Democracy and Boundary Commission Cymru etc. Act 2013

Non-ministerial implementation E+W

38 Implementation of community boundary change E+W

(1) The Commission may, after receiving a report containing recommendations for change from a principal council in relation to a review conducted under section 25—

(a) by order implement the recommendations without modification,

(b) by order implement the recommendations with such modification as may be agreed with the principal council, or

(c) in the circumstances described in section 26(2)(b)(ii) or (iii), conduct its own review.

[F1 (2A) The Commission must not exercise its functions under subsection (1) before the end of the period of 6 weeks beginning with the day on which the Commission receives the recommendations.

(2B) In exercising its functions under subsection (1), the Commission must have regard to any representations made by any person on the recommendations and received by the Commission during the period of 6 weeks beginning with the day on which the Commission receive the recommendations.]

(3) An order under subsection (1) which contains changes to the electoral arrangements of a principal area may be made only with the consent of the Welsh Ministers.

(4) The principal council which made the recommendations must provide the Commission with such further information in relation to the recommendations or the procedure followed as it may reasonably require.

[F2 (5) The Commission must use its best endeavours to make a decision on each recommendation received by it, of the kind described in subsection (1), before the end of a period of 3 months beginning at the end of the period specified by subsection (2A).

(6) The Commission must publish a statement setting out its decision in respect of each recommendation; and the date on which the statement is published is to be treated as the date of the decision.

(7) If the Commission fails to comply with the duty in subsection (5), the failure to comply does not affect the validity of any order under subsection (1)(a) or (b) or any review under subsection (1)(c).]

Textual Amendments

F1 S. 38(2A)(2B) substituted for s. 38(2) (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 43(3), 72(2)(a) (with s. 55)

F2 S. 38(5)-(7) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 49(3), 72(2)(a) (with s. 55)

39 Implementation of community electoral arrangements change E+W

(1) A principal council may by order implement the changes described in a report prepared by the council under section 36(4).

(2) No order may be made under subsection (1) until the expiry of a period of 6 weeks beginning with the date on which the principal council published its report.

(3) A principal council may, after receiving a report containing recommendations for change from the Commission in relation to a review under section 32—

(a) by order implement the recommendations without modification,

(b) by order implement the recommendations with such modification as may be agreed with the Commission,

(c) decide to take no action and notify the Commission accordingly.

[F3 (4A) The Council must not exercise its functions under subsection (3) before the end of the period of 6 weeks beginning with the day on which the Council receives the recommendations.

(4B) In exercising its functions under subsection (1) or (3), the Council must have regard to any representations made by any person on the recommendations and received by the Council during the period of 6 weeks beginning with the date on which the Council publishes the report (for functions in subsection (1)) or receives the recommendations (for functions under subsection (3)).]

[F4 (4C) The principal council must use its best endeavours to make a decision on each recommendation received by it, of the kind described in subsection (3), before the end of a period of 3 months beginning at the end of the period specified by subsection (4A).

(4D) The principal council must publish a statement setting out its decision in respect of each recommendation; and the date on which the statement is published is to be treated as the date of the decision.

(4E) If a principal council fails to comply with the duty in subsection (4C), the failure to comply does not affect the validity of any order under subsection (3)(a) or (b) or any decision or notification under subsection (3)(c).]

(5) An order under subsection (1) or (3) which contains changes to the electoral arrangements of a principal area may be made only with the consent of the Welsh Ministers.

(6) Subsection (7) applies where—

(a) the principal council has notified the Commission that it does not intend to take any action in respect of the recommendations, or

(b) the principal council has not made an order (with or without modification) within the period of [F5 3 months beginning with the end of period specified by subsection (4C)].

(7) The Commission may request the Welsh Ministers implement the recommendations under section 37.

Textual Amendments

F3 S. 39(4A)(4B) substituted for s. 39(4) (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 43(4), 72(2)(a) (with s. 55)

F4 S. 39(4C)-(4E) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 49(4)(a), 72(2)(a) (with s. 55)

F5 Words in s. 39(6)(b) substituted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 49(4)(b), 72(2)(a) (with s. 55)