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Local Government (Democracy) (Wales) Act 2013

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This is the original version (as it was originally enacted).

Communities

25Review of community boundaries by principal council

(1)A principal council may conduct a review of one or more communities in its area—

(a)of its own initiative, or

(b)at the request of—

(i)a community council in its area, or

(ii)a community meeting in its area.

(2)But a principal council must not conduct a review under subsection (1) at the request of a community council or a community meeting if it considers that doing so would impede the proper exercise of its functions.

(3)The changes that a principal council may recommend in relation to a review under this section are—

(a)such community boundary changes as it considers appropriate, and

(b)in consequence of any community boundary changes, such community council changes and associated changes to the electoral arrangements of—

(i)the community or communities under review,

(ii)the principal area,

as it considers appropriate.

(4)For the purposes of subsection (3)(b)(ii), section 30 applies to a principal council as it applies to the Commission.

(5)A principal council may enter into an agreement with the Commission for the Commission (under section 26) to exercise the council’s functions under this section.

(6)The agreement may be on such terms and conditions as the principal council and the Commission consider appropriate.

26Review of community boundaries by the Commission

(1)The Commission may, in any of the circumstances described in subsection (2), conduct a review of one or more communities in a principal area.

(2)The circumstances are—

(a)where the Commission has agreed to exercise a principal council’s functions under section 25(5),

(b)where a principal council has submitted recommendations to the Commission under section 36(5) and—

(i)the council’s recommendation is that no community boundary changes should be made,

(ii)the council and the Commission are unable to agree to such modifications to the recommendations as the Commission considers necessary for it to implement them,

(iii)the Commission does not consider it appropriate to implement any of the council’s recommendations, or

(iv)the Commission considers that the review has not been conducted by the council in accordance with this Part or has otherwise been defective in some material way,

(c)where a principal council has not complied with a direction by the Welsh Ministers to conduct a review of one or more of its communities.

(3)The changes that the Commission may recommend in relation to a review under this section are—

(a)such community boundary changes as it considers appropriate, and

(b)in consequence of any community boundary changes, such community council changes and associated changes to the electoral arrangements of—

(i)the community or communities under review,

(ii)the principal area,

as it considers appropriate.

(4)Where the Commission conducts a review in the circumstances described in subsection (2)(b)(iv) or (c), it may recover the cost of doing so from the principal council.

(5)In the event of a disagreement between the Commission and the principal council as to the amount payable to the Commission under subsection (4), the Welsh Ministers may determine that amount.

(6)Any sum payable to the Commission under this section is recoverable as a debt due to the Commission.

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