Local Government (Democracy) (Wales) Act 2013

(as introduced by section 73(1))

SCHEDULE 1 Minor and consequential amendments

Local Government Act 1972 (c. 70)

1 (1) The 1972 Act is amended as follows.

(2) In section 25(2) (term of office and retirement of councillors), after “Part IV of this Act” insert “or Part 3 of the Local Government (Democracy) (Wales) Act 2013 (anaw 4)”.

(3) In section 30 (restriction on community applications during and after reviews)—

(a) in subsection (1), after paragraph (b) insert—

“(ba) during the period of two years beginning with the coming into force of an order relating to the community under Part 3 of the Local Government (Democracy) (Wales) Act 2013 consequent on recommendations made under that Part by the Local Democracy and Boundary Commission for Wales”,

(b) in subsection (3)—

(i) for “Welsh Commission” substitute “Local Democracy and Boundary Commission for Wales”,

(ii) after “Act” insert “or Part 3 of the Local Government (Democracy) (Wales) Act 2013”.

(4) In section 31(2) (supplementary provision about community council orders), for the words from “68” to the end substitute “44 of the Local Government (Democracy) (Wales) Act 2013 is to apply as if the order were made under Part 3 of that Act.”.

(5) In section 70 (restriction on promotion of Bills for changing local government areas, etc.) —

(a) in subsection (1), after “local authority” insert “in England”,

(b) in subsection (3), after “local authority” insert “in England”.

(6) In section 73(1) (alteration of local boundaries consequent on alteration of water-course), after “local government” insert “in England”.

(7) In section 74 (change of name of county, district or London borough)—

(a) in subsection (3)(a), for “the Secretary of State” substitute “the relevant Minister”,

(b) in subsection (3)(b), for “the Secretary of State” substitute “the relevant Minister”,

(c) after subsection (3) insert—

“(3A) Where any change of name under this section relates to a Welsh principal area, notice must also be sent to the Local Democracy and Boundary Commission for Wales.”.

(d) after subsection (7) insert—

“(8) In this section the “relevant Minister” is—

(a) in relation to the change of name of a Welsh principal area, the Welsh Ministers, and

(b) in relation to any other change of name, the Secretary of State.”.

(8) In section 76(2)(a) (change of name of a community), for “Secretary of State,” substitute “Welsh Ministers, to the Local Democracy and Boundary Commission for Wales,”.

(9) In section 246(9) (preservation of powers, privileges and rights of existing cities or boroughs), for “Part IV of this Act” substitute “Part 3 of the Local Government (Democracy) (Wales) Act 2013”.

(10) In section 239(1) (power to promote or oppose local or personal Bills)—

(a) for “local authority, other than a parish or community council” substitute “local authority in England, other than a parish council”, and

(b) after “local authority” where it second occurs, insert “in England”.

Police Act 1996 (c. 16)

2 In section 1(2)(a) of the Police Act 1996 (police areas), for “section 58 of the Local Government Act 1972,” substitute “section 45 of the Local Government (Democracy) (Wales) Act 2013,”.

Public Services Ombudsman (Wales) Act 2005 (c. 10)

3 In Schedule 3 to the Public Services Ombudsman (Wales) Act 2005 (listed authorities), after the entry for “Comisiynydd y Gymraeg (the Welsh Language Commissioner)” insert—

• “The Local Democracy and Boundary Commission for Wales.”.

Welsh Language (Wales) Measure 2011 (nawm 1)

4 In Schedule 6 to the Welsh Language (Wales) Measure 2011 (public bodies etc: standards), in column 1, for the entry for “The Local Government and Boundary Commission for Wales (“Comisiwn Ffiniau Llywodraeth Leol i Gymru”)” substitute “The Local Democracy and Boundary Commission for Wales (“Comisiwn Ffiniau a Democratiaeth Leol Cymru”)”.

Police Reform and Social Responsibility Act 2011 (c. 13)

5 In section 72(3) of the Police Reform and Social Responsibility Act 2011 (amendment of police areas: term of office of commissioner), for paragraph (c) substitute—

“(c) an order under section 45 of the Local Government (Democracy) (Wales) Act 2013 (anaw 4) (recommendations for changes to police areas) which alters the boundary of any police area in Wales;”.

Local Government Byelaws (Wales) Act 2012 (anaw 2)

6 In paragraph 9 of Schedule 2 to the Local Government Byelaws (Wales) Act 2012 (minor and consequential amendments), in sub-paragraph (4), for “236A (alternative procedure for certain byelaws)” substitute “236B (revocation of byelaws)”.