Local Government and Elections (Wales) Act 2021 / Deddf Llywodraeth Leol ac Etholiadau (Cymru) 2021
Local Government and Elections (Wales) Act 2021 / Deddf Llywodraeth Leol ac Etholiadau (Cymru) 2021 (2021 c. 1)
- Local Government and Elections (Wales) Act 2021 / Deddf Llywodraeth Leol ac Etholiadau (Cymru) 2021 (2021 c. 1)
- PART 1 ELECTIONS
- Overview of Part
- 1 Overview
- Right to vote in local government elections
- 2 Extension of right to vote in local government elections
- 3 Transitional provision
- 4 Duty to promote awareness and provide assistance
- Voting systems for elections to principal councils
- 5 Two voting systems
- 6 Key definitions
- 7 The voting system that applies
- 8 Power to change the voting system
- 9 Resolutions to exercise the power to change the voting system
- 10 Duty to notify when resolution passed
- 11 Initial review by the Democracy and Boundary Commission Cymru
- 12 Restriction on number of councillors if single transferable vote system applies
- 13 Rules about the conduct of local elections in Wales
- Electoral cycles
- 14 Change of electoral cycle for principal councils from four years to five years
- 15 Change of electoral cycle for community councils from four years to five years
- 16 Change of electoral cycle for elected mayors from four years to five years
- 17 Extension of power to change ordinary day of local elections in Wales
- Registration of local government electors
- 18 Registration of local government electors without application
- Qualification for membership of a local authority
- 19 Qualification for election and holding office as a member of a local authority in Wales
- Disqualification of members of local authorities
- 20 Disqualification for election and being a member of a local authority
- 21 Disqualification of member of a local authority in Wales for appointment to paid office
- Documents at local government elections
- 22 Translations etc. of documents at local government elections in Wales
- General
- 23 Minor and consequential amendments
- PART 2 GENERAL POWER OF COMPETENCE
- CHAPTER 1 THE GENERAL POWER
- 24 Local authority's general power of competence
- 25 Boundaries of the general power
- 26 Limits on charging in exercise of general power
- 27 Limits on doing things for commercial purpose in exercise of general power
- 28 Powers to make supplementary provision
- 29 Amendments relating to this Chapter
- CHAPTER 2 ELIGIBLE COMMUNITY COUNCILS
- 30 Becoming an eligible community council
- 31 Continuing to be an eligible community council
- 32 Ceasing to be an eligible community council
- 33 Community councils that cease to be eligible: exercise of general power of competence
- 34 Common community councils established after this Act is passed
- 35 Power to amend or modify this Chapter
- 36 Guidance on exercise of functions under this Chapter
- 37 Amendments relating to this Chapter
- PART 3 PROMOTING ACCESS TO LOCAL GOVERNMENT
- CHAPTER 1 OVERVIEW OF PART
- 38 Overview
- CHAPTER 2 PUBLIC PARTICIPATION IN DECISION-MAKING BY PRINCIPAL COUNCILS
- Principal councils' duty to encourage participation in local government
- 39 Duty to encourage local people to participate in decision-making by principal councils
- 40 Strategy on encouraging participation
- 41 Public participation strategy: consultation and review
- Principal council's petition scheme
- 42 Duty to make petition scheme
- Addresses of members of principal councils
- 43 Duty on principal councils to publish official addresses
- Guidance
- 44 Guidance on exercise of functions under this Chapter
- CHAPTER 3 CONSTITUTION GUIDES
- 45 Principal councils' duty to publish constitution and constitution guide
- CHAPTER 4 LOCAL GOVERNMENT MEETINGS
- 46 Electronic broadcasts of meetings of certain local authorities
- 47 Attendance at local authority meetings
- 48 Participation at meetings of community councils
- 49 Notices etc. of local authority meetings
- 50 Regulations about conduct of local authority meetings, documents relating to meetings and publication of information
- 51 Regulations about community meetings
- CHAPTER 5 ANNUAL REPORTS BY COMMUNITY COUNCILS
- 52 Annual reports by community councils
- PART 4 LOCAL AUTHORITY EXECUTIVES, MEMBERS, OFFICERS AND COMMITTEES
- Overview of Part
- 53 Overview
- Chief executives
- 54 Chief executives
- 55 Replacement of references to “salary” in section 143A of the 2011 Measure
- 56 Reconsideration of remuneration following direction by the Welsh Ministers
- Executives of principal councils
- 57 Appointment of assistants to executive
- 58 Job-sharing: executive leaders and executive members
- 59 Content of, and duty to have regard to, guidance under section 38 of the 2000 Act
- Entitlement of members to job-share and to family absence
- 60 Job-sharing: non-executive offices in principal councils
- 61 Family absence for members of local authorities
- Conduct of members
- 62 Duties of leaders of political groups in relation to standards of conduct
- 63 Duty of standards committee to make annual report
- 64 Certain investigations by the Public Services Ombudsman for Wales
- Overview and scrutiny committees
- 65 Making information available to overview and scrutiny committees
- 66 Power to require authorities to appoint joint overview and scrutiny committees
- Training of members and staff of community councils
- 67 Community council training plans
- PART 5 COLLABORATIVE WORKING BY PRINCIPAL COUNCILS
- CHAPTER 1 TERMS USED IN PART
- 68 Terms used in Part
- CHAPTER 2 GUIDANCE ABOUT COLLABORATIVE WORKING
- 69 Guidance about collaborative working
- CHAPTER 3 ESTABLISHING CORPORATE JOINT COMMITTEES where request has been made
- Applications to establish a corporate joint committee
- 70 Application by principal councils to establish a corporate joint committee
- 71 Consultation before making joint committee application
- Requested joint committee regulations
- 72 Requested joint committee regulations
- 73 Conditions to be met before making requested joint committee regulations
- CHAPTER 4 ESTABLISHING CORPORATE JOINT COMMITTEES WHERE NO REQUEST HAS BEEN MADE
- 74 Joint committee regulations where no request has been made
- 75 Conditions to be met before making regulations under section 74
- CHAPTER 5 FURTHER PROVISION RELATING TO CORPORATE JOINT COMMITTEES AND JOINT COMMITTEE REGULATIONS
- Promotion and improvement of economic well-being
- 76 Economic well-being function
- Provision in joint committee regulations
- 77 Provision that may or must be included in joint committee regulations
- Amendment and revocation of joint committee regulations
- 78 Application by principal councils to amend or revoke joint committee regulations
- 79 Further provision in relation to applications
- 80 Amendment and revocation of joint committee regulations
- 81 Conditions to be met before amending joint committee regulations: application required from principal councils
- 82 Conditions to be met before amending or revoking joint committee regulations: no application required from principal councils
- Supplementary etc. provision in and in relation to joint committee regulations
- 83 Supplementary etc. provision in certain regulations under this Part
- 84 Power of the Welsh Ministers to amend, repeal etc. enactments
- Functions of and relating to corporate joint committees and principal councils
- 85 Requirement to provide information etc.
- 86 Guidance
- 87 Exercise by principal councils of functions under this Part
- Amendments of other enactments
- 88 Amendments relating to strategic planning and joint transport authorities
- PART 6 PERFORMANCE AND GOVERNANCE OF PRINCIPAL COUNCILS AND CORPORATE JOINT COMMITTEES
- CHAPTER 1 PERFORMANCE, PERFORMANCE ASSESSMENTS AND INTERVENTION : PRINCIPAL COUNCILS
- Performance
- 89 Duty of principal council to keep its performance under review
- 90 Duty to consult local people etc. on performance
- Self-assessments of performance
- 91 Duty of principal council to report on its performance
- Panel assessments of performance
- 92 Duty of principal council to arrange panel performance assessment
- 93 Duty of principal council to respond to report of panel performance assessment
- 94 Panel performance assessments: supplementary regulations
- Special inspections by Auditor General for Wales
- 95 Power of Auditor General to carry out a special inspection
- 96 Duty of principal council to respond to Auditor General's recommendations
- 97 Duty of the Welsh Ministers to respond to Auditor General's recommendations
- 98 Auditor General's powers of entry and inspection etc.
- 99 Auditor General's powers of entry and inspection etc.: notice and evidence of identity
- 100 Auditor General's powers of entry and inspection etc.: offences
- 101 Auditor General's fees
- Support and assistance with improving performance
- 102 Support and assistance by the Welsh Ministers
- 103 Direction to a principal council to provide support and assistance
- Intervention by the Welsh Ministers
- 104 Powers of the Welsh Ministers to intervene
- 105 Direction to co-operate with provision of support and assistance
- 106 Direction to take or not to take etc. a specified step
- 107 Direction that a function be performed by the Welsh Ministers or their nominee
- Supplementary
- 108 Exercise of functions under this Chapter
- 109 Power of the Welsh Ministers to add to list of persons to whom reports etc. must be sent
- 110 Power of the Welsh Ministers to amend etc. enactments and confer new powers
- 111 Guidance
- 112 Interpretation
- Amendment of other enactments
- 113 Disapplication of the 2009 Measure in relation to principal councils and repeal of provisions about coordination of audit
- 114 Amendment of the Well-being of Future Generations (Wales) Act 2015
- Governance and audit committees of principal councils
- 115 New name and functions of audit committees
- CHAPTER 1A PERFORMANCE, PERFORMANCE ASSESSMENTS AND INTERVENTION: CORPORATE JOINT COMMITTEES
- 115A Application of Chapter 1 to corporate joint committees
- CHAPTER 2 GOVERNANCE AND AUDIT COMMITTEES: MEMBERSHIP AND PROCEEDINGS
- 116 Membership of governance and audit committee
- 117 Meaning of lay person
- 118 Proceedings etc.
- CHAPTER 3 COORDINATION BETWEEN REGULATORS
- 119 Coordination between regulators
- 120 “Relevant regulators” and “relevant functions”
- PART 7 MERGERS AND RESTRUCTURING OF PRINCIPAL AREAS
- CHAPTER 1 VOLUNTARY MERGERS OF PRINCIPAL AREAS
- Applications for mergers
- 121 Merger applications
- 122 Consultation before making merger application
- 123 Guidance about merger applications
- Merger regulations
- 124 Merger regulations
- 125 Shadow councils and shadow executives
- 126 Voting system
- 127 Elections
- Facilitating mergers
- 128 Duties of merging councils to facilitate transfer
- CHAPTER 2 RESTRUCTURING OF PRINCIPAL AREAS
- Conditions to be met
- 129 Conditions to be met before making restructuring regulations
- Abolition requests
- 130 Abolition requests
- Restructuring regulations
- 131 Restructuring regulations
- 132 Restructuring regulations which provide for part of a principal area to become part of another existing principal area
- 133 Restructuring regulations which constitute a new principal area
- 134 Restructuring regulations: supplementary
- Facilitating restructuring
- 135 Duties of restructuring councils to facilitate transfer
- CHAPTER 3 FUNCTIONS RELATING TO MERGERS AND RESTRUCTURING
- 136 Transition committees
- 137 Restraint of transactions and recruitment
- 138 Reviews of electoral arrangements
- 139 Prohibition of changes to executive arrangements
- 140 Requirement on principal councils to provide information etc. to the Welsh Ministers
- 141 Requirement on principal councils to provide information etc. to other bodies
- CHAPTER 4 REMUNERATION ARRANGEMENTS FOR NEW PRINCIPAL COUNCILS
- 142 Directions to Democracy and Boundary Commission Cymru
- 143 Reports of Commission relating to shadow councils and new principal councils
- 144 Guidance to Commission
- 145 Pay policy statements
- CHAPTER 5 SUPPLEMENTARY
- 146 Guidance
- 147 Other consequential etc. provision
- 148 Initial procedure for restructuring regulations
- 149 Terms used in this Part
- 150 Repeals of other enactments
- PART 8 LOCAL GOVERNMENT FINANCE
- Non-domestic rating
- 151 Powers of billing authorities to require the supply of information relating to hereditaments
- 152 Requirement to supply to billing authorities information relevant to determining liability to non-domestic rates
- 153 Powers of billing authorities to inspect properties
- 154 Multipliers
- 155 Amendment of Chapter 3 of Part 5 of the Local Government Finance Act 1988
- Council tax
- 156 Joint and several liability to pay council tax
- 157 Removal of power to provide for imprisonment of council tax debtors
- 158 Procedure for certain regulations and orders made under the Local Government Finance Act 1992
- PART 9 MISCELLANEOUS
- Information sharing
- 159 Information sharing between regulators, the Auditor General for Wales and the Welsh Ministers
- 160 Amendment of the Public Audit (Wales) Act 2004 consequential on section 159
- Head of democratic services
- 161 Head of democratic services
- Polls consequent on community meetings
- 162 Abolition of polls consequent on a community meeting
- Local Democracy and Boundary Commission
- 163 Appointment by Local Democracy and Boundary Commission of its chief executive
- 164 Directions under section 48 of the 2013 Act
- Public services boards
- 165 Merging and demerging public services boards under the Well-being of Future Generations (Wales) Act 2015
- Fire and rescue authorities
- 166 Combined fire and rescue authorities: inquiries
- 167 Performance and governance of fire and rescue authorities
- 168 Fire and rescue authorities: disapplication of the 2009 Measure
- National Park authorities
- 169 National Park authorities: disapplication of the 2009 Measure
- Local Government (Wales) Measure 2009
- 170 Repeal of the 2009 Measure
- PART 10 GENERAL
- 171 Interpretation
- 172 Directions
- 173 Power to make consequential and transitional provision etc.
- 174 Regulations under this Act
- 175 Coming into force
- 176 Short title
- SCHEDULE 1 Initial reviews of electoral arrangements etc.
- Initial reviews
- “Area under review”
- Other terms used in this Schedule
- Directions and guidance to Commission
- Conduct of initial review
- Pre-review procedure
- Investigation and interim report
- Final report
- Power to make regulations where recommendations are made
- Power to make regulations where no recommendations are made
- Regulations under paragraph 9 or 10: supplementary
- Subsequent reviews by the Commission where regulations are made under paragraph 9(1)(b) or 10(2)
- Delegation by the Commission of functions under this Schedule
- Orders under Part 3 of the Democracy and Boundary Commission Cymru etc. Act 2013 (anaw 4)
- .SCHEDULE 2 Minor and consequential amendments relating to Part 1: elections
- PART 1 Primary legislation
- Local Government Act 1972 (c. 70)
- Representation of the People Act 1983 (c. 2)
- Representation of the People Act 1985 (c. 50)
- Parliamentary Constituencies Act 1986 (c. 56)
- Local Government and Housing Act 1989 (c. 42)
- Local Government (Wales) Act 1994 (c. 19)
- Environment Act 1995 (c. 25)
- Representation of the People Act 2000 (c. 2)
- Local Government Act 2000 (c. 22)
- Countryside and Rights of Way Act 2000 (c. 37)
- Political Parties, Elections and Referendums Act 2000 (c. 41)
- Government of Wales Act 2006 (c. 32)
- Local Government and Public Involvement in Health Act 2007 (c. 28)
- Local Government (Wales) Measure 2011 (nawm 4)
- Senedd and Elections (Wales) Act 2020 (anaw 1)
- PART 2 Subordinate legislation
- Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)
- Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294)
- Business Improvement Districts (Wales) Regulations 2005 (S.I. 2005/1312)
- Local Elections (Principal Areas) (England and Wales) Rules 2006 (S.I. 2006/3304)
- SCHEDULE 3 Amendments relating to Part 2: general power of competence
- PART 1 Amendments relating to Chapter 1 of Part 2: the general power
- Local Government Act 2000 (c. 22)
- Local Government Act 2003 (c. 26)
- Local Government and Public Involvement in Health Act 2007 (c. 28)
- Local Government (Wales) Measure 2009 (nawm 2)
- Local Government (Wales) Measure 2011 (nawm 4)
- Localism Act 2011 (c. 20)
- Well-being of Future Generations (Wales) Act 2015 (anaw 2)
- This Act
- PART 2 Amendments relating to Chapter 2 of Part 2: eligible community councils
- Local Government Act 1972 (c. 70)
- Local Government Act 2000 (c. 22)
- Nationality, Immigration and Asylum Act 2002 (c. 41)
- Local Government Act 2003 (c. 26)
- Local Government (Wales) Measure 2011 (nawm 4)
- Localism Act 2011 (c. 20)
- This Act
- SCHEDULE 4 Notice of local authority meetings, access to documents and attendance at meetings
- PART 1 Notice of local authority meetings and access to documents
- Notices of local authority meetings
- Copies and publication of documents relating to meetings of local authorities
- Application to committees and sub-committees
- Application and interpretation
- Publication of public notices given by local authorities
- Electronic service of summonses on members to attend local authority meetings
- Venue for community council meetings
- Notices of community council committee and sub-committee meetings to be published
- Saving provision
- PART 2 Attendance at local authority meetings: consequential amendments
- Attendance at local authority meetings: amendments consequential on section 47
- SCHEDULE 5 Consequential amendments relating to chief executives
- Local Government Act 1972 (c. 70)
- Local Government Finance Act 1988 (c. 41)
- Local Government and Housing Act 1989 (c. 42)
- Local Government (Wales) Measure 2011 (nawm 4)
- Police Reform and Social Responsibility Act 2011 (c. 13)
- Localism Act 2011 (c. 20)
- Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)
- Well-being of Future Generations (Wales) Act 2015 (anaw 2)
- This Act
- SCHEDULE 6 Consequential amendments etc. relating to assistants to local authority executives
- Local Government Act 1972 (c. 70)
- Pilotage Act 1987 (c. 21)
- Local Government Finance Act 1992 (c. 14)
- Local Government Act 2000 (c. 22)
- Local Government (Wales) Measure 2011 (nawm 4)
- SCHEDULE 7 Job-sharing by executive leaders and executive members
- Local Government Act 2000 (c. 22)
- Local Government and Public Involvement in Health Act 2007 (c. 28)
- Localism Act 2011 (c. 20)
- SCHEDULE 8 Conduct of local government members: investigations by the Public Services Ombudsman for Wales
- Local Government Act 2000 (c. 22)
- Government of Wales Act 2006 (c. 32)
- Localism Act 2011 (c. 20)
- Social Services and Well-being (Wales) Act 2014 (anaw 4)
- Public Services Ombudsman (Wales) Act 2019 (anaw 3)
- SCHEDULE 9 Amendments related to Corporate Joint Committees
- PART 1 Creation of strategic planning functions for certain corporate joint committees and repeal of powers to establish strategic planning panels etc.
- Planning and Compulsory Purchase Act 2004 (c. 5)
- Planning (Wales) Act 2015 (anaw 4)
- Local Authorities (Goods and Services) Act 1970 (c. 39)
- Local Government Act 1972 (c. 70)
- Welsh Development Agency Act 1975 (c. 70)
- Wildlife and Countryside Act 1981 (c. 69)
- Town and Country Planning Act 1990 (c. 8)
- Water Resources Act 1991 (c. 57)
- Coal Industry Act 1994 (c. 21)
- Environment Act 1995 (c. 25)
- Local Government Act 2000 (c. 22)
- Freedom of Information Act 2000 (c. 36)
- Countryside and Rights of Way Act 2000 (c. 37)
- Finance Act 2003 (c. 14)
- Planning and Energy Act 2008 (c. 21)
- Marine and Coastal Access Act 2009 (c. 23)
- Equality Act 2010 (c. 15)
- Welsh Language (Wales) Measure 2011 (nawm 1)
- Local Government (Wales) Measure 2011 (nawm 4)
- Environment (Wales) Act 2016 (anaw 3)
- Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1)
- Public Services Ombudsman (Wales) Act 2019 (anaw 3)
- PART 2 Repeal of power to establish joint transport authorities
- Transport (Wales) Act 2006 (c. 5)
- Government of Wales Act 2006 (c. 32)
- SCHEDULE 10 Consequential amendments relating to renaming of principal council audit committees
- Local Government (Wales) Measure 2011 (nawm 4)
- This Act
- SCHEDULE 10A (introduced by section 115A)
- SCHEDULE 11 Transition committees of merging councils and restructuring councils
- PART 1 Merging councils
- Transition committees for merging councils
- Membership of transition committees for merging councils
- Functions of transition committees for merging councils
- PART 2 Restructuring councils
- Transition committees for restructuring councils
- PART 3 Transition committees of merging councils and restructuring councils
- Sub-committees of transition committees for merging councils or restructuring councils
- Provision of funding, facilities and information etc. to transition committees for merging councils or restructuring councils
- Transition committees for merging councils or restructuring councils: further provision
- SCHEDULE 12 Restraints on transactions and recruitment etc. by merging councils and restructuring councils
- Restraining transactions and recruitment etc. by direction
- Directions under paragraph 1: supplementary
- Directions under paragraph 1: further provision about reserves
- Directions under paragraph 1(3): supplementary
- Directions: consequences of contravention
- Interpretation of paragraphs 1 and 7
- Determining whether financial limits have been exceeded
- Financial limits: further provision
- Guidance in relation to transactions, recruitment etc.
- SCHEDULE 13 Abolition of polls consequent on community meetings under the 1972 Act
- Local Government Act 1972 (c. 70)
- Local Government and Housing Act 1989 (c. 42)
- Local Government (Wales) Measure 2011 (nawm 4)
- This Act
- SCHEDULE 14 Consequential amendments relating to merger and demerger of public services boards
- Well-being of Future Generations (Wales) Act 2015 (anaw 2)
- Local Government Act 2000 (c. 22)
- Education Act 2002 (c. 32)
- Planning and Compulsory Purchase Act 2004 (c. 5)
- Children Act 2004 (c. 31)
- Children and Families (Wales) Measure 2010 (nawm 1)
- Mental Health (Wales) Measure 2010 (nawm 7)
- Social Services and Well-being (Wales) Act 2014 (anaw 4)
- Violence Against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3)
Feedback