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

(1) In this Schedule, “area under review” is to be interpreted in accordance with this paragraph.

(2) Where the Commission is directed under section 11 to conduct an initial review, the area under review is the area of the principal council that has exercised its power under section 8 to change the voting system that applies to the election of its councillors.

(3) Where, after the Welsh Ministers receive a merger application, the Commission is directed under section 138 to conduct an initial review, the area under review is the new principal area that is to be, or is, constituted by merger regulations.

(4) Where—

(a) after the Welsh Ministers have given notice of their proposals as described in section 129(6), the Commission is directed under section 138 to conduct an initial review, and

(b) the transfer of part of the principal area to be abolished to another principal area is proposed, or provided for in restructuring regulations,

the area under review is the area specified in the direction under section 138.

(5) Where—

(a) after the Welsh Ministers have given notice of their proposals as described in section 129(6), the Commission is directed under section 138 to conduct an initial review, and

(b) the constitution of a new principal area is proposed, or provided for in restructuring regulations,

the area under review is the new principal area that is to be constituted by restructuring regulations.

Other terms used in this Schedule

3

(1) In this Schedule—

“electoral arrangements” (“trefniadau etholiadol”) means—in relation to an area under review—the number of councillors of the principal council for the area;the number, type and boundaries of the electoral wards into which the area is divided for the purpose of the election of councillors of the principal council;the number of councillors to be elected for each electoral ward;the name of each electoral ward;in relation to a community in an area under review—the number of councillors of a council for the community;its division into community wards for the purpose of the election of councillors of a council for the community;the number, type and boundaries of any community wards;the number of councillors to be elected for any community ward;the name of any community ward;

“relevant consequential changes” (“newidiadau canlyniadol perthnasol”), in relation to an area under review, means—changes in the boundaries of communities in the area;changes to the name of a community, or the council for a community, for which a boundary change is recommended;changes to the electoral arrangements for a community in the area.

(2) In sub-paragraph (1), in the definition of “electoral arrangements” the references to the type of ward are to whether the ward is a single member ward or a multiple member ward; and for this purpose—

“multiple member ward” (“ward amlaelod”) means a ward in respect of which a specified number (greater than one) of councillors are to be elected for the ward;

“single member ward” (“ward un aelod”) means a ward in respect of which only one councillor is to be elected.

(3) Section 149 makes provision about the meanings of terms used in this Schedule.

Directions and guidance to Commission

4

(1) A direction under section 11 or 138 must specify the date by which the Commission must submit its final report to the Welsh Ministers under paragraph 8(3)(a).

(2) A direction under section 11 or 138 may require the Commission to have regard to particular matters specified in the direction when conducting the initial review.

(3) The Welsh Ministers may give general directions about the conduct of initial reviews, including—

(a) directions as to the order in which different initial reviews required by directions under section 11 or 138 are to be conducted and as to whether different reviews are to be conducted at the same time, and

(b) directions specifying matters to which the Commission must have regard in conducting initial reviews.

(4) Before giving a direction under sub-paragraph (3), the Welsh Ministers must consult—

(a) the Commission, and

(b) such other persons as the Welsh Ministers consider appropriate.

(5) The Welsh Ministers may direct the Commission to stop conducting an initial review, and to take no further steps in relation to the review.

(6) The Welsh Ministers may, after the publication by the Commission of an interim report under paragraph 7(2) in relation to an area under review, direct the Commission under section 11 or 138 to conduct another initial review in relation to the same area.

(7) The Commission must have regard to any guidance issued by the Welsh Ministers about the conduct of initial reviews.

Conduct of initial review

5

(1) The Commission, in considering the electoral arrangements for an area under review, must—

(a) seek to ensure that the ratio of local government electors to the number of councillors of the principal council to be elected for the area under review is, as nearly as may be, the same in every electoral ward of the area of the council, and

(b) have regard to—

(i) the desirability of setting boundaries for electoral wards which are and will remain easily identifiable, and

(ii) the desirability of not breaking local ties when setting boundaries for electoral wards.

(2) For the purposes of sub-paragraph (1)(a) account is to be taken of—

(a) any discrepancy between the number of local government electors and the number of persons who are eligible to be local government electors (as indicated by relevant official statistics), and

(b) any change in the number or distribution of local government electors in the area under review which is likely to take place in the period of five years beginning immediately after recommendations are made.

(3) The Welsh Ministers may, for the purposes of an initial review, direct a principal council for an area under review or a council for a community in an area under review to provide the Commission with any information or documents which the Welsh Ministers consider appropriate.

(4) In this paragraph and paragraph 6—

“local government elector” (“etholwr llywodraeth leol”) means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts;

“relevant official statistics” (“ystadegau swyddogol perthnasol”) means the official statistics within the meaning of section 6 of the Statistics and Registration Service Act 2007 (c. 18) which the Commission considers appropriate.

Pre-review procedure

6

(1) Before conducting an initial review, the Commission must take the steps it considers appropriate—

(a) to make the mandatory consultees, and any other persons it considers likely to be interested in the review, aware of the direction to conduct the review and any other directions given by the Welsh Ministers which are relevant to the review, and

(b) to consult the mandatory consultees on its intended procedure and methodology for the initial review and, in particular, on how it proposes to determine the appropriate number of councillors of the principal council for the area under review.

(2) In this Schedule, “the mandatory consultees” means—

(a) in the case of an initial review conducted in accordance with a direction under section 11, the principal council of the area under review;

(b) in the case of an initial review conducted in accordance with a direction under section 138, the merging councils or the restructuring councils;

(d) such other persons as are specified by the Welsh Ministers in a direction to conduct an initial review.

Investigation and interim report

7

(1) In conducting an initial review, the Commission must carry out the investigations it considers appropriate.

(2) After carrying out the investigations under sub-paragraph (1), the Commission must make an interim report containing—

(a) its proposals for the electoral arrangements for the area under review and any proposals for relevant consequential changes, and

(b) details of the review it conducted.

(3) The Commission must—

(a) send the report to the Welsh Ministers and the mandatory consultees,

(b) publish the report,

(d) invite representations on the report, and

(e) notify the Welsh Ministers, the mandatory consultees and any other person it considers appropriate of the period for representations.

(4) Where a principal council is sent a report under sub-paragraph (3)(a), it must—

(a) publish the report,

(b) make the report available for inspection (without charge) at its offices during the period for representations, and

(i) the report,

(ii) how to access the report, and

(iii) the period for representations.

(5) For the purposes of sub-paragraphs (3) and (4), “the period for representations” is a period of not less than six, nor more than 12, weeks (as determined by the Commission) beginning no earlier than one week after notice of the period is given under sub-paragraph (3)(e).

Final report

8

(1) After the period for representations under paragraph 7(3) has ended, the Commission must consider its proposals having regard to any representations received by it during the period.

(2) The Commission must then make a final report containing—

(a) its recommendations for the electoral arrangements for the area under review and any recommendations for relevant consequential changes,

(b) details of the review it conducted, and

(c) details of any changes to the proposals in the interim report made in the light of the representations received, and an explanation of why those changes have been made.

(3) The Commission must—

(a) submit the final report to the Welsh Ministers,

(b) send a copy of the report to the other mandatory consultees and such other persons as it considers appropriate,

(d) inform any other person who submitted evidence or made representations in relation to the interim report published under paragraph 7, and such other persons as it considers appropriate, of how to access the report.

(4) Where a principal council is sent a final report under sub-paragraph (3)(b), it must—

(a) publish the final report,

(b) make the report available for inspection (without charge) at its offices for at least six weeks after the date on which it received the report, and

(c) take the steps it considers necessary to make the local government electors in its area aware of the report, and how to access the report.

(5) Section 29(8) of the 2013 Act (no recommendations to be made or published in nine months before ordinary election) does not apply in the case of a recommendation contained in a final report under sub-paragraph (2).

Power to make regulations where recommendations are made

9

(1) After receiving a final report under paragraph 8 containing recommendations from the Commission in relation to an initial review, the Welsh Ministers may by regulations—

(a) implement any recommendation contained in the report, with or without modifications;

(b) make other provision they consider appropriate for the electoral arrangements and for relevant consequential changes for the area under review.

(2) The Welsh Ministers, in considering the electoral arrangements for an area under review for the purpose of making regulations under sub-paragraph (1), must do the things set out in paragraph 5(1)(a) and (b) (and paragraph 5(2) and (4) apply accordingly).

(3) No regulations may be made under sub-paragraph (1) until the end of the period of six weeks beginning with the date on which the report under paragraph 8 is published by the Commission.

(4) The Welsh Ministers may require the Commission to provide them with any further information or documents they consider appropriate in relation to the Commission's recommendations.

Power to make regulations where no recommendations are made

10

(1) If the Commission has not submitted a final report to the Welsh Ministers under paragraph 8(3) by the date specified in the direction requiring the initial review to be conducted, the Welsh Ministers may make regulations under sub-paragraph (2).

(2) Regulations under this sub-paragraph may make the provision the Welsh Ministers consider appropriate for the electoral arrangements for the area under review and any provision they consider appropriate for relevant consequential changes.

(3) The Welsh Ministers, in considering the electoral arrangements for an area under review for the purpose of making regulations under sub-paragraph (2), must do the things set out in paragraph 5(1)(a) and (b) (and paragraph 5(2) and (4) apply accordingly).

(4) The Welsh Ministers may require the Commission to provide them with any information or documents they consider appropriate in relation to any matters which have come to the Commission's attention in consequence of—

(a) any steps taken under paragraph 6,

(b) any investigation under paragraph 7,

(d) anything else done in the conduct of the initial review.

Regulations under paragraph 9 or 10: supplementary

11

(1) The Welsh Ministers may, for the purposes of making regulations under paragraph 9 or 10 or sub-paragraph (3), direct a principal council for an area under review or a council for a community in an area under review to provide the Welsh Ministers with any information or documents which the Welsh Ministers consider appropriate.

(2) The Welsh Ministers must, before the end of the period of 7 days beginning with the day after the day on which regulations under paragraph 9 or 10 or sub-paragraph (3) are made, send a copy of the regulations to—

(a) the Commission,

(b) the principal council or councils for the area under review, and

(c) the community councils for communities to which relevant consequential changes have been made under the regulations (if any).

(3) The Welsh Ministers may by regulations amend or revoke regulations made under paragraph 9 or 10 (or this sub-paragraph).

Subsequent reviews by the Commission where regulations are made under paragraph 9(1)(b) or 10(2)

12

(1) Where the Welsh Ministers make regulations under paragraph 9(1)(b) or 10(2) the Commission must—

(a) if the regulations follow from a direction under section 11 to conduct an initial review of a principal area, comply with sub-paragraph (2);

(b) if the regulations follow from a direction under section 138 to conduct an initial review of all or part of a principal area, comply with sub-paragraph (3).

(2) The Commission must conduct a review under section 29(1) of the 2013 Act of the electoral arrangements for the principal area—

(a) as soon as possible after the day of the first ordinary election of councillors to the principal council for that area in which the new voting system is applied, and

(b) in any event, before the day of the next ordinary election.

(3) The Commission must conduct a review under section 29(1) of the 2013 Act of the electoral arrangements for the relevant principal area—

(a) as soon as possible after the day of the first ordinary election of councillors to the principal council for that area following the coming into force of the regulations, and

(b) in any event, before the day of the next ordinary election.

(4) In this paragraph—

(a) in sub-paragraph (2), “the new voting system” means the voting system that applies to the election of councillors of the council as a consequence of the exercise of the power to change the voting system under section 8;

(b) in sub-paragraph (3), “the relevant principal area” means the principal area which was, or any part of which was, the area under review.

Delegation by the Commission of functions under this Schedule

13

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

Orders under Part 3 of the Local Government (Democracy) (Wales) Act 2013 (anaw 4)

14

In section 43 of the 2013 Act (variation and revocation of orders), after subsection (12) insert—

(12A) The Welsh Ministers may by order vary or revoke an order under this section or section 37, 38 or 39 (regardless of whether they made the order) in consequence of regulations under paragraph 9 or 10 of Schedule 1 to the Local Government and Elections (Wales) Act 2021.

.SCHEDULE 2

PART 1 — Primary legislation

Local Government Act 1972 (c. 70)

1

(1) The 1972 Act is amended as follows.

(2) In section 25 (term of office and retirement of councillors)—

(a) in subsection (1)—

(i) for “and Part 1” substitute “ , Part 1 ”;

(ii) after “1983” insert “ , and Part 1 of the Local Government and Elections (Wales) Act 2021 ”;

(b) in subsection (2)—

(i) for “divisions” substitute “ wards ”;

(ii) after “2013 (anaw 4)” insert “ , or by regulations under paragraph 9 or 10 of Schedule 1 to the Local Government and Elections (Wales) Act 2021 ”;

(3) In section 80 (disqualifications for election and holding office as member of local authority)—

(a) in subsection (1), after “local authority”, where it first occurs, insert “ in England ”;

(b) in subsection (2), after “paid officer of a local authority” insert “ in England ”;

(d) in the heading, for “local authority” substitute “ a local authority in England ”.

(4) In section 86(1)(b) (declaration of vacancy of local authority member), after “otherwise than under” insert “ section 80A(1)(c) of this Act, ”.

(5) In section 87(1)(date of casual vacancies), after paragraph (d) insert—

(da) in the case of disqualification of a member of a local authority in Wales under paragraph (c) of section 80A(1), on the date on which the person becomes disqualified under that paragraph;

(6) In section 89 (filling of casual vacancies in case of councillors), in subsection (6), at the end, insert “ in the case of a parish council or, in the case of a community council, made under section 36A of the 1983 Act ”.

(7) In section 116 (members of local authorities not to be appointed as officers)—

(a) after “local authority”, in both places where it occurs, insert “ in England ”;

(b) in the heading, after “local authorities” insert “ in England ”.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In this Act, omit paragraph 2 of Schedule 6 (modification of sections 80 and 116 of the 1972 Act relating to assistants to the executive).

Representation of the People Act 1983 (c. 2)

2

(1) The 1983 Act is amended as follows.

(2) In section 7B (notional residence: declarations of local connection)—

(a) in subsection (2A), omit paragraph (a);

(b) for subsection (2B), substitute—

(2B) The requirements are that the person— (a) is under 18 years of age and is, or has been, a child who is looked after by a local authority, or (b) is being kept in secure accommodation.

;

(d) in subsection (2D), for “for the purpose of restricting the liberty of persons under the age of 18” substitute “ in the United Kingdom provided for the purpose of lawfully restricting the liberty of persons under the age of 18, other than a penal institution within the meaning given in section 3(2)(b) ”.

(3) In section 31(1A) (polling districts and stations at local government elections), for “division” substitute “ ward ”.

(4) In section 36 (local elections in England and Wales)—

(a) in the heading, omit “and Wales”;

(b) omit subsection (3AB);

(i) after “principal area” insert “ in England ”;

(ii) omit “a county borough”;

(d) omit subsection (5A);

(e) in subsection (6)—

(i) omit “and Wales”;

(ii) omit “or community”;

(f) in subsection (6A), omit “and Wales”.

(5) After section 36A (rules for local elections in Wales) (as inserted by section 13(3) of this Act) insert—

(36B) (1) Where the polls at— (a) the ordinary election of councillors of a Welsh county or county borough or an election to fill a casual vacancy occurring in the office of such a councillor, and (b) the ordinary election of community councillors or an election to fill a casual vacancy occurring in the office of such a councillor, are to be taken on the same day and the elections are for related electoral areas, the polls at those elections must be taken together. (2) For the purposes of this section electoral areas are related if they are coterminous or if one is situated within the other. (3) Where the polls at any elections are combined under this section the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination must be apportioned equally among the elections. (4) The Welsh Ministers may by regulations make provision in connection with the combining of polls at any elections under this section including provision modifying the Representation of the People Acts in relation to such elections. (5) Before making regulations under this section the Welsh Ministers must consult such persons as they consider appropriate. (6) The requirement to consult imposed by subsection (5) may be satisfied by consultation undertaken before the coming into force of this section. (7) The power to make regulations under this section is exercisable by statutory instrument. (8) Regulations must not be made under this section unless a draft of the regulations has been laid before and approved by a resolution of Senedd Cymru. (36C) (1) All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor for a county or county borough in Wales must, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council for that area, exceed that scale, be paid by that council. (2) All the expenditure properly incurred by a returning officer in relation to the holding of an election of a community councillor must, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council of the county or county borough in which the community is situated (“the principal council”), exceed that scale, be paid by the principal council; and if the principal council so require, any expenditure so incurred must be repaid to them by the community council. (3) Before a poll is taken at an election of a councillor for any local government area in Wales the council of that area or, in the case of an election of a community councillor, the council who appointed the returning officer must, at the request of the returning officer (including any person acting as returning officer), advance to the officer such reasonable sum in respect of the officer's expenses at the election as the officer may require.

(6) Regulations made under section 36(3C) of the 1983 Act that are in force immediately before the coming into force of section 13(2) continue in effect, so far as they apply to elections of councillors for local government areas in Wales, as if the regulations were made under section 36B(4) of that Act (as inserted by sub-paragraph (5)).

(7) In section 39 (election to fill vacancy where local election void etc.)—

(a) in subsection (5)(a), after “section 36” insert “ or section 36A ”;

(b) in subsection (6), in paragraphs (a)(i) and (b)(i), after “section 36” insert “ or section 36A ”.

(8) In section 40(3) (computing periods of time for local elections), after “section 36” insert “ or section 36A ”.

(9) In section 46 (further provision as to local election voting)—

(a) in subsection (1), after “area”, where it first occurs, insert “ in England ”;

(b) in subsection (2), after “election” insert “ in England ”;

(10) After section 46 insert—

(46A) (1) Subsection (2) applies to a local government election for an electoral area in Wales where a simple majority system applies. (2) An elector or person acting as proxy for an elector— (a) may not give more than one vote for any one candidate; (b) may not give more votes in all than the total number of councillors to be elected for the electoral ward. (3) Subsection (4) applies to an election for an electoral ward of a county council or county borough council in Wales where a single transferable vote system applies. (4) An elector or a person acting as proxy for an elector may not give more than one vote (whether as first preference or any subsequent preference) for any one candidate. (5) No person is subject to an incapacity to vote at a local government election in Wales by reason of the fact that the person is, or is acting as, the returning officer at that election.

(11) In section 48(1) (validity of local elections), after “section 36” insert “ , section 36A ”.

(12) In section 49(5)(b) (effect of registers), after sub-paragraph (iv) insert—

(v) in the case of a person registered as a local government elector in Wales or entered in the list of proxies by virtue of being a qualifying foreign citizen, a qualifying foreign citizen,

(13) In the following provisions, after “section 36” insert “ or section 36A ”

(a) section 90(1)(b) (election expenses at election of community or parish councillors);

(b) section 94(2) (imitation poll cards at local elections);

(d) section 97(2)(b) (disturbances at local election meetings).

(14) In section 99(1)(b) (officer or clerk not to act as candidate's agent), after “section 36” insert “ , section 36A ”.

(15) In section 139(6) (trial of election petition: equality of votes), in the words before paragraph (a), and in paragraph (a), after “section 36” insert “ , section 36A ”.

(16) In section 187(1) (application of Act to community council elections etc.) after “section 36” insert “ or section 36A ”.

(17) In section 202(1) (general interpretation provisions), in the definition of “voter” after “section 36” insert “ , 36A ”.

(18) In section 203(1) (local government provisions as to England and Wales)—

(a) in the definition of “electoral area”, for paragraph (a) substitute—

(a) in England, any electoral division or ward or, in the case of a parish in which there are no wards, the parish, for which the election of councillors is held under the local government Act; (aa) in Wales, any electoral ward of a county council or county borough council or community ward or, in the case of a community in which there are no wards, the community, for which the election of councillors is held under the local government Act;

;

(b) in the appropriate place, insert—

“simple majority system” has the meaning given by section 6(1) of the Local Government and Elections (Wales) Act 2021; ”single transferable vote system” has the meaning given by section 6(2) of the Local Government and Elections (Wales) Act 2021.

Representation of the People Act 1985 (c. 50)

3

In section 15(2) of the Representation of the People Act 1985 (combination of polls), after “section 36” insert “ or section 36B ”.

Parliamentary Constituencies Act 1986 (c. 56)

4

In rule 9(3)(b) of Schedule 2 to the Parliamentary Constituencies Act 1986 (meaning of “local government boundaries”), for “divisions” substitute “ wards ”.

Local Government and Housing Act 1989 (c. 42)

5

In section 12 of the Local Government and Housing Act 1989 (conflict of interest in staff negotiations), in subsection (2) after “section 80(1)(a)” insert “ or section 80C(1) ”.

Local Government (Wales) Act 1994 (c. 19)

6

In paragraph 68 of Schedule 16 to the Local Government (Wales) Act 1994 (consequential amendments)—

(a) in sub-paragraph (8) omit the words from “and after that subsection insert—” to the end;

(b) omit sub-paragraph (9);

Environment Act 1995 (c. 25)

7

In paragraph 2(4) of Schedule 7 to the Environment Act 1995 (local authority members of National Park authorities), for “ divisions” substitute “ wards ”.

Representation of the People Act 2000 (c. 2)

8

(1) The Representation of the People Act 2000 is amended as follows.

(2) In section 11 (revision of procedures in light of pilot schemes)—

(a) in subsection (6)—

(i) omit “and Wales”;

(ii) after the second occurrence of “made” insert “ in relation to local government elections in England ”;

(b) after subsection (6), insert—

(6A) Rules made under section 36A of the 1983 Act (local elections rules in Wales) may make such provision as the Welsh Ministers consider appropriate in connection with any provision made by an order under subsection (1) in relation to local government elections in Wales.

(3) In Schedule 4 (absent voting in Great Britain)—

(a) in paragraph 1(1), in the definition of “the appropriate rules” in paragraph (b), after “section 36” insert “ , section 36A ”;

(b) in paragraph 6—

(i) in sub-paragraph (5), after “election” insert “ (other than a local government election in Wales) ”;

(ii) after sub-paragraph (5) insert—

(5A) A person is not capable of voting as proxy at a local government election in Wales unless on the date of the election the person has attained the age of 16.

Local Government Act 2000 (c. 22)

9

(1) The 2000 Act is amended as follows.

(2) In section 85 (options for elections)—

(a) in subsection (1) after “Part” insert “ as it applies in relation to a principal council for an area in England, ”;

(b) in that subsection, before “a principal council” insert “ such ”;

(3) In section 86 (power to specify a scheme for elections), omit subsection (1).

Countryside and Rights of Way Act 2000 (c. 37)

10

In paragraph 4(3) of Schedule 13 to the Countryside and Rights of Way Act 2000 (local authority members of conservation boards) for “divisions” substitute “ wards ”.

Political Parties, Elections and Referendums Act 2000 (c. 41)

11

In section 7(2)(d) of the Political Parties, Elections and Referendums Act 2000 (Electoral Commission to be consulted on changes to electoral law) omit “and Wales”.

Government of Wales Act 2006 (c. 32)

12

In section 17E of the Government of Wales Act 2006 (exception from disqualification of councillors from being Members of the Senedd), in subsection (4)(a), after “section 37ZA(1)” insert “ or (1A) ”.

Local Government and Public Involvement in Health Act 2007 (c. 28)

13

(1) The Local Government and Public Involvement in Health Act 2007 is amended as follows.

(2) In section 218 (definition of certain terms in enactments)—

(a) in subsection (1), omit paragraph (a);

(b) in subsection (2), omit “the Local Government Act 1972 (c. 70).”

(3) In Schedule 14, in paragraph 2(3) omit the subsection (3B) to be inserted into section 80 of the 1972 Act.

Local Government (Wales) Measure 2011 (nawm 4)

14

(1) The Local Government (Wales) Measure 2011 is amended as follows.

(2) In section 56(3)(a) (exercise of functions by councillors), for “division” substitute “ ward ”.

(3) In section 116(1)(b) (public notices relating to community council vacancy to be filled by co-option), for “section 36(2)” substitute “ section 36A ”.

Senedd and Elections (Wales) Act 2020 (anaw 1)

15

(1) The Senedd and Elections (Wales) Act 2020 is amended as follows.

(2) In section 24 (protection of information of persons aged under 16)—

(a) in subsection (2), in the definition of “absent voters record or list”, after paragraph (b) insert—

(c) so far as relating to local government elections, a record kept under paragraph 3(4) or 7(6) of Schedule 4 to the Representation of the People Act 2000 (c. 2) (absent voting); (d) so far as relating to local government elections, a list kept under paragraph 5 or 7(8) of that Schedule;

;

(b) after subsection (2) insert—

(3) In sections 25 and 26, “local government election” means— (a) an 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 Local Government Act 1972 (c. 70), or (b) an election for the return of an elected mayor (within the meaning of section 39(1) of the Local Government Act 2000 (c. 22)) of a local authority in Wales.

(3) In section 25 (exceptions from prohibition on disclosure)—

(a) in subsection (3), for “32ZA(5) and (5A)” substitute “ 32ZBD(9) and (9A) ”;

(b) in subsection (5)—

(i) in paragraph (b), after “Senedd” insert “ , a member of a local authority in Wales, an elected mayor of a local authority in Wales or candidates at local government elections ”;

(ii) in paragraph (c), after “elections” insert “ or local government elections ”;

(iii) for paragraph (e) substitute—

(e) regulation 61 of the 2001 regulations (absent voters records or lists) so far as applying to local government elections and any enactment making provision equivalent to that regulation in relation to Senedd elections;

;

(iv) for paragraph (f), substitute—

(f) regulation 98 of the 2001 regulations (supply to returning officers) so far as applying to returning officers of community councils and returning officers for any Senedd elections and any enactment making provision equivalent to regulation 98(4) in relation to Senedd elections.

(4) In section 26 (further provision for exceptions)—

(a) in subsection (1), after “Senedd” insert “ , local government elections or local referendums ”;

(b) after subsection (4), insert—

(5) In this section, “local referendum” means a referendum held under— (a) section 27 of the Local Government Act 2000 (c. 22) or by virtue of regulations or an order made under Part 2 of that Act, or (b) section 40 of the Local Government (Wales) Measure 2011 (nawm 2).

PART 2 — Subordinate legislation

Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)

16

(1) The Representation of the People (England and Wales) Regulations 2001 are amended as follows.

(2) In regulation 32(1) after “(aza),” insert “ (azaa), ”.

(3) In regulation 42—

(a) in paragraph (1), after “(3),” insert “ (3A), ”;

(b) after paragraph (3), insert—

(3A) To indicate that a qualifying foreign citizen is registered only in the register of local government electors in Wales, the letter “M” shall be placed against the person's entry.

(4) In regulation 65(b)—

(a) omit “or (3AB)”;

(b) after “section 36” insert “ or subsection (1) of section 36B ”.

Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294)

17

(1) The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 are amended as follows.

(2) In regulation 4(10), in the definition of “relevant enactment”, in paragraph (b)—

(a) omit “(3AB) or”;

(b) after ”(3AC)” insert “ , or section 36B(1) ”.

(3) In regulation 5(1)—

(a) in paragraph (c), after “election” insert “ in England, ”;

(b) after paragraph (c) insert—

(ca) at a local government election in Wales, by those rules in the rules made under section 36A of the 1983 Act which correspond to the rules specified in paragraph (2);

(4) In regulation 6—

(a) in paragraph (1)(c)—

(i) after “section 36” insert “ of the 1983 Act ”;

(ii) omit “and Wales”;

(iii) before “of the 1983 ” insert “ and subsections (1) to (3) of section 36C ”;

(iv) after “Act” insert “ (local elections in Wales) ”;

(b) in paragraph (2) after “section 36(6)” insert “ and section 36C(3) ”;

(i) omit “, (3AB)”;

(ii) after “(3AC)” insert “ or section 36B(1) ”.

Business Improvement Districts (Wales) Regulations 2005 (S.I. 2005/1312)

18

In regulation 6(1) of the Business Improvement Districts (Wales) Regulations 2005 (ballot holder), for the words from “whom” to the end substitute “ who, by virtue of section 35(1A) of the Representation of the People Act 1983, is the returning officer for elections to the relevant billing authority ”.

Local Elections (Principal Areas) (England and Wales) Rules 2006 (S.I. 2006/3304)

19

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

SCHEDULE 3

PART 1 — Amendments relating to Chapter 1 of Part 2: the general power

Local Government Act 2000 (c. 22)

1

(1) Part 1 of the 2000 Act (promotion of economic, social or environmental well-being etc.) is amended as follows.

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

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

(4) Omit section 5 (power to amend or repeal enactments).

(5) In section 7 (power to modify enactments concerning plans etc.), in subsection (1) for “subsections (4) and (6)” substitute “ subsection (4) ”.

(6) In the cross-heading preceding section 9, for the words after “under” substitute “ this Part ”.

(7) In section 9A (procedure for orders under sections 5 and 7)—

(a) in subsection (1), omit “5 or”;

(b) in subsection (2), omit “5 or”;

(i) omit “5 or”;

(ii) omit “5(3A) or”;

(d) in subsections (5) to (7) and the heading, omit “5 or” in each place where it occurs.

Local Government Act 2003 (c. 26)

2

In the Local Government Act 2003, in section 116 (local polls)—

(a) in paragraph (a)(ii), for “services, or” substitute “ services. ”;

(b) omit paragraph (b).

Local Government and Public Involvement in Health Act 2007 (c. 28)

3

In section 115 of the Local Government and Public Involvement in Health Act 2007 (orders under Part 1 of the 2000 Act), omit subsections (3) and (4).

Local Government (Wales) Measure 2009 (nawm 2)

4

In the 2009 Measure, in Schedule 2 (minor and consequential amendments) omit paragraphs 1 and 2 and the cross-heading preceding them.

Local Government (Wales) Measure 2011 (nawm 4)

5

In the 2011 Measure, omit section 126(2) and (3) (which amend sections 2 and 5 of the 2000 Act).

Localism Act 2011 (c. 20)

6

In the Localism Act 2011, in Schedule 1 (consequential amendments) omit paragraph 3.

Well-being of Future Generations (Wales) Act 2015 (anaw 2)

7

In the Well-being of Future Generations (Wales) Act 2015, in Schedule 4 (public services boards: consequential amendments and repeals) omit paragraphs 3 and 4.

This Act

8

In Schedule 14 to this Act, omit paragraph 2.

PART 2 — Amendments relating to Chapter 2 of Part 2: eligible community councils

Local Government Act 1972 (c. 70)

9

In the 1972 Act, in section 137(9) (power of local authorities to incur expenditure for certain purposes not otherwise authorised), in paragraph (b) after “community council” insert “ which is not an eligible community council for the purposes of Part 2 of the Local Government and Elections (Wales) Act 2021 (general power of competence) ”.

Local Government Act 2000 (c. 22)

10

In the 2000 Act, omit sections 2 and 3 (community councils' power to promote well-being).

Nationality, Immigration and Asylum Act 2002 (c. 41)

11

(1) The Nationality, Immigration and Asylum Act 2002 is amended as follows.

(2) In section 55 (late claims: refusal of support), in subsection (4) omit paragraph (c) (but not the “and” which follows it).

(3) In Schedule 3 (withholding and withdrawal of support), in paragraph 1(1) omit paragraph (k).

Local Government Act 2003 (c. 26)

12

(1) The Local Government Act 2003 is amended as follows.

(2) In section 93 (power to charge for discretionary services), in subsection (7) omit paragraph (c).

(3) In Schedule 3 (amendment of certain powers), omit paragraph 12.

Local Government (Wales) Measure 2011 (nawm 4)

13

(1) The 2011 Measure is amended as follows.

(2) Omit section 127 (enactments preventing a community council from exercising its well-being power).

(3) Omit Chapter 9 of Part 7 (quality accreditation in community government).

(4) In section 172 (orders and regulations)—

(a) in subsection (2)(a), omit “or 140”;

(b) in subsection (2)(b) omit “127 or”.

(5) Omit section 173 (procedure applicable to certain orders under section 127).

Localism Act 2011 (c. 20)

14

In the Localism Act 2011, in Schedule 1 (consequential amendments) omit paragraphs 2 and 4 and the cross-heading preceding paragraph 2.

This Act

15

In Part 1 of this Schedule, in paragraph 1 omit sub-paragraphs (2) and (3).

SCHEDULE 4

PART 1 — Notice of local authority meetings and access to documents

Notices of local authority meetings

1

In section 100A of the 1972 Act (admission to meetings of principal councils)—

(a) in subsection (6)—

(i) in paragraph (a), at the beginning insert “ in relation to a principal council in England, ”;

(ii) after paragraph (a) insert—

(aa) in relation to a principal council in Wales, public notice of the meeting must be given— (i) in accordance with subsection (6A), and (ii) by publishing the notice electronically, at least three clear days before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened;

;

(b) after subsection (6) insert—

(6A) The notice given under subsection (6)(aa) must— (a) where the meeting or part of the meeting is open to the public and is held through remote means only, give details of the time of the meeting and how to access it; (b) where the meeting or part of the meeting is open to the public and is held partly through remote means or is not held through remote means, give details of the time and place of the meeting and how to access it; (c) where the meeting is not open to the public and is held partly through remote means or is not held through remote means, give details of the time and place of the meeting and the fact that it is not open to the public; (d) where the meeting is not open to the public and is held through remote means only, give details of the time of the meeting, and the fact that it is being held through remote means only and is not open to the public.

2

In section 100K of the 1972 Act (interpretation and application of Part 5A), in subsection (3) after “sections 100A(6)(a)” insert “ and (aa) ”.

3

In paragraph 4 of Schedule 12 to the 1972 Act (notices of meetings of principal councils)—

(a) in sub-paragraph (2), after “in Wales” insert “ or, if the meeting is convened at shorter notice, then at the time it is convened ”;

(b) in sub-paragraph (2)(a)—

(i) for “of the time and place of the intended meeting shall be published at the council's offices” substitute “ of the intended meeting containing the information required by sub-paragraph (2A) must be published electronically ”, and

(ii) for “be signed by” substitute “ set out the names of ”;

(2A) The information required to be in a notice under sub-paragraph (2)(a) consists of— (a) where the meeting or part of the meeting is open to the public and is held through remote means only, details of the time of the meeting and how to access it; (b) where the meeting or part of the meeting is open to the public and is held partly through remote means or is not held through remote means, details of the time and place of the meeting and how to access it; (c) where the meeting is not open to the public and is held partly through remote means or is not held through remote means, details of the time and place of the meeting and the fact that it is not open to the public; (d) where the meeting is not open to the public and is held through remote means only, details of the time of the meeting and the fact that it is being held through remote means only and is not open to the public. (2B) In sub-paragraph (2A), references to a meeting held through remote means are to a meeting held by means of any equipment or other facility which enables persons who are not in the same place 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).

4

In paragraph 26 of Schedule 12 to the 1972 Act (notices of meetings of community councils)—

(a) in sub-paragraph (2), after “community council” insert “ or, if the meeting is convened at shorter notice, then at the time it is convened ”;

(b) in sub-paragraph (2)(a)—

(i) for “of the time and place of the intended meeting” substitute “ of the meeting containing the information required by sub-paragraph (2ZA) ”, and

(ii) for “be signed by” substitute “ set out the names of ”;

(2ZA) The information required to be in a notice under sub-paragraph (2)(a) consists of— (a) where the meeting or part of the meeting is open to the public and is held through remote means only, details of the time of the meeting and how to access it; (b) where the meeting or part of the meeting is open to the public and is held partly through remote means or is not held through remote means, details of the time and place of the meeting and how to access it; (c) where the meeting is not open to the public and is held partly through remote means or is not held through remote means, details of the time and place of the meeting and the fact that it is not open to the public; (d) where the meeting is not open to the public and is held through remote means only, details of the time of the meeting and the fact that it is being held through remote means only and is not open to the public. (2ZB) In sub-paragraph (2ZA), references to a meeting held through remote means are to a meeting held by means of any equipment or other facility which enables persons who are not in the same place 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).

5

In section 1 of the Public Bodies (Admission to Meetings) Act 1960 (c. 67) (admission of public to meetings)—

(a) in subsection (4)(a), at the end insert “ (but see subsections (4ZA) to (4ZC) for further provision in relation to notices of meetings of certain bodies in Wales) ”;

(b) after subsection (4), insert—

(4ZA) Subsection (4ZB) applies to community councils and joint boards or joint committees which discharge functions of community councils or of community councils and of a principal council in Wales within the meaning of the Local Government Act 1972. (4ZB) In the case of a meeting of a body to which this subsection applies— (a) a copy of the notice mentioned in subsection (4)(a) must also be published electronically at least three clear days before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened; (b) if the meeting is held partly through remote means, the notice under subsection (4)(a) must give details of how to access the meeting (as well as its time and place); (c) if the meeting is held through remote means only, the notice under subsection (4)(a) must give details of how to access the meeting as well as its time, but not its place. (4ZC) In subsection (4ZB)— (a) references to a meeting held through remote means are to a meeting held by means of any equipment or other facility which enables persons who are not in the same place 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); (b) the requirement imposed on a body to publish a notice electronically is, where the body has its own website, a requirement to publish on that website.

Copies and publication of documents relating to meetings of local authorities

6

(1) Section 100B of the 1972 Act (access to agenda and connected reports) is amended as follows.

(2) In subsections (1), (4), (6) and (7)(a) after “principal council” insert “ in England ”.

(3) In the heading, after “reports” insert “ : principal councils in England ”.

7

After section 100B of the 1972 Act (access to agenda and connected reports), insert—

(100BA) (1) Copies of the agenda for a meeting of a principal council in Wales and copies of any report for the meeting must be published— (a) electronically, and (b) in accordance with subsections (3) to (5). (2) If the proper officer thinks fit, there may be excluded from the copies of reports published under subsection (1) the whole of a report which, or any part which, relates only to items during which, in the officer's opinion, the meeting is likely not to be open to the public. (3) A document required to be published under subsection (1) must be published at least three clear days before the meeting, or, if the meeting is convened at shorter notice, then at the time it is convened. (4) If an item is added to an agenda, copies of which have been published, copies of the item or revised agenda and copies of any report for the meeting relating to the item must be published at the time the item is added to the agenda. (5) Nothing in subsections (3) and (4) requires a document or copies of an agenda, item or report to be published until the document or copies are available to members of the council. (6) An item of business may not be considered at a meeting of a principal council in Wales unless either— (a) a copy of the agenda including the item (or a copy of the item) is published electronically at least three clear days before the meeting, or, if the meeting is convened at shorter notice, at the time it is convened, or (b) by reason of special circumstances, which must be specified in the minutes, the chair of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency. (7) Where the whole or part of a report is excluded under subsection (2)— (a) every copy of the report or of the part must be marked “Not for publication”, and (b) there must be stated on every copy of the report or of the part a description, in terms of Schedule 12A, of the exempt information by virtue of which the council is likely to exclude the public during the item to which the report relates. (8) Where a meeting of a principal council in Wales— (a) is required by section 100A to be open to the public during the proceedings or part of them, and (b) is not held through remote means only, there must be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and of the reports for the meeting. (9) There must, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper— (a) a copy of the agenda for a meeting of a principal council in Wales and a copy of each of the reports for the meeting, (b) such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda, and (c) if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the council in connection with the item. (10) Subsection (2) applies in relation to copies of reports provided under subsection (8) or (9) as it applies in relation to copies of reports published under subsection (1).

8

(1) Section 100C of the 1972 Act (inspection of minutes and other documents after meetings) is amended as follows.

(2) In subsection (1), after “principal council” insert “ in England ”.

(3) After subsection (1) insert—

(1A) After a meeting of a principal council in Wales the documents listed in subsection (1B) must— (a) be published electronically, and (b) remain accessible electronically to members of the public until the expiration of the period of six years beginning with the date of the meeting. (1B) The documents are— (a) the minutes, or a copy of the minutes, of the meeting, excluding so much of the minutes of proceedings during which the meeting was not open to the public as discloses exempt information, (b) where applicable, a summary under subsection (2), (c) a copy of the agenda for the meeting, and (d) a copy of so much of any report for the meeting as relates to any item during which the meeting was open to the public. (1C) As soon as reasonably practicable after a meeting of a principal council in Wales, and in any event before the end of seven working days beginning with the day on which the meeting is held, the council must publish electronically a note setting out— (a) the names of the members who attended the meeting, and any apologies for absence; (b) any declarations of interest; (c) any decision taken at the meeting, including the outcomes of any votes, but excluding anything relating to a decision taken when the meeting was not open to the public as discloses exempt information.

(4) In subsection (2), after “subsection (1)(a) above” insert “ , or the document published under subsections (1A) and (1B)(a), ”.

(5) In the heading after “Inspection” insert “ and publication ”.

9

(1) Section 100D of the 1972 Act (background papers) is amended as follows.

(2) In subsection (1)—

(a) after “members of the public” insert “ , or are required by section 100BA(1) or 100C(1A) to be published electronically ”;

(b) omit the “and” after paragraph (a);

(d) after paragraph (b) insert

, and (c) in relation to a principal council in Wales, each of the documents included in that list must be published electronically, but if in the opinion of the proper officer it is not reasonably practicable to publish a document included in the list electronically at least one copy of the document must be open to inspection at the offices of the council.

(3) In subsection (2) at the beginning insert “ In relation to a principal council in England, ”.

(4) After subsection (2) insert—

(2A) In relation to a principal council in Wales, copies of documents included in the list must— (a) where they are published under subsection (1)(c), remain accessible electronically to members of the public until the expiration of the period of six years beginning with the date of the meeting, and (b) where they are open to inspection under subsection (1)(c), be open to inspection by members of the public at the offices of the council until the expiration of that period.

(5) In subsection (4)(b) after “the public” insert “ or published electronically ”.

(6) In the heading after “Inspection” insert “ and publication ”.

10

(1) Section 100H of the 1972 Act (supplemental provision about access to meetings and documents) is amended as follows.

(2) In subsection (2), at the beginning insert “ In relation to a principal council in England, ”.

(3) After subsection (2) insert—

(2A) In relation to a principal council in Wales, where a document is open to inspection by a person under any provision of this Part the person may, subject to subsection (3) below— (a) make copies of the document or parts of the document, or (b) require the person having custody of the document to provide a copy of the document or of parts of the document, upon payment of such reasonable fee as may be required for the facility.

(4) In subsection (3)—

(a) for “Subsection (2) above does” substitute “ Subsections (2), (2A) and (6A) do ”;

(b) for “that subsection” substitute “ those subsections ”.

(5) After subsection (3) insert—

(3A) Provisions in this Part which require the publication of documents by a principal council in Wales do not require or authorise the doing of any act which infringes the copyright in any work except that, where the owner of the copyright is the council, nothing done in pursuance of those provisions constitutes an infringement of the copyright.

(6) In subsection (5)—

(a) omit the “or” after paragraph (a);

(b) after paragraph (a), insert—

(aa) is published electronically by a principal council in Wales, or

;

(7) In subsection (6)—

(a) in paragraph (b), after “100B(7)(b)” insert “ or 100BA(9)(b) ”;

(b) in paragraph (c), after “100B(7)(c)” insert “ or 100BA(9)(c) ”;

(f) the note required to be published by a principal council in Wales under section 100C(1C).

(8) After subsection (6) insert—

(6A) A principal council in Wales must put in place facilities for members of the public who would otherwise not be able to do so, to access— (a) notices or other documents required to be published electronically under sections 100A(6)(aa), 100BA(1), 100C(1A) and (1C) and 100D(1)(c), and (b) documents required to remain accessible electronically under sections 100C(1A) and 100D(2A)(a).

(9) After subsection (7) insert—

(8) A principal council in Wales must have regard to any guidance issued by the Welsh Ministers about the exercise of its functions relating to the publication, provision and inspection of documents under this Part.

11

In section 228(1) of the 1972 Act (minutes of community council meetings), omit “or community”.

12

After paragraph 26 of Schedule 12 to the 1972 Act (notices of meetings of community councils), insert—

(26ZA) (1) As soon as reasonably practicable after a meeting of a community council, and in any event before the end of seven working days beginning with the day on which the meeting is held, the council must publish electronically a note setting out— (a) the names of the members who attended the meeting, and any apologies for absence; (b) any declarations of interest; (c) any decision taken at the meeting, including the outcomes of any votes. (2) The duty under sub-paragraph (1)(c) to publish a note setting out any decisions does not apply— (a) in relation to a decision relating to business which was transacted in private, or (b) where disclosure of the information would be contrary to any enactment.

Application to committees and sub-committees

13

In section 100E of the 1972 Act (application to committees and sub-committees), in subsection (2)—

(a) omit the “and” after paragraph (b);

(b) after paragraph (b) insert—

(ba) the requirement in sections 100A(6)(aa), 100BA(1), 100C(1A) and (1C) and 100D(1)(c) to publish a document electronically is complied with if it is published electronically by every constituent principal council; (bb) the requirement in sections 100C(1A) and 100D(2A)(a) for a document to remain accessible electronically is complied with if the document remains accessible on the website of every constituent principal council; and

;

Application and interpretation

14

In section 100J of the 1972 Act (application to other authorities etc.), after subsection (4AA) insert—

(4AB) References to a principal council in Wales in this Part include— (a) a National Park authority for a National Park in Wales; (b) a fire and rescue authority for an area in Wales; (c) a joint board or joint committee which falls within subsection (2) and which discharges functions of two or more principal councils in Wales.

15

In section 100K of the 1972 Act (interpretation and application of Part 5A), after subsection (1) insert—

(1A) In this Part references to a meeting of a principal council in Wales held through remote means are to a meeting held by means of any equipment or other facility which enables persons who are not in the same place 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).

16

In section 270 of the 1972 Act (interpretation), after subsection (1) insert—

(1A) A requirement to publish a notice or document electronically, imposed by— (a) this Act on a local authority in Wales, or (b) Part 5A on a body or authority in Wales (other than a principal council), is, where such an authority has its own website, a requirement to publish on that website.

Publication of public notices given by local authorities

17

(1) Section 232 of the 1972 Act (public notices) is amended as follows.

(2) In subsection (1)—

(a) omit the “and” at the end of paragraph (a);

(b) after paragraph (b) insert

; and (c) where the local authority is a local authority in Wales, by publishing it electronically.

(3) Omit subsection (1ZA).

(4) After subsection (2) insert—

(3) The Welsh Ministers may by regulations make further or different provision about the manner of giving a public notice required to be given by a local authority in Wales. (4) Regulations under subsection (3) may also make provision about the manner of giving a public notice required to be given by— (a) a National Park authority for a National Park in Wales; (b) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies, for an area in Wales. (5) Regulations under subsection (3) may— (a) make different provision for different purposes; (b) include supplementary, incidental, consequential, transitional, transitory or saving provision (including provision amending, modifying, repealing or revoking any enactment (including this Act and the Local Government and Elections (Wales) Act 2021)). (6) A statutory instrument containing regulations under subsection (3) must not be made unless a draft of the instrument has been laid before and approved by resolution of Senedd Cymru.

18

In Schedule 7 to the Environment Act 1995 (c. 25) (National Park authorities), in paragraph 17(2)(d) (application of provisions of the 1972 Act about service and authentication of documents to National Park authorities) for “to 234” substitute “ , 232 (other than subsection (1)(c)), 233 and 234 ”.

Electronic service of summonses on members to attend local authority meetings

19

(1) Schedule 12 to the 1972 Act is amended as follows.

(2) In paragraph 4(2)(b) (summonses to meetings of principal councils)—

(a) for “signed” substitute “ authenticated ”;

(b) for the words from “shall” to the end of that paragraph substitute “ must, subject to sub-paragraph (3), be sent to every member of the council electronically; and each member must specify an electronic address for that purpose. ”

(3) After paragraph 4(2B) (inserted by paragraph 3(c) of this Schedule), insert—

(2C) In sub-paragraph (2)(b) “authenticated” means signed or otherwise authenticated in such manner as the proper officer considers appropriate.

(4) In paragraph 4(3) for the words from “some address” to the end of that sub-paragraph substitute “ an address specified in the notice rather than electronically, such summonses must be sent to that member by being left at, or sent by post to, that address. ”

(5) In paragraph 26(2)(b) (summonses to meetings of community councils)—

(a) for “signed” substitute “ authenticated ”;

(b) for the words from “shall” to the end of that paragraph, substitute “ must, subject to sub-paragraph (2C), be sent to every member of the council electronically; and each member must specify an electronic address for that purpose. ”

(6) After paragraph 26(2A), insert—

(2B) In sub-paragraph (2)(b) “authenticated” means signed or otherwise authenticated in such manner as the proper officer considers appropriate. (2C) If a member of a community council gives notice in writing to the proper officer of the council that summonses to attend meetings of the council should be sent to the member at an address specified in the notice rather than electronically, such summonses must be sent to that member by being left at, or sent by post to, that address.

Venue for community council meetings

20

(1) In paragraph 26 of Schedule 12 to the 1972 Act, for sub-paragraph (1) substitute—

(1) Meetings of the community council and its committees and sub-committees are to be held at such place, either within or outside the council's area, as the council may direct.

(2) In consequence of sub-paragraph (1), in Schedule 6 to the Licensing Act 2003 (c. 17) (minor and consequential amendments) omit paragraph 61(2)(b).

Notices of community council committee and sub-committee meetings to be published

21

In paragraph 26 of Schedule 12 to the 1972 Act, after sub-paragraph (2C) (inserted by paragraph 19(6) of this Schedule) insert—

(2D) At least three clear days before a meeting of a committee or sub-committee of a community council, notice of the time and place of the intended meeting must be published electronically and fixed in a conspicuous place in the community. (2E) If the chairman of a committee or sub-committee of a community council considers that a meeting of the committee or sub-committee should take place urgently, sub-paragraph (2D) has effect as if for the words “three clear days” there were substituted “ twenty four hours ”.

Saving provision

22

Sections 100A to 100D and 100H of the 1972 Act apply to community health councils and community health committees in accordance with section 1 of the Community Health Councils (Access to Information) Act 1988 (c. 24) (access to meetings and documents of community health councils) as if the amendments made by paragraphs 1, 2 and 6 to 10 of this Schedule had not been made.

PART 2 — Attendance at local authority meetings: consequential amendments

Attendance at local authority meetings: amendments consequential on section 47

23

(1) In Part 4 of Schedule 12 to the 1972 Act (community council meetings), in paragraph 29 for sub-paragraph (1) substitute—

(1) The manner of voting at meetings of a community council is to be decided by the council, but (if a vote is necessary on the question) the proper officer is to determine the manner of voting on that decision; if agreement cannot be reached, the proper officer is to determine the manner of voting on all other matters.

(2) In the 2011 Measure, omit section 4 (remote attendance at meetings).

(3) In the 2013 Act, omit section 59 (remote attendance at meetings of principal councils).

(4) In the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 (S.I. 2007/399), in Schedule 1 (functions not to be the responsibility of an executive), in the table in Part I (miscellaneous functions), after paragraph 18 insert—

19 Duty to make arrangements for holding meetings of a principal council or its executive	Section 47(1) of the Local Government and Elections (Wales) Act 2021

SCHEDULE 5

Local Government Act 1972 (c. 70)

1

In section 112(2A) of the 1972 Act (determination by councils of terms and conditions of certain senior staff), for “heads of paid service” substitute “ chief executives ”.

Local Government Finance Act 1988 (c. 41)

2

The Local Government Finance Act 1988 is amended as follows.

3

In section 114(3A) (consultation by chief finance officer in preparing reports)—

(a) for paragraph (a) substitute—

(a) with— (i) in the case of a Welsh county council or county borough council, the person who is for the time being appointed as the authority’s chief executive under section 54 of the Local Government and Elections (Wales) Act 2021; (ii) in the case of a corporate joint committee, the person who is for the time being appointed as the authority’s chief executive; (iii) in any other case, the person who is for the time being designated as the head of the authority’s paid service under section 4 of the Local Government and Housing Act 1989;

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

4

In section 114A(3) (consultation by chief finance officer in preparing reports where council operates executive arrangements)—

(a) in paragraph (a), after “Local Government and Housing Act 1989” insert “ or, in the case of a Welsh county council or county borough council, the person who is for the time being appointed as the authority's chief executive under section 54 of the Local Government and Elections (Wales) Act 2021 ”;

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

Local Government and Housing Act 1989 (c. 42)

5

The Local Government and Housing Act 1989 is amended as follows.

6

In section 1 (disqualification and political restriction of certain officers and staff), after subsection (1) insert—

(1A) A person shall be disqualified from becoming (whether by election or otherwise) or remaining a member of any local authority in Wales if that person holds the post of chief executive of a local authority which is the council of a county or county borough in Wales.

7

In section 2 (politically restricted posts)—

(a) after subsection (1) insert—

(1A) For the purposes of this Part other than section 1(1), a person appointed as the chief executive of a local authority which is the council of a county or county borough in Wales is to be regarded as holding a politically restricted post under that authority.

;

(b) in subsection (7)(a) and (b), after “head of the authority's paid service” in both places it occurs, insert “ or (in the case of a council for a county or county borough in Wales) the authority's chief executive ”.

8

In section 4(6) (definition of “relevant authority”)—

(a) in paragraph (a), omit “and Wales”;

(b) after paragraph (a) (and before the “and” which follows it) insert—

(aa) in relation to Wales, means an elected local policing body;

9

In section 5 (designation and reports of monitoring officer)—

(a) in subsection (1B)—

(i) omit “and Wales”;

(ii) omit paragraph (b);

(b) after subsection (1B) insert—

(1BA) The officer designated under subsection (1)(a) above by a relevant authority which is the council of a county or county borough in Wales may not be the authority's chief executive.

;

(a) in preparing a report under this section to consult so far as practicable with— (i) in the case of a relevant authority which is the council of a county or county borough in Wales, the person who is for the time being the authority’s chief executive and with their chief finance officer; (ii) in the case of a relevant authority which is a corporate joint committee, the person who is for the time being appointed as the authority’s chief executive and with their chief finance officer; (iii) in the case of any other relevant authority, the person who is for the time being designated as the head of the authority’s paid service under section 4 above and with their chief finance officer;

10

In section 5A(5) (consultation by monitoring officer on reports where council operates executive arrangements), in paragraph (a) after “chief finance officer” insert “ or, in the case of a council of a county or county borough in Wales, with the person who is for the time being the authority's chief executive and with their chief finance officer ”.

11

In section 21 (interpretation of Part 1), in subsection (3) before the definition of “contravention” insert—

“chief executive” means the person appointed under section 54 of the Local Government and Elections (Wales) Act 2021 as the chief executive of a council of a county or county borough in Wales;

Local Government (Wales) Measure 2011 (nawm 4)

12

The 2011 Measure is amended as follows.

13

In section 8(4) (officers who may not be designated head of democratic services), for paragraph (a) substitute—

(a) the authority's chief executive appointed under section 54 of the Local Government and Elections (Wales) Act 2021;

14

In section 9(4) (functions of head of democratic services), for the words from “head of paid service” to the end substitute “ chief executive in section 54(2) of the Local Government and Elections (Wales) Act 2021 ”.

15

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

16

In section 75 of the Police Reform and Social Responsibility Act 2011 (the appropriate officer for a police area)—

(a) in subsection (2), for “in relation to any such police area, means the head of paid service of the local authority designated for that police area” substitute

means— (a) in relation to a police area in England, the head of paid service of the local authority designated for that police area; (b) in relation to a police area in Wales, the chief executive of the local authority designated for that police area.

;

(b) in subsection (3)—

(i) before the definition of “local authority” insert—

“chief executive” means the person appointed by a county council or county borough council in Wales under section 54 of the Local Government and Elections (Wales) Act 2021;

;

(ii) in the definition of “head of paid service”, after “a council” insert “ in England ”.

Localism Act 2011 (c. 20)

17

In section 43(2) of the Localism Act 2011 (definition of “chief officer” for purposes of pay policy statements)—

(a) after paragraph (a) insert—

(aa) its chief executive appointed under— (i) section 54 of the Local Government and Elections (Wales) Act 2021 (chief executive of council in Wales), or (ii) regulations made under Part 5 of that Act (chief executive of a corporate joint committee).

;

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

18

In section 77 of the Anti-social Behaviour, Crime and Policing Act 2014 (duration of notices prohibiting access to certain premises), for subsection (6) substitute—

(6) In this section “chief executive officer” means— (a) in relation to a local authority in England, the authority's head of paid service designated under section 4 of the Local Government and Housing Act 1989; (b) in relation to a local authority in Wales, the authority's chief executive appointed under section 54 of the Local Government and Elections (Wales) Act 2021.

Well-being of Future Generations (Wales) Act 2015 (anaw 2)

19

In the second column of the table in paragraph 7 of Schedule 3 to the Well-being of Future Generations (Wales) Act 2015 (representatives of council at meetings of public services boards), for “head of the authority's paid service designated under section 4 of the Local Government and Housing Act 1989 (c. 42)” substitute “ authority's chief executive appointed under section 54 of the Local Government and Elections (Wales) Act 2021 ”.

This Act

20

In this Act, omit paragraph 1(10) of Schedule 12.

SCHEDULE 6

Local Government Act 1972 (c. 70)

1

(1) The 1972 Act is amended as follows.

(2) In each of sections 22(1A), 24(1A), 24A(5) and 24B(3) (chair, vice-chair, presiding member and deputy presiding member), after “principal council” insert “ , or an assistant to the executive, ”.

(3) In section 270(1) (interpretation), after the definition of “appropriate Minister” insert—

“assistant to the executive”, in relation to a principal council in Wales, has the same meaning as in Schedule 1 to the Local Government Act 2000 (see paragraph 3A of that Schedule);

(4) In Schedule 12, in paragraph 5(4) (presiding over meetings), after “principal council” insert “ , or an assistant to the executive, ”.

2

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

Pilotage Act 1987 (c. 21)

3

In section 3 of the Pilotage Act 1987 (authorisation of pilots)—

(a) in subsection (9A)(a), after “local authority” insert “ , or an assistant to the executive, ”;

(b) in subsection (10), after the opening words insert—

“assistant to the executive” has the same meaning as in Schedule 1 to the Local Government Act 2000 (see paragraph 3A of that Schedule);

Local Government Finance Act 1992 (c. 14)

4

In section 106(2A) of the Local Government Finance Act 1992 (council tax etc.: restrictions on voting), after “to whom this section applies” insert “ , and no assistant to the executive (within the meaning of paragraph 3A of Schedule 1 to the Local Government Act 2000) to whom this section applies, ”.

Local Government Act 2000 (c. 22)

5

In section 21(9) of the 2000 Act (overview and scrutiny committee not to include members of executive), after “executive” insert “ or any assistant to the executive (within the meaning of paragraph 3A of Schedule 1) ”.

Local Government (Wales) Measure 2011 (nawm 4)

6

(1) The 2011 Measure is amended as follows.

(2) In section 12(2)(b) (membership of democratic services committee), after “authority's executive” insert “ or an assistant to its executive ”.

(3) In section 14(2) (chair of democratic services committee), after “authority's executive” insert “ or an assistant to its executive ”.

(4) In section 82 (membership of governance and audit committee)—

(a) in subsection (2)(c) after “authority's executive” insert “ or an assistant to its executive ”;

(b) in subsection (3) after “authority's executive” insert “or an assistant to its executive.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7

Local Government Act 2000 (c. 22)

1

The 2000 Act is amended as follows.

2

In section 11 (executives)—

(a) after subsection (8) insert—

(8ZA) But if two or more councillors are elected to share office as executive leader (by virtue of paragraph 2(2A) of Schedule 1) or are appointed to the executive to share office (by virtue of paragraph 2A of Schedule 1), the number of members of the executive may exceed 10 but not 13; and where the number of members of the executive is— (a) 11 or 12, at least two of the members must have been elected or appointed to share office; (b) 13, at least three of the members must have been elected or appointed to share office.

;

(b) in subsection (8A) for “subsection (8)” substitute “ subsections (8) and (8ZA) ”;

(9) The Welsh Ministers may by regulations amend subsections (8) and (8ZA) so as to provide for different maximum numbers of members of an executive to which those subsections apply; but the power under this subsection may not be exercised so as to provide— (a) for a maximum number in subsection (8) which exceeds 10, or (b) for a maximum number in subsection (8ZA) which exceeds 13.

3

In section 83 (interpretation of Part 3), in subsection (1) omit the definition of “executive leader”.

4

In section 106 (Wales: orders and regulations), in subsection (6) after “made under” insert “ section 11(9), ”.

5

(1) Schedule 1 (executive arrangements) is amended as follows.

(2) In paragraph 1(2), after “section 11(8)” insert “ and (8ZA) ”.

(3) In paragraph 2—

(a) after sub-paragraph (2) insert—

(2A) The executive arrangements must include provision under which two or more councillors may be elected by the authority to share office as executive leader; and references in any enactment to an executive leader include executive leaders elected by virtue of that provision.

;

(b) in sub-paragraph (3), after “section 11(8)” insert “ and (8ZA) ”.

(4) After paragraph 2 insert—

(2A) Executive arrangements by a local authority must include provision under which two or more councillors may be appointed to the executive to share office. (2B) (1) This paragraph applies where two or more councillors of a local authority are— (a) appointed to a mayor and cabinet executive to share office, (b) appointed to a leader and cabinet executive (Wales) to share office, or (c) elected to share office as executive leader of a leader and cabinet executive (Wales). (2) The members of the executive who share the same office have between them one vote in respect of any matter on which they have a right to vote because they are a member of the executive. (3) Where any meeting is attended by more than one of the members who share the same office and those members are attending in their capacity as a member of the executive, they together count only as one person for the purpose of determining whether the meeting is quorate.

Local Government and Public Involvement in Health Act 2007 (c. 28)

6

(1) The Local Government and Public Involvement in Health Act 2007 is amended as follows.

(2) In section 62 (executive arrangements), omit subsection (8).

(3) In Schedule 3 (amendments), omit paragraph 26.

Localism Act 2011 (c. 20)

7

In Schedule 3 to the Localism Act 2011 (minor and consequential amendments), omit paragraph 11(7).

SCHEDULE 8

Local Government Act 2000 (c. 22)

1

The 2000 Act is amended as follows.

2

In section 69 (investigations by the Public Services Ombudsman for Wales), after subsection (5) insert—

(6) Sections 69A to 69E apply in relation to the exercise of the functions of the Public Services Ombudsman for Wales under this section.

3

After section 69 of the 2000 Act insert—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.