Legalize / United Kingdom / Wales / Measure of the Welsh Assembly

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

“opposition group” (“grŵp gwrthblaid”) means a political group none of whose members are included in the executive of the authority;

“political group” (“grŵp gwleidyddol”), in relation to a local authority, means a group of members of the authority that is a political group for the purposes of Part 1 of the Local Government and Housing Act 1989;

“section 70 determination” (“dyfarniad adran 70”) means a determination of the kind referred to in section 70.

(4) In section 21 of the Local Government Act 2000 (overview and scrutiny committees), after subsection (10) insert—

(10A) For provision about the appointment of persons to chair overview and scrutiny committees of local authorities in Wales, see sections 66 to 75 of the Local Government (Wales) Measure 2011.

Co-opted members of overview and scrutiny committees

Guidance and directions about co-option

76

(1) A local authority must, in exercising or deciding whether to exercise a co-option function—

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

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

(2) In this section “co-option function” means a function of a local authority that relates to co-opted members of—

(a) overview and scrutiny committees, or

(b) sub-committees of such committees.

(3) That includes (but is not limited to) a function that relates to appointment of such co-opted members.

Provision of information

Forward plans and other information

77

(1) The Welsh Ministers may by regulations make provision for or in connection with requiring prescribed information about the exercise of the functions of—

(a) an overview and scrutiny committee of a local authority, or

(b) a sub-committee of such a committee,

to be made available to members of the public or members of the authority.

(2) The provision that may be made under subsection (1) includes (but is not limited to)—

(a) provision requiring prescribed information to be made available in advance of the exercise of functions mentioned in that subsection, and

(b) provision as to the way or form in which prescribed information is to be made available.

Restricting party control of committees

Prohibition of whipped votes & declaration of party whips

78

(1) A member of an overview and scrutiny committee must not vote on a question at a meeting of the committee if, before the meeting, the member has been given a party whip relating to the question (a “prohibited party whip”).

(2) A vote that is given in breach of subsection (1) must be disregarded.

(3) Standing orders must provide that, at each meeting of an overview and scrutiny committee of a local authority, each member of the committee must declare any prohibited party whip which the member has been given in relation to the meeting.

(4) Standing orders must require the minutes of each meeting of an overview and scrutiny committee to record all such declarations of prohibited party whips made at the meeting.

(5) It is for the person chairing a meeting of an overview and scrutiny committee to determine whether a member of the committee has been given a prohibited party whip in relation to the meeting.

(6) If the decision of a question by an overview and scrutiny committee is materially affected by a breach of this section, the decision is to be treated as if it had not been made.

(7) Subsection (6) does not affect any act or omission of any person apart from the overview and scrutiny committee.

(8) For the purposes of subsection (6), the decision of a question by an overview and scrutiny committee is materially affected by a breach of this section if—

(a) one or more members of the committee vote on the question in breach of subsection (1),

(b) one or more of the votes mentioned in paragraph (a) is not disregarded in accordance with subsection (2), and

(c) the decision on the question would have been different if the vote or votes mentioned in paragraph (b) had been disregarded in accordance with subsection (2).

(9) This section applies in relation to a sub-committee of an overview and scrutiny committee as it applies to the overview and scrutiny committee (and references in this section to an overview and scrutiny committee are accordingly to be read as including references to such a sub-committee).

(10) In this section—

“party whip” (“cyfarwyddyd chwip plaid”) means an instruction (however expressed) which—is given on behalf of a political group on a local authority;is given to a person (P) who is—a member of the political group, anda member of an overview and scrutiny committee of the local authority;is an instruction as to how P should vote on a question falling to be decided by the committee; andif not complied with by P, would be likely to make P liable to disciplinary action by the political group which gives the instruction;

“political group” (“grŵp gwleidyddol”) means a group of members of a local authority that is a political group for the purposes of Part 1 of the Local Government and Housing Act 1989;

“standing orders” (“rheolau sefydlog”), in relation to an overview and scrutiny committee, means standing orders regulating the proceedings and business of that committee.

Overview and scrutiny committee structure

Guidance and directions

79

(1) The Welsh Ministers may give a local authority—

(a) guidance about the authority's overview and scrutiny committee structure, or

(b) directions about the authority's overview and scrutiny committee structure.

(2) A local authority must have regard to guidance given by the Welsh Ministers under this section.

(3) A local authority must comply with directions given by the Welsh Ministers under this section.

(4) In this section, references to a local authority's overview and scrutiny committee structure include (but are not limited to) references to the following things—

(a) the number of overview and scrutiny committees which the authority has;

(b) the number of sub-committees (if any) which overview and scrutiny committees of the authority have;

(d) the functions of sub-committees of overview and scrutiny committees of the authority.

Interpretation

Interpretation of this Chapter

80

In this Chapter—

“co-opted member” (“aelod cyfetholedig”), in relation to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, means a person who is—a member of the committee or sub-committee, butnot a member of the local authority;

“overview and scrutiny committee” (“pwyllgor trosolwg a chraffu”) has the same meaning as in Part 2 of the Local Government Act 2000 (see section 21 of that Act).

CHAPTER 2 — GOVERNANCE AND AUDIT COMMITTEES

Local authorities to appoint governance and audit committees

81

(1) A local authority must appoint a committee (a “governance and audit committee”) to—

(a) review and scrutinise the authority's financial affairs,

(b) make reports and recommendations in relation to the authority's financial affairs,

(c) review and assess the risk management, internal control , performance assessment and corporate governance arrangements of the authority,

(d) make reports and recommendations to the authority on the adequacy and effectiveness of those arrangements,

(da) review and assess the authority's ability to handle complaints effectively,

(db) make reports and recommendations in relation to the authority's ability to handle complaints effectively,

(e) oversee the authority's internal and external audit arrangements, and

(f) review the financial statements prepared by the authority.

(1A) See Chapter 1 of Part 6 of the Local Government and Elections (Wales) Act 2021 (performance and governance of principal councils) for further functions of governance and audit committees.

(2) A local authority may confer on its governance and audit committee such other functions as the authority considers suitable to be exercised by such a committee.

(3) It is for a governance and audit committee to determine how to exercise its functions.

Membership

82

(1) A local authority is to appoint the members of its governance and audit committee.

(2) A local authority must secure that—

(a) ... two-thirds of the members of that committee are members of the authority;

(b) one-third of the members of that committee are lay persons;

(c) no more than one of the members of that committee is a member of the authority's executive (but see subsection (8)) or an assistant to its executive;

(d) the senior member of its executive is not a member of that committee.

(3) Subsection (2)(c) does not require the membership of a local authority's governance and audit committee to include a member of the authority's executive or an assistant to its executive.

(4) The appointment of a person as a member of a governance and audit 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).

(5) In a case where one or more persons are to become, or to cease to be, members of a governance and audit 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).

(5A) A governance and audit committee is to appoint—

(a) a member of the committee as its chair (“the committee chair”), and

(b) a member of the committee as the deputy to the committee chair (“the deputy chair”).

(5B) The member appointed as the committee chair must be a lay person.

(5C) The member appointed as the deputy chair must not be a member of the local authority's executive or an assistant to its executive.

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

(7) A governance and audit committee 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.

(8) 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 governance and audit committee (and if they are so appointed, together they count as one executive member for the purposes of subsection (2)(c)).

Proceedings etc

83

(1) A meeting of a governance and audit committee is to be chaired—

(a) by the committee chair, or

(b) if the committee chair is absent, by the deputy chair.

(2) If both the committee chair and the deputy chair are absent the committee may appoint a member of the committee who is not a member of the local authority's executive, or an assistant to its executive, to chair the meeting.

(3) All members of a governance and audit committee may vote on any question that falls to be decided by the committee.

(3A) If two or more members of a governance and audit committee are members of the executive who share office, those members have between them one vote for the purposes of subsection (3).

(4) A governance and audit committee of a local authority—

(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.

(5) It is the duty of any member or officer of a local authority to comply with any requirement imposed under subsection (4)(a).

(6) A person is not obliged by subsection (5) 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.

(7) A governance and audit committee is to be treated as a 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).

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

Frequency of meetings

84

(1) A governance and audit committee must meet once in every calendar year.

(2) The governance and audit 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 governance and audit 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 governance and audit committee to secure that meetings of the committee are held as required by subsections (1) and (2).

(4) This section does not prevent a governance and audit committee from meeting otherwise than as required by this section.

Guidance

85

(1) The Welsh Ministers may give guidance to local authorities—

(a) about the functions of governance and audit committees and the exercise of those functions, or

(b) about the membership of such committees.

(2) A local authority and its governance and audit committee must have regard to guidance given by the Welsh Ministers under subsection (1).

Termination of membership on ceasing to be member of authority

86

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

(a) appointed to be a member of a governance and audit committee of a local authority, 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 governance and audit 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 governance and audit committee.

Interpretation etc

87

(1) Expressions used in this Chapter and in Part 2 of the Local Government Act 2000 (or in an instrument made under that Part of that Act) have the same meanings in this Chapter as in that Part of that Act (or in that instrument).

(2) In this Chapter—

“lay person” (“lleygwr”) means a person who— is not a member or an officer of any local authority,has not at any time in the period of twelve months ending with the date of that person's appointment been a member or an officer of any local authority, andis not the spouse or civil partner of a member or an officer of any local authority;

“senior member of a local authority” (“aelod hŷn awdurdod lleol”) means—in the case of a local authority which operates a leader and cabinet executive (Wales), the executive leader;in the case of a local authority which operates a mayor and cabinet executive, the mayor.

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

PART 7 — COMMUNITIES AND COMMUNITY COUNCILS

CHAPTER 1 — COMMUNITY MEETINGS AND COMMUNITY POLLS

Convening of community meetings by local government electors

88

(1) Paragraph 30 of Schedule 12 to the Local Government Act 1972 is amended as follows—

(a) for sub-paragraph (1) substitute—

(1) Where there is a community council for a community, a community meeting may be convened at any time by the chairman of the council or by any two councillors representing the community on the council.

;

(b) in sub-paragraph (2), for “any community meeting” substitute “ a community meeting convened under sub-paragraph (1) above ”;

(c) in sub-paragraphs (3) and (4), for “a community meeting” substitute “ a community meeting convened under sub-paragraph (1) above ”;

(d) in sub-paragraph (3), for “any of the matters mentioned in section 29B(4) of this Act” substitute “ the existence of the community council or the grouping of the community with other communities ”;

(e) at the end of the paragraph insert—

(5) For the purposes of sub-paragraph (3) above, business relates to the existence of the community council or the grouping of the community with other communities if it relates to any function of a community meeting under sections 27A to 27L of this Act.

(2) After paragraph 30 of Schedule 12 to the Local Government Act 1972 insert the following—

(30A) A community meeting may also be convened at any time by not less than— (a) 10% of the local government electors for the community, or (b) 50 of the electors (if 10% of the electors exceeds 50 electors).

Notice of community meeting convened by local government electors

89

After paragraph 30A of Schedule 12 to the Local Government Act 1972 insert the following—

(30B) (1) Where a group of individuals assert that they have convened a community meeting under paragraph 30A above, those individuals must ensure that a notice which complies with the following requirements of this paragraph is given— (a) in a case where there is a community council for the community, to the community council, or (b) in a case where there is no community council for the community, to the principal council within whose area the community lies. (2) The notice must contain— (a) unless sub-paragraph (5) below applies to an individual, the name and address of each of the individuals who assert that they have convened a community meeting under paragraph 30A; (b) unless sub-paragraph (5) below applies to an individual, the signature of each of those individuals; (c) the business which is proposed to be transacted at the meeting; (d) the proposed time and place at which the meeting is to be held. (3) The notice must— (a) where it is given under sub-paragraph (1)(a) above, be in writing (but not in an electronic form); (b) where it is given under sub-paragraph (1)(b) above, be— (i) in writing (but not in an electronic form), or (ii) in an electronic form which meets the technical requirements set by the principal council under paragraph 30C below. (4) In sub-paragraph (2) above— (a) “address” means the individual's qualifying address for the purposes of the register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for the local government area (within the meaning of that Act) in which the community lies; (b) “signature” means— (i) where a notice is in writing, an individual's signature or, if the individual cannot give a signature, a signature given on the individual's behalf by a duly authorised individual who, in giving that signature, declares that he or she is so authorised; (ii) where a notice is in an electronic form, an electronic signature in respect of an individual which meets the authentication requirements for such signatures set by the principal council under paragraph 30C below. (5) This sub-paragraph applies to an individual in respect of whom an anonymous entry under section 9B of the Representation of the People Act 1983 has been made in a register of local government electors. (6) Where sub-paragraph (5) above applies to an individual, the notice referred to in sub-paragraph (2) above— (a) need not include the individual's name and address and, if it does not do so, must instead include the contents of the anonymous entry made in respect of the individual in the register of local government electors, and (b) need not include a signature in respect of the individual. (7) Where a notice is in electronic form, it is to be treated as given to a principal council when the notice is given in accordance with whatever requirements the council has set as to the giving of such notices under paragraph 30C(2) below.

Facility for the provision of electronic notices of the convening of community meetings

90

After paragraph 30B of Schedule 12 to the Local Government Act 1972 insert the following—

(30C) (1) A principal council must provide a facility so that notices under paragraph 30B(1)(b) above may be given to the council in electronic form (“electronic notices”). (2) The council must set and, to such extent as the council considers appropriate, publicise the following requirements for electronic notices— (a) the authentication requirements to be met by an electronic signature included within an electronic notice, and (b) the other technical requirements to be met by and in relation to an electronic notice.

Action following receipt of notice of the convening of a community meeting

91

After paragraph 30C of Schedule 12 to the Local Government Act 1972 insert the following—

(30D) (1) Where a principal council or a community council has been given a notice under paragraph 30B above, the council must consider— (a) whether the group of individuals to whom the notice relates is comprised of— (i) at least 50 local government electors for the community in question, or (ii) at least 10% of the local government electors for the community in question, and (b) whether the notice meets the requirements of paragraph 30B above. (2) If the council is of the opinion that— (a) the group of individuals to whom the notice relates is comprised of electors as described in paragraph (1)(a)(i) or (ii) above, and (b) the notice meets the requirements of paragraph 30B above, the council must give a public notice in accordance with paragraph 30E below. (3) If the council is not of the opinion described in paragraph (2) above, the council must take all reasonable steps to give notice to the individuals to whom the notice relates as to why the council is not of that opinion. (4) The relevant registration officer must supply the council with any information in relation to an individual in respect of whom the notice under paragraph 30B includes an anonymous entry, by virtue of sub-paragraph (6)(a) of that paragraph, that it is necessary for the council to have in order to perform the council's functions under this paragraph. (5) In sub-paragraph (4) above, “relevant registration officer” means the registration officer under section 8 of the Representation of the People Act 1983 in relation to the register of local government electors maintained under section 9(1)(b) of that Act for the local government area (within the meaning of that Act) in which the community in question lies.

Public notice of community meeting

92

After paragraph 30D of Schedule 12 to the Local Government Act 1972 insert the following—

(30E) (1) The public notice required by paragraph 30D(2) above must be given within a period of 30 days beginning with the day on which the council became of the opinion described in that paragraph. (2) Except in a case falling within sub-paragraph (3) below, the public notice must be given not less than seven clear days before the community meeting. (3) Where any business proposed to be transacted at the meeting relates to the existence of the community council or the grouping of the community with other communities, the public notice must be given not less than 30 clear days before the meeting. (4) The public notice must— (a) specify the time and place of the intended meeting; (b) specify the business to be transacted at the meeting; (c) be signed by the proper officer. (5) In specifying a time and place for the purposes of sub-paragraph (4)(a) above, the council must take into account the proposed time and place contained in the notice given to the council under paragraph 30B(2)(d) above. (6) The business specified for the purposes of sub-paragraph (4)(b) above must be the same as that contained in the notice given to the council under paragraph 30B(2)(c) above. (7) Public notice of a community meeting shall be given— (a) by posting a notice of the meeting in some conspicuous place or places in the community, (b) in such other manner, if any, as appears to the council to be desirable for giving publicity to the meeting. (8) For the purposes of sub-paragraph (3) above, business relates to the existence of the community council or the grouping of the community with other communities if it relates to any function of a community meeting under sections 27A to 27L of this Act.

Demands for community polls

93

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Notice to be given by returning officer following taking of a poll consequent on a community meeting

94

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Determination of monitoring officer as to the council to whose functions a poll relates

95

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Consideration of result of community poll by community council

96

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Action to be taken following community council's consideration of results of certain community polls

97

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Consideration of result of community poll by principal council

98

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Principal council's explanation of its response to a community poll

99

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CHAPTER 2 — ORGANISATION OF COMMUNITIES AND THEIR COUNCILS

Repeal of existing provisions about establishment and dissolution of community councils etc

100

Sections 28 to 29B of the Local Government Act 1972 are omitted.

Power of community meeting to apply for an order establishing a community council

101

After section 27 of the Local Government Act 1972 insert the following—

(27A) (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community which does not have a separate council for an order under section 27B establishing a separate council for the community. (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to establish a separate council for the community. (3) For the purposes of the first condition a decision is only effective if not less than— (a) 10% of the local government electors for the community, or (b) 150 of the electors (if 10% of the electors exceeds 150 electors), are present and voting at the community meeting. (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken. (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to establish a separate council for the community (that period of two years beginning with the day on which the earlier poll was held). (6) The fourth condition is that a majority of those voting in the poll support the proposal to establish a separate council for the community. (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.

Orders establishing separate community councils for communities

102

After section 27A of the Local Government Act 1972 insert the following—

(27B) (1) This section applies where a community meeting of a community which does not have a separate council applies to the principal council within whose area it lies for an order establishing a separate council for the community. (2) The principal council must consider whether it is satisfied that— (a) the conditions in section 27A are met; and (b) any relevant requirements of Schedule 12 have been met. (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (6) below). (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council in accordance with this Act and Part I of the Representation of the People Act 1983. (5) No order shall be made so as to establish a separate community council for a community grouped under a common community council unless— (a) the community is separated from the group, or (b) the group is dissolved, by the order, or by an order under section 27J or section 27L below. (6) Where, in a case to which subsection (5) above applies, the group is not dissolved, the order under this section shall make such provision as appears to the principal council to be necessary for the alteration of the group's community council.

Power of community meeting to apply for an order dissolving its separate community council

103

After section 27B of the Local Government Act 1972 insert the following—

(27C) (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community which has a separate council for an order under section 27D dissolving the council. (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to dissolve the council for the community. (3) For the purposes of the first condition a decision is only effective if not less than— (a) 30% of the local government electors for the community, or (b) 300 of the electors (if 30% of the electors exceeds 300 electors), are present and voting at the community meeting. (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken. (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to dissolve the separate council for the community (that period of two years beginning with the day on which the earlier poll was held). (6) The fourth condition is that at least two-thirds of those voting in the poll support the proposal to dissolve the separate council for the community. (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.

Orders dissolving separate community councils for communities

104

After section 27C of the Local Government Act 1972 insert the following—

(27D) (1) This section applies where a community meeting of a community which has a separate council applies to the principal council within whose area it lies for an order dissolving the council for the community. (2) The principal council must consider whether it is satisfied that— (a) the conditions in section 27C are met; and (b) any relevant requirements of Schedule 12 have been met. (3) If the council is so satisfied, the council must make the order applied for.

Power of community meeting to apply for an order grouping its community with other communities under a common community council

105

After section 27D of the Local Government Act 1972 insert the following—

(27E) (1) This section sets out the conditions that must be met before an application may be made by a community meeting for an order under section 27F grouping the community with some neighbouring community or communities which lie in the same principal area as the community, under a common community council. (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to group the community with a neighbouring community or communities which lie in the same principal area as the community, under a common community council. (3) For the purposes of the first condition a decision is only effective if not less than— (a) 10% of the local government electors for the community, or (b) 150 of the electors (if 10% of the electors exceeds 150 electors), are present and voting at the community meeting. (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken. (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of an identical proposal to group the community with a neighbouring community or communities (that period of two years beginning with the day on which the earlier poll was held). (6) The fourth condition is that a majority of those voting in the poll support the proposal to group the community with a neighbouring community or communities which lie in the same principal area as the community, under a common community council. (7) The fifth condition is that the application is made jointly with the community meeting, or meetings, for the community, or communities to be grouped under the common community council. (8) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.

Orders grouping a community with other communities under a common community council

106

After section 27E of the Local Government Act 1972 insert the following—

(27F) (1) This section applies where a community meeting of a community applies to the principal council within whose area it lies for an order grouping the community with some neighbouring community or communities which lie in the same principal area as the community, under a common community council. (2) The principal council must consider whether it is satisfied that— (a) the conditions in section 27E are met; and (b) any relevant requirements of Schedule 12 have been met. (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (7) below). (4) The order shall provide for the name of the group in both an English and a Welsh form. (5) The order shall— (a) make such provision as appears to the principal council to be necessary for the election, in accordance with this Act and Part I of the Representation of the People Act 1983, of separate representatives on the community council for each community or for the wards of any community, and (b) provide for the dissolution of the separate community council of any community included in the group. (6) The order shall make such provision as appears to the principal council to be necessary for the application to the communities included in the group of all or any of the provisions of section 79 of the Charities Act 1993 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community. (7) The order may provide for any necessary adaptations of this Act in relation to the group of communities.

Power of community meeting to apply for an order adding its community to a group of communities with a common council

107

After section 27F of the Local Government Act 1972 insert the following—

(27G) (1) This section sets out the conditions that must be met before an application may be made by a community meeting for an order under section 27H adding the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council. (2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to add the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council. (3) For the purposes of the first condition a decision is only effective if not less than— (a) 10% of the local government electors for the community, or (b) 150 of the electors (if 10% of the electors exceeds 150 electors), are present and voting at the community meeting. (4) The second condition is that a majority of those voting in the poll support the proposal to add the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council. (5) The third condition is that a community meeting of each of the communities in the group has made an effective decision to hold a poll on a proposal to consent to the community in question becoming a member of the group. (6) For the purposes of the third condition a decision is only effective if not less than— (a) 10% of the local government electors for the community, or (b) 150 of the electors (if 10% of the electors exceeds 150 electors), are present and voting at the community meeting. (7) The fourth condition is that a majority of those voting in a poll following an effective decision for the purposes of the third condition support the proposal to consent to the community in question becoming a member of the group. (8) The fifth condition is that none of the above polls are held within two years of an earlier poll which resulted in a rejection of an identical proposal to add the community in question to the group of communities (that period of two years beginning with the day on which the earlier poll was held). (9) The sixth condition is that none of the above polls are held before the end of the period of 42 days beginning with the day on which the decision to hold that poll was taken. (10) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.

Orders adding a community to a group of communities with a common council

108

After section 27G of the Local Government Act 1972 insert the following—

(27H) (1) This section applies where a community meeting of a community applies to the principal council within whose area it lies for an order adding the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council. (2) The principal council must consider whether is it satisfied that— (a) the conditions in section 27G are met; and (b) any relevant requirements of Schedule 12 have been met. (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (7) below). (4) order shall provide for the name of the group in both an English and a Welsh form. (5) The order shall— (a) make such provision as appears to the principal council to be necessary for the election, in accordance with this Act and Part I of the Representation of the People Act 1983, of separate representatives on the community council for the community that is added to the group or for the wards of that community, and (b) provide for the dissolution of any separate community council for the community that is added to the group. (6) The order shall make such provision as appears to the principal council to be necessary for the application to the communities included in the group of all or any of the provisions of section 79 of the Charities Act 1993 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community. (7) The order may provide for any necessary adaptations of this Act in relation to the group of communities.

Power of council for a group of communities to apply for an order dissolving the group

109

After section 27H of the Local Government Act 1972 insert the following—

(27I) (1) This section sets out the conditions that must be met before an application may be made by a council for a group of communities to the principal council in whose area the communities lie for an order under section 27J below dissolving the group. (2) The first condition is that a community meeting of each of the communities in the group has taken an effective decision to hold a poll on a proposal to dissolve the group. (3) For the purposes of the first condition a decision is only effective if not less than— (a) 30% of the local government electors for the community, or (b) 300 of the electors (if 30% of the electors exceeds 300 electors), are present and voting at the community meeting. (4) The second condition is that no poll is held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken. (5) The third condition is that no poll is held within two years of an earlier poll which resulted in a rejection of a proposal to dissolve the group (that period of two years beginning with the day on which the earlier poll was held). (6) The fourth condition is that at least two thirds of those voting in each poll support the proposal to dissolve the group. (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.

Orders dissolving a group of communities

110

After section 27I of the Local Government Act 1972 insert the following—

(27J) (1) This section applies where the council for a group of communities applies to the principal council within whose area the communities lie for an order dissolving the group. (2) The principal council must consider whether is it satisfied that— (a) the conditions in section 27I are met; and (b) any relevant requirements of Schedule 12 have been met. (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsection (4)). (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council for any of the communities in the group in accordance with this Act and Part I of the Representation of the People Act 1983.

Power of community meeting to apply for order separating community from a group of communities

111

After section 27J of the Local Government Act 1972 insert the following—

(27K) (1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community included in a group of communities for an order under section 27L separating the community from the group. (2) The first condition is that a community meeting of the community has taken an effective decision to hold a poll on a proposal to separate the community from its group. (3) For the purposes of the first condition a decision is only effective if not less than— (a) 30% of the local government electors for the community, or (b) 300 of the electors (if 30% of the electors exceeds 300 electors), are present and voting at the community meeting. (4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken. (5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to separate the community from its group (that period of two years beginning with the day on which the earlier poll was held). (6) The fourth condition is that at least two-thirds of those voting in the poll support the proposal to separate the community from its group. (7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.

Orders separating a community from a group of communities

112

After section 27K of the Local Government Act 1972 insert the following—

(27L) (1) This section applies where a community meeting of a community included in a group of communities applies to the principal council within whose area the community lies for an order separating the community from the group. (2) The principal council must consider whether is it satisfied that— (a) the conditions in section 27K are met; and (b) any relevant requirements of Schedule 12 have been met. (3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsection (4)). (4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council for the community in accordance with this Act and Part I of the Representation of the People Act 1983.

Power of Welsh Ministers to alter voting threshold in connection with organisation of community councils

113

After section 27L of the Local Government Act 1972 insert the following—

(27M) (1) The Welsh Ministers may by order amend the following provisions of this Act— (a) section 27A(3) and (6); (b) section 27C(3) and (6); (c) section 27E(3) and (6); (d) section 27G(3), (4), (6) and (7); (e) section 27I(3) and (6); (f) section 27K(3) and (6). (2) That power includes power to amend provision previously made by an order under subsection (1). (3) No order may be made under subsection (1) unless the Welsh Ministers have carried out such consultation as they consider appropriate with the following— (a) principal councils in Wales or a body representative of such councils; and (b) community councils in Wales or a body representative of such councils. (4) The power of the Welsh Ministers to make an order under subsection (1) is exercisable by statutory instrument. (5) A statutory instrument which contains an order under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

Organisation of communities and their councils: consequential amendments

114

(1) ment Act 1972 is amended as follows—

(a) in section 30(5), for “under section 28, 29 or 29A” substitute “ referred to in section 27B, 27D, 27F, 27H, 27J or 27L ”;

(b) in section 31—

(i) in the heading, for “27 to 29” substitute “ 27A to 27L ”;

(ii) in subsection (1), for “28, 29 or 29A” substitute “ 27B, 27D, 27F, 27H, 27J or 27L ”;

Transitional provision

115

Sections 88(1)(d) and (e), 100 to 112, section 114 (“the Chapter 2 provisions”) do not apply in relation to—

(a) an application made under section 28, 29 or 29A of the Local Government Act 1972 before the date on which the Chapter 2 provisions come into force; and

(b) an application made after that date but in relation to which a poll as referred to in section 29B(4) was held before the date on which the Chapter 2 provisions come into force.

CHAPTER 3 — CO-OPTION OF MEMBERS OF COMMUNITY COUNCILS

Requirement of public notice where vacancies in community council membership are to be filled by co-option

116

(1) This section applies to the following functions—

(a) the power of members of a community council under section 21(2)(a) of the Representation of the People Act 1985 to co-opt a person to fill a vacancy in the membership of the council (power to co-opt in the event of insufficient nominations to fill vacancies in respect of which an election is held);

(b) any power or duty of a community council under rules made under section 36A of the Representation of the People Act 1983 to co-opt a person to fill a casual vacancy in the membership of the council.

(2) A function to which this section applies must not be exercised unless public notice of the vacancy or vacancies in question has been given.

(3) The public notice must be given—

(a) in the case of the power to co-opt referred to in subsection (1)(a), by any one of the members of the community council authorised for that purpose by a majority of the other members;

(b) in the case of the power or duty to co-opt referred to in subsection (1)(b), by the community council.

(4) Section 232 of the Local Government Act 1972 (public notices) applies to the giving of a public notice by a member of a community council under subsection (3)(a) as it applies to the giving of a public notice by a community council under subsection (3)(b).

(5) The public notice must contain—

(a) contact details of an individual from whom further information about the vacancy or vacancies in question, and the process for selecting a person for co-option, may be obtained;

(b) such other information as—

(i) in the case of a notice under subsection (3)(a), the members of the community council consider appropriate, and

(ii) in the case of a notice under subsection (3)(b), the community council considers appropriate, and

Guidance about giving public notice of co-option

117

(1) In exercising functions under subsections (2) to (5) of section 116, the members of a community council and a community council must have regard to guidance given by the Welsh Ministers.

(2) The reference to functions in subsection (1) includes a reference to functions under section 232 of the Local Government Act 1972 in relation to a notice required to be given under section 116(2).

CHAPTER 4 — APPOINTMENT OF COMMUNITY YOUTH REPRESENTATIVES

Appointment of community youth representatives by community councils

118

(1) A community council may appoint no more than two individuals to act at any one time as community youth representatives (but this is subject to section 119).

(2) For the purposes of subsection (1) a “community youth representative” is an individual—

(a) who is over the age of 15 but has not attained the age of 26; and

(b) whom the community council considers to be suitable to act as a community representative, that is to represent the interests of those individuals who live, work or receive education or training in the community area who have not attained the age of 26.

(3) A youth representative is to hold and vacate office in accordance with the terms of the representative's appointment.

(4) But a youth representative's appointment shall cease if the representative attains the age of 26.

Notice requirements in connection with youth representative appointments

119

(1) A community council must not appoint an individual as a community youth representative under section 118 unless the council has complied with the requirements of this section.

(2) The council must give public notice of its intention to make a community youth representative appointment.

(3) In its application to the giving of a notice under this section, section 232 of the Local Government Act 1972 shall have effect subject to the modifications contained in subsections (4) and (5).

(4) The first modification is that subsection (1)(b) of section 232 is substituted by the following—

(b) by giving the notice to the head teacher and proprietor of any school any part of whose premises is situated within the area of the community or communities for which the community council is established; (c) by giving the notice to the principal and governing body of any institution within the further or higher education sector any part of whose premises is situated within the area of the community or communities for which the community council is established; and (d) in such other manner, if any, as appears to the community council to be desirable for ensuring that as many individuals as possible who may be eligible for appointment as community youth representatives are aware that the council intends to appoint such a representative.

(5) The second modification is that the following is inserted at the end of section 232—

(3) Where a term used in paragraph (b) or (c) of subsection (1) is defined by the Education Act 1996, that definition shall apply for the purposes of those paragraphs. (4) The reference in subsection (1)(c) to the principal or governing body of an institution includes a reference to a person with functions that are similar to those of a principal or governing body.

(6) The public notice must contain—

(a) contact details of an individual from whom further information about the appointment, and the process of selecting a person for appointment, may be obtained;

(b) such other information as the community council considers appropriate; and

Guidance about appointment of community youth representatives

120

(1) In exercising functions under sections 118 and 119, a community council must have regard to guidance given by the Welsh Ministers.

(2) The reference to functions in subsection (1) includes a reference to functions under section 232 of the Local Government Act 1972 as it applies in relation to a notice required to be given under section 119(2) of this Measure.

Effect of appointment as a community youth representative

121

A community youth representative is not a member of the community council which appointed the representative, but the Welsh Ministers may by regulations provide that a community youth representative is to be treated for prescribed purposes as a member of the council which appointed the representative.

CHAPTER 5 — REVIEWS OF COMMUNITY AREAS AND ELECTORAL ARRANGEMENTS

Reports about discharge of a principal council's function of keeping community areas under review

122

After section 55(2) of the Local Government Act 1972 insert the following—

(2A) Each Welsh principal council must, every fifteen years, publish a report which describes what the council has done in the previous fifteen years in order to discharge its duty to keep the whole of their area under review for the purpose described in subsection (2). (2B) The council must send a copy of any report published under subsection (2A) to the Welsh Commission. (2C) The first report under subsection (2A) must be published within four years of the day on which that subsection comes into force. (2D) Further reports must be published within fifteen years of the date on which the last report under subsection (2A) was published.

Reports about discharge of a principal council's function of keeping electoral arrangements for communities under review

123

After section 57(4) of the Local Government Act 1972 insert the following—

(4A) Each Welsh principal council must, every fifteen years, publish a report which describes what the council has done in the previous fifteen years in order to discharge its duty to keep the whole of the area under review for the purpose described in subsection (4). (4B) The council must send a copy of any report published under subsection (4A) to the Welsh Commission. (4C) The first report under subsection (4A) must be published within four years of the day on which that subsection comes into force. (4D) Further reports must be published within fifteen years of the date on which the last report under subsection (4A) was published.

Exercise of functions by the Local Government Boundary Commission for Wales on behalf of principal councils

124

After section 57 of the Local Government Act 1972 insert the following—

(57A) (1) Arrangements may be made between the Welsh Commission and a principal council in Wales under which the Commission exercises, to whatever extent and subject to whatever terms the parties may agree, all or any of the functions of the principal council referred to in subsection (2). (2) The functions are— (a) the principal council's function of keeping under review the whole of their area for the purpose specified in section 55(2) or the purpose specified in section 57(4); (b) the principal council's function of considering requests specified in section 55(2) or section 57(4).

Sums payable in respect of reviews carried out by the Local Government Boundary Commission for Wales

125

After section 56(4) of the Local Government Act 1972 insert the following—

(4A) A direction given to the Welsh Commission under subsection (4) may require the principal council to pay to the Commission such sum as is specified, or calculated according to a formula contained, in the direction. (4B) Any dispute as to the sum payable under the direction is to be determined by the Welsh Ministers. (4C) Any sum payable under a direction under subsection (4) is to be recoverable as a debt due to the Welsh Commission.

CHAPTER 6 — COMMUNITY COUNCILS' POWERS TO PROMOTE WELL-BEING

Community councils' powers to promote well-being

126

(1) In section 1 of the Local Government Act 2000 (meaning of “local authority” in Part 1 of that Act), at the end of subsection (1)(b) insert “ or a community council ”.

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

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

Modifications of enactments preventing or obstructing a community council from exercising their well-being power

127

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

Transitional provision

128

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

CHAPTER 7 — GRANTS TO COMMUNITY COUNCILS

Welsh Ministers' power to pay grant to community councils

129

(1) The Welsh Ministers may pay a grant to a community council towards expenditure incurred or to be incurred by it.

(2) The amount of a grant under this section and the manner of its payment are to be such as the Welsh Ministers may determine.

(3) A grant under this section may be paid on such conditions as the person paying it may determine.

(4) Conditions under subsection (3) may include (but are not limited to)—

(a) provision as to the use of the grant;

(b) provision as to circumstances in which the whole or part of the grant must be repaid.

CHAPTER 8 — MODEL CHARTER AGREEMENTS BETWEEN LOCAL AUTHORITIES AND COMMUNITY COUNCILS

Power to set out model charter agreement

130

(1) The Welsh Ministers may by order make provision setting out a model charter agreement between a local authority and a community council for a community or communities within its area.

(2) In subsection (1), “model charter agreement between a local authority and a community council” means a description of the way in which their functions can be exercised for the purpose of maintaining and improving cooperation between them.

(3) The provision that may be made by an order under subsection (1) includes (but is not limited to) provision—

(a) setting out the way in which specified functions, or aspects of such functions, are to be exercised;

(b) setting out specified functions, or aspects of such functions, in respect of which the local authority and the community council are to seek agreement as to how they are to be exercised;

(4) In this section and section 131, a reference to the exercise of functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the functions.

Directions requiring the adoption of model charter agreements

131

(1) The Welsh Ministers may by direction require a local authority and a community council for a community or communities within the authority's area to adopt a model charter agreement set out in an order under section 130(1).

(2) In subsection (1), “adopt” means resolve, in accordance with any procedure specified in the direction, to exercise functions, or to seek agreement as to how to exercise functions, in accordance with—

(a) all the provisions of the model charter agreement, or

(b) those provisions specified in the direction.

(3) A direction under subsection (1) may—

(a) relate to all, or any one or more, of the community councils for communities within the area of the local authority, and

(b) if the direction relates to more than one community council, make different provision in relation to different councils.

(4) A direction under subsection (1) is enforceable by mandatory order on the application of the Welsh Ministers.

Guidance about model charter agreements

132

A local authority and a community council must, in acting under a direction under section 131(1), have regard to guidance given by the Welsh Ministers.

Consultation

133

(1) The Welsh Ministers must, before making an order under section 130(1), consult—

(a) such bodies representative of local authorities and community councils as the Welsh Ministers consider it appropriate to consult, and

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

(2) The Welsh Ministers must, before giving a direction under section 131(1), consult the authority and council to which the direction relates.

CHAPTER 9 — SCHEMES FOR THE ACCREDITATION OF QUALITY IN COMMUNITY GOVERNMENT

Schemes for the accreditation of quality in community government

134

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

Accreditation of quality in community government: criteria

135

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

Accreditation of quality in community government: applications

136

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

Accreditation of quality in community government: fees

137

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

Accreditation of quality in community government: removal of accreditation

138

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

Applications for accreditation of quality in community government: delegation of functions

139

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

Accreditation of quality in community government: consequences

140

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

PART 8 — ...PAYMENTS AND PENSIONS

The Independent Remuneration Panel for Wales

The Panel

141

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

Principal functions of the Panel

Functions relating to payments to members

142

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

Functions relating to members' pensions

143

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

Functions relating to remuneration of chief executives

143A

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

Relevant authorities, members etc.

144

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

Reports by the Panel

Annual reports

145

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

First annual report

146

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

Subsequent annual reports

147

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

Consultation on draft reports

148

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

Directions to vary draft reports

149

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

Administrative requirements in reports

150

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

Publicity requirements in reports

151

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

Publicising reports

152

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

Payments by relevant authorities

Compliance with Panel's requirements

153

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

Members wishing to forgo payments

154

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

Withholding payments

155

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

Enforcement

Directions to comply with requirements

156

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

Supplementary

Guidance

157

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

Power to modify provision about Panel

158

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

Interpretation of Part 8

159

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

Consequential amendments

160

Schedule 3 (payments and pensions: minor and consequential amendments) has effect.

PART 9 — COLLABORATION AND AMALGAMATION

CHAPTER 1 — COLLABORATION

Guidance about collaboration between Welsh improvement authorities

161

After section 12 of the Local Government (Wales) Measure 2009 insert the following—

(12A) In deciding whether and how to exercise its functions under sections 9(1) and 12, a Welsh improvement authority must have regard to any guidance issued by the Welsh Ministers.

CHAPTER 2 — AMALGAMATION

Power to make amalgamation order

162

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

Electoral matters

163

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

Requirement to hold a referendum involving an elected mayor

164

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

Power to direct a referendum involving an elected mayor

165

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

Supplementary, incidental, consequential, transitional and saving provision

166

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

Review of electoral arrangements

167

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

Amendments to the Local Government Act 1972

168

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

Procedure applicable to an amalgamation order

169

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

Correction of orders

170

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

Interpretation of this Chapter

171

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

PART 10 — GENERAL

Orders and regulations

172

(1) Any power of the Welsh Ministers to make an order or regulations under this Measure is exercisable by statutory instrument.

(2) A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales—

(a) regulations under section 9(1)(i) ... ... or Part 2;

(b) an order under section ...158 ...;

(d) an order under section 177 that contains modifications of an enactment (other than an enactment contained in subordinate legislation).

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

(4) Any other statutory instrument containing an order or regulations under this Measure, apart from an instrument containing only an order under section 178 (commencement), is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(5) Any power of the Welsh Ministers under this Measure to apply an enactment is a power to apply it with or without modifications.

(6) Any power of the Welsh Ministers to make an order or regulations under this Measure includes (but is not limited to) power—

(a) to make different provision for different cases, different purposes, or different geographical areas;

(b) to make provision generally or in relation to specific cases;

(c) to make such supplementary, transitional, transitory, consequential, saving, incidental and other provision as the Welsh Ministers consider necessary or appropriate.

Procedure applicable to certain orders under section 127

173

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

Guidance and directions

174

(1) Any power of the Welsh Ministers to give guidance under this Measure includes power to vary or revoke guidance given.

(2) Any power of the Welsh Ministers to give directions under this Measure includes power to vary or revoke directions given.

(3) Any power of the Welsh Ministers to give guidance or directions under this Measure includes power—

(a) to make different provision for different cases, different purposes, or different geographical areas;

(b) to make provision generally or in relation to specific cases.

(4) Subsections (1) to (3) do not limit the powers under this Measure to give guidance or directions.

Interpretation

175

In this Measure—

“corporate joint committee” (“cyd-bwyllgor corfforedig”) means a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;

“enactment” (“deddfiad”) includes—an enactment whenever passed or made,an enactment contained in this Measure, andprovision contained in subordinate legislation (within the meaning of the Interpretation Act 1978);

“local authority” (“awdurdod lleol”) means a county borough council or county council in Wales;

“modifications” (“addasiadau”) includes (but is not limited to) amendments, repeals and revocations.

“prescribed” (“rhagnodedig”) means prescribed in regulations made by the Welsh Ministers.

Consequential amendments and repeals

176

(1) In section 106 of the Local Government Act 2000 (Wales), after subsection (4) insert—

(5) The power of the Welsh Ministers to make an order under section 21A(13)(b) or section 21G is exercisable by statutory instrument. (6) A statutory instrument which contains an order made by the Welsh Ministers under section 21A(13)(b) is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (7) A statutory instrument which contains an order under section 21G may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(2) Schedule 4 (repeals and revocations) has effect.

(3) The revocation of the Local Authorities (Allowances for Members) (Wales) Regulations 2007 (S.I. 2007/1086), by subsection (2), does not affect the power of the Panel to prescribe matters in relation to a scheme made under Part 2 of those Regulations where that scheme operates during any part of the financial year beginning 1 April 2011 (and for this purpose “Panel” and “financial year” have the same meanings as in Part 8 of this Measure).

Power to make supplementary provision

177

(1) The Welsh Ministers may, by order, make such supplementary, incidental, consequential, transitional, transitory and saving provision as they consider appropriate in connection with this Measure.

(2) The provision that may be made under subsection (1) includes (but is not limited to) modifications of any enactment.

(3) The modifications that may be made by virtue of subsection (2) are in addition to those made by or which may be made under any other provision of this Measure.

Commencement

178

(1) The following provisions come into force on the day after the day on which this Measure is approved by Her Majesty in Council—

(a) sections 58, 77, 79, 80 and 159;

(b) this Part (except section 176);

(2) The following provisions come into force at the end of the period of two months beginning with the day on which this Measure is approved by Her Majesty in Council—

(a) Parts 3 and 4;

(b) sections 55 and 76;

(d) Parts B and C of Schedule 4 (and section 176(2) in so far as it relates to Parts B and C of Schedule 4).

(3) Subject to subsections (1) and (2), this Measure comes into force in accordance with provision made by the Welsh Ministers by order.

Short title

179

This Measure may be cited as the Local Government (Wales) Measure 2011.

SCHEDULE 1

PART 1 — GENERAL PROVISIONS

Introduction

1

This Schedule applies to a local authority if it is required by section 35 to change from alternative arrangements to executive arrangements.

Proposals for moving to executive arrangements

2

(1) The local authority must draw up, and approve by resolution, proposals to change from alternative to executive arrangements.

(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 local authority must comply with sub-paragraphs (1) and (3) within the period of six months beginning with the day on which section 35 comes into force.

Contents of proposals

3

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

4

(1) If the proposed form of executive is a mayor and cabinet executive, the proposals must provide for the change to executive arrangements to be subject to approval in a referendum.

(2) If the proposed form of executive is a leader and cabinet executive (Wales), the proposals may not provide for the change to executive arrangements to be subject to approval in a referendum.

(3) Section 45 of the Local Government Act 2000 (provisions with respect to referendums) has effect as if subsection (9) included a reference to a referendum on a change from alternative arrangements to executive arrangements in accordance with section 35.

Timetable for implementation of change to leader and cabinet executive (Wales)

5

(1) This paragraph applies to a local authority's proposals if the proposed form of executive is a leader and cabinet executive (Wales).

(2) The timetable with respect to the implementation of the proposals must be such as to ensure that the local authority makes the change to 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 change to mayor and cabinet executive

6

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

(2) The timetable with respect to the implementation of the proposals must comply with sub-paragraphs (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 to 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

7

(1) This paragraph 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 a mayor and cabinet executive, states—

(i) that it is subject to approval in a referendum, 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 sub-paragraphs (2) and (3) as soon as practicable after its passes the resolution approving the proposals.

Implementing proposals

8

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

(2) But if the proposed form of executive—

(a) is a mayor and cabinet executive, and

(b) is not approved in the referendum on the change to that form of executive,

the local authority must not implement the change.

PART 2 — OTHER PROVISIONS APPLICABLE WHERE REFERENDUM REQUIRED

Outline fall-back proposals in case referendum rejects change

9

(1) This paragraph applies to a local authority if the proposed form of executive is a mayor and cabinet executive (and accordingly is subject to approval in a referendum).

(2) The local authority must draw up, and approve by resolution, an outline of the fall-back proposals (“outline fall-back proposals”) that it intends to implement if the proposals to change to a mayor and cabinet executive are rejected in the referendum.

(3) Fall-back proposals are proposals for making a change to executive arrangements that provide for a leader and cabinet executive (Wales).

(4) Paragraph 2(2) applies to the outline fall-back proposals as it applies to proposals under that paragraph.

(5) The outline fall-back proposals must include a timetable with respect to the implementation (in accordance with paragraph 11) of detailed fall-back proposals in the event that the change to the mayor and cabinet executive is not approved in the referendum.

(6) The local authority must comply with sub-paragraph (2) at the time it complies with paragraph 2(1).

(7) The local authority must send the Welsh Ministers a copy of the outline fall-back proposals that it has approved.

(8) The local authority must comply with sub-paragraph (7) at the time it complies with paragraph 2(3).

Action if referendum rejects change

10

(1) This paragraph applies to a local authority if—

(a) the proposed form of executive is a mayor and cabinet executive, and

(b) is not approved in the referendum on the change to that form of executive.

(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,

(d) states that, under the outline fall-back proposals, the local authority intends to operate a leader and cabinet executive (Wales).

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

(4) The local authority must draw up, and approve by resolution, detailed fall-back proposals which are based on the outline fall-back proposals.

(5) Paragraphs 2(2), 3 and 7(2) and (3) apply to the detailed fall-back proposals as they apply to proposals under paragraph 2.

(6) The local authority must send a copy of the detailed fall-back proposals to the Welsh Ministers.

(7) The local authority must comply with sub-paragraph (6) within the period of two months beginning with day of the referendum.

Timetable for implementation of detailed fall-back proposals

11

The timetable with respect to the implementation of the detailed fall-back proposals must be such as to secure that the local authority makes the change to the leader and cabinet executive (Wales) 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.

Implementing detailed fall-back proposals

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