Elections and Elected Bodies (Wales) Act 2024

CHAPTER 1 ARRANGEMENTS FOR LOCAL GOVERNMENT

Electoral arrangements reviews: principal councils

40 Considerations for a review of principal area electoral arrangements

(1) The 2013 Act is amended as follows.

(2) In section 30 (considerations for a review of principal area electoral arrangements), for subsection (1) substitute—

“(1) When considering whether to make recommendations for changes to the electoral arrangements of a principal area, the Commission must have regard to the following factors—

(a) the desirability of having a ratio of local government electors to the number of members of the council to be elected that is the same, or nearly the same, in every electoral ward of the principal area;

(b) special geographical considerations, including in particular the size, shape and accessibility of an electoral ward;

(c) any local ties (including local ties connected to the use of the Welsh language) that would be broken by such changes.”

41 Review period for principal area reviews

(1) The 2013 Act is amended as follows.

(2) In section 29 (review of electoral arrangements for principal area)—

(a) in subsection (3)—

(i) for paragraph (a) substitute—

“(a) the period of 12 years beginning on 30 September 2023, and”;

(ii) in paragraph (b), for “10” substitute “12”;

(b) after subsection (3), insert—

“(3A) The Welsh Ministers may by regulations amend subsection (3).”

(3) In section 71(2) (orders and regulations), after paragraph (ba) (inserted by paragraph 1(4)(b) of Part 1 of Schedule 1 to this Act) insert—

“(bb) regulations under section 29(3A),”.

(4) In the Local Government and Elections (Wales) Act 2021 (asc 1), in section 138 (reviews of electoral arrangements), omit subsection (6).

Reviews of seaward boundaries

42 Review of seaward boundaries

In section 28 of the 2013 Act (review of seaward boundaries), after subsection (2) insert—

“(3) A review under this section may review the boundary of more than one local government area.”

Consultation and consideration of representations

43 Electoral review recommendations and decisions: duty to have regard to representations

(1) The 2013 Act is amended as follows.

(2) In section 37 (implementation by the Welsh Ministers), for subsection (3) substitute—

“(3A) The Welsh Ministers must not exercise their functions under subsection (1) before the end of the period of 6 weeks beginning with the day on which the Welsh Ministers receive the recommendations.

(3B) In exercising their functions under subsection (1), the Welsh Ministers must have regard to any representations made by any person on the recommendations and received by the Welsh Ministers during the period of 6 weeks beginning with the day on which the Welsh Ministers receive the recommendations.”

(3) In section 38 (implementation of community boundary change), for subsection (2) substitute—

“(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.”

(4) In section 39 (implementation of community electoral arrangements change), for subsection (4) substitute—

“(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)).”

44 Names of electoral wards

(1) The 2013 Act is amended as follows.

(2) After section 36 (reporting on review) insert—

“36A Names of electoral ward‍s

(1) Subsection (2) applies to a review report under this Part so far as it relates to—

(a) an electoral ward that has different names (in any respect) for the purposes of identifying the ward in communication through Welsh and English;

(b) a proposal for an electoral ward to have different names in any respect for the purposes of identifying the ward in communication through Welsh and English.

(2) The Commission or the principal council (as the case may be) must specify both names or proposed names for the electoral ward in each language version of a report under section 35(2), 36(3) or 36(4).

(3) Before making a report under section 35(2), 36(3) or 36(4), the Commission or a principal council (as the case may be) must have regard, in particular, to any representations received from the Welsh Language Commissioner on the orthography of the name or proposed name of an electoral ward to which the report relates.

(4) In this section “each language version means the Welsh version and the English version.”

45 Consultation on reviews

(1) The 2013 Act is amended as follows.

(2) In section 34 (pre-review procedure), in subsection (1)(a), after “attention of” insert “members of the public affected by the review,”.

(3) In section 35 (consultation and investigation)—

(a) in subsection (1), after “must—” insert—

“(za) consult members of the public in the area affected by the review,”;

(b) in subsection (3)—

(i) after paragraph (a) insert—

“(aa) publicise the fact that representations relating to the review may be made to the reviewing body during the public consultation period,

(ab) indicate in the publicity when the public consultation period begins and ends,”;

(ii) in paragraph (b) for “period for representations” substitute “public consultation period”;‍

(iii) in paragraph (d) omit “, and”;

(iv) omit paragraph (e);

(v) for subsection (4) substitute—

“(4) In subsection (3), the “public consultation period means a period of at least 6 weeks and no more than 12 weeks determined by the reviewing body, which may not begin before the end of a period of 7 days beginning with the day on which the report is published.”

(4) In section 36 (reporting on review), in subsection (1), for “period‍ for representations” substitute “public consultation period”.

46 Meaning of “mandatory consultees” in Part 3 of the 2013 Act

(1) The 2013 Act is amended as follows.

(2) In section 34(3) (pre-review procedure), after paragraph (c) insert—

“(ca) the National Park authority for a National Park in an area affected by the review,

(cb) the Port Health authority constituted under section 2 of the Public Health (Control of Disease) Act 1984 (c. 22) for a port health district in an area affected by the review,

(cc) the Welsh Language Commissioner,”.

Timing of reviews and implementation

47 Electoral review recommendations and decisions: period before a local election

(1) The 2013 Act is amended as follows.

(2) In section 29(8) (review of electoral arrangements for principal area), for “9” substitute “12”.

(3) In section 37 (implementation by the Welsh Ministers), after subsection (2) insert—

“(2A) The Welsh Ministers must not, in any period of 6 months preceding the day of an ordinary council election under section 26 of the 1972 Act (elections of councillors), exercise their functions under subsection (1).”

48 Deadline for completion of reviews

(1) The 2013 Act is amended as follows.

(2) After section 36A (proposals for names of electoral wards: review reports) (inserted by section 44) insert—

“36B Deadline for completion of reviews

(1) Before conducting a review under this Part, the Commission or, as the case may be, a principal council must publish a statement specifying the day on which the review begins.

(2) The Commission must, in relation to a review it conducts under section 23, 27 or 29, use its best endeavours to publish its further report on the review in accordance with section 36(5)(b) before the end of a period of 12 months beginning with the day specified under subsection (1).

(3) The Commission must, in relation to a review it conducts under section 28, use its best endeavours to publish its further report on the review in accordance with section 36(5)(b) before the end of a period of 18 months beginning with the day specified under subsection (1).

(4) The Commission must, in relation to a review it conducts under section 2‍6 or 32, use its best endeavours to publish its further report on the review in accordance with section 36(5)(b) before the end of a period of 24 months beginning with the day specified under subsection (1).

(5) A principal council must, in relation to a review it conducts under section 25 or 31, use its best endeavours to publish its further report on the review in accordance with section 36(5)(b) before the end of a period of 24 months beginning with the day specified under subsection (1).

(6) If a reviewing body fails to comply with a duty imposed by this section in relation to a review, the body’s failure to comply does not affect the validity of the review for the purposes of this Act.”

49 Deadline for completion of implementation

(1) The 2013 Act is amended as follows.

(2) In section 37 (implementation by the Welsh Ministers)—

(a) in subsection (1)(b), after “action” insert “on any recommendation”;

(b) after subsection (4) insert—

“(5) The Welsh Ministers must use their best endeavours to make a decision on each recommendation received by them, 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 (3A).

(6) The Welsh Ministers must publish a statement setting out their 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 for the purposes of subsection (5).

(7) If the Welsh Ministers fail 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 any decision to take no action under subsection (1)(b).”

(3) In section 38 (implementation of community boundary change), after subsection (4) insert—

“(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).”

(4) In section 39 (implementation of community electoral arrangements change)—

(a) after subsection (4B) (inserted by section 43(4)) insert—

“(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).”

(b) in subsection (6), in paragraph (b), for “6 months beginning with the date on which the council received the Commission’s recommendations” substitute “3 months beginning with the end of period specified by subsection (4C)”.

50 Directions to pause reviews

(1) The 2013 Act is amended as follows.

(2) In section 48 (directions and guidance relating to Part 3)—

(a) in subsection (2), after paragraph (e) insert—

“(f) to pause a review it conducts under this Part for a period specified in the direction or until a further direction is given.”;

(b) in subsection (5), after paragraph (b) insert—

“(c) to pause a review it conducts under this Part for a period specified in the direction or until a further direction is given.”;

(c) after subsection (9), insert—

“(10) The Welsh Ministers must not use the powers of direction under this Act to pause a review for more than 9 months, whether the pause is one period of 9 months or more than one period totalling 9 months.

(11) Any period during which the Commission or a principal council is directed under this Act to pause a review is not to be taken into account for the purpose of calculating the length of the periods mentioned in subsections (2) to (5) of section 36B.”

Community reviews and status as towns

51 Community reviews and implementation

(1) The 2013 Act is amended as follows.

(2) In section 22 (duties of principal councils in relation to area), for subsections (5) and (6) substitute—

“(5) Before 1 July in each year, a principal council must publish a report on the performance of its functions under this Part and section 76 of the 1972 Act (change of name of community) in the previous year, so far as the functions relate to—

(a) community names,

(b) community boundary changes,

(c) community council changes, and

(d) community electoral arrangements.

(6) A principal council must send a copy of each report it publishes to the Commission and the Welsh Ministers.

(7) In subsection (5), “year means the period of 12 months beginning with 1 April.”

(3) In section 31 (review of electoral arrangements for community by principal council)—

(a) before subsection (1) insert—

“(A1) A principal council must conduct a review of the electoral arrangements for each community in its area at least once in every review period.

(A2) In subsection (A1), “review period” means—

(a) the period of 12 years beginning with the day on which section 51 of the Elections and Elected Bodies (Wales) Act 2024 comes into force, and

(b) each subsequent period of 12 years.

(A3) The Welsh Ministers may by regulations amend subsection (A2).”;

(b) in subsection (1), after “may” insert “also”.

(4) In section 33(3) (considerations for a review of community electoral arrangements)—

(a) for paragraph (b) substitute—

“(b) special geographical considerations, including in particular the size, shape and accessibility of a community ward, and”;

(b) in paragraph (c), after “ties” insert “(including local ties connected to the use of the Welsh language)”.

(5) In section 71(2) (orders and regulations), after section (bb) (inserted by section 41(3) of this Act) insert—

“(bc) regulations under section 31(A3),”.

52 Notice of resolutions on status of communities as towns

(1) The Local Government Act 1972 (c. 70) is amended as follows.

(2) In section 245B (community having the status of a town), after subsection (7) insert—

“(7A) The community council must give notice electronically in writing of any resolution passed under subsection (1) or (6) to the following bodies—

(a) the Welsh Ministers,

(b) the principal council for the area in which the community is situated, and

(c) the Democracy and Boundary Commission Cymru.”

Publication of information: arrangements for local government

53 Publication of orders under Part 3 of the 2013 Act

(1) The 2013 Act is amended as follows.

(2) After section 49 (local inquiries), insert—

“49ZA Publication of orders under Part 3

(1) A principal council must publish and maintain on its website—

(a) a copy of each order it makes under this Part;

(b) a copy of each order relating to its area made by the Commission under this Part;

(c) a copy of, or a link to, each statutory instrument containing an order relating to its area made by the Welsh Ministers under this Part.

(2) The Commission must publish and maintain on its website—

(a) a copy of each order made by a principal council under this Part;

(b) a copy of each order the Commission makes under this Part;

(c) a copy of, or a link to, each statutory instrument containing an order made by the Welsh Ministers under this Part;

(d) a copy of, or a link to, each statutory instrument containing an order made by the Secretary of State under this Part.

(3) A principal council must send a copy of each order it makes under this Part to the Commission.

(4) The Commission must send to a principal council a copy of each order it makes under this Part affecting the area of the principal council.

(5) The Welsh Ministers must—

(a) notify a principal council of each order they make under this Part affecting the area of the principal council;

(b) notify the Commission of each order they make under this Part.

(6) The duties in subsections (1) and (2) apply to orders made after the coming into force of this section.”

54 Publication of up-to-date lists of communities and community councils

(1) The 2013 Act is amended as follows.

(2) After section 49ZA (inserted by section 53), insert—

“49ZB Publication of up-to-date lists of communities and community councils

(1) A principal council must publish and maintain on its website an up-to date list of all communities and community councils in its area with their current names.

(2) The Commission must publish and maintain on its website an up-to date list of all communities and community councils in Wales with their current names.

(3) If a community or community council has different names for the purpose of communication through the medium of the Welsh language and the English language, both names must be included in a list required to be published under this section.”

General

55 Transitional provision

(1) A review being conducted under Part 3 of the 2013 Act at the time of the coming into force of this Chapter is to be completed as if the amendments made by this Chapter had not been made.

(2) The provisions of Part 3 of the 2013 Act (and any orders or regulations made under that Part) continue in effect for the purpose of such reviews as the provisions of that Part (and any orders or regulations made under that Part) had effect immediately before the coming into force of this Chapter.