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Local Government (Democracy) (Wales) Act 2013

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This is the original version (as it was originally enacted).

Private Bills

52Promoting private Bills

(1)A principal council may, in accordance with this section, promote a private Bill—

(a)in Parliament;

(b)in the National Assembly for Wales.

(2)A principal council may promote a Bill only if satisfied that it is expedient to do so.

(3)But a principal council may not promote a Bill (whether under this section or otherwise) for—

(a)the formation, alteration or abolition of any local government area,

(b)the alteration of the status of any local government area,

(c)the alteration of the electoral arrangements for any local government area,

(d)the formation, alteration or abolition of executive arrangements, or

(e)the alteration of arrangements for electing an elected mayor.

(4)A resolution of a principal council to promote a Bill under this section must—

(a)be passed at a meeting of the principal council by a majority of the total number of its members, and

(b)be confirmed by a like majority at a further such meeting held as soon as may be after the expiration of 14 days after the Bill has been deposited in Parliament or, as the case may be, introduced in the National Assembly for Wales.

(5)A principal council must not hold a meeting under subsection (4) unless the conditions in subsection (6) have been met in relation to that meeting.

(6)The conditions are—

(a)that the principal council has given notice of the meeting and its purpose in at least one newspaper circulating in its area, and

(b)that a period of 30 days, beginning with the day after notice was given, has expired.

(7)The condition mentioned in subsection (6)(a) is in addition to the notice requirements which ordinarily apply to meetings of a principal council.

(8)Where a resolution is not confirmed under subsection (4)(b), the principal council must take all necessary steps to withdraw the Bill.

(9)In this section, “executive arrangements” has the same meaning as in Part 2 of the Local Government Act 2000 (c. 22).

53Opposing private Bills

(1)A local authority may, in accordance with this section, oppose a private Bill—

(a)in Parliament;

(b)in the National Assembly for Wales.

(2)A local authority may oppose a Bill only if satisfied that it is expedient to do so.

(3)A resolution of a local authority to oppose a Bill under this section must be passed at a meeting of the authority by a majority of the total number of the members of the authority.

(4)A local authority must not hold a meeting under subsection (3) unless the conditions in subsection (5) have been met in relation to that meeting.

(5)The conditions are—

(a)that the local authority has given notice of the meeting and its purpose in at least one newspaper circulating in its area, and

(b)that a period of 10 days, beginning with the day after notice was given, has expired.

(6)The condition mentioned in subsection (5)(a) is in addition to the notice requirements which ordinarily apply to meetings of a local authority.

54Restriction on payments in relation to promoting or opposing Bills

A local authority may not make a payment to any of its members for acting as counsel or agent in promoting or opposing a Bill under section 52 or 53.

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