Local Government and Elections (Wales) Act 2021

(introduced by section 162)

SCHEDULE 13 Abolition of polls consequent on community meetings under the 1972 Act

Local Government Act 1972 (c. 70)

1 The 1972 Act is amended as follows.

2 Omit sections 33B and 33C (principal council’s response to a poll demanded at a community meeting).

3 In section 150(7) (expenses of polls)—

(a) omit, in the second place it occurs, “or community”;

(b) after “meeting”, in the second place it occurs, insert “or of a community governance poll (as to which, see paragraph 34(8) of Schedule 12)”.

4 In section 243(3) (computation of time)—

(a) omit “or community”;

(b) after “meeting” insert “or a community governance poll (as to which, see paragraph 34(8) of Schedule 12)”.

5 In Schedule 12, omit paragraphs 26A and 29A (response by community council to community poll).

6 (1) In Schedule 12, paragraph 34 (the making of decisions by community meetings) is amended as follows.

(2) In sub-paragraph (1), for “poll consequent thereon” substitute “community governance poll”.

(3) In sub-paragraph (2)—

(a) omit “, in the first instance,”;

(b) omit “unless a poll is demanded”.

(4) Omit sub-paragraph (4).

(5) For sub-paragraphs (5) and (6) substitute—

“(5) The Welsh Ministers may by regulations make provision about the conduct of community governance polls.

(6) Regulations under sub-paragraph (5) may apply any enactment relating to elections or referendums (with or without modifications) to community governance polls.

(7) A statutory instrument containing regulations under sub-paragraph (5) is subject to annulment in pursuance of a resolution of Senedd Cymru.”

(6) At the end of paragraph 34 insert—

“(8) In this Part of this Schedule, “community governance poll” means a poll held on a proposal of a kind mentioned in section 27A, 27C, 27E, 27G, 27I or 27K.”

7 In paragraph 37 of Schedule 12 (lending of ballot boxes etc.), in sub-paragraph (1) for “poll consequent on a community meeting” substitute “community governance poll”.

8 In paragraph 38 of Schedule 12 (offences) for “poll consequent on a community meeting” substitute “community governance poll”.

9 In Schedule 12, omit paragraphs 38A and 38B (notification of principal council of result of poll consequent on a community meeting).

Local Government and Housing Act 1989 (c. 42)

10 In the Local Government and Housing Act 1989, in section 5 omit subsection (8B) (functions of monitoring officers in relation to polls consequent on a community meeting).

Local Government (Wales) Measure 2011 (nawm 4)

11 In the 2011 Measure, omit sections 93 to 99.

This Act

12 In this Act, omit paragraph 1(8) of Schedule 2 (amendment of paragraph 34 of Schedule 12 to the 1972 Act).