereditament specified in the notice under sub-paragraph (1B); (b) a person who is an occupier of such a hereditament; (c) a person who, in relation to the hereditament specified in the notice under sub-paragraph (1B), is carrying on a business of a description specified in regulations made by the Welsh Ministers.

;

(d) after sub-paragraph (2) insert—

(2A) A person on whom a notice is served under sub-paragraph (1B) must supply the information requested in the form and manner specified in the notice.

;

(e) in sub-paragraph (4), for “this paragraph” substitute “ sub-paragraph (1) ”;

(f) after sub-paragraph (4) insert—

(5) If a notice has been served on a person under sub-paragraph (1B), and in supplying information in purported compliance with sub-paragraph (2A) the person makes a statement knowing it to be false in a material particular or recklessly makes a statement which is false in a material particular, the person is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) In paragraph 5A (penalty for failure to comply with request for information within the required period)—

(a) in sub-paragraph (1) after “paragraph 5(2)” insert “ or (2A) ”;

(b) in sub-paragraph (2)—

(i) after “valuation officer” insert “ or, as the case may be, billing authority concerned ”;

(ii) in paragraph (a), after “paragraph 5(2)” insert “ or (2A) ”;

(4) In paragraph 5B (power to mitigate or remit penalty), after “valuation officer” insert “ or, as the case may be, billing authority ”.

(5) In paragraph 5C(6)(a), after “paragraph 5(2)” insert “ or (2A) ”.

(6) In paragraph 5D(1) (recovery of penalty as civil debt), for the words from “be recovered” to the end substitute

— (a) in a case which relates to a request for information made by a valuation officer, be recovered by the valuation officer concerned as a civil debt due to the valuation officer; (b) in a case which relates to a request for information made by a billing authority in Wales, be recovered by the authority concerned as a civil debt due to the authority.

(7) In paragraph 5E (destination of penalty receipts)—

(a) the existing text becomes sub-paragraph (1);

(b) after that sub-paragraph insert—

(2) Any sums received by a billing authority in Wales by way of penalty under paragraph 5A above must be paid into the Welsh Consolidated Fund.

(8) In paragraph 5F (power of the Welsh Ministers to make regulations in relation to Wales in connection with notices issued by valuation officers), after sub-paragraph (2)(a) insert—

(aa) provision enabling a billing authority in Wales to request or obtain information for the purpose of identifying a person to whom paragraph 5(1D) above applies;

(9) In paragraph 5H (power of valuation officer to require information from billing authorities), after “is to be served” insert “ by the officer ”.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement to supply to billing authorities information relevant to determining liability to non-domestic rates

152

(1) The Local Government Finance Act 1988 (c. 41) is amended as follows.

(2) In Schedule 9 (administration in relation to non-domestic rating), after paragraph 6A insert—

(6AA) (1) The Welsh Ministers may by regulations require persons to provide to billing authorities in Wales information relevant to determining— (a) whether a person is, as regards a hereditament in Wales, subject to a non-domestic rate in respect of a chargeable financial year; (b) where a person is, as regards a hereditament in Wales, subject to a non-domestic rate, the amount the person is liable to pay. (2) Regulations under sub-paragraph (1) must specify— (a) the information to be provided, (b) the persons who must provide the information, (c) the circumstances in which the information is to be provided, and (d) the period within which the information is to be provided. (3) The regulations may provide that a billing authority may impose a financial penalty on a person who fails to comply with a requirement in the regulations to provide information. (4) If provision is made under sub-paragraph (3)— (a) the penalty specified in the regulations must be £500; (b) the regulations must require any sum received by a billing authority by way of penalty to be paid into the Welsh Consolidated Fund; (c) the regulations may include provision for any penalty to be recovered by the billing authority concerned as a civil debt due to the authority; (d) the regulations must include provision enabling a person on whom a financial penalty is imposed to require a review of the imposition of the penalty or its amount by the billing authority that imposed the penalty; (e) the regulations must include provision enabling a person on whom a financial penalty is imposed to appeal against the imposition of the penalty or its amount to a valuation tribunal established under paragraph 1 of Schedule 11. (5) The regulations may provide that a person who knowingly or recklessly provides information required under the regulations which is false in a material particular is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (6) The Welsh Ministers may by regulations substitute a different amount for the amount for the time being specified in sub-paragraph (4)(a).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In Part 2 of Schedule 11 (valuation tribunals: Wales), after paragraph 2(ca) insert—

(cb) regulations under paragraph 6AA of Schedule 9 above;

Powers of billing authorities to inspect properties

153

(1) Schedule 9 to the Local Government Finance Act 1988 (c. 41) (administration in relation to non-domestic rating) is amended as follows.

(2) After paragraph 7 (power of valuation officer to enter properties in Wales for the purposes of valuation), insert—

(7A) (1) A billing authority in Wales may enter and survey a hereditament in its area if the authority has grounds for believing that the inspection is required for the purpose of carrying out functions conferred or imposed upon it by or under this Part. (2) But the billing authority must obtain the approval of a valuation tribunal established under paragraph 1 of Schedule 11 before it exercises the power under sub-paragraph (1) above. (3) After the tribunal has given its approval, the billing authority must give at least 24 hours' notice in writing of the proposed exercise of the power. (4) A person who proposes to exercise the power under sub-paragraph (1) above must if required produce written evidence of authority to carry out the inspection. (5) A person who wilfully delays or obstructs a person in the exercise of a power under this paragraph is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(3) In the cross-heading preceding paragraph 6B (power of valuation officer to enter properties in England for the purposes of valuation), for “Power” substitute “ Powers ”.

(4) For the cross-heading preceding paragraph 8 (duty of valuation officers to give access to information relating to rating lists), substitute “ Access to information ”.

(5) In Part 2 of Schedule 11 (valuation tribunals: Wales), before paragraph 2(d) insert—

(cc) paragraph 7A of Schedule 9 above;

Multipliers

154

(1) The Local Government Finance Act 1988 (c. 41) is amended as follows.

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

(3) In section 143 (orders and regulations)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (9), for “The power to make an order” substitute “ The powers to make an order or regulations ”.

Amendment of Chapter 3 of Part 5 of the Local Government Finance Act 1988

155

(1) Chapter 3 of Part 5 of the Local Government Finance Act 1988 (c. 41) (revenue support grant: Wales) is amended as follows.

(2) In section 84J (calculation of grant payable to receiving authorities), in subsection (4) after “subsection (1) or” insert “ by virtue of subsection ”.

(3) In section 84K (payment of grant to receiving authorities)—

(a) in subsection (1), for “section 84J(2)” substitute “ section 84J(1) ”;

(b) in subsections (2) and (5), for “under section 84J(4)” substitute “ by virtue of section 84J(2) ”.

(4) In section 84M (recalculation of grant following amending report), in subsection (6) after “subsection (2) or” insert “ by virtue of subsection ”.

(5) In section 84N (payment of grant following amending report), in subsections (1) and (4) for “(4)” substitute “ by virtue of section 84M(4) ”.

(6) In section 84P (information deadlines), in subsection (1) for “under section 84J(2) or (4) or 84M(2) or (4)” substitute

— (a) under section 84J(1) or by virtue of section 84J(2), or (b) under section 84M(2) or by virtue of section 84M(4)

Council tax

Joint and several liability to pay council tax

156

In Schedule 1 to the Local Government Finance Act 1992 (c. 14) (persons disregarded for the purposes of discount), after paragraph 11 (persons of other descriptions) insert—

(12) (1) Regulations under paragraph 11 made by the Welsh Ministers may amend Chapter 1 of Part 1 (but not this Schedule) for the purpose of providing that a person who, under the regulations, is to be disregarded for the purposes of discount on a particular day is also not to be jointly or severally liable to pay council tax in respect of any chargeable dwelling and that day. (2) Regulations which make provision as described in sub-paragraph (1) may also make provision about how liability to pay the council tax in respect of a dwelling is to be determined.

Removal of power to provide for imprisonment of council tax debtors

157

(1) Schedule 4 to the Local Government Finance Act 1992 (c. 14) (enforcement) is amended as follows.

(2) In paragraph 8(1) (commitment to prison), after “provide” insert “ , in relation to the recovery of any sum which has become payable to a billing authority in England, ”.

(3) In paragraph 20 (interpretation), for “paragraph 6” substitute “ paragraphs 5(1A)(b)(ii), 6 and 8 ”.

Procedure for certain regulations and orders made under the Local Government Finance Act 1992

158

(1) The Local Government Finance Act 1992 (c. 14) is amended as follows.

(2) In section 32 (calculation of budget requirement by principal councils in Wales), after subsection (9) insert—

(9A) A statutory instrument containing regulations under subsection (9) is subject to annulment in pursuance of a resolution of Senedd Cymru.

(3) In section 33 (calculation of basic amount of council tax by principal councils in Wales), after subsection (5) insert—

(5A) A statutory instrument containing regulations under subsection (5) is subject to annulment in pursuance of a resolution of Senedd Cymru.

(4) In section 41 (issue of precepts by local precepting authorities in Wales), after subsection (3) insert—

(3A) A statutory instrument containing regulations under subsection (3) is subject to annulment in pursuance of a resolution of Senedd Cymru.

(5) In section 43 (calculation of budget requirement by major precepting authorities in Wales), after subsection (7) insert—

(7A) A statutory instrument containing regulations under subsection (7) is subject to annulment in pursuance of a resolution of Senedd Cymru.

(6) In section 44 (calculation of basic amount of council tax by major precepting authorities in Wales), after subsection (5) insert—

(5A) A statutory instrument containing regulations under subsection (5) is subject to annulment in pursuance of a resolution of Senedd Cymru.

(7) In section 113 (general provision about orders and regulations made under the Act), after subsection (4) insert—

(5) Paragraphs 33 and 34 of Schedule 11 to the Government of Wales Act 2006 make provision about the Senedd Cymru procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the Secretary of State or the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.

PART 9 — MISCELLANEOUS

159

(1) A member of the information sharing group may, for the purposes of exercising that member's specified functions in relation to a principal council or a corporate joint committee, request that another member of the information sharing group provide information or a document.

(2) A member of the information sharing group must provide information or a document requested under subsection (1), to the extent that—

(a) the information or document was obtained or created by that member in exercising the member's specified functions, and

(b) it is reasonably practicable for that member to provide the information or document.

(3) If the Auditor General for Wales or the Welsh Ministers, for the purpose of exercising a function specified in subsection (4), requests that another member of the information sharing group provide information or a document, and that member—

(a) is not required under subsection (2) or any other enactment to provide the information or document, and

(b) does not have a power under any enactment (other than this section) to provide the information or document,

the member may provide that information or document.

(4) The functions mentioned in subsection (3) are—

(a) functions of the Welsh Ministers under Part 5 (collaborative working by principal councils);

(b) functions of the Auditor General for Wales or the Welsh Ministers under Chapter 1 of Part 6 (performance and governance of principal councils);

(ba) functions of the Auditor General for Wales or the Welsh Ministers under Chapter 1A of Part 6 (performance of corporate joint committees);

(5) For the purposes of this section—

(a) a person is a member of the information sharing group if that person is mentioned in the first column of table 2;

(b) the specified functions of the members of the information sharing group are the functions mentioned in the second column.

Members of the information sharing group	Specified functions
Auditor General for Wales	Functions under sections 13 and 41 of the Public Audit (Wales) Act 2004 (c. 23) (audit of accounts and studies for improving economy in services)
Auditor General for Wales	Functions under section 15 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) (assessments relating to the sustainable development principle)
Auditor General for Wales	Functions under Chapter 1 of Part 6 of this Act (special inspections of performance of principal councils)
	Functions under Chapter 1A of Part 6 of this Act (special inspections of performance of corporate joint committees)
Her Majesty's Chief Inspector of Education and Training in Wales	Functions under section 38 of the Education Act 1997 (c. 44) (inspection of education functions etc. of principal councils)
The Welsh Ministers	Functions under section 149A and section 149B of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (reviews etc. of the exercise of social services functions of principal councils)
The Welsh Ministers	Functions under Part 5 (collaborative working by principal councils), Chapter 1 of Part 6 (performance of principal councils) , Chapter 1A of Part 6 (performance of corporate joint committees) or Chapter 2 of Part 7 (restructuring of principal areas) of this Act

(6) The Welsh Ministers may by regulations amend table 2 to—

(a) add an entry;

(b) amend an entry;

(7) Regulations under subsection (6) may amend, modify, repeal or revoke any enactment in consequence of, or for the purposes of giving full effect to, any amendment made to table 2 by regulations under subsection (6).

(8) Before making regulations under subsection (6) which amend table 2, the Welsh Ministers must consult—

(a) such persons representing principal councils as the Welsh Ministers consider appropriate;

(b) the Auditor General for Wales;

(d) the person to whom an entry to be omitted relates.

(9) In this section ”document“ includes information recorded in any form.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Public Audit (Wales) Act 2004 consequential on section 159

160

In section 54 of the Public Audit (Wales) Act 2004 (c. 23) (restriction on disclosure of information)—

(a) in subsection (1), after paragraph (a) (and before the “or” which follows it) insert—

(aa) pursuant to section 159 of the Local Government and Elections (Wales) Act 2021,

;

(b) in subsection (2), after paragraph (b) insert—

(ba) section 159 of the Local Government and Elections (Wales) Act 2021; (bb) for the purposes of any functions of the Auditor General for Wales which are specified functions within the meaning of section 159 of the Local Government and Elections (Wales) Act 2021 (and are not mentioned elsewhere in this subsection);

Head of democratic services

161

(1) In section 8 of the 2011 Measure, after subsection (1) insert—

(1A) A local authority must have regard to any guidance issued by the Welsh Ministers about the local authority's function under subsection (1)(b).

(2) In subsection (4) of that section—

(a) omit paragraph (b);

(b) in paragraph (c), for “that section” substitute “ section 5 of the Local Government and Housing Act 1989 ”.

(3) In section 43(2) of the Localism Act 2011 (c. 20) (meaning of “chief officer” for the purposes of pay policy statements), at the end of paragraph (e) insert

; (f) its head of democratic services designated under section 8(1) of the Local Government (Wales) Measure 2011 (designation by council of a county or county borough in Wales).

Polls consequent on community meetings

Abolition of polls consequent on a community meeting

162

Schedule 13 makes provision abolishing polls consequent on community meetings under the 1972 Act.

Local Democracy and Boundary Commission

Appointment by Local Democracy and Boundary Commission of its chief executive

163

(1) Section 8 of the 2013 Act (chief executive) is amended as follows.

(2) In subsection (2)—

(a) for “Welsh Ministers” substitute “ Commission ”;

(b) for “they” substitute “ it ”.

(3) After subsection (2) insert—

(2A) But if the office of chief executive has been vacant for more than six months, the Welsh Ministers may appoint a chief executive on such terms and conditions as they may determine (including conditions as to remuneration, pension, allowances and expenses).

(4) In subsection (3) after “chief executive” insert “ under subsection (2A), ”.

(5) After subsection (3) insert—

(4) The chief executive may not be— (a) a member of Parliament; (b) a Member of the Senedd; (c) a member of a local authority; (d) an officer of a local authority; (e) a member of a National Park authority for a National Park in Wales; (f) a police and crime commissioner for a police area in Wales. (5) The Commission must, in exercising its functions under this section, have regard to any guidance issued by the Welsh Ministers.

(6) In sections 4(3)(c) and (d) (membership) and 11(2)(c) and (d) (assistant commissioners) of the 2013 Act, omit “in Wales”.

Directions under section 48 of the 2013 Act

164

(1) Section 48 of the 2013 Act (directions and guidance relating to reviews under Part 3 of that Act) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a) for “(including, where the Commission has made recommendations or proposals to them, further reviews)” substitute “ (regardless of whether in the circumstances the Commission would have the power, or would be subject to a duty, to conduct the review) ”;

(b) after paragraph (a) insert—

(aa) where the Commission has made recommendations or proposals to the Welsh Ministers, to conduct a further review under this Part, (ab) to stop conducting a review under this Part,

;

(3) In subsection (5)—

(a) omit “to” in the first place it occurs;

(b) in paragraph (a), at the beginning insert “ to ”;

(aa) to stop conducting a review under section 25 or 31, (ab) not to conduct a review under section 25 or 31 during a period specified in the direction,

;

(d) in paragraph (b), at the beginning insert “ to ”.

Public services boards

Merging and demerging public services boards under the Well-being of Future Generations (Wales) Act 2015

165

(1) In Part 4 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2), section 47 (merger of public services boards) is amended as follows.

(2) Omit subsection (3) (requirement that the same Local Health Board is a member of each merging public services board).

(3) After subsection (4) insert—

(5) A merged board must, as soon as reasonably practicable after it is established, review— (a) the local well-being plans in effect for its area immediately before it was established, and (b) the local objectives set out in those plans. (6) As soon as reasonably practicable after a review under subsection (5), the board must prepare and publish a local well-being plan for its area which may adopt the plans and objectives mentioned in subsection (5)(a) and (b)— (a) to the extent the board considers appropriate, and (b) subject to such amendments and revisions as the board considers appropriate. (7) A merged board may, if it considers that it would assist in contributing to the achievement of the well-being goals— (a) demerge, or (b) partially demerge (if three or more separate boards merged in the creation of the merged board). (8) The Welsh Ministers may, if they consider that it would assist in contributing to the achievement of the well-being goals, direct a merged board to— (a) demerge, or (b) partially demerge (if three or more separate boards merged in the creation of the merged board). (9) For the purposes of subsections (7) and (8), a merged board— (a) demerges if it ceases to exist and a separate public services board is established for the area of each local authority that was a member of the merged board; (b) partially demerges if— (i) it continues to exist as the public services board for the areas of two or more local authorities, and (ii) a separate public services board is established for the area of each local authority that has ceased to be a member of the merged board. (10) A public services board established after a demerger or partial demerger must, as soon as reasonably practicable after it is established, review— (a) the local well-being plan in effect for its area immediately before it was established, and (b) the local objectives set out in that plan. (11) As soon as reasonably practicable after a review under subsection (10), the board must prepare and publish a local well-being plan for its area which may adopt the plan and objectives mentioned in subsection (10)(a) and (b)— (a) to the extent the board considers appropriate, and (b) subject to such amendments and revisions as the board considers appropriate. (12) Before publishing a plan under subsection (6) or (11), a board must consult— (a) the Commissioner; (b) the Welsh Ministers; (c) such other persons as the board considers appropriate. (13) A board must send a copy of a local well-being plan published under subsection (6) or (11) to the persons mentioned in section 44(6).

(4) Schedule 14 makes amendments to Acts and Measures in consequence of subsection (3).

Fire and rescue authorities

Combined fire and rescue authorities: inquiries

166

(1) The Fire and Rescue Services Act 2004 (c. 21) is amended as follows.

(2) In section 2 (power to create combined fire and rescue authorities)—

(a) in subsection (8)—

(i) omit “must cause an inquiry to be held”;

(ii) in paragraph (a), at the beginning insert “ must cause an inquiry to be held ”;

(iii) at the end of paragraph (a), omit “or”;

(iv) for paragraph (b) substitute—

(b) where a scheme constituted a fire and rescue authority for an area in England, must cause an inquiry to be held before varying or revoking the scheme under this section, or

;

(v) after that paragraph insert—

(c) where a scheme constituted a fire and rescue authority for an area in Wales, must cause an inquiry to be held before— (i) varying the scheme in a way which changes the combined area (and may cause an inquiry to be held before varying the scheme in any other way), or (ii) revoking the scheme.

;

(b) in subsection (9)—

(i) in paragraph (b), after “(8)(b)” insert “ or (c) ”;

(ii) in paragraph (c), for “either” substitute “ any ”;

(iii) in that paragraph, after ”2007” insert “ or Part 3 of the Local Government (Democracy) (Wales) Act 2013, or to regulations under Part 7 of the Local Government and Elections (Wales) Act 2021 ”;

(iv) in paragraph (d), for “either” substitute “ any ”;

(c) in subsection (10), after “2007” insert “ or Part 3 of the Local Government (Democracy) (Wales) Act 2013, or regulations are made under Part 7 of the Local Government and Elections (Wales) Act 2021, ”.

(3) In section 4 (combined authorities under the Fire Services Act 1947 (c. 41))—

(a) in subsection (6), for “must cause an inquiry to be held” substitute

— (a) where the scheme constituted a fire and rescue authority for an area in England, must cause an inquiry to be held, and (b) where the scheme constituted a fire and rescue authority for an area in Wales, must cause an inquiry to be held if under the order— (i) the scheme would be varied in a way which changes the combined area (and may cause an inquiry to be held if the scheme would be varied in any other way), or (ii) the scheme would be revoked.

;

(b) in paragraph (b) of subsection (7), after ”2007” insert “ or Part 3 of the Local Government (Democracy) (Wales) Act 2013, or to regulations under Part 7 of the Local Government and Elections (Wales) Act 2021 ”.

(4) In section 34(3) of the 2013 Act (pre-review procedure: mandatory consultees), after paragraph (b) insert—

(ba) any fire and rescue authority (constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies) for an area in Wales which may be affected by the review,

Performance and governance of fire and rescue authorities

167

(1) The Fire and Rescue Services Act 2004 (c. 21) is amended as follows.

(2) After section 21 (fire and rescue national framework) insert—

(21A) (1) The Welsh Ministers may by regulations— (a) require a fire and rescue authority for an area in Wales to make a plan in relation to the exercise of the authority's functions; (b) impose requirements relating to such a plan. (2) The requirements which may be imposed under subsection (1)(b) include requirements about— (a) a plan's content; (b) its preparation and revision; (c) when it is to be made; (d) the period to which it is to relate; (e) its publication. (3) Requirements about a plan's content include requirements to— (a) set out an authority's priorities and objectives; (b) describe and explain the extent to which the plan reflects the Framework prepared by the Welsh Ministers under section 21; (c) set out actions the authority intends to take in relation to its priorities and objectives; (d) set out how the authority intends to assess its performance. (4) The Welsh Ministers may by regulations make provision (including imposing requirements on an authority) for the purposes of assessing or reporting on the performance of an authority. (5) Before making regulations under subsection (1) or (4) the Welsh Ministers— (a) must consult fire and rescue authorities for areas in Wales or persons who the Welsh Ministers consider represent those authorities; (b) must consult persons who the Welsh Ministers consider represent employees of fire and rescue authorities for areas in Wales; (c) may consult any other persons the Welsh Ministers consider appropriate.

(3) In section 60(6) (procedure for orders and regulations), after paragraph (c) and before the “or” which follows it insert—

(ca) regulations made by the Welsh Ministers under section 21A(1) or (4),

Fire and rescue authorities: disapplication of the 2009 Measure

168

(1) In the 2009 Measure omit—

(a) section 1(c) (meaning of “Welsh improvement authority”);

(b) section 4(3)(c) and (4)(b) (aspects of improvement);

(d) section 11(1)(d) (meaning of “powers of collaboration”);

(e) section 16(2)(c) (meaning of “relevant regulators” and “relevant functions”);

(f) in section 35 (interpretation of Part 1), the definition of “Welsh fire and rescue authority”;

(g) in Schedule 1 (minor and consequential amendments: Part 1)—

(i) paragraph 27;

(ii) paragraphs 32 and 33, and the heading which precedes them.

(2) In section 93 of the Local Government Act 2003 (c. 26) (power to charge for discretionary services), in subsection (9)—

(a) for paragraph (aa) substitute—

(aa) a county council or county borough council in Wales;

;

(b) after paragraph (ab) insert—

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

(3) In section 24 of the Fire and Rescue Services Act 2004 (c. 21) (best value), for subsections (3) to (5) substitute—

(3) This section does not apply to a fire and rescue authority in Wales.

National Park authorities

National Park authorities: disapplication of the 2009 Measure

169

In the 2009 Measure omit—

(a) section 1(b) (meaning of “Welsh improvement authority”);

(b) section 4(3)(b) and (4)(c) (aspects of improvement);

Local Government (Wales) Measure 2009

Repeal of the 2009 Measure

170

(1) The 2009 Measure is repealed.

(2) In consequence of subsection (1), omit the following provisions—

(a) in the 2011 Measure, section 161;

(b) in the Public Audit (Wales) Act 2013 (anaw 3)—

(i) section 11(2);

(ii) in Schedule 4, paragraphs 83 to 88 (and the cross-heading which precedes them);

(c) in the Well-being of Future Generations (Wales) Act 2015 (anaw 2), in Schedule 4, paragraphs 20 to 23 (and the cross-heading which precedes them);

(d) in the Localism Act 2011 (c. 20), in the table in Part 1 of Schedule 25, the entry for the 2009 Measure;

(e) in the Deregulation Act 2015 (c. 20), section 100(2)(h);

(f) in this Act—

(i) sections 113, 168(1) and 169;

(ii) in Schedule 3, paragraph 4.

PART 10 — GENERAL

Interpretation

171

(1) In this Act—

“1972 Act” (“Deddf 1972”) means the Local Government Act 1972 (c. 70);

“1983 Act” (“Deddf 1983”) means the Representation of the People Act 1983 (c. 2);

“2000 Act” (“Deddf 2000”) means the Local Government Act 2000 (c. 22);

“2009 Measure” (“Mesur 2009”) means the Local Government (Wales) Measure 2009 (nawm 2);

“2011 Measure” (“Mesur 2011”) means the Local Government (Wales) Measure 2011 (nawm 4);

“2013 Act” (“Deddf 2013”) means the Democracy and Boundary Commission Cymru etc. Act 2013 (anaw 4);

“corporate joint committee” (“cyd-bwyllgor corfforedig”) has the same meaning as in section 68 of this Act;

“elected mayor” (“maer etholedig”) has the same meaning as in section 39(1) of the 2000 Act;

“enactment” (“deddfiad”) means an enactment whenever enacted or made (including this Act);

“executive” (“gweithrediaeth”) is to be interpreted in accordance with section 11 of the 2000 Act;

“executive arrangements” (“trefniadau gweithrediaeth”) has the same meaning as in section 10 of the 2000 Act;

“executive leader” (“arweinydd gweithrediaeth”) has the same meaning as in section 11(3)(a) of the 2000 Act;

“fire and rescue authority” (“awdurdod tân ac achub”) means a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies;

“leader and cabinet executive” (“gweithrediaeth arweinydd a chabinet”) means a leader and cabinet executive (Wales) within the meaning of section 11(3) of the 2000 Act;

“local government election” (“etholiad llywodraeth leol”) means the election of councillors for any electoral ward or community ward in Wales or, in the case of a community in Wales in which there are no wards, the community, for which the election of councillors is held under the 1972 Act;

“local people” (“pobl leol”), in relation to a principal council, means people who live, work or study in the council's area;

“mayor and cabinet executive” (“gweithrediaeth maer a chabinet”) has the same meaning as in section 11(2) of the 2000 Act;

“member” (“aelod”)—in relation to a principal council, means a councillor of the council (which includes a councillor elected as chair or presiding member, or appointed as vice-chair or deputy presiding member), andin relation to a principal council which is operating a mayor and cabinet executive, includes the elected mayor of the council;

“primary legislation”(“deddfwriaeth sylfaenol”) means—a Measure passed under Part 3 of the Government of Wales Act 2006 (c. 32);an Act passed under Part 4 of that Act;an Act of Parliament;

“principal council” (“prif gyngor”) means—the council for a county in Wales;the council for a county borough (in Wales).

(2) Where this Act imposes a duty to publish a notice or other document, the notice or other document must be published—

(a) electronically, and

(b) in such other manner as the person subject to the duty considers appropriate,

and the duty to publish the notice or other document electronically is, where the person has its own website, a duty to publish on that website.

Directions

172

A direction given under this Act—

(a) must be in writing;

(b) must be complied with.

Power to make consequential and transitional provision etc.

173

(1) If the Welsh Ministers consider it necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act, they may by regulations make—

(a) supplementary, incidental or consequential provision;

(b) transitional, transitory or saving provision.

(2) Regulations under subsection (1) may amend, modify, repeal or revoke any enactment.

Regulations under this Act

174

(1) A power to make regulations under this Act is exercisable by statutory instrument.

(2) A power to make regulations under this Act includes power to make different provision for different purposes or areas.

(3) A power to make regulations under this Act includes a power to make supplementary, incidental, consequential, transitional, transitory or saving provision; but this subsection does not apply to the powers under—

(a) section 72, 74, 80 or 83 (corporate joint committees; as to which see section 83);

(b) section 124, 131 or 147 (mergers and restructuring; as to which see section 147).

(4) A statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru

(5) Subsection (4) applies to a statutory instrument containing regulations under any of the following provisions—

(a) section 28(1) or (2), where the regulations amend, modify, repeal or disapply primary legislation, unless the regulations are made only for a purpose described in subsection (8) of that section;

(b) section 28(3) or (4), unless the regulations are made only for a purpose described in subsection (8) of that section;

(d) section 46 (electronic broadcast of meetings);

(e) section 47(8) (attendance at local authority meetings);

(f) section 50 (regulations about conduct of local authority meetings, notices relating to such meetings, etc.);

(g) section 60(1) (job-sharing: non-executive offices in principal councils);

(h) section 72 (establishing requested corporate joint committees);

(i) section 74 (establishing corporate joint committees other than on request);

(j) section 80 (amendment etc. of joint committee regulations);

(k) section 83 (corporate joint committees: supplementary etc.);

(l) section 84(2)(amendment of enactments for purposes etc. of Part 5);

(m) section 94 (panel performance assessments: supplementary regulations);

(ma) section 94 as applied to corporate joint committees by section 115A and Schedule 10A;

(n) section 107(3) (disapplication etc. of enactments in relation to principal council functions exercisable by the Welsh Ministers etc.);

(na) section 107(3) as applied to corporate joint committees by section 115A and Schedule 10A;

(o) section 110(1) or (2) (amendment etc. of enactments and conferral of new powers in relation to performance and governance of principal councils);

(oa) section 110(1) or (2) as applied to corporate joint committees by section 115A and Schedule 10A;

(p) section 124 (merger regulations);

(q) section 131 (restructuring regulations; but see section 148 for further provision about the procedure relating to a statutory instrument containing restructuring regulations);

(r) section 147 (further provision relating to merger regulations and restructuring regulations);

(s) section 159(6) (amendment of table 2 to change membership of information sharing group and their specified functions);

(t) section 173 (consequential etc. provision), where the regulations amend, modify or repeal primary legislation (including this Act).

(6) A statutory instrument containing regulations under this Act and to which subsection (4) does not apply is subject to annulment in pursuance of a resolution of Senedd Cymru; but this subsection does not apply to a statutory instrument containing only regulations under paragraph 9, 10 or 11 of Schedule 1 (initial reviews).

(7) In subsection (5), “primary legislation” includes a provision of primary legislation.

Coming into force

175

(1) The following provisions come into force on the day after the day on which this Act receives Royal Assent—

(a) section 50;

(b) section 51;

(d) section 61;

(e) Part 5;

(f) Part 7 (including Schedule 1), subject to subsection (2);

(g) section 159, other than—

(i) subsection (4)(b) and (c);

(ii) in table 2 in subsection (5), the entry relating to the Auditor General for Wales' functions under Chapter 1 of Part 6;

(iii) in that table, in the entry relating to the Welsh Ministers' functions under this Act, the words from “, Chapter 1” to “areas)”;

(h) section 160;

(i) section 166(2)(b)(iii) and (c) and (3)(b);

(j) this Part;

(k) paragraph 2(2) of Schedule 2;

(l) paragraph 16(3) of Schedule 2.

(2) Subsection (1)(f) does not apply to the following provisions in Part 7 (which come into force in accordance with subsection (6) or (7) of this section)—

(a) Chapter 2;

(b) each occurrence in the Part, other than in section 147(3), of the following terms—

(i) “or restructuring regulations”, “and restructuring regulations”, “or particular restructuring regulations” and “, restructuring regulations”;

(ii) “or restructuring councils”, “or restructuring council”, “or the restructuring councils” and “and restructuring councils”;

(i) subsection (1)(b);

(ii) subsection (3);

(d) in section 139—

(i) subsection (2);

(ii) in subsection (3), the words “or (2)”;

(e) in section 140—

(i) in subsection (1)(a), the words “to another principal council (“council B”) or”;

(ii) subsection (2);

(f) in section 141—

(i) in subsection (1)(a), the words “to another principal council (“council B”) or”;

(ii) in subsection (2)(a), the words “(including council B)”;

(iii) in subsection (2)(c), the words “if a new principal area containing all or part of council A's area is to be constituted,”;

(iv) subsection (3);

(g) section 145(7)(b);

(h) section 148;

(i) in section 149—

(i) the definitions of “abolition request”, “council under consideration” and “restructuring council”;

(ii) in each of the definitions of “shadow council” and “transfer date”, paragraph (b);

(j) section 150(1)(a) and (b)(ii), (iv) and (v) and (2)(b) and (c);

(k) in Schedule 1—

(i) each reference to “11 or”;

(ii) in paragraph 1(3), the words “11(3) or”;

(iii) paragraphs 2(2), 6(2)(a) and 12(1)(a), (2) and (4)(a);

(iv) paragraph 2(4) and (5);

(l) in Schedule 11—

(i) Part 2;

(ii) in paragraph 7(3)(a), the words “or by virtue of paragraph 4”;

(iii) paragraph 7(3)(c);

(m) in Schedule 12—

(i) in paragraph 1(1), the words “or after giving notice as described in section 129(6)”;

(ii) in paragraph 7(6), in the definition of “the relevant date”, paragraph (b).

(3) The following provisions come into force at the end of the period of two months beginning with the day on which this Act receives Royal Assent—

(a) section 1;

(b) section 2(1) and (3) (subject to section 3);

(d) sections 13 to 17;

(e) section 22 (subject to section 3);

(f) section 23 and Schedule 2—

(i) other than paragraphs 1(3) to (5), 1(7), 1(9), 2(2), 2(9) and (10), 2(18)(b), 5, 13, 16(2) and 16(3), and

(ii) subject to section 3 in respect of paragraphs 2(12), 8(3)(b), 15 and 19;

(g) section 38;

(h) section 53;

(i) section 55;

(j) section 60;

(k) section 94;

(l) section 152;

(m) section 154;

(n) section 155;

(o) section 156;

(p) section 158;

(q) section 165 and Schedule 14;

(r) section 166, other than subsections (2)(b)(iii) and (c) and (3)(b) (as to which see subsection (1) of this section);

(s) section 167;

(t) section 168(1)(g)(i) and (2).

(4) The following provisions come into force on 1 April 2021—

(a) section 151;

(b) section 153;

(5) Section 2(2) comes into force on 5 May 2022.

(6) The following provisions come into force on 6 May 2022—

(a) sections 5 to 12;

(b) the provisions in Schedule 1 mentioned in subsection (2)(k)(i) to (iii) of this section;

(7) The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

(8) An order under subsection (7)—

(a) may make transitional, transitory or saving provision;

(b) may appoint different days for different purposes or areas.

Short title

176

The short title of this Act is the Local Government and Elections (Wales) Act 2021.

SCHEDULE 1

Initial reviews

1

(1) For the purposes of this Act, an “initial review” is a review conducted by the Democracy and Boundary Commission Cymru (“the Commission”) for the purpose of recommending electoral arrangements for the area under review.

(2) In an initial review the Commission may also recommend relevant consequential changes.

(3) This paragraph is subject to anything specified, under section 11(3) or 138(3), in the direction requiring the Commission to conduct an initial review.

“Area under review”

2

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Local Government and Elections (Wales) Act 2021

CHAPTER 2 — RESTRUCTURING OF PRINCIPAL AREAS

Conditions to be met

Conditions to be met before making restructuring regulations

129

Abolition requests

Abolition requests

130

Restructuring regulations

Restructuring regulations

131

Restructuring regulations which provide for part of a principal area to become part of another existing principal area

132

Restructuring regulations which constitute a new principal area

133

Restructuring regulations: supplementary

134

Facilitating restructuring

Duties of restructuring councils to facilitate transfer

135

CHAPTER 3 — FUNCTIONS RELATING TO MERGERS AND RESTRUCTURING

Transition committees

136

Restraint of transactions and recruitment

137

Reviews of electoral arrangements

138

Prohibition of changes to executive arrangements

139

Requirement on principal councils to provide information etc. to the Welsh Ministers

140

Requirement on principal councils to provide information etc. to other bodies

141

CHAPTER 4 — REMUNERATION ARRANGEMENTS FOR NEW PRINCIPAL COUNCILS

Directions to Independent Remuneration Panel for Wales

142

Reports of Panel relating to shadow councils and new principal councils

143

Guidance to Panel

144

Pay policy statements

145

CHAPTER 5 — SUPPLEMENTARY

Guidance

146

Other consequential etc. provision

147

Initial procedure for restructuring regulations

148

Terms used in this Part

149

Repeals of other enactments

150

PART 8 — LOCAL GOVERNMENT FINANCE

Non-domestic rating

Powers of billing authorities to require the supply of information relating to hereditaments

151

Requirement to supply to billing authorities information relevant to determining liability to non-domestic rates

152

Powers of billing authorities to inspect properties

153

Multipliers

154

Amendment of Chapter 3 of Part 5 of the Local Government Finance Act 1988

155

Council tax

Joint and several liability to pay council tax

156

Removal of power to provide for imprisonment of council tax debtors

157

Procedure for certain regulations and orders made under the Local Government Finance Act 1992

158

PART 9 — MISCELLANEOUS

Information sharing

Information sharing between regulators, the Auditor General for Wales and the Welsh Ministers

159

Amendment of the Public Audit (Wales) Act 2004 consequential on section 159

160

Head of democratic services

Head of democratic services