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Local Government (Wales) Measure 2011

Type Measure of the Welsh Assembly

Publication 2025-04-01

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

PART 1 — STRENGTHENING LOCAL DEMOCRACY

CHAPTER 1 — PROMOTING AND SUPPORTING MEMBERSHIP OF LOCAL AUTHORITIES

Survey of councillors and unsuccessful candidates for election as councillors

Duty to conduct a survey

1

(1) A local authority must, in accordance with a direction under this section, conduct a survey of—

(a) councillors in its area, and

(b) unsuccessful candidates for election to the office of councillor in its area.

(2) A local authority must conduct a survey , or arrange for the conduct of a survey, in relation to each ordinary election to—

(a) the council of the county or county borough, and

(b) a community council in the local authority's area.

(3) The Welsh Ministers may give a direction to local authorities that—

(a) specifies the questions that must be asked in a survey;

(b) specifies requirements about—

(i) the form of the survey;

(ii) how the survey is to be conducted;

(iii) the collation of information from the survey.

(3A) A survey in the case of an ordinary election may be conducted—

(a) entirely after the ordinary election, or

(b) by asking the candidates for election to the office of councillor to respond to the survey before the ordinary election and collating the information provided afterwards.

(3B) A local authority may include questions in a survey, or arrange for the inclusion of questions in a survey, in addition to the questions required by a direction of the Welsh Ministers under this section.

(4) The questions that may be specified in a direction under subsection (3) include (but are not limited to) questions about the individual to whom they are addressed which relate to—

(a) gender;

(b) sexual orientation;

(d) race;

(e) age;

(f) disability;

(g) religion or belief;

(h) health;

(i) education and qualifications;

(j) employment;

(k) work as a councillor.

(5) Nothing in this section places a duty on any individual to provide any information.

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

(7) section—

“belief” (“cred”) means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief;

“councillor” (“cynghorydd”) includes community councillor;

“disability” (“anabledd”) means a physical or mental impairment that has a substantial and long-term adverse effect on a person's ability to carry out normal day to day activities;

“race” (“hil”) means colour, nationality or ethnic or national origins;

“religion” (“crefydd”) means any religion and a reference to religion includes a reference to a lack of religion;

“sexual orientation” (“cyfeiriadedd rhywiol”) means a person's sexual orientation towards—persons of the same sex,persons of the opposite sex, orpersons of either sex.

Completion of a survey and publication of information

2

(1) A local authority must complete its survey and provide the information collated in it to the Welsh Ministers within six months of the date of the ordinary election to which it relates.

(2) A local authority must provide the information in in such form or manner as the Welsh Ministers may direct.

(3) A local authority may publish the information collated in a survey in such manner as it considers appropriate, subject to subsection (6).

(4) The Welsh Ministers must—

(a) collate the information they receive from local authorities under this section, and

(b) publish it within twelve months of the date of the ordinary election to which it relates.

(5) The Welsh Ministers may—

(a) publish information under subsection (4)(b) in such manner as they consider appropriate, subject to subsection (6);

(b) share any information provided to them under subsection (1) with any body representing the interests of county, county borough or community councils in Wales.

(6) No information received under section 1 or this section is to be published or shared in any form that, either by itself or in combination with any other information, identifies any individual to whom it relates or enables that individual to be identified.

Guidance about surveys

3

In exercising its functions under sections 1 and 2, a local authority must have regard to guidance given by the Welsh Ministers.

Publication of directions about surveys

3A

The Welsh Ministers must publish any direction given under section 1(3) or 2(2).

Supporting membership

Remote attendance at meetings

4

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

Annual reports by members of a local authority

5

(1) A local authority must make arrangements for—

(a) each person who is a member of the authority to make an annual report about the person's activities as a member of the authority during the year to which the report relates,

(b) each person who is a member of the authority's executive to make an annual report about the person's activities as a member of the executive during the year to which the report relates, and

(2) The arrangements may include conditions as to the content of a report that must be satisfied by the person making it.

(3) A local authority must publicise its arrangements.

(4) In exercising its functions under this section a local authority must have regard to guidance given by the Welsh Ministers.

Timing of council meetings

6

(1) The Welsh Ministers may give guidance about the times at which meetings of a local authority are held.

(2) A local authority must have regard to guidance given under subsection (1).

(3) In subsection (1), “meetings of a local authority” means—

(a) meetings of the local authority;

(b) meetings of any committee or sub-committee of the authority.

Training and development of members of a local authority

7

(1) A local authority must secure the provision of reasonable training and development opportunities for its members.

(2) A local authority must make available to each member of the authority an annual review of the member's training and development needs.

(3) The review must include an opportunity for an interview with a person who is, in the opinion of the authority, suitably qualified to provide advice about the training and development needs of a member of a local authority.

(4) In exercising its functions under this section a local authority must have regard to guidance given by the Welsh Ministers.

(5) In the case of an authority which operates a leader and cabinet executive (Wales), a reference in this section to a member of a local authority does not include the executive leader.

CHAPTER 2 — LOCAL AUTHORITY DEMOCRATIC SERVICES

Head of democratic services

8

(1) A local authority must—

(a) designate one of its officers to discharge the functions in section 9 (“democratic services functions”);

(b) provide that officer with such staff, accommodation and other resources as are, in its opinion, sufficient to allow his or her functions to be discharged.

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

(2) A head of democratic services may arrange for the discharge of democratic services functions by staff provided under this section.

(3) An officer designated by a local authority under this section is to be known as the head of democratic services.

(4) A local authority may not designate any of the following under this section—

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

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

Democratic services functions

9

(1) The functions of the head of democratic services are—

(a) to provide support and advice to the authority in relation to its meetings, subject to subsection (2);

(b) to provide support and advice to committees of the authority (other than the committees mentioned in paragraph (e)) and the members of those committees, subject to subsection (2);

(c) to provide support and advice to any joint committee which a local authority is responsible for organising and the members of that committee, subject to subsection (2);

(d) to promote the role of the authority's overview and scrutiny committee or committees;

(e) to provide support and advice to—

(i) the authority's overview and scrutiny committee or committees and the members of that committee or those committees, and

(ii) the authority's democratic services committee and the members of that committee;

(f) to provide support and advice in relation to the functions of the authority's overview and scrutiny committee or committees to each of the following—

(i) members of the authority;

(ii) members of the executive of the authority;

(iii) officers of the authority;

(g) to provide support and advice to each member of the authority in carrying out the role of member of the authority, subject to subsection (3);

(h) to make reports and recommendations in respect of any of the following—

(i) the number and grades of staff required to discharge democratic services functions;

(ii) the appointment of staff to discharge democratic services functions;

(iii) the organisation and proper management of staff discharging democratic services functions;

(i) such other functions as may be prescribed.

(2) The references to “advice” in paragraphs (a) to (c) do not include advice about whether or how the authority's functions should be, or should have been, exercised.

(3) The following kinds of support and advice are not to be considered as support and advice for the purposes of subsection (1)(g)—

(a) support and advice to a member of the authority in discharging that member's functions as part of the executive of the authority (except as provided for under subsection (1)(f));

(b) advice about whether or how the authority's functions should be, or should have been, exercised in relation to any matter under consideration, or to be considered, at a meeting of the authority, a committee referred to in subsection (1)(b) or a joint committee which a local authority is responsible for organising.

(4) Nothing in subsection (1)(h) affects the duty of the chief executive in section 54(2) of the Local Government and Elections (Wales) Act 2021.

(5) In this section, references to a committee (or joint committee) include references to any sub-committee of that committee.

Duty to adopt standing orders about management of staff

10

(1) The Welsh Ministers may by regulations require a local authority—

(a) to incorporate prescribed provision relating to the management of staff provided under section 8(1)(b) in its standing orders;

(b) to make other modifications of those of its standing orders which relate to the management of staff.

(2) In this section “management of staff” does not include appointment of staff or dismissal of staff or the taking of other disciplinary action against staff.

Local authorities to appoint democratic services committees

11

(1) A local authority must appoint a committee (“a democratic services committee”) to—

(a) exercise the function of the local authority under section 8(1)(a) (designation of head of democratic services),

(b) review the adequacy of provision by the authority of staff, accommodation and other resources to discharge democratic services functions, and

(2) It is for a democratic services committee to determine how to exercise those functions.

Reviews at request of a local authority

11A

(1) The democratic services committee of a local authority may, at the request of the authority, review any matter relevant to—

(a) the support and advice available to members of that authority, and

(b) the terms and conditions of office of those members.

(2) A democratic services committee must make reports and recommendations to the authority following a review.

(3) It is for a democratic services committee to determine how to exercise its functions under this section.

Membership

12

(1) A local authority is to appoint the members of its democratic services committee.

(2) A local authority must secure that—

(a) each member of its democratic services committee is a member of the authority;

(b) no more than one of the members of its democratic services committee is a member of the authority's executive (but see subsection (6)) or an assistant to its executive;

(c) in the case of a local authority which operates a leader and cabinet executive (Wales), the executive leader is not a member of its democratic services committee.

(3) The appointment of a person as a member of a democratic services committee has no effect if the membership of the committee breaches subsection (2) immediately after the appointment (whether or not by virtue of the appointment).

(4) In a case where one or more persons are to become, or to cease to be, members of a democratic services committee at a particular time, all those changes of membership are to be taken into account in determining whether the membership of the committee breaches subsection (2).

(5) A democratic services committee of a local authority is to be treated as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.

(6) If two or more members of a local authority are appointed to the executive to share office, more than one of those members may be appointed to its democratic services committee (and if they are so appointed, together they count as one executive member for the purposes of subsection (2)(b)).

Sub-committees

13

(1) A democratic services committee—

(a) may appoint one or more sub-committees, and

(b) may arrange for the discharge of any of its functions by such a sub-committee.

(2) A sub-committee of a democratic services committee may not discharge functions other than those conferred on it under subsection (1)(b).

Proceedings etc

14

(1) A local authority is to appoint the person who is to chair the democratic services committee (who must not be a member of an executive group).

(2) If there are no opposition groups, the person who is to chair the democratic services committee may be a member of an executive group but must not be a member of the local authority's executive or an assistant to its executive.

(3) A democratic services committee is to appoint the person who is to chair any sub-committee of such a committee.

(4) All members of a democratic services committee, or of a sub-committee of such a committee, may vote on any question that falls to be decided by the committee.

(4A) If two or more members of a democratic services committee are members of the executive who share office, those members have between them one vote for the purposes of subsection (4).

(5) A democratic services committee of a local authority, or a sub-committee of such a committee—

(a) may require members and officers of the authority to attend before it to answer questions, and

(b) may invite other persons to attend meetings of the committee.

(6) It is the duty of any member or officer of a local authority to comply with any requirement imposed under subsection (5)(a).

(7) A person is not obliged by subsection (6) to answer any question which the person would be entitled to refuse to answer in, or for the purposes of, proceedings in a court in England and Wales.

(8) A democratic services committee, or a sub-committee of such a committee, is to be treated as a committee, or sub-committee, of a principal council for the purposes of Part 5A of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees).

(9) For the purposes of subsections (1) and (2), the expressions “executive group” and “opposition group” have the same meaning as in section 75.

Frequency of meetings

15

(1) A democratic services committee must meet once in every calendar year.

(2) The democratic services committee of a local authority must also meet if—

(a) the local authority resolves that the committee should meet, or

(b) at least one-third of the members of the committee requisition a meeting by one or more notices in writing given to the person who chairs the committee.

(2A) If two or more members of a democratic services committee are members of the executive who share office, those members together count only as one member of the committee for the purposes of subsection (2)(b).

(3) It is the duty of the person who chairs a democratic services committee to secure that meetings of the committee are held as required by subsections (1) and (2).

(4) This section does not prevent a democratic services committee from meeting otherwise than as required by this section.

Discharging functions

16

(1) A democratic services committee may not exercise any functions other than its functions under this Chapter.

(2) In exercising, or deciding whether to exercise any of its functions, a democratic services committee, or a sub-committee of such a committee, must have regard to guidance given by the Welsh Ministers.

Termination of membership on ceasing to be member of authority

17

(1) This section applies to a person (P) who is—

(a) appointed to be a member of a democratic services committee of a local authority, or of a sub-committee of such a committee, and

(b) is a member of the authority at the time of that appointment.

(2) If P ceases to be a member of the authority, P also ceases to be a member of the democratic services committee or sub-committee.

(3) But subsection (2) does not apply if P—

(a) ceases to be a member of the authority by reason of retirement, and

(b) is re-elected a member of the authority not later than the day of retirement.

(4) Subsection (3) is subject to the standing orders of the authority or the democratic services committee or sub-committee.

Reports and recommendations by head of democratic services

18

(1) The head of democratic services for a local authority must, as soon as practicable after preparing a report or making a recommendation under section 9(1)(h), send to each member of the authority's democratic services committee a copy of the report or recommendation.

(2) A democratic services committee must consider any report or recommendation sent to the members of the committee under this section at a meeting held not more than three months after copies of the report are first sent to members of the committee.

Reports and recommendations by democratic services committees

19

(1) A democratic services committee for a local authority must, as soon as practicable after it has prepared a report or made a recommendation under section 11(1)(c)or 11A(2), arrange for a copy of it to be sent to each member of the authority who is not a member of the committee.

(2) A local authority must consider any report or recommendations at a meeting held not more than three months after copies of the report or recommendation are first sent to members of the authority.

Local authority functions not to be delegated

20

The functions of a local authority under sections 8(1), 11, 12(1) and (2), 14(1), 15(2)(a) and 19(2) are not to be delegated under section 101 of the Local Government Act 1972.

Head of democratic services to be a politically restricted post

21

(1) Section 2(1) of the Local Government and Housing Act 1989 is amended as follows.

(2) In paragraph (f) omit “and”.

(3) After “delegated)” in paragraph (g) insert—

; and (h) the head of democratic services designated under section 8 of the Local Government (Wales) Measure 2011

CHAPTER 3 — INTERPRETATION

Meaning of “member”

22

In this Part, a reference to a member of a local authority includes a reference to an elected executive member (within the meaning of section 39(4) of the Local Government Act 2000).

PART 2 — FAMILY ABSENCE FOR MEMBERS OF LOCAL AUTHORITIES

Right to family absence

23

(1) A member of a local authority who is entitled to a period of family absence may be absent from meetings of the authority during that period of family absence.

(2) If the member is a member of the local authority's executive, the member may be absent from meetings of the executive during that period of family absence.

(3) Subsections (1) and (2) are subject to regulations under this Part.

(4) For the purposes of this Part, a member is entitled to a period of family absence if the member is entitled to a period of—

(a) maternity absence (see section 24),

(b) newborn absence (see section 25),

(d) new adoption absence (see section 27), or

(e) parental absence (see section 28).

Maternity absence

24

(1) A member of a local authority is entitled to a period of absence (“maternity absence”) if the member satisfies prescribed conditions as to maternity.

(2) Regulations must include provision for determining—

(a) the extent of a member’s entitlement to maternity absence in respect of a child;

(b) when maternity absence may be taken.

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

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

(5) Regulations may allow a member to choose, subject to prescribed restrictions, the date on which a period of maternity absence starts.

(6) Regulations may prescribe circumstances in which a member of a local authority, or the local authority, may—

(a) bring a period of maternity absence to an end, or

(b) cancel a period of maternity absence.

Newborn absence

25

(1) This section applies to a member of a local authority who satisfies prescribed conditions—

(a) as to relationship with a newborn, or expected, child, and

(b) as to relationship with the child's mother.

(2) The member is entitled to a period of absence (“newborn absence”) for the purpose of—

(a) caring for the child, or

(b) supporting the mother.

(3) Regulations must include provision for determining—

(a) the extent of a member's entitlement to newborn absence in respect of a child;

(b) when newborn absence may be taken.

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

(5) Regulations must require newborn absence to be taken before the end of a prescribed period.

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

(7) Regulations may prescribe circumstances in which a member of a local authority, or the local authority, may—

(a) bring a period of newborn absence to an end, or

(b) cancel a period of newborn absence.

(8) Regulations may—

(a) (for the purpose of subsection (2)) prescribe things which are, or are not, to be taken as done for the purpose of caring for a child or supporting the child's mother;

(b) allow a member to choose, subject to prescribed restrictions, the date on which a period of newborn absence starts;

(c) make provision excluding an entitlement to newborn absence in respect of a child where more than one child is born as a result of the same pregnancy;

(d) make provision about how newborn absence may be taken.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In this section—

“newborn child” (“plentyn newydd-anedig”) includes a child stillborn after 24 weeks of pregnancy;

...cred

Adopter's absence

26

(1) A member of a local authority is entitled to a period of absence (“adopter's absence”) if the member satisfies prescribed conditions as to adoption of a child.

(2) Regulations must include provision for determining—

(a) the extent of a member's entitlement to adopter's absence in respect of a child;

(b) when adopter's absence may be taken.

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

(4) Regulations may allow a member to choose, subject to prescribed restrictions, the date on which a period of adopter's absence starts.

(5) Regulations may prescribe circumstances in which a member of a local authority, or the local authority, may—

(a) bring a period of adopter's absence to an end, or

(b) cancel a period of adopter's absence.

New adoption absence

27

(1) This section applies to a member of a local authority who satisfies prescribed conditions—

(a) as to relationship with a child placed, or expected to be placed, for adoption under the law of any part of the United Kingdom, and

(b) as to relationship with a person with whom the child is, or is expected to be, so placed for adoption.

(2) The member is entitled to a period of absence (“new adoption absence”) for the purpose of—

(a) caring for the child, or

(b) supporting the person by reference to whom the member satisfies the condition under subsection (1)(b).

(3) Regulations must include provision for determining—

(a) the extent of a member's entitlement to new adoption absence in respect of a child;

(b) when new adoption absence may be taken.

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

(5) Regulations must require new adoption absence to be taken before the end of a prescribed period.

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

(7) Regulations may prescribe circumstances in which a member of a local authority, or the local authority, may—

(a) bring a period of new adoption absence to an end, or

(b) cancel a period of new adoption absence.

(8) Regulations may—

(a) (for the purpose of subsection (2)) prescribe things which are, or are not, to be taken as done for the purpose of caring for a child or supporting a person with whom a child is placed for adoption;

(b) allow a member to choose, subject to prescribed restrictions, the date on which a period of new adoption absence starts;

(c) make provision excluding the right to be absent under this section in the case of a member who exercises a right to be absent on adopter's absence;

(d) make provision excluding an entitlement to new adoption absence in respect of a child where more than one child is placed for adoption as part of the same arrangement;

(e) make provision about how new adoption absence may be taken.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(11) The Welsh Ministers may by regulations provide for this section to apply in relation to cases which involve adoption, but not the placement of a child for adoption under the law of any part of the United Kingdom.

Parental absence

28

(1) This section applies to a member of a local authority who satisfies prescribed conditions as to—

(a) having responsibility for a child, or

(b) expecting to have responsibility for a child.

(2) The member is entitled to a period of absence (“parental absence”) for the purpose of caring for the child.

(3) Regulations must include provision for determining—

(a) the extent of a member's entitlement to parental absence in respect of a child;

(b) when parental absence may be taken.

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

(5) Provision under subsection (3)(b) may (amongst other things) refer to—

(a) a child's age, or

(b) a prescribed period of time starting from a prescribed event.

(6) Regulations may prescribe circumstances in which a member of a local authority, or the local authority, may—

(a) bring a period of parental absence to an end, or

(b) cancel a period of parental absence.

(7) Regulations may—

(a) (for the purpose of subsection (2)) prescribe things which are, or are not, to be taken as done for the purpose of caring for a child;

(b) require parental absence to be taken as a single period of absence in all cases or in prescribed cases;

(d) require all or prescribed parts of a period of parental absence to be taken at or by prescribed times;

(e) allow a member to choose, subject to prescribed restrictions, the date on which a period of parental absence starts;

(f) make provision about the postponement by a local authority of a period of parental absence which a member wishes to take;

(g) prescribe a minimum or maximum period of absence which may be taken as part of a period of parental absence;

(h) prescribe a maximum aggregate of periods of parental absence which may be taken during a prescribed period of time.

Regulations: supplemental

29

Regulations under this Part may—

(a) make provision about notices to be given, evidence to be produced, records to be kept and other procedures to be followed by a member of a local authority or a local authority;

(b) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;

(d) make provision entitling a member of a local authority (or of the executive) to present a complaint about a decision by a local authority to bring a period of absence to an end or to postpone or cancel a period of absence;

(e) make provision in connection with an entitlement conferred by virtue of paragraph (d) including, amongst other things, provision about—

(i) the grounds on which a complaint may be presented;

(ii) the person to whom a complaint may be presented;

(iii) procedural conditions to be satisfied;

(iv) the making, determination and effect of a complaint;

(f) make provision about the extent to which a member of a local authority (or of the executive)—

(i) may act as a member of the authority (or the executive) during a period of absence;

(ii) is entitled to any benefits arising from membership of the authority (or the executive) during a period of absence;

(iii) is bound by any duty arising from membership of the authority (or the executive) during a period of absence.

(g) apply, or make modifications of, an enactment.

Guidance

30

When exercising its functions, a local authority must have regard to guidance given by the Welsh Ministers in relation to the rights of members of the authority under this Part.

Amendment of Local Government Act 1972

31

(1) Section 85 of the Local Government Act 1972 (vacation of office by failure to attend meetings) is amended as follows.

(2) After subsection (3A) insert—

(3B) Subsections (3C) and (3D) apply for the purpose of calculating the period of six consecutive months under subsection (1) or (2A). (3C) Any period during which a member of a local authority in Wales is exercising a right to absence under Part 2 of the Local Government (Wales) Measure 2011 is to be disregarded. (3D) The following two periods are to be treated as consecutive— (a) the period during which a member of a local authority in Wales fails to attend meetings of the authority or, as the case may be, meetings of the executive that falls immediately before the period described in subsection (3C), and (b) the period that falls immediately after the period described in subsection (3C).

Amendment of Local Government Act 2000

32

(1) Section 11 of the Local Government Act 2000 (local authority executives) is amended as follows.

(2) After subsection (8) insert—

(8A) For the purposes of subsection (8), no account is to be taken of a member appointed to the executive on a temporary basis to cover the absence of a member exercising a right to a family absence under Part 2 of the Local Government (Wales) Measure 2011.

Interpretation of Part 2

33

In this Part—

“executive” (“gweithrediaeth”) means any of the following—a leader and cabinet executive (Wales);a mayor and cabinet executive;

“local authority” (“awdurdod lleol”) includes a corporate joint committee;

“meeting of the authority” (“cyfarfod o'r awrdurdod”) means any of the following—a meeting of the local authority;a meeting of any committee or sub-committee of the authority;a meeting of any joint-committee, joint board or other body by whom for the time being functions of the authority are being discharged;a meeting of any body appointed to advise the authority on any matter relating to the discharge of the authority's functions;a meeting of any body at which the authority is represented.

“meeting of the executive” (“cyfarfod o'r weithrediaeth”) means any of the following—a meeting of the executive;a meeting of any committee of the executive;discharge by a member, acting alone, of any function which is the responsibility of the executive;

“member of a local authority” (“aelod o awrdurdod lleol”) includes an elected mayor (within the meaning of section 39(1) of the Local Government Act 2000) or elected executive member (within the meaning of section 39(4) of that Act) of the authority;

“regulations” (“rheoliadau”) means regulations made by the Welsh Ministers.

PART 3 — AVAILABLE GOVERNANCE ARRANGEMENTS

Mayor and council manager executive

Abolition of mayor and council manager executive

34

(1) The Local Government Act 2000 is amended as follows.

(2) In section 11 (local authority executives)—

(a) omit subsection (4) (mayor and council manager executive);

(b) in subsection (10)—

(i) omit “or an officer”;

(ii) omit “or (4)(b)”.

(3) Omit section 16.

(4) In section 26 (proposals not requiring referendum), in subsection (2)—

(a) at the end of paragraph (a) insert “ or ”;

(b) omit paragraph (b).

(5) In section 48 (interpretation of Part 2), in subsection (1), omit the definition of “council manager”.

(6) In Schedule 1 (executive arrangements: further provision), omit paragraph 3.

(7) In the Local Government Act 1972—

(a) in section 21 (constitution of principal councils in Wales), in subsection (1A), omit “or a mayor and council manager executive”;

(b) in section 22 (chairman), in subsection (4A), omit “or a mayor and council manager executive”;

(c) in section 25A (title of chairman or vice-chairman of county borough council), in subsection (3), omit “or a mayor and council manager executive”;

(d) in section 245 (status of certain districts, parishes and communities), in subsections (1A) and (4A), omit “or a mayor and council manager executive”;

(e) in section 270 (general provisions as to interpretation), in subsection (1), in the definition “ “mayor and cabinet executive” and “mayor and council manager executive”” omit “and “mayor and council manager executive””.

(8) In the Local Government and Housing Act 1989—

(a) in section 5 (designation and reports of monitoring officer), in subsection (3)(b), omit the words from “and, in a case where” to the end of paragraph (b);

(b) in section 5A (reports of monitoring officer — local authorities operating executive arrangements), in subsection (5)(b), omit the words from “and, where” to the end of paragraph (b);

(i) omit subsection (5A);

(ii) in subsection (9), omit “and “mayor and council manager executive””;

(d) in section 21 (interpretation of Part 1), in subsection (3), omit “ “council manager”” and “and “mayor and council manager executive””.

(9) In section 106 of the Local Government Finance Act 1992 (council tax and community charge: restrictions on voting)—

(a) in subsection (1), omit “or a council manager within the meaning of section 11(4)(b) of the Local Government Act 2000”;

(b) in subsection (2), omit “or a council manager”.

Alternative arrangements

Authorities to replace alternative arrangements with executive arrangements

35

(1) A local authority that is operating alternative arrangements must—

(a) cease to operate alternative arrangements, and

(b) start to operate executive arrangements.

(2) Schedule 1 contains provision supplementing this section.

(3) In complying with this section and Schedule 1, a local authority must comply with directions given by the Welsh Ministers.

Consequential provision etc

36

(1) In the Local Government Act 2000—

(a) in section 29 (operation of, and publicity for, executive arrangements), omit subsection (3);

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

(d) omit section 33 (operation of alternative arrangements);

(e) in section 34 (referendum following petition), in subsection (3), for “29 or 33” substitute “ or 29 ”;

(f) in section 35 (referendum following direction), in subsection (3), for “29 or 33” substitute “ or 29 ”;

(g) in section 36 (referendum following order), in subsection (3), for “29 or 33” substitute “ or 29 ”.

(2) In this Measure, omit section 87(3).

(3) In the Local Government Act 1972—

(a) in section 70 (restriction on promotion of Bills for changing local government areas, etc), in subsection (3), omit “or alternative arrangements”;

(b) in section 270 (general provisions as to interpretation), in subsection (1) omit the definition of “alternative arrangements”.

(4) The following regulations are revoked—

(a) the Local Authorities (Proposals for Alternative Arrangements) (Wales) Regulations 2001 (S.I. 2001/2293);

(b) the Local Authorities (Changing Executive Arrangements and Alternative Arrangements) (Wales) Regulations 2004 (S.I. 2004/3158);

(5) Subsections (1) to (4) do not prevent a local authority which is operating alternative arrangements on the commencement day from continuing to operate those arrangements on and after that day.

(6) Subsections (1) to (4) do not have effect in relation to a local authority if, and for as long as, the local authority continues to operate alternative arrangements on and after the commencement day.

(7) Subsections (5) and (6) do not affect a local authority's duty under section 35.

(8) In this section “commencement day”, in relation to an amendment made by this section, means the day on which that amendment comes into force.

PART 4 — CHANGES TO EXECUTIVE ARRANGEMENTS

CHAPTER 1 — ADOPTING A DIFFERENT FORM OF EXECUTIVE

General provisions

Power to adopt a different form of executive

37

(1) A local authority which is operating executive arrangements—

(a) may vary or replace the arrangements so that its executive arrangements provide for a different form of executive, and

(b) if it makes such a variation of the arrangements, may vary the arrangements in such other respects (if any) as it considers appropriate.

(2) The powers conferred by subsection (1) are exercisable in accordance with the following provisions of this Chapter.

(3) A local authority may not use the power conferred by subsection (1)(a) to vary or replace its executive arrangements more than once in any electoral cycle.

(4) For that purpose, a local authority is to be taken to use the power conferred by subsection (1)(a) at the time when the authority passes a resolution under section 38.

(5) In this section “electoral cycle”, in relation to a local authority, means each period that—

(a) begins with ordinary elections to the authority, and

(b) ends with the next ordinary elections to the authority.

(6) For the definition of “form of executive”, see section 53.

Proposals for adopting a different form of executive

38

(1) The local authority must draw up, and approve by resolution, proposals to vary or replace its executive arrangements (if it is intended to use the powers conferred by section 37).

(2) In drawing up the proposals, the local authority must consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority's functions are exercised, having regard to a combination of economy, efficiency and effectiveness.

(3) The local authority must send the Welsh Ministers—

(a) a copy of the proposals that it has approved, and

(b) (with the copy of the proposals) a statement which describes the reasons why the authority considers that its proposals would be likely, if implemented, to ensure that decisions of the authority are taken in an efficient, transparent and accountable way.

(4) The Welsh Ministers must decide whether to approve, or not approve, the proposals.

(5) The Welsh Ministers must give the local authority notice in writing of their decision.

(6) If the Welsh Ministers give notice of a decision not to approve the proposals, the local authority must not take any further steps to implement the proposals after the notice is given.

Contents of proposals

39

A local authority's proposals must include all of the following—

(a) a statement of the extent to which functions specified in regulations under section 13(3)(b) of the Local Government Act 2000 are to be the responsibility of the executive under the proposed executive arrangements,

(b) a timetable with respect to the implementation of the proposals, and

Referendums

40

(1) The proposals must provide for the change of executive arrangements to be subject to approval in a referendum if the change of executive arrangements is one that requires approval in a referendum.

(2) But, in any other case, the proposals may not provide for the change of executive arrangements to be subject to approval in a referendum.

(3) For provision about referendums under this section, see section 45 of the Local Government Act 2000.

Timetable for implementation of proposals: no referendum

41

(1) This section applies to a local authority's proposals if the change of executive arrangements is not subject to approval in a referendum.

(2) The timetable with respect to the implementation of the proposals must be such as to secure that the local authority makes the change of executive arrangements no later than the end of the period of six months beginning with the day on which the local authority sends the Welsh Ministers the copy of the proposals.

Timetable for implementation of proposals: referendum

42

(1) This section applies to a local authority's proposals if the proposed form of executive is subject to approval in a referendum.

(2) The timetable with respect to the implementation of the proposals must comply with subsections (3) and (4).

(3) The timetable must be such as to secure that the local authority will hold the referendum within the period that—

(a) begins two months after, and

(b) ends six months after,

the day on which the local authority sends the Welsh Ministers the copy of the proposals.

(4) The timetable must be such as to secure that, if the result of the referendum is to approve the change of executive arrangements, the local authority will make that change within the period of six months beginning with the day on which the referendum is held.

Publicity for proposals

43

(1) This section applies to a local authority which has approved proposals by a resolution.

(2) The local authority must secure that copies of a document setting out the provisions of the proposed executive arrangements are available at its principal office for inspection by members of the public at all reasonable times.

(3) The local authority must publish a notice which—

(a) states that the local authority has resolved to operate the proposed executive arrangements,

(b) if the proposed form of executive is subject to approval in a referendum, states—

(i) that it is subject to such approval, and

(ii) the date of the referendum,

(d) describes the main features of those arrangements,

(e) states that copies of a document setting out the provisions of those arrangements are available at the local authority's principal office for inspection by members of the public at such times as may be specified in the notice, and

(f) specifies the address of the local authority's principal office.

(4) The local authority must comply with subsections (2) and (3) as soon as practicable after it passes the resolution approving the proposals.

Implementing proposals

44

(1) y must implement its proposals in accordance with the timetable included in the proposals.

(2) But if the change of executive arrangements—

(a) is subject to approval in a referendum, and

(b) is not approved by the referendum,

the local authority must not implement the change.

Action if referendum rejects change

45

(1) This section applies to a local authority if the change of executive arrangements—

(a) is subject to approval in a referendum, and

(b) is not approved in the referendum.

(2) The local authority must publish a notice which—

(a) summarises the local authority's proposals which were the subject of the referendum,

(b) states that a referendum on the local authority's proposals rejected those proposals, and

(c) states that the local authority will continue to operate the form of executive provided for by its existing executive arrangements.

(3) The local authority must comply with subsection (2) as soon as practicable after the referendum.

Interpretation

Changes of executive arrangements requiring approval in a referendum

46

For the purposes of this Chapter, a change of executive arrangements requires approval in a referendum if—

(a) the existing form of executive, or

(b) the proposed form of executive,

is a mayor and cabinet executive.

Interpretation

47

In this Chapter—

“existing form of executive” (“ffurf bresenol ar weithrediaeth”) means the form of executive operated by a local authority which makes proposals;

“change of executive arrangements” (“newid mewn trefniadau gweithrediaeth”) means the change of executive arrangements proposed in proposals;

“proposals” (“cynigion”) means proposals under section 38;

“proposed form of executive” (“ffurf arfaethedig ar weithrediaeth”) means the form of executive which a local authority is, in proposals, proposing to begin operating.

CHAPTER 2 — OTHER VARIATIONS OF EXISTING EXECUTIVE ARRANGEMENTS

Power to vary the existing form of executive

48

(1) A local authority which is operating executive arrangements may vary the arrangements so that they—

(a) differ from the existing arrangements in any respect, but

(b) still provide for the same form of executive.

(2) The power conferred by subsection (1) is exercisable in accordance with the following provisions of this Chapter.

(3) For the definition of “form of executive”, see section 53.

Proposals for varying the form of executive

49

(1) The local authority must draw up, and approve by resolution, proposals to vary its executive arrangements (if it is intended to use the powers conferred by section 48).

(2) But, if the local authority is operating a mayor and cabinet executive, the local authority may not approve proposals for varying its executive arrangements unless the elected mayor has given written consent to the proposed change.

Contents of proposals

50

A local authority's proposals must include all of the following—

(a) a timetable with respect to the implementation of the proposals, and

(b) details of any transitional arrangements which are necessary for the implementation of the proposals.

Implementing proposals

51

A local authority must implement its proposals in accordance with the timetable included in the proposals.

CHAPTER 3 — SUPPLEMENTARY

Powers under which executive arrangements may be varied

52

A local authority which is operating executive arrangements may not vary or replace those arrangements except as provided for in—

(a) Chapter 1 or 2 of this Part, or

(b) regulations under section 34, 35 or 36 of the Local Government Act 2000.

Forms of executive

53

For the purposes of this Part, each of the following is a form of executive—

(a) a leader and cabinet executive (Wales);

(b) a mayor and cabinet executive.

Consequential provision etc

54

(1) The Local Government Act 2000 is amended as follows.

(2) Omit section 30 (operation of different executive arrangements).

(3) Before section 33A insert—

(33ZA) For provision about changing the governance arrangements of local authorities in Wales, see Part 4 of the Local Government (Wales) Measure 2011.

(4) In section 45 (provisions with respect to referendums), in subsection (9), after “this Part” insert “ or under section 40 of the Local Government (Wales) Measure 2011 ”.

PART 5 — LOCAL AUTHORITY FUNCTIONS: DISCHARGE BY COMMITTEES AND COUNCILLORS

Area committees

Area covered and membership

55

(1) Section 18 of the Local Government Act 2000 (discharge of functions by area committees) is amended as follows.

(2) In subsection (3), for the definition of “area committee” substitute—

“area committee” means— (a) in relation to a local authority in England, a committee or sub-committee of the authority which satisfies the conditions in subsection (4); (b) in relation to a local authority in Wales, a committee or sub-committee of the authority which satisfies the conditions in subsection (6);

(3) In subsection (4), after “a local authority” insert “ in England ”.

(4) After subsection (5) insert—

(6) A committee or sub-committee of a local authority in Wales satisfies the conditions in this subsection if— (a) the committee or sub-committee is established to discharge functions in respect of part of the area of the authority, (b) that part consists of the whole of one or more electoral divisions of the authority, (c) all the members of the authority who are elected for that electoral division, or those electoral divisions, are entitled to be members of the committee or sub-committee, (d) no members of the authority, other than those mentioned in paragraph (c), may be members of the committee or sub-committee, and (e) either or both of the conditions in subsection (7) are satisfied in relation to that part. (7) Those conditions are— (a) that the area of that part does not exceed one-half of the total area of the authority; (b) that the population of that part, as estimated by the authority, does not exceed one-half of the total population of the area of the authority as so estimated.

Exercise of functions by councillors

56

(1) The senior executive member of a local authority may make arrangements for a non-executive member of the authority to exercise a function of the local authority which is the responsibility of the executive.

(2) A local authority may make arrangements for a non-executive member of the authority to exercise any other function of the authority.

(3) Arrangements under this section may only provide for a non-executive member (N) to exercise functions—

(a) in relation to the electoral ward for which N is elected, or

(b) in relation to N's official membership of a body other than the local authority.

(4) No arrangements may be made under this section for the exercise of a function—

(a) if, or to the extent that, it is specified in an order made by the Welsh Ministers, or

(b) in a manner, or in circumstances, specified in an order made by the Welsh Ministers.

(5) Arrangements made under this section for the exercise of a function do not prevent the ordinary exercise of the function.

(6) In making arrangements under this section, the senior executive member, or local authority, must have regard to guidance given by the Welsh Ministers.

(7) In this section—

(a) a reference to the exercise of a function includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the function;

(b) a reference to a function which is the responsibility of the executive of a local authority is to be construed in accordance with section 13(8) of the Local Government Act 2000;

(c) a reference to N's official membership of a body is a reference to membership of the body which N holds by virtue of—

(i) a local authority appointment,

(ii) an appointment, other than a local authority appointment, made on a local authority nomination or recommendation or with local authority approval, or

(iii) an appointment, other than a local authority appointment, made in compliance with a requirement to appoint a member of a local authority;

(d) a reference (in relation to N) to a local authority appointment, nomination or recommendation, or local authority approval, is a reference to an appointment, nomination or recommendation made by, or approval given by—

(i) the local authority of which N is a member, or

(ii) the executive of that local authority;

(e) a reference to the ordinary exercise of a function is a reference to its exercise by the person or persons by whom it is exercisable in the absence of arrangements made under this section.

(8) References in this section to a local authority are references to a local authority which operates executive arrangements.

(9) In this section—

“non-executive member” (“aelod nad yw'n aelod gweithrediaeth”) means a member of a local authority who is not a member of the executive of the authority;

“senior executive member” (“aelod gweithrediaeth hŷn”) means—in the case of a local authority operating a leader and cabinet executive (Wales), the executive leader;in the case of a local authority operating a mayor and cabinet executive, the elected mayor.

Consequential provision

57

(1) In section 100EA of the Local Government Act 1972 (inspection of records relating to functions exercisable by members)—

(a) in subsection (1)—

(i) for “Secretary of State” substitute “ appropriate authority ”;

(ii) after “2007” insert “ or under section 56 of the Local Government (Wales) Measure 2011 ”;

(b) after subsection (2) insert—

(2A) In this section “appropriate authority” means— (a) in relation to local authorities in England, the Secretary of State; (b) in relation to local authorities in Wales, the Welsh Ministers. (c) in subsection (3), after “Parliament” insert “ (in the case of regulations made by the Secretary of State) or a resolution of the National Assembly for Wales (in the case of regulations made by the Welsh Ministers) ”.

;

(2) In the Local Government Act 2000—

(a) in section 13 (functions which are the responsibility of an executive), in subsection (9)(b), after “in England)” insert “ or under section 56 of the Local Government (Wales) Measure 2011 ”;

(b) in section 21 (overview and scrutiny committees), in subsection (13)(aa), after “in England)” insert “ or under section 56 of the Local Government (Wales) Measure 2011 ”.

PART 6 — OVERVIEW AND SCRUTINY

CHAPTER 1 — OVERVIEW AND SCRUTINY COMMITTEES

Joint overview and scrutiny committees

58

(1) The Welsh Ministers may by regulations make provision under which any two or more local authorities may or must—

(a) appoint a joint committee (a “joint overview and scrutiny committee”), and

(b) arrange for the committee to exercise any functions of making reports or recommendations about any matter which is not an excluded matter to—

(i) any of the local authorities appointing the committee, and

(ii) in the case of a local authority operating executive arrangements under Part 2 of the Local Government Act 2000, the local authority's executive.

(2) In subsection (1)(b) “excluded matter” means any matter with respect to which a crime and disorder committee could make a report or recommendations—

(a) by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b) by virtue of subsection (3)(a) of that section.

(3) The provision that may be made in regulations under this section includes (but is not limited to)—

(a) provision about the circumstances in which arrangements may be made;

(aa) provision prescribing circumstances in which arrangements must be made;

(ab) provision for arrangements to be made subject to prescribed conditions or limitations;

(b) provision for the appointment of sub-committees of joint overview and scrutiny committees;

(c) in relation to joint overview and scrutiny committees (or sub-committees of such committees), provision applying, or corresponding to, any provision of—

(i) subsections (4) to (15A) and (18) of section 21 of the Local Government Act 2000,

(ii) sections 21A, 21B, 21D, 21F and 21G of that Act,

(iii) section 186 of, and Schedule 11 to, the National Health Service (Wales) Act 2006.

(4) A local authority and a joint overview and scrutiny committee must ... have regard to guidance given by the Welsh Ministers in relation to the exercise of any function it has under or by virtue of this section.

(5) In section 21 of the Local Government Act 2000 (overview and scrutiny committees), in subsection (2A)(e)—

(a) after “committee” insert

— (i)

;

(b) after “concerned” insert

, or (ii) a joint overview and scrutiny committee within the meaning of section 58 of the Local Government (Wales) Measure 2011 appointed by two or more local authorities, one of which is the authority concerned

Powers of committees

Scrutinising designated persons

59

(1) Section 21 of the Local Government Act 2000 (overview and scrutiny committees) is amended as follows.

(2) In subsection (2)(e), at the end insert “ (insofar as the committee is not, or committees are not, under a duty to do those things by virtue of subsection (2ZA)) ”.

(3) After subsection (2) insert—

(2ZA) Executive arrangements by a local authority in Wales must ensure that their overview and scrutiny committee is required (or their overview and scrutiny committees, and any joint overview and scrutiny committees, are required between them) to make reports or recommendations on matters which relate to designated persons and affect the authority's area or the inhabitants of that area.

(4) In subsection (2A), after “(2)” insert “ or (2ZA) ”.

(5) In subsection (13)—

(a) in paragraph (aa), omit the final “and”;

(b) after paragraph (b) insert—

(c) if it is a committee or sub-committee of a local authority in Wales may, in connection with making a report or recommendations of the kind referred to subsection (2ZA)— (i) require a designated person to provide the committee or sub-committee with information, except information that relates to an excluded matter, and (ii) require an officer, employee or other representative of a designated person to attend meetings of the committee, except in relation to an excluded matter.

(6) After subsection (15) insert—

(15A) It is the duty of a person to comply with the requirement mentioned in subsection (13)(c)(i) or (ii); but that does not require a designated person to provide information which is not reasonably required in connection with the making of the report or recommendations.

(7) After subsection (17) insert—

(18) In this section— - “designated person” means a person— 1. who is designated by the Welsh Ministers in accordance with section 21G, or 2. who falls within a category of person so designated; - “excluded matter” means any matter with respect to which a crime and disorder committee could make a report or recommendations— 1. by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or 2. by virtue of subsection (3)(a) of that section.

Notifying designated persons of report or recommendations

60

After section 21E of the Local Government Act 2000 insert—

(21F) (1) This section applies if an overview and scrutiny committee of a local authority in Wales, or a sub-committee of such a committee, makes a report or recommendations under section 21(2ZA). (2) The committee or sub-committee may— (a) send a copy of the report or recommendations to a designated person, and (b) request the designated person to have regard to the report or recommendations. (3) In sending a copy of the report or recommendations to the designated person, the committee or sub-committee— (a) must exclude any confidential information, and (b) may exclude any relevant exempt information. (4) If information is excluded under subsection (3), in producing the copy of the report or recommendations the committee or sub-committee— (a) may replace so much of the report or recommendations as discloses the information with a summary which does not disclose that information, and (b) must do so if, in consequence of excluding the information, the report or recommendations would be misleading or not reasonably comprehensible. (5) In this section— - “confidential information” has the meaning given by section 100A(3) of the Local Government Act 1972 (admission to meetings of principal councils); - “designated person” has the same meaning as in section 21; - “exempt information” has the meaning given by section 100I of that Act, and, in relation to any report or recommendations of a committee or joint committee which has functions under section 21(2)(f) of this Act, also includes information which is exempt information under section 186 of the National Health Service (Wales) Act 2006; - “relevant exempt information” means exempt information of a description specified in a resolution of the committee or sub-committee under section 100A(4) of the Local Government Act 1972 which applied to the proceedings, or part of the proceedings, at any meeting of the committee or sub-committee at which the report was, or recommendations were, considered.

Designated persons

61

After section 21F of the Local Government Act 2000 insert—

(21G) (1) The Welsh Ministers may, by order, designate for the purposes of section 21— (a) one or more persons, and (b) one or more categories of person. (2) But— (a) the designation of a person has effect only if that person meets the following conditions, and (b) the designation of a category of persons has effect only if, and to the extent that, each person in that category meets the following conditions. (3) Condition A is that the person provides the public, or a section of the public, with services, goods or facilities of any description (whether on payment or not). (4) Condition B is that the person— (a) provides those services, goods or facilities in the exercise of functions of a public nature, or (b) is wholly or partly funded by public money. (5) Condition C is that the person is not a local authority.

Taking into account the views of the public

62

(1) A local authority must make arrangements of the kind referred to in subsection (2) in relation to each relevant overview and scrutiny committee of the authority.

(2) Those arrangements are arrangements that enable all persons who live or work in the local authority's area to bring to the attention of the relevant overview and scrutiny committee their views on any matter under consideration by the committee.

(3) A relevant overview and scrutiny committee must, when exercising its functions, take into account any views brought to its attention in accordance with arrangements made under this section.

(4) In complying with subsection (1), a local authority must have regard to guidance given by the Welsh Ministers.

(5) In complying with subsection (3), a relevant overview and scrutiny committee must have regard to guidance given by the Welsh Ministers.

(6) In this section—

“joint overview and scrutiny committee” (“cyd-bwyllgor trosolwg a chraffu”) has the same meaning as in section 21(2A) of the Local Government Act 2000;

“matter under consideration” (“mater sy'n cael ei ystyried”), in relation to a relevant overview and scrutiny committee, means a matter in respect of which the committee is exercising any function;

“relevant overview and scrutiny committee” (“pwyllgor trosolwg a chraffu perthnasol”), in relation to a local authority, means—an overview and scrutiny committee of the authority,a sub-committee of such a committee,a joint overview and scrutiny committee of the authority, ora sub-committee of such a joint committee.

Powers of councillors

Reference of matters to overview and scrutiny committee etc

63

(1) Section 21A of the Local Government Act 2000 (reference of matters to overview and scrutiny committee etc) is amended as follows.

(2) In subsection (1)(c) omit “in the case of a local authority in England,”.

(3) In subsection (3)—

(a) after “issued” insert “ (in the case of a local authority in England) ”;

(b) after “Secretary of State” insert “ or (in the case of a local authority in Wales) by the Welsh Ministers ”.

(4) In subsection (6)(a)—

(a) after “2007” insert “ or section 56 of the Local Government (Wales) Measure 2011 ”.

(b) omit “in England”.

(5) In subsection (10), after “local authority” insert “ in England ”.

(6) After subsection (11) insert—

(12) In this section “local government matter”, in relation to a member of a local authority in Wales, means a matter which is not an excluded matter and which— (a) relates to the discharge of any function of the authority, or (b) affects all or part of the electoral area for which the member is elected or any person who lives or works in that area. (13) In subsection (12) “excluded matter” means any matter which is— (a) a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or (b) a matter of any description specified in an order made by the Welsh Ministers for the purposes of this section.

Duty to respond to overview and scrutiny committee

64

In section 21B of the Local Government Act 2000 (duty of authority or executive to respond to overview and scrutiny committee), in subsection (1) omit “in England”.

Provision consequential on sections 63 and 64

65

(1) The Local Government Act 2000 is amended as follows.

(2) In section 21D (publication etc of reports, recommendations and responses: confidential and exempt information), in subsection (6) in the definition of “exempt information”, after “2006” insert “ or section 186 of the National Health Service (Wales) Act 2006 ”.

(3) In section 22 (access to information etc), in subsection (12A)—

(a) after “State” insert “ (in relation to local authorities in England), or the Welsh Ministers (in relation to local authorities in Wales), ”;

(b) in paragraph (a), omit “in England”.

Appointing persons to chair committees

Provision in standing orders about appointment of persons to chair committees

66

(1) The standing orders of a local authority must make provision (“appointment provision”) for the appointment of the persons who are to chair the local authority's overview and scrutiny committee or committees (“committee chairs”).

(2) The appointment provision must comply with—

(a) section 67,

(b) section 68, and

(3) Appointment provision must not prevent a person from being appointed as a committee chair because the person—

(a) is, or is not, a member of any political group, or

(b) is, or is not, a member of a particular political group.

When appointments to be made by committee

67

(1) The appointment provision must provide for the appointment of committee chairs in cases A to C set out in this section.

(2) The appointment provision must provide that, in those cases, the committee chair, or each committee chair, is to be appointed by the committee which that person is to chair.

(3) Case A is where there are no political groups on the authority.

(4) Case B is where there is only one political group on the authority.

(5) Case C is where—

(a) there are two (but not more) political groups on the authority,

(b) the authority has only one overview and scrutiny committee, and

(i) includes members of both political groups, or

(ii) does not include any member of either political group.

When appointments to be made by non-executive group

68

(1) The appointment provision must provide for the appointment of the committee chair in the case set out in this section.

(2) The appointment provision must provide that, in that case, the committee chair is to be appointed by the non-executive political group.

(3) That case is where—

(a) there are two (but not more) political groups on the authority,

(b) the authority has only one overview and scrutiny committee, and

(i) includes one or more members of one political group, but

(ii) does not include any member of the other political group.

(4) In this section “non-executive political group” means the group described in subsection (3)(c)(ii).

How appointments to be made in other cases

69

(1) The appointment provision must provide for the appointment of committee chairs in cases other than those set out in section 67 and 68.

(2) The appointment provision applicable in the other cases must comply with—

(a) sections 70 to 73, or

(b) section 74.

Appointments to be made by political groups

70

(1) A local authority's appointment provision complies with this section if it provides—

(a) for the authority to be required, on each occasion when all of its committee chairs fall to be appointed, to make a determination under subsection (2) of which political groups on the authority are entitled to make which appointments, and

(b) for the groups to be able to make the appointments accordingly.

(2) The determination referred to in subsection (1) is a determination which, so far as reasonably practicable, gives effect to the following principles.

(3) The first principle is that—

(a) if there is only one executive group, the proportion of committee chairs which the executive group is entitled to appoint corresponds to the proportion of members of the authority who are in the group;

(b) if there are two or more executive groups, the proportion of committee chairs which the executive groups are (when taken together) entitled to appoint corresponds to the proportion of members of the authority who are members of those groups (when taken together).

(4) The second principle is that—

(a) if there is only one opposition group, the group is entitled to appoint all the opposition allocation of committee chairs, or

(b) if there are two or more opposition groups—

(i) the opposition groups are (when taken together) entitled to appoint all the opposition allocation of committee chairs, and

(ii) the proportion of the opposition allocation of committee chairs which each opposition group (a “relevant group”) is entitled to appoint corresponds to the proportion of members of the opposition groups who are members of the relevant group.

(5) In giving effect to the principles in subsections (3)(a) and (b) and (4)(b)(ii), the appointment provision—

(a) must provide for a political group's entitlement to appoint committee chairs to be an entitlement to appoint a whole number of committee chairs, and

(b) accordingly, must provide for an entitlement to be rounded off to the nearest whole number if it would not otherwise be a whole number.

(6) In giving effect to the principles in subsection (3)(a) and (b), the appointment provision made in accordance with subsection (5)(b) must provide for the entitlement of the executive group, or executive groups, to be rounded down to the nearest whole number.

(7) For the purposes of subsections (5) and (6), zero is to be taken to be a whole number.

(8) In this section—

“executive allocation of committee chairs” (“dyraniad y weithrediaeth o gadeiryddion pwyllgor”) means the number of committee chairs which—the executive group is entitled to appoint in accordance with subsection (3)(a), orthe executive groups are entitled to appoint in accordance with subsection (3)(b);

“opposition allocation of committee chairs” (“dyraniad yr wrthblaid o gadeiryddion pwyllgor”) means the number of committee chairs remaining after deducting the executive allocation of committee chairs.

Failure to make appointments in accordance with section 70

71

(1) A local authority's appointment provision complies with this section if it provides—

(a) for the authority to be required, on each occasion when some or all of the committee chairs (“the unappointed chairs”) which fall to be appointed in accordance with appointment provision that complies with section 70 are not so appointed, to make a determination under subsection (2) of how the unappointed chairs are to be appointed, and

(b) for the unappointed chairs to be appointed accordingly.

(2) The determination referred to in subsection (1) is a determination which, so far as reasonably practicable, gives effect to the following principles.

(3) The first principle is that no executive group is entitled to appoint any of the unappointed chairs.

(4) The second principle is that—

(a) if there is only one opposition group and it has made all of its initial appointments, or

(b) if there are two or more opposition groups and one or more of them have made all of their initial appointments,

each appointing group is entitled to appoint the proportion of unappointed committee chairs which corresponds to the proportion of completed initial appointments which were appointments made by that group.

(5) The third principle is that if—

(a) there are unappointed committee chairs, but

(b) none of them fall to be appointed as mentioned in subsection (4),

each unappointed committee chair is to be appointed by the committee which that person is to chair.

(6) The fourth principle is that if—

(a) one or more unappointed committee chairs fall to be appointed as mentioned in subsection (4), but

(b) one or more of them are not so appointed,

each committee chair not so appointed is to be appointed by the committee which that person is to chair.

(7) In this section—

“appointing group” (“grŵp penodi”) means an opposition group which makes all of its initial appointments;

“completed initial appointment” (“penodiad cychwynnol gorffenedig”) means an initial appointment that is made;

“initial appointment” (“penodiad cychwynnol”), in relation to a political group, means an appointment which the group is entitled to make in accordance with appointment provision that complies with section 70.

Changes in composition of executive

72

(1) A local authority's appointment provision complies with this section if it provides for the case set out in subsection (2) by means of provision of the kind referred to in subsections (3) and (4).

(2) That case is where either or both of the following happen—

(a) a political group ceases to be an executive group;

(b) a political group begins to be an executive group;

and it is not the case set out in section 70.

(3) The appointment provision must provide for the making of—

(a) a section 70 determination (as if all of the local authority's committee chairs had fallen to be appointed), and

(b) a determination of whether there is a difference between—

(i) the number of committee chairs that a political group would be entitled to appoint in accordance with the section 70 determination, and

(ii) the number of committee chairs holding office at that time who were appointed by that group.

(4) The appointment provision must provide for any difference of the kind referred to in subsection (3)(b) to be eliminated by either or both of the following—

(a) the termination of existing appointments of committee chairs;

(b) the making of new appointments of committee chairs.

(5) For the purposes of this section, a political group is to be taken to cease to be an executive group only if, after ceasing to be an executive group, the period of two months (beginning with the day on which it ceases to be an executive group) passes without it becoming an executive group again.

Occasional vacancies in committee chairs

73

(1) A local authority's appointment provision complies with this section if it provides for the case set out in subsection (2) by means of provision of the kind referred to in subsections (3) and (4).

(2) That case is where—

(a) some, but not all, of the authority's committee chairs fall to be appointed, and

(b) it is not the case set out in section 72.

(3) The appointment provision must provide for the making of—

(a) a section 70 determination (as if all of the local authority's committee chairs had fallen to be appointed), and

(b) a determination of whether there is a difference between—

(i) the number of committee chairs that a political group would be entitled to appoint in accordance with the section 70 determination, and

(ii) the number of committee chairs holding office at that time who were appointed by that group.

(4) The appointment provision must provide for any difference of the kind referred to in subsection (3)(b) to be eliminated, so far as possible, by the appointment of the committee chair or chairs.

Appointment provision determined by authority

74

(1) A local authority's appointment provision complies with this section if the provision—

(a) is no less favourable to opposition groups than section 70, and

(b) is approved by a resolution of the local authority which has cross-group support.

(2) Appointment provision is no less favourable to opposition groups than section 70 if it provides—

(a) for opposition groups on the local authority (when taken together) to be given the opportunity to appoint a greater number of committee chairs than would be the case with provision made in accordance with section 70, and

(b) for each opposition group on the local authority to be given the opportunity to appoint at least the number of committee chairs as would be the case with provision made in accordance with section 70.

(3) A resolution of the local authority has cross-group support if—

(a) the persons voting in favour of the resolution include members of every political group on the authority, and

(b) each political group on the authority gives majority support to the resolution.

(4) A political group on the authority gives majority support to the resolution if the number of members of that group who vote in favour of the resolution is greater than the number of members of that group who vote against the resolution.

Supplementary provision and interpretation

75

(1) The Welsh Ministers may, by regulations, make provision about—

(a) appointment provision, and

(b) the appointment of committee chairs in accordance with appointment provision.

(2) A local authority must, in exercising or deciding whether to exercise a function in connection with appointment provision or the appointment of committee chairs—

(a) have regard to guidance given by the Welsh Ministers, and

(b) comply with any directions given by the Welsh Ministers.

(3) In sections 66 to 74 and this section—

“appointment provision” (“darpariaeth benodi”) has the meaning given in section 66;

“committee chair” (“cadeirydd pwyllgor”) has the meaning given in section 66;

“executive group” (“grŵp gweithrediaeth”) means a political group some or all of whose members comprise, or are included in, the executive of the authority;

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