Local Government and Elections (Wales) Act 2021

(69A) (1) If subsection (2) or (4) applies in a case involving a member or co-opted member (or former member or co-opted member) of a relevant authority, the Public Services Ombudsman for Wales (“the Ombudsman”) must exercise the power in paragraph 14 of Schedule 1 to the Public Services Ombudsman (Wales) Act 2019 to delegate— (a) the decision as to whether to investigate the case under section 69, and (b) any investigation of the case. (2) This subsection applies if at any time within the period of five years ending with the date mentioned in subsection (3) the Ombudsman was— (a) a member, (b) a member of a committee, sub-committee, joint committee or joint sub-committee, or (c) an officer, of the relevant authority concerned. (3) The date is— (a) if the case is within section 69(1)(a), the date on which the Ombudsman received the written allegation, or (b) if the case is within section 69(1)(b), the date on which the Ombudsman received the written allegation investigated under section 69(1)(a). (4) This subsection applies if the Ombudsman considers that the Ombudsman has, or is likely to have, an interest in the matters which may be investigated or the outcome of any investigation. (5) If subsection (4) applies the Ombudsman must disclose the nature of the interest to the person to whom any investigation under section 69 would or does relate, and to any person who has made an allegation as described in section 69(1)(a). (6) If the Ombudsman makes a decision as to whether to investigate a case, or investigates a case, in contravention of subsection (1), that contravention does not affect the validity of anything done by the Ombudsman. (69B) (1) If the Ombudsman conducts an investigation under section 69, the Ombudsman must give the person to whom the investigation relates an opportunity to comment on whether that person has failed to comply with the code of conduct of the relevant authority of which that person is or was a member or co-opted member. (2) An investigation must be conducted in private. (3) Subject to subsections (1) and (2), the procedure for conducting an investigation is that which the Ombudsman thinks appropriate in the circumstances of the case. (4) The Ombudsman may, among other things— (a) make any inquiries which the Ombudsman thinks appropriate; (b) determine whether any person may be represented in the investigation by an authorised person or another person. (5) In subsection (4) “authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act). (6) The Ombudsman may pay to the person (if any) who made an allegation as described in section 69(1)(a) and to any other person who attends or supplies information for the purposes of the investigation— (a) sums in respect of the expenses properly incurred by them, and (b) allowances to compensate for the loss of their time. (7) The Ombudsman may attach conditions to payments under subsection (6). (8) The carrying out of an investigation under section 69 does not affect— (a) the validity of any action taken by a relevant authority, or (b) any power or duty of a relevant authority to take further action in respect of any matter under investigation. (69C) (1) The Ombudsman may require a person the Ombudsman thinks is able to supply information or produce a document relevant to an investigation under section 69 to do so. (2) The Ombudsman has the same powers as the High Court in relation to— (a) the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad), and (b) the production of documents. (3) The Ombudsman may require a person the Ombudsman thinks is able to supply information or produce a document relevant to an investigation to provide any facility the Ombudsman may reasonably require. (4) The Ombudsman may require the relevant authority concerned to provide any facility the Ombudsman may reasonably require. (5) Subject to subsection (6), no person may be compelled to give any evidence or produce any document which the person could not be compelled to give or produce in civil proceedings before the High Court. (6) The Crown is not entitled to any privilege in relation to the production of documents or the giving of evidence that would otherwise be allowed by law in legal proceedings. (7) Where an obligation to maintain secrecy or other restriction on the disclosure of information obtained by or supplied to persons in Her Majesty's service has been imposed by an enactment or a rule of law, the obligation or restriction does not apply to the disclosure of information for the purposes of the investigation. (69D) (1) If the Ombudsman is satisfied that the condition in subsection (2) is met in relation to a person, the Ombudsman may issue a certificate to that effect to the High Court. (2) The condition is that the person— (a) without lawful excuse, has obstructed the discharge of any of the Ombudsman's functions under this Part, or (b) has done an act in relation to an investigation under section 69 which, if the investigation were proceedings in the High Court, would constitute contempt of court. (3) But the condition in subsection (2) is not met in relation to a person merely because that person has taken action such as is mentioned in section 69B(8). (4) If the Ombudsman issues a certificate under subsection (1), the High Court may inquire into the matter. (5) If the High Court is satisfied that the condition in subsection (2) is met in relation to the person, it may deal with that person in the same manner as it may deal with a person who has committed contempt in relation to the High Court. (69E) (1) This section applies to information obtained in the exercise of the Ombudsman's functions under this Part by— (a) the Ombudsman; (b) a member of the Ombudsman's staff or other person acting on the Ombudsman's behalf; (c) a person assisting the Ombudsman. (2) The information may be disclosed only— (a) for the purposes of the Ombudsman's functions under— (i) Chapter 3 or 4 of this Part; (ii) Part 3 or 5 of the Public Services Ombudsman (Wales) Act 2019; (b) for the purposes of the functions of the Adjudication Panel for Wales, including the functions of its President, Deputy President and tribunals, under Chapter 4 of this Part; (c) for the purposes of criminal proceedings or the investigation of a criminal offence; (d) if the disclosure is made to the Auditor General for Wales for the purposes of the Auditor General's functions under Part 2 of the Public Audit (Wales) Act 2004; (e) if the disclosure is made to the Electoral Commission for the purposes of any of its functions. (69F) The Welsh Ministers may by regulations amend this Chapter to make further or different provision about the exercise of the functions of the Public Services Ombudsman for Wales under section 69.

4

In section 70 (investigations: further provisions)—

• (a) omit subsections (1) and (2);

• (b) for the heading substitute “ Ceasing investigations etc. ”.

5

For section 74 (law of defamation) substitute—

(74) For the purposes of the law of defamation a publication of a matter is absolutely privileged if— (a) the publication is made in the exercise of the functions of the Ombudsman under Chapters 3 and 4 of this Part; (b) the publication— (i) is made in communications with the Ombudsman or a person exercising a function of the Ombudsman, and (ii) is made for the purposes of, or in connection with, the Ombudsman's functions under Chapters 3 and 4 of this Part.

6

In section 106(7) (Wales: orders and regulations), before “may not” insert “ or regulations under section 69F ”.

Government of Wales Act 2006 (c. 32)

7

In table 1 in paragraph 35(3) of Schedule 11 to the Government of Wales Act 2006 (transitional provisions), omit the entry for section 70(1) of the 2000 Act.

Localism Act 2011 (c. 20)

8

In Schedule 4 to the Localism Act 2011 (conduct of local government members: amendments), omit paragraph 38(2).

Social Services and Well-being (Wales) Act 2014 (anaw 4)

9

In Schedule 3 to the Social Services and Well-being (Wales) Act 2014 (minor and consequential amendments), omit paragraph 12.

Public Services Ombudsman (Wales) Act 2019 (anaw 3)

10

In Schedule 5 to the Public Services Ombudsman (Wales) Act 2019 (consequential amendments), omit paragraph 20.

SCHEDULE 9

PART 1 — Creation of strategic planning functions for certain corporate joint committees and repeal of powers to establish strategic planning panels etc.

Planning and Compulsory Purchase Act 2004 (c. 5)

1

The Planning and Compulsory Purchase Act 2004 is amended as follows.

2

In section 38(4) (development plan), for paragraph (b) substitute—

(b) any strategic development plan for an area that includes all or part of that area, and

.

3

Omit sections 60D to 60J (strategic planning panels and strategic development plans) and the cross-heading which precedes them.

4

Before the cross-heading which precedes section 61 insert—

(60K) In this Part, references to a corporate joint committee are to a corporate joint committee to which this Part applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021. (60L) (1) A corporate joint committee must keep under review the matters which may be expected to affect the development, or the planning of the development, of its area. (2) Subsections (2) to (5) of section 61 apply in relation to a corporate joint committee as they apply in relation to a local planning authority. (3) In subsections (2) to (5) of section 61 as they apply by virtue of subsection (2)— (a) references to a local planning authority are to be construed as references to a corporate joint committee; (b) references to a neighbouring area are to be construed as references to a neighbouring area which is the area of another corporate joint committee. (60M) (1) A corporate joint committee must prepare a plan for its area to be known as a strategic development plan. (2) The plan must set out— (a) the committee's objectives in relation to the development and use of land in its area; (b) the committee's policies for the implementation of those objectives. (3) The plan must be in general conformity with the National Development Framework for Wales. (4) The plan must specify the period for which it is to have effect. (5) The Welsh Ministers may by regulations make provision about— (a) the period that may be specified under subsection (4); (b) the form and content of the plan. (6) In preparing its plan the committee must have regard to— (a) current national policies; (b) the National Development Framework for Wales; (c) any strategic development plan for an area that adjoins the committee's area; (d) the local development plan for each area all or part of which is included in the committee's area; (e) the resources likely to be available for implementing the plan; (f) any other matters prescribed by the Welsh Ministers in regulations. (7) The committee must also— (a) carry out an appraisal of the sustainability of the plan; (b) prepare a report of the findings of the appraisal. (8) The appraisal must include an assessment of the likely effects of the plan on the use of the Welsh language in the area. (9) A plan is a strategic development plan only in so far as it is— (a) adopted by resolution of the corporate joint committee as its strategic development plan, or (b) approved by the Welsh Ministers under section 65 or 71 (as they apply by virtue of section 60N). (10) The plan ceases to be a strategic development plan on the expiry of the period specified under subsection (4). (60N) (1) The provisions specified in subsection (3) apply in relation to a strategic development plan as they apply in relation to a local development plan. (2) Accordingly, where a provision specified in subsection (3) confers power for the Welsh Ministers to make provision by regulations in respect of a local development plan, that power is also exercisable so as to make provision in respect of a strategic development plan prepared by a corporate joint committee. (3) The provisions are sections 63 to 68, 68A(1), 69 to 71, 73 and 75 to 77. (4) In those provisions as they apply by virtue of subsection (1)— (a) references to a local planning authority are to be construed as references to a corporate joint committee; (b) references to a local development plan are to be construed as references to a strategic development plan. (5) In section 64(5)(a) as it applies by virtue of this section, the reference to section 62 is to be construed as a reference to section 60M. (6) In section 77(2)(a) as it applies by virtue of this section, the reference to section 62(6) is to be construed as a reference to section 60M(7).

5

In section 62 (local development plan)—

• (a) in subsection (3A), in paragraph (b) omit “strategic planning”;

• (b) in subsection (5), in paragraph (ba) omit “strategic planning”.

6

In section 68A (duty to consider whether to review local development plan), in subsection (2), for “a strategic planning area, a local planning authority for an area all or part of which is included in the strategic planning area” substitute “ all or part of their area, a local planning authority ”.

7

In section 113 (validity of strategies, plans and documents)—

• (a) in subsection (9), in paragraph (ba)—

• (i) in sub-paragraph (i) for “60I” substitute “ 60M ”;

• (ii) in sub-paragraph (ii) for “60J” substitute “ 60N ”;

• (b) in subsection (11), in paragraph (ba), for “strategic planning panel” substitute “ corporate joint committee ”.

8

Omit Schedule 2A (strategic planning panels).

Planning (Wales) Act 2015 (anaw 4)

9

The Planning (Wales) Act 2015 is amended as follows.

10

Omit sections 4 to 6 and the cross-heading which precedes them.

11

Omit Schedule 1 (strategic planning panels).

12

In Schedule 2 (development planning: further amendments), omit the following—

• (a) paragraph 10(4) to (7);

• (b) paragraph 13;

• (c) paragraph 16(b);

• (d) paragraphs 17 to 19 and the cross-heading which precedes them;

• (e) paragraphs 20 to 22 and the cross-heading which precedes them;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) paragraph 32;

• (h) paragraph 34(3)(b).

Local Authorities (Goods and Services) Act 1970 (c. 39)

13

In section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies), in subsection (4), in the definition of “public body”, omit “any strategic planning panel established under section 60D of the Planning and Compulsory Purchase Act 2004,”.

Local Government Act 1972 (c. 70)

14

In section 80 of the Local Government Act 1972 (disqualifications for election and holding office as a member of local authority), omit subsection (2AB).

Welsh Development Agency Act 1975 (c. 70)

15

The Welsh Development Agency Act 1975 is amended as follows.

16

In section 21A (powers of land acquisition), in subsection (5), in paragraph (d), for “strategic planning panel in whose strategic planning” substitute “ corporate joint committee in whose ”.

17

In section 21C (powers to advise on land matters), in subsection (3), in paragraph (d)—

• (a) for “strategic planning panel” substitute “ corporate joint committee ”;

• (b) in the second place in which they appear, omit the words “strategic planning”.

18

In section 27 (interpretation), in subsection (1), in the appropriate place insert—

“corporate joint committee” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;

.

19

In Schedule 4 (acquisition of land)—

• (a) in Part 1 (compulsory acquisition), in paragraph 3A(d), for “strategic planning panel in whose strategic planning” substitute “ corporate joint committee in whose ”;

• (b) in Part 4 (other provisions), in paragraph 19(1), for “strategic planning panel” substitute “ corporate joint committee ”.

Wildlife and Countryside Act 1981 (c. 69)

20

The Wildlife and Countryside Act 1981 is amended as follows.

21

In section 27AA (sites of special scientific interest and limestone pavements: application of provisions in Wales)—

• (a) in subsection (2), in paragraph (b), for the words from “a strategic planning area” to the end substitute “ the area of a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 ”;

• (b) in subsection (3), for the words from “the strategic planning panel” to the end, substitute “ that corporate joint committee ”.

22

In section 37A (notification of designation of Ramsar sites), in subsection (2B)—

• (a) for “a strategic planning area designated under section 60D of the Planning and Compulsory Purchase Act 2004” substitute “ the area of a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 ”;

• (b) for “the strategic planning panel for that area” substitute “ that corporate joint committee ”.

Town and Country Planning Act 1990 (c. 8)

23

The Town and Country Planning Act 1990 is amended as follows.

24

In section 83 (making of simplified planning zone schemes), in subsection (3A), in paragraph (b)—

• (a) omit “strategic planning”;

• (b) for “sections 60I and 60J” substitute “ sections 60M and 60N ”.

25

In section 293A (urgent Crown development: application for planning permission), in subsection (9), in paragraph (aa), for “the strategic planning panel for any strategic planning” substitute “ any corporate joint committee for the ”.

26

• (1) Section 303A (responsibility of local planning authorities for costs of holding certain inquiries etc.) is amended as follows.

• (2) In subsection (2), for “or strategic planning panel” substitute “ or corporate joint committee ”.

• (3) In subsection (3)—

• (a) for “or strategic planning panel” substitute “ or corporate joint committee ”;

• (b) for “or panel” substitute “ or committee ”.

• (4) In subsection (6), for “or strategic planning panel” substitute “ or corporate joint committee ”.

• (5) In subsection (9A)—

• (a) after “local planning authority”, in the first place it occurs, insert “ or corporate joint committee ”;

• (b) in paragraph (a), after “local planning authority” insert “ or corporate joint committee ”.

27

In section 306 (contributions by local authorities and statutory undertakers), in subsection (2A)—

• (a) for “strategic planning panel” substitute “ corporate joint committee ”;

• (b) for the words from “60H” to the end substitute “ 60L of the Planning and Compulsory Purchase Act 2004 (corporate joint committees: area survey) ”.

28

In section 324 (rights of entry)—

• (a) subsection (1B) (as inserted by Schedule 2 to the Planning (Wales) Act 2015 (anaw 4)) is renumbered as subsection (1BA);

• (b) in that subsection, for “strategic planning panel” substitute “ corporate joint committee ”.

29

In section 336 (interpretation), in subsection (1)—

• (a) in the appropriate place insert—

“corporate joint committee” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;

;

• (b) omit the definition of “strategic planning panel”.

Water Resources Act 1991 (c. 57)

30

In Schedule 6 to the Water Resources Act 1991 (orders relating to abstraction of small quantities and compulsory registration of protected rights), in paragraph 1—

• (a) in sub-paragraph (4)(a), for “strategic planning panel” substitute “ corporate joint committee ”;

• (b) in sub-paragraph (6), for paragraph (ba) substitute—

(ba) references to a corporate joint committee are to a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;

.

Coal Industry Act 1994 (c. 21)

31

The Coal Industry Act 1994 is amended as follows.

32

In section 39 (right to withdraw support from land: notice), in subsection (5), for the words “and any strategic planning panel established under section 60D of the Planning and Compulsory Purchase Act 2004” substitute “ and any corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 ”.

33

In section 41 (revocation of right to withdraw support), in subsection (6), in the definition of “planning authority” for the words “and any strategic planning panel established under section 60D of the Planning and Compulsory Purchase Act 2004” substitute “ and any corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 ”.

Environment Act 1995 (c. 25)

34

• (1) Section 66 of the Environment Act 1995 (National Park Management Plans) is amended as follows.

• (2) In subsection (7), in paragraph (a), for “and strategic planning panel” substitute “ and corporate joint committee ”.

• (3) For subsection (10) substitute—

(10) In this section “corporate joint committee” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.

Local Government Act 2000 (c. 22)

35

In section 83 of the Local Government Act 2000 (conduct of members and employees of local authorities in Wales: interpretation), omit subsection (9A).

Freedom of Information Act 2000 (c. 36)

36

In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: local government), omit paragraph 33A.

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

37

In section 85 of the Countryside and Rights of Way Act 2000 (areas of outstanding natural beauty: general duty of public bodies etc.), in subsection (3), in the definition of “public body” omit paragraph (d) (as inserted by paragraph 21 of Schedule 2 to the Planning (Wales) Act 2015 (anaw 4), which incorrectly purported to insert that paragraph into subsection (2)).

Finance Act 2003 (c. 14)

38

In section 66 of the Finance Act 2003 (stamp duty land tax; exemption for transfers involving public bodies), in subsection (4), under the heading “Other planning authorities” omit the entry— “ A strategic planning panel established under section 60D of the Planning and Compulsory Purchase Act 2004. ”.

Planning and Energy Act 2008 (c. 21)

39

The Planning and Energy Act 2008 is amended as follows.

40

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

41

In section 2 (interpretation)—

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

• (b) omit the definition of “strategic planning panel”.

Marine and Coastal Access Act 2009 (c. 23)

42

• (1) Paragraph 1 of Schedule 6 to the Marine and Coastal Access Act 2009 (marine plans: preparation and adoption) is amended as follows.

• (2) In sub-paragraph (2), in paragraph (f), for “strategic planning panel whose strategic planning” substitute “ corporate joint committee whose ”.

• (3) In sub-paragraph (3)—

• (a) in the appropriate place insert—

“corporate joint committee” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;

;

• (b) omit the definition of “strategic planning panel”.

Equality Act 2010 (c. 15)

43

In Part 2 of Schedule 19 to the Equality Act 2010 (public authorities subject to public sector equality duty: relevant Welsh authorities), under the sub-heading “Local government”, omit the entry— “ A strategic planning panel established under section 60D of the Planning and Compulsory Purchase Act 2004. ”

Welsh Language (Wales) Measure 2011 (nawm 1)

44

• (1) Schedule 6 to the Welsh Language (Wales) Measure 2011 (persons liable to be required to comply with standards: public bodies etc.) is amended as follows.

• (2) In the table, under the heading “LOCAL GOVERNMENT ETC.”, omit the entry for strategic planning panels.

• (3) In paragraph 2, omit the definition of “strategic planning panel”.

Local Government (Wales) Measure 2011 (nawm 4)

45

In section 144 of the Local Government (Wales) Measure 2011 (payments and pensions: relevant authorities, members etc.), in subsection (2), omit paragraph (da).

Environment (Wales) Act 2016 (anaw 3)

46

In section 6 of the Environment (Wales) Act 2016 (biodiversity and resilience of ecosystems duty)—

• (a) in subsection (9), in the definition of “public authority”, in paragraph (e)—

• (i) for “authority,” substitute “ authority and ”;

• (ii) omit “and a strategic planning panel”;

• (b) in subsection (10), omit the definition of “strategic planning panel”.

Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1)

47

In the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017, in Schedule 20 (relief for acquisitions by public bodies and health bodies), omit paragraph 1(4)(k).

Public Services Ombudsman (Wales) Act 2019 (anaw 3)

48

In Schedule 3 to the Public Services Ombudsman (Wales) Act 2019 (listed authorities), under the sub-heading “Local government, fire and police”, omit the entry— “ A strategic planning panel. ”

PART 2 — Repeal of power to establish joint transport authorities

Transport (Wales) Act 2006 (c. 5)

49

In the Transport (Wales) Act 2006—

• (a) omit section 5 (power to establish joint transport authorities);

• (b) in section 6 (financial assistance: local transport functions), in subsection (1) omit paragraph (a), and the “and” which follows it.

Government of Wales Act 2006 (c. 32)

50

In table 1 in paragraph 35(3) of Schedule 11 to the Government of Wales Act 2006 (transitional provisions), omit the entry for section 5(1) of the Transport (Wales) Act 2006.

SCHEDULE 10

Local Government (Wales) Measure 2011 (nawm 4)

1

The 2011 Measure is amended as follows.

2

In the title of Chapter 2 of Part 6, before “AUDIT COMMITTEES” insert “ GOVERNANCE AND ”.

3

In section 81 (local authorities to appoint audit committees)—

• (a) in subsection (2), after “its ”insert “ governance and ”;

• (b) in subsection (3), for “an” substitute “ a governance and ”;

• (c) in the heading, after “appoint” insert “ governance and ”.

4

In section 82 (membership)—

• (a) in subsection (1), after “of its” insert “ governance and ”;

• (b) in subsection (2)—

• (i) in paragraph (a) for “its audit committee” substitute “ that committee ”;

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) in paragraph (c) for “its audit committee” substitute “ that committee ”;

• (iv) in paragraph (d) for “its audit committee” substitute “ that committee ”;

• (c) in subsection (3), after “local authority's” insert “ governance and ”;

• (d) in subsection (4), for “an” substitute “ a governance and ”;

• (e) in subsection (5), for “an” substitute “ a governance and ”;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) in subsection (7), for “An” substitute “ A governance and ”.

5

In section 83 (proceedings etc.)—

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

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

• (c) in subsection (3), for “an” substitute “ a governance and ”;

• (d) in subsection (4), for “An” substitute “ A governance and ”;

• (e) in subsection (7), for “An” substitute “ A governance and ”.

6

In section 84 (frequency of meetings)—

• (a) in subsection (1), for “An” substitute “ A governance and ”;

• (b) in subsection (2), after “The” insert “ governance and ”;

• (c) in subsection (3), for “an” substitute “ a governance and ”;

• (d) in subsection (4), for “an” substitute “ a governance and ”.

7

In section 85 (guidance)—

• (a) in subsection (1)—

• (i) in paragraph (a) after “functions of” insert “ governance and ”;

• (ii) in paragraph (b) for “audit” substitute “ such ”;

• (b) in subsection (2), after “and its” insert “ governance and ”.

8

In section 86 (termination of membership)—

• (a) in subsection (1), in paragraph (a) for “an” substitute “ a governance and ”;

• (b) in subsection (2), after “member of the” in the second place it occurs insert “ governance and ”;

• (c) in subsection (4), after “or the” insert “ governance and ”.

9

In section 87 (interpretation etc.), in subsection (2) omit the definition of “audit committee”.

This Act

10

In this Act, omit paragraph 7(4) of Schedule 11.

SCHEDULE 11

PART 1 — Merging councils

Transition committees for merging councils

1

• (1) Merging councils must establish a transition committee immediately after making a merger application.

• (2) References to a transition committee in this Part of this Schedule are to a transition committee established under sub-paragraph (1).

Membership of transition committees for merging councils

2

• (1) A transition committee must consist of an equal number of members, not being less than 5, of each of the merging councils.

• (2) The members of a merging council who are to be members of the transition committee must be appointed by the merging council.

• (3) The number of members of the committee to be appointed by each of the merging councils is the number agreed by the merging councils or, in default of agreement, determined by the Welsh Ministers.

• (4) One of the members of the committee appointed by a merging council must be the merging council's senior executive member.

• (5) If not already appointed under sub-paragraph (4), the executive member of a merging council with responsibility for finance must also be appointed as a member of the committee.

• (6) A transition committee may co-opt additional persons to serve as members of the committee but they may not vote.

• (7) A transition committee is to be treated for the purposes of paragraph 1 of Schedule 1 to the Local Government and Housing Act 1989 (c. 42) (political balance on local authority committees) as a body falling within paragraph 2 of that Schedule.

• (8) In this paragraph “senior executive member” means—

• (a) in the case of a council operating a leader and cabinet executive, the executive leader;

• (b) in the case of a council operating a mayor and cabinet executive, the elected mayor.

Functions of transition committees for merging councils

3

• (1) A transition committee must provide to the merging councils, and to the shadow council for the new principal area, advice and recommendations for—

• (a) facilitating the economic, effective and efficient transfer of functions, staff and property rights and liabilities from the merging councils to the new principal council,

• (b) ensuring that the new principal council and its staff are in a position to perform the new principal council's functions effectively as from the time when it assumes them, and

• (c) any other purposes that the Welsh Ministers may specify in a direction to the transition committee.

• (2) A transition committee must also give advice and recommendations to the Welsh Ministers on any matter that the Welsh Ministers specify in a direction to the committee.

PART 2 — Restructuring councils

Transition committees for restructuring councils

4

• (1) After giving notice as described in section 129(6), the Welsh Ministers may direct two or more restructuring councils to establish a transition committee.

• (2) The Welsh Ministers may specify in a direction under sub-paragraph (1) the functions and membership of a transition committee established in accordance with the direction.

PART 3 — Transition committees of merging councils and restructuring councils

Sub-committees of transition committees for merging councils or restructuring councils

5

• (1) A transition committee may establish one or more sub-committees.

• (2) The function of a sub-committee of a transition committee is to advise the transition committee on matters referred to the sub-committee by the transition committee.

• (3) The membership of a sub-committee of a transition committee is to be determined by the transition committee.

• (4) If a transition committee appoints as a member of a sub-committee a person who is not a member of one of the merging councils or restructuring councils, that person may not vote.

Provision of funding, facilities and information etc. to transition committees for merging councils or restructuring councils

6

• (1) The merging councils or restructuring councils must meet the costs of a transition committee in the proportions which they agree or, in default of agreement, which are determined by the Welsh Ministers.

• (2) The merging councils or restructuring councils must provide to a transition committee the facilities and resources (including staff), information and documents reasonably requested by the transition committee (or any sub-committee of the transition committee) in order to enable it to exercise its functions.

Transition committees for merging councils or restructuring councils: further provision

7

• (1) The Welsh Ministers may direct a transition committee to exercise its functions in accordance with the direction.

• (2) Neither a governance and audit committee nor an overview and scrutiny committee of a merging council or restructuring council may exercise any of its functions in relation to anything done by a transition committee; and for this purpose—

• “governance and audit committee” (“pwyllgor llywodraethu ac archwilio”) has the meaning given by section 81 of the 2011 Measure;

• “overview and scrutiny committee” (“pwyllgor trosolwg a chraffu”) has the meaning given by section 21(1) of the 2000 Act.

• (3) In this Part of this Schedule—

• (a) “transition committee” means a transition committee established in accordance with paragraph 1 or by virtue of paragraph 4;

• (b) a reference to a merging council in relation to a transition committee is to a merging council by which the transition committee is established;

• (c) a reference to a restructuring council in relation to a transition committee is to a restructuring council by which the transition committee is established.

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

SCHEDULE 12

Restraining transactions and recruitment etc. by direction

1

• (1) After receiving a merger application or after giving notice as described in section 129(6), the Welsh Ministers may direct a merging council or restructuring council that—

• (a) the council must not carry out a restricted activity unless it has considered the opinion of a specified person or persons on the appropriateness of carrying out the activity;

• (b) the council must not carry out a restricted activity unless the written consent of a specified person or persons has been given for the activity to be carried out.

• (2) The restricted activities are—

• (a) making a relevant land acquisition or disposal;

• (b) entering into a relevant contract or agreement;

• (c) making a relevant capital acquisition;

• (d) giving a relevant grant or other financial assistance;

• (e) making a relevant loan;

• (f) including an amount of financial reserves in a calculation under section 32 of the Local Government Finance Act 1992 (c. 14);

• (g) starting the process of recruiting (including by way of internal recruitment)—

• (i) a non-statutory chief officer mentioned in section 2(7) of the Local Government and Housing Act 1989 (c. 42);

• (ii) a deputy chief officer mentioned in section 2(8) of that Act.

• (3) The Welsh Ministers may direct a merging council or restructuring council seeking to appoint or designate a person to a restricted post (including from among its existing officers) to comply with specified requirements about the appointment or designation.

• (4) “Restricted post”, in relation to a merging council or restructuring council, means—

• (a) its chief executive appointed under section 54;

• (b) its monitoring officer designated under section 5(1) of the Local Government and Housing Act 1989;

• (c) a statutory chief officer mentioned in section 2(6) of that Act;

• (d) its head of democratic services designated under section 8(1) of the 2011 Measure.

• (5) A merging council or restructuring council given a direction under sub-paragraph (1) must—

• (a) provide details of any proposal to carry out a restricted activity to any person or persons specified for the purpose of sub-paragraph (1)(a) or (b) in respect of that activity;

• (b) provide the Welsh Ministers with details of a proposal to appoint or designate a person to a restricted post where any requirements apply in relation to the appointment or designation by virtue of a direction under sub-paragraph (3).

• (6) If an opinion given for the purposes of sub-paragraph (1)(a) is that it would not be appropriate for a merging council or restructuring council to carry out a restricted activity but the council decides to carry it out, the council must publish its reasons for making that decision.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) A direction given under this paragraph takes effect from the date specified.

• (9) In this paragraph, “specified” means specified in a direction given under this paragraph.

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

Directions under paragraph 1: supplementary

2

• (1) This paragraph applies in relation to a direction under paragraph 1.

• (2) A person specified in the direction as a person whose opinion or consent is required may be such authority or other person as the Welsh Ministers consider appropriate, and this may include the Welsh Ministers, any transition committee (as to which, see Schedule 11) and any shadow council.

• (3) A direction may specify different persons—

• (a) in relation to different matters for which an opinion or consent is required;

• (b) in relation to different merging councils or restructuring councils.

• (4) A direction may specify, in relation to the same restricted activity, different requirements in respect of transactions of different values and in respect of different periods of time.

• (5) A direction may specify, in relation to the recruitment of a non-statutory chief officer or deputy chief officer—

• (a) different requirements in respect of different levels of proposed remuneration;

• (b) different requirements in respect of different descriptions of officer.

• (6) An opinion or consent for the purposes of a direction may be given in respect of a particular transaction or transactions of any description.

• (7) Any consent for the purposes of a direction may be given unconditionally or subject to conditions.

• (8) For the purposes of a direction relating to the recruitment of a non-statutory chief officer or deputy chief officer, an opinion given, or conditions to which a consent is subject, may in particular relate to—

• (a) the remuneration to be provided to a recruited person;

• (b) the duration of an appointment.

• (9) Any enactments relating to acquisitions or disposals, entering into contracts or agreements, giving grants or other financial assistance, making loans, or the recruitment or appointment of persons by merging councils or restructuring councils have effect subject to any direction.

• (10) Consent required by a direction is in addition to any consent required by any of those enactments.

Directions under paragraph 1: further provision about reserves

3

• (1) A direction under paragraph 1—

• (a) may provide that the opinion or consent of the person or persons specified in the direction is not required for the inclusion, in a calculation under section 32 of the Local Government Finance Act 1992 (c. 14), of financial reserves of a description specified in the direction;

• (b) may, in relation to a merging council or restructuring council, provide that an opinion or consent is not required for the inclusion in such a calculation of an amount of financial reserves not exceeding an amount specified in or determined under the direction.

• (2) If a direction contains provision by virtue of sub-paragraph (1), the reference in paragraph 1(2)(f) to an amount of financial reserves is to be read as a reference to an amount of financial reserves other than an amount permitted by the direction.

Directions under paragraph 1(3): supplementary

4

• (1) This paragraph applies in relation to a direction under paragraph 1(3).

• (2) A direction may specify different requirements for different descriptions of post.

• (3) Requirements imposed on a merging council or restructuring council by a direction may, in particular, relate to—

• (a) the remuneration to be provided to an appointed or designated person;

• (b) the duration of an appointment or designation.

• (4) Any enactments relating to the recruitment, designation or appointment of persons by merging councils or restructuring councils have effect subject to any direction.

Directions: consequences of contravention

5

• (1) An acquisition or disposal made in contravention of a direction given under paragraph 1 is void.

• (2) A contract (including a contract for employment) or agreement entered into in contravention of a direction given under paragraph 1 is unenforceable.

• (3) A grant or other financial assistance given, or a loan made, in contravention of a direction given under paragraph 1 is repayable.

• (4) If a merging council or restructuring council includes financial reserves in a calculation under section 32 of the Local Government Finance Act 1992 (c. 14) in contravention of a direction given under paragraph 1, the council is to be treated for the purposes of section 30(8) of that Act as not having made the calculations required by Chapter 3 of Part 1 of that Act.

Interpretation of paragraphs 1 and 7

6

• (1) In paragraphs 1 and 7, “relevant land acquisition or disposal” means the acquisition or disposal of land where the consideration for the acquisition or disposal exceeds £150,000.

• (2) In sub-paragraph (1), the reference to the acquisition or disposal of land includes—

• (a) the acquisition or grant or disposal of any interest in land,

• (b) entering into a contract to acquire or dispose of land or to acquire or grant or dispose of any interest in land, and

• (c) acquiring or granting an option to acquire any land or any interest in land.

• (3) In paragraphs 1 and 7, “relevant contract or agreement” means—

• (a) any contract, other than a capital contract, under which the consideration exceeds £150,000 where—

• (i) the period of the contract extends beyond the transfer date, or

• (ii) under the terms of the contract, that period may be extended beyond the transfer date,

• (b) any capital contract under which the consideration exceeds £500,000, or

• (c) any framework agreement within the meaning of regulation 33(2) of the Public Contracts Regulations 2015 (S.I. 2015/102) where—

• (i) the period of the framework agreement extends beyond the transfer date, or

• (ii) under the terms of the framework agreement, that period may be extended beyond the transfer date.

• (4) In sub-paragraph (3), “capital contract” means a contract in respect of which the consideration payable by the merging council or restructuring council is expenditure which is capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (c. 26) (capital finance; see section 16 of that Act).

• (5) In paragraphs 1 and 7, “relevant capital acquisition” means an acquisition of share capital or loan capital in any body corporate in respect of which the consideration exceeds £500,000, other than an acquisition of loan capital where—

• (a) the acquisition of the loan capital is an investment for the purposes of the prudent management of the financial affairs of the merging council or restructuring council, and

• (b) the investment is admitted to—

• (i) the official list (within the meaning of the Financial Services and Markets Act 2000 (c. 8); see section 103(1) of that Act), or

• (ii) an equivalent list maintained by an authority of an EEA State.

• (6) In paragraphs 1 and 7, “relevant grant or other financial assistance” means a grant or other financial assistance (other than a loan) of more than £150,000.

• (7) In paragraphs 1 and 7, “relevant loan” means a loan of more than £150,000 where—

• (a) the period of the loan extends beyond the transfer date, or

• (b) under the terms of the loan, that period may be extended beyond the transfer date.

• (8) The Welsh Ministers may by regulations substitute a different figure for that for the time being set out in sub-paragraph (1), (3)(a) or (b), (5), (6) or (7).

Determining whether financial limits have been exceeded

7

• (1) For the purpose of making a determination as to whether a land acquisition or disposal is a relevant land acquisition or disposal, the consideration for the acquisition or disposal in question is to be treated as including the consideration for any other land acquisition or disposal that—

• (a) is made by the merging council or restructuring council either—

• (i) after the relevant date but before the acquisition or disposal in question, or

• (ii) on the same day as that acquisition or disposal, and

• (b) relates to the same or a similar description of matter as that acquisition or disposal.

• (2) For the purpose of making a determination as to whether a contract or agreement is a relevant contract or agreement, the consideration under the contract or agreement in question is to be treated as including the consideration under any other contract or agreement that—

• (a) is entered into by the merging council or restructuring council either—

• (i) after the relevant date but before the contract or agreement in question, or

• (ii) on the same day as that contract or agreement, and

• (b) relates to the same or a similar description of matter as that contract or agreement.

• (3) For the purpose of making a determination as to whether the acquisition of share capital or loan capital in a body corporate is a relevant capital acquisition, the consideration in respect of the capital acquisition in question is to be treated as including the consideration in respect of any other acquisition of share capital or loan capital (other than an acquisition of loan capital where the conditions set out in paragraphs (a) and (b) of paragraph 6(5) are met) that—

• (a) is made by the merging council or restructuring council either—

• (i) after the relevant date but before the capital acquisition in question, or

• (ii) on the same day as that capital acquisition, and

• (b) is made in the same body corporate as that capital acquisition.

• (4) For the purpose of making a determination as to whether a grant or other financial assistance (other than a loan) is a relevant grant or other financial assistance the amount of the grant or financial assistance in question is to be treated as including the amount of any other grant or financial assistance (other than a loan) that—

• (a) is given by the merging council or restructuring council either—

• (i) after the relevant date but before the grant or financial assistance in question, or

• (ii) on the same day as that grant or financial assistance, and

• (b) is given to the same person as that grant or financial assistance.

• (5) For the purpose of making a determination as to whether a loan is a relevant loan, the amount of the loan in question is to be treated as including the amount of any other loan that—

• (a) is given by the merging council or restructuring council either—

• (i) after the relevant date but before the loan in question, or

• (ii) on the same day as that loan, and

• (b) is given to the same person as that loan.

• (6) In this paragraph—

• “contract or agreement” (“contract neu gytundeb”) (other than in “relevant contract or agreement”, as to which see paragraph 6(3)) means—any contract, other than a capital contract, where—the period of the contract extends beyond the transfer date, orunder the terms of the contract, that period may be extended beyond the transfer date;any capital contract (within the meaning of paragraph 6(4));any framework agreement within the meaning of regulation 33(2) of the Public Contracts Regulations 2015 (S.I. 2015/102) where—the period of the framework agreement extends beyond the transfer date, orunder the terms of the framework agreement, that period may be extended beyond the transfer date;

• “land acquisition or disposal” (“caffaeliad neu warediad tir”) includes the things set out in paragraph 6(2);

• “loan” (“benthyciad”) (other than in “relevant loan”) means a loan where—the period of the loan extends beyond the transfer date, orunder the terms of the loan, that period may be extended beyond the transfer date;

• “the relevant date” (“y dyddiad perthnasol”) means—the date on which the Welsh Ministers receive the merger application, orthe date on which notice is given as described in section 129(6).

Financial limits: further provision

8

• (1) Where the consideration, or any of the consideration, in respect of a transaction is not in money, the limits set out in paragraph 6 apply to the value of the consideration.

• (2) Where, in determining whether a limit set out in paragraph 6 is exceeded, a question arises as to the value of the consideration in relation to a transaction and the persons concerned fail to reach agreement, for the purposes of the determination the question is to be decided by the Welsh Ministers.

Guidance in relation to transactions, recruitment etc.

9

• (1) A person specified in a direction under paragraph 1 must have regard to any guidance issued by the Welsh Ministers (and see section 146 in relation to guidance issued to principal councils)—

• (a) as to the operation of paragraphs 1 to 8;

• (b) in relation to any direction given under paragraph 1;

• (c) on carrying out restricted activities;

• (d) on appointing and designating persons to restricted posts.

• (2) For the purposes of sub-paragraph (1), “restricted activities” and “restricted posts” are to be interpreted in accordance with paragraph 1.

SCHEDULE 13

Local Government Act 1972 (c. 70)

1

The 1972 Act is amended as follows.

2

Omit sections 33B and 33C (principal council's response to a poll demanded at a community meeting).

3

In section 150(7) (expenses of polls)—

• (a) omit, in the second place it occurs, “or community”;

• (b) after “meeting”, in the second place it occurs, insert “ or of a community governance poll (as to which, see paragraph 34(8) of Schedule 12) ”.

4

In section 243(3) (computation of time)—

• (a) omit “or community”;

• (b) after “meeting” insert “ or a community governance poll (as to which, see paragraph 34(8) of Schedule 12) ”.

5

In Schedule 12, omit paragraphs 26A and 29A (response by community council to community poll).

6

• (1) In Schedule 12, paragraph 34 (the making of decisions by community meetings) is amended as follows.

• (2) In sub-paragraph (1), for “poll consequent thereon” substitute “ community governance poll ”.

• (3) In sub-paragraph (2)—

• (a) omit “, in the first instance,”;

• (b) omit “unless a poll is demanded”.

• (4) Omit sub-paragraph (4).

• (5) For sub-paragraphs (5) and (6) substitute—

(5) The Welsh Ministers may by regulations make provision about the conduct of community governance polls. (6) Regulations under sub-paragraph (5) may apply any enactment relating to elections or referendums (with or without modifications) to community governance polls. (7) A statutory instrument containing regulations under sub-paragraph (5) is subject to annulment in pursuance of a resolution of Senedd Cymru.

• (6) At the end of paragraph 34 insert—

(8) In this Part of this Schedule, “community governance poll” means a poll held on a proposal of a kind mentioned in section 27A, 27C, 27E, 27G, 27I or 27K.

7

In paragraph 37 of Schedule 12 (lending of ballot boxes etc.), in sub-paragraph (1) for “poll consequent on a community meeting” substitute “ community governance poll ”.

8

In paragraph 38 of Schedule 12 (offences) for “poll consequent on a community meeting” substitute “ community governance poll ”.

9

In Schedule 12, omit paragraphs 38A and 38B (notification of principal council of result of poll consequent on a community meeting).

Local Government and Housing Act 1989 (c. 42)

10

In the Local Government and Housing Act 1989, in section 5 omit subsection (8B) (functions of monitoring officers in relation to polls consequent on a community meeting).

Local Government (Wales) Measure 2011 (nawm 4)

11

In the 2011 Measure, omit sections 93 to 99.

This Act

12

In this Act, omit paragraph 1(8) of Schedule 2 (amendment of paragraph 34 of Schedule 12 to the 1972 Act).

SCHEDULE 14

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

1

• (1) The Well-being of Future Generations (Wales) Act 2015 is amended as follows.

• (2) In section 1 (overview), in subsection (4)(f) after “collaborate” insert “ , and to demerge ”.

• (3) In section 37 (local well-being assessments), in subsection (2) omit “(6) or”.

• (4) In section 39 (local well-being plans)—

• (a) omit subsection (6);

• (b) in subsection (7)—

• (i) for “Subsequently, each” substitute “ Each ”;

• (ii) for “subsequent ordinary election under that section” substitute “ ordinary election under section 26 of the Local Government Act 1972 (c. 70) ”.

• (5) In the heading of section 47, for “Merging” substitute “ Merger and demerger of ”.

• (6) In section 49 (directions)—

• (a) in subsection (1)—

• (i) after “or” insert “ (8) or section ”;

• (ii) after “public services” insert “ board or ”;

• (b) after subsection (2) insert—

(3) The Welsh Ministers may vary or revoke such a direction.

;

• (c) in the heading, after “merge” insert “ , demerge ”.

• (7) In section 55 (interpretation), in the definition of “local well-being plan” for “or amended and published as amended under section 44(5)” substitute “ , 44(5) or 47(6) or (11) ”.

• (8) In Schedule 3 (further provision about public services boards), in paragraph 6(3) (sub-groups)—

• (a) in paragraph (h), after “44” insert “ or 47 ”;

• (b) in paragraph (i), after sub-paragraph (i) (and before the “or” which follows it) insert—

(ia) if the board is a merged board under section 47, demerges or partially demerges under section 47(7),

.

Local Government Act 2000 (c. 22)

2

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

Education Act 2002 (c. 32)

3

In the Education Act 2002, in section 21(9)(b) (relevant children and young people's plan) for “or 44(5)” substitute “ , 44(5) or 47(6) or (11) ”.

Planning and Compulsory Purchase Act 2004 (c. 5)

4

In the Planning and Compulsory Purchase Act 2004, in section 62(7) (local development plan) for “or 44(5)” substitute “ , 44(5) or 47(6) or (11) ”.

Children Act 2004 (c. 31)

5

In the Children Act 2004, in section 25(9A) (co-operation to improve well-being) for “or 44(5)” substitute “ , 44(5) or 47(6) or (11) ”.

Children and Families (Wales) Measure 2010 (nawm 1)

6

• (1) The Children and Families (Wales) Measure 2010 is amended as follows.

• (2) In section 4(1) (strategies prepared by local authorities), for “or 44(5)” substitute “ , 44(5) or 47(6) or (11) ”.

• (3) In section 5(5) (strategies prepared by other authorities), for “or 44(5)” substitute “ , 44(5) or 47(6) or (11) ”.

Mental Health (Wales) Measure 2010 (nawm 7)

7

In the Mental Health (Wales) Measure 2010, in section 2(2A) (joint schemes for the provision of local primary mental health support services) for “or 44(5)” substitute “ , 44(5) or 47(6) or (11) ”.

Social Services and Well-being (Wales) Act 2014 (anaw 4)

8

In the Social Services and Well-being (Wales) Act 2014, in section 14A (plans following assessment of needs)—

• (a) in subsection (3), for “or 44(5)” substitute “ , 44(5) or 47(6) or (11) ”;

• (b) in subsection (5), after “merging” insert “ and demerging ”.

Violence Against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3)

9

In the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015, in section 5(5A) (publication of local strategies) for “or 44(5)” substitute “ , 44(5) or 47(6) or (11) ”.

Extension of right to vote in local government elections

Duty to promote awareness and provide assistance

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

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

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

Registration of local government electors without application

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

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

Boundaries of the general power

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

Attendance at local authority meetings

Chief executives

Appointment of assistants to executive

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

Membership of governance and audit committee

Consultation before making merger application

Other consequential etc. provision

Community council training plans

Guidance about collaborative working

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

Merger applications

Merger applications

Guidance

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

Removal of power to provide for imprisonment of council tax debtors

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

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

Combined fire and rescue authorities: inquiries

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

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

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

Abolition of polls consequent on a community meeting

Directions under section 48 of the 2013 Act

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

Performance and governance of fire and rescue authorities

Interpretation

Interpretation

Initial reviews

“Area under review”

Other terms used in this Schedule

Directions and guidance to Commission

Conduct of initial review

Pre-review procedure

Investigation and interim report

Final report

Power to make regulations where recommendations are made

Power to make regulations where no recommendations are made

Regulations under paragraph 9 or 10: supplementary

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

Delegation by the Commission of functions under this Schedule

Orders under Part 3 of the Democracy and Boundary Commission Cymru etc. Act 2013 (anaw 4)

Local Government Act 1972 (c. 70)

Representation of the People Act 1983 (c. 2)

Representation of the People Act 1985 (c. 50)

Parliamentary Constituencies Act 1986 (c. 56)

Local Government and Housing Act 1989 (c. 42)

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

Environment Act 1995 (c. 25)

Representation of the People Act 2000 (c. 2)

Local Government Act 2000 (c. 22)

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

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

Government of Wales Act 2006 (c. 32)

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

Local Government (Wales) Measure 2011 (nawm 4)

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

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

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

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

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

Local Government Act 2000 (c. 22)

Local Government Act 2003 (c. 26)

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

Local Government (Wales) Measure 2009 (nawm 2)

Local Government (Wales) Measure 2011 (nawm 4)

Localism Act 2011 (c. 20)

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

This Act

Local Government Act 1972 (c. 70)

Local Government Act 2000 (c. 22)

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

Local Government Act 2003 (c. 26)

Local Government (Wales) Measure 2011 (nawm 4)

Localism Act 2011 (c. 20)

This Act

Notices of local authority meetings

Copies and publication of documents relating to meetings of local authorities

Application to committees and sub-committees

Application and interpretation

Publication of public notices given by local authorities

Electronic service of summonses on members to attend local authority meetings

Venue for community council meetings

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

Saving provision

Attendance at local authority meetings: amendments consequential on section 47

Local Government Act 1972 (c. 70)

Local Government Finance Act 1988 (c. 41)

Local Government and Housing Act 1989 (c. 42)

Local Government (Wales) Measure 2011 (nawm 4)

Police Reform and Social Responsibility Act 2011 (c. 13)

Localism Act 2011 (c. 20)

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)

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

This Act

Local Government Act 1972 (c. 70)

Pilotage Act 1987 (c. 21)

Local Government Finance Act 1992 (c. 14)

Local Government Act 2000 (c. 22)

Local Government (Wales) Measure 2011 (nawm 4)

Local Government Act 2000 (c. 22)

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

Localism Act 2011 (c. 20)

Local Government Act 2000 (c. 22)

Government of Wales Act 2006 (c. 32)

Localism Act 2011 (c. 20)

Social Services and Well-being (Wales) Act 2014 (anaw 4)

Public Services Ombudsman (Wales) Act 2019 (anaw 3)

Planning and Compulsory Purchase Act 2004 (c. 5)

Planning (Wales) Act 2015 (anaw 4)

Local Authorities (Goods and Services) Act 1970 (c. 39)

Local Government Act 1972 (c. 70)

Welsh Development Agency Act 1975 (c. 70)

Wildlife and Countryside Act 1981 (c. 69)

Town and Country Planning Act 1990 (c. 8)

Water Resources Act 1991 (c. 57)

Coal Industry Act 1994 (c. 21)

Environment Act 1995 (c. 25)

Local Government Act 2000 (c. 22)

Freedom of Information Act 2000 (c. 36)

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

Finance Act 2003 (c. 14)

Planning and Energy Act 2008 (c. 21)

Marine and Coastal Access Act 2009 (c. 23)

Equality Act 2010 (c. 15)

Welsh Language (Wales) Measure 2011 (nawm 1)

Local Government (Wales) Measure 2011 (nawm 4)

Environment (Wales) Act 2016 (anaw 3)

Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1)

Public Services Ombudsman (Wales) Act 2019 (anaw 3)

Transport (Wales) Act 2006 (c. 5)

Government of Wales Act 2006 (c. 32)

Local Government (Wales) Measure 2011 (nawm 4)

This Act

Transition committees for merging councils

Membership of transition committees for merging councils

Functions of transition committees for merging councils

Transition committees for restructuring councils

Sub-committees of transition committees for merging councils or restructuring councils

Provision of funding, facilities and information etc. to transition committees for merging councils or restructuring councils

Transition committees for merging councils or restructuring councils: further provision

Restraining transactions and recruitment etc. by direction

Directions under paragraph 1: supplementary

Directions under paragraph 1: further provision about reserves

Directions under paragraph 1(3): supplementary

Directions: consequences of contravention

Interpretation of paragraphs 1 and 7

Determining whether financial limits have been exceeded

Financial limits: further provision

Guidance in relation to transactions, recruitment etc.

Local Government Act 1972 (c. 70)

Local Government and Housing Act 1989 (c. 42)

Local Government (Wales) Measure 2011 (nawm 4)

This Act

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

Local Government Act 2000 (c. 22)

Education Act 2002 (c. 32)

Planning and Compulsory Purchase Act 2004 (c. 5)

Children Act 2004 (c. 31)

Children and Families (Wales) Measure 2010 (nawm 1)

Mental Health (Wales) Measure 2010 (nawm 7)

Social Services and Well-being (Wales) Act 2014 (anaw 4)

Violence Against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3)

Editorial notes

[^c24511241]: S. 2(1)(3) in force at 20.3.2021, see s. 175(3)(b) (subject to s.3)

[^c24511251]: S. 2(2) in force at 5.5.2022, see s. 175(5)

[^c24511271]: S. 23 in force at 20.3.2021 for specified purposes, see s. 175(3)(f)(7) (subject to s. 3)

[^c24511301]: S. 49 in force at 21.1.2021 for specified purposes, see s. 175(1)(c)(7)

[^c24512121]: S. 138(1)(a)(2) in force at 21.1.2021, see s. 175(1)(f)

[^c24512131]: S. 138(4)-(6) in force at 21.1.2021, see s. 175(1)(f)

[^c24512141]: S. 139(1) in force at 21.1.2021, see s. 175(1)(f)(2)

[^c24512151]: S. 139(3) in force at 21.1.2021 for specified purposes, see s. 175(1)(f)(2)(d)(ii)(7)

[^c24522231]: S. 140(1)(a) in force at 21.1.2021 for specified purposes, see s. 175(1)(f)(2)(e)(i)(7)

[^c24522241]: S. 140(1)(b)(c) in force at 21.1.2021, see s. 175(1)(f)(2)

[^c24522271]: S. 141(1)(2) in force at 21.1.2021 for specified purposes, see s. 175(1)(f)(i)-(iii)(2)(7)

[^c24522301]: S. 142(1) in force at 21.1.2021 for specified purposes, see s. 175(1)(f)(2)(b)(i)(7)

[^c24522311]: S. 142(2)-(5) in force at 21.1.2021, see s. 175(1)(f)

[^c24522331]: S. 143(1)-(4)(5)(b)(c) in force at 21.1.2021, see s. 175(1)(f)

[^c24522351]: S. 143(5)(a)(6) in force at 21.1.2021 for specified purposes, see s. 175(1)(f)(2)(b)(ii)(7)

[^c24522361]: S. 143(7)-(11) in force at 21.1.2021 for specified purposes, see s. 175(1)(f)

[^c24522371]: S. 145(1)-(7)(a) in force at 21.1.2021 for, see s. 175(1)(f)

[^c24522381]: S. 147(1)-(4)(6)-(8)(10) in force at 21.1.2021 for specified purposes, see s. 175(1)(f)(2)(b)(i)(7)

[^c24522391]: S. 147(5)(9) in force at 21.1.2021, see s. 175(1)(f)

[^c24522411]: S. 150(1)(b)(i)(iii)(vi) in force at 21.1.2021, see s. 175(1)(f)(2)

[^c24522421]: S. 150(2)(a)(d)(3) in force at 21.1.2021, see s. 175(1)(f)

[^c24522431]: S. 159(1)-(3)(4)(a) in force at 21.1.2021, see s. 175(1)(g)

[^c24522441]: S. 159(5) in force at 21.1.2021 for specified purposes, see s. 175(1)(g)(7)

[^c24522451]: S. 159(6)-(10) in force at 21.1.2021, see s. 175(1)(g)

[^c24522491]: S. 166(3)(a) in force at 20.3.2021, see s. 175(3)(r)

[^c24522501]: S. 166(3)(b) in force at 21.1.2021, see s. 175(l)(i)

[^c24522511]: S. 166(4) in force at 20.3.2021, see s. 175(3)(r)

[^c24522461]: S. 166(1)(2)(a)(b)(i)(ii) in force at 20.3.2021, see s. 175(3)(r)

[^c24522471]: S. 166(2)(b)(iii)(c) in force at 21.1.2021, see s. 175(1)(i)

[^c24522481]: S. 166(2)(b)(iv) in force at 20.3.2021, see s. 175(3)(r)

[^c24522521]: S. 168(1)(g)(i) in force at 20.3.2021, see s. 175(3)(t)

[^c24522531]: S. 168(2) in force at 20.3.2021, see s. 175(3)(t)

[^c24525411]: Sch. 1 para. 1(1)(2) in force at 21.1.2021, see s. 175(1)(f)(t)

[^c24525731]: Sch. 1 para. 1(3) in force at 21.1.2021 for specified purposes, see s. 175(1)(f)

[^c24530451]: Sch. 1 para. 2(1)(3) in force at 21.1.2021, see s. 175(1)(f)(2)

[^c24532621]: Sch. 1 para. 2(2) in force at 6.5.2022, see s. 175(2)(k)(iii)(6)(b)

[^c24532641]: Sch. 1 para. 4(1)-(3)(6) in force at 21.1.2021 for specified purposes, see s. 175(1)(f)

[^c24532651]: Sch. 1 para. 4(4)(5)(7) in force at 21.1.2021, see s. 175(1)(f)(2)

[^c24532661]: Sch. 1 para. 6(1)(2)(b)-(d) in force at 21.1.2021 for specified purposes, see s. 175(1)(f)(2)

[^c24532681]: Sch. 1 para. 6(2)(a) in force at 6.5.2022, see s. 175(2)(k)(iii)(6)(b)

[^c24532701]: Sch. 1 para. 12(1)(a)(2) in force at 6.5.2022, see s. 175(2)(k)(iii)(6)(b)

[^c24532711]: Sch. 1 para. 12(1)(b)(3) in force at 21.1.2021, see s. 175(1)(f)(2)

[^c24532721]: Sch. 1 para. 12(4)(a) in force at 6.5.2022, see s. 175(2)(k)(iii)(6)(b)

[^c24532731]: Sch. 1 para. 12(4)(b) in force at 21.1.2021, see s. 175(1)(f)

[^c24532741]: Sch. 2 para. 1(1)(2) in force at 20.3.2021, see s. 175(3)(f)

[^c24532761]: Sch. 2 para. 1(6) in force at 20.3.2021, see s. 175(3)(f)

[^c24532771]: Sch. 2 para. 1(8) in force at 20.3.2021, see s. 175(3)(f)