Local Government (Wales) Measure 2011 (nawm4)

PART 1 W STRENGTHENING LOCAL DEMOCRACY

CHAPTER 1 W PROMOTING AND SUPPORTING MEMBERSHIP OF LOCAL AUTHORITIES

Survey of councillors and unsuccessful candidates for election as councillors W

1 Duty to conduct a survey W

(1) A local authority must, in accordance with regulations under this section, conduct a survey of—

(a) councillors in its area, and

(b) unsuccessful candidates for election to the office of councillor in its area.

(2) A local authority must conduct a survey [F1 , or arrange for the conduct of a survey, in relation to] each ordinary election to—

(a) the council of the county or county borough, and

(b) a community council in the local authority's area.

(3) The survey must be conducted by—

(a) asking prescribed questions in any prescribed form or manner, and

(b) collating the information in any prescribed form or manner.

[F2 (3A) A survey in the case of an ordinary election may be conducted—

(a) entirely after the ordinary election, or

(b) by asking the candidates for election to the office of councillor to answer the prescribed questions before the ordinary election and collating the information provided afterwards.]

(4) The questions that may be prescribed under subsection (3) include (but are not limited to) questions about the individual to whom they are addressed which relate to—

(a) gender;

(b) sexual orientation;

(c) language;

(d) race;

(e) age;

(f) disability;

(g) religion or belief;

(h) health;

(i) education and qualifications;

(j) employment;

(k) work as a councillor.

(5) Nothing in this section places a duty on [F3 any individual] to provide any information.

F4 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) section—

• “belief” (“cred”) means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief;

• “councillor” (“cynghorydd”) includes community councillor;

• “disability” (“anabledd”) means a physical or mental impairment that has a substantial and long-term adverse effect on a person's ability to carry out normal day to day activities;

• “race” (“hil”) means colour, nationality or ethnic or national origins;

• “religion” (“crefydd”) means any religion and a reference to religion includes a reference to a lack of religion;

• “sexual orientation” (“cyfeiriadedd rhywiol”) means a person's sexual orientation towards—

  (a)

  persons of the same sex,

  (b)

  persons of the opposite sex, or

  (c)

  persons of either sex.

Textual Amendments

F1 Words in s. 1(2) substituted (25.1.2016) by Local Government (Wales) Act 2015 (anaw 6), ss. 42(2), 46(1)

F2 S. 1(3A) inserted (25.1.2016) by Local Government (Wales) Act 2015 (anaw 6), ss. 42(3), 46(1)

F3 Words in s. 1(5) substituted (25.1.2016) by Local Government (Wales) Act 2015 (anaw 6), ss. 42(4), 46(1)

F4 S. 1(6) omitted (25.1.2016) by virtue of Local Government (Wales) Act 2015 (anaw 6), ss. 42(5), 46(1)

Commencement Information

I1 S. 1 in force at 31.8.2011 by S.I. 2011/2011, art. 2(a)

2 Completion of a survey and publication of information W

(1) A local authority must complete its survey and provide the information collated in it to the Welsh Ministers within six months of the date of the ordinary election to which it relates.

(2) A local authority must provide the information in any prescribed form or manner.

(3) A local authority may publish the information collated in a survey in such manner as it considers appropriate, subject to subsection (6).

(4) The Welsh Ministers must—

(a) collate the information they receive from local authorities under this section, and

(b) publish it within twelve months of the date of the ordinary election to which it relates.

(5) The Welsh Ministers may—

(a) publish information under subsection (4)(b) in such manner as they consider appropriate, subject to subsection (6);

(b) share any information provided to them under subsection (1) with any body representing the interests of county, county borough or community councils in Wales.

(6) No information received under section 1 or this section is to be published or shared in any form that, either by itself or in combination with any other information, identifies any individual to whom it relates or enables that individual to be identified.

Commencement Information

I2 S. 2 in force at 31.8.2011 by S.I. 2011/2011, art. 2(a)

3 Guidance about surveys W

In exercising its functions under sections 1 and 2, a local authority must have regard to guidance given by the Welsh Ministers.

Commencement Information

I3 S. 3 in force at 31.8.2011 by S.I. 2011/2011, art. 2(a)

Supporting membership W

F5 4 Remote attendance at meetings W

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Textual Amendments

F5 S. 4 omitted (1.5.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 4 para. 23(2); S.I. 2021/354, reg. 2(c)

5 Annual reports by members of a local authority W

(1) A local authority must make arrangements for—

(a) each person who is a member of the authority to make an annual report about the person's activities as a member of the authority during the year to which the report relates,

(b) each person who is a member of the authority's executive to make an annual report about the person's activities as a member of the executive during the year to which the report relates, and

(c) the authority to publish all annual reports produced by its members and by the members of its executive.

(2) The arrangements may include conditions as to the content of a report that must be satisfied by the person making it.

(3) A local authority must publicise its arrangements.

(4) In exercising its functions under this section a local authority must have regard to guidance given by the Welsh Ministers.

Commencement Information

I4 S. 5 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(a)

6 Timing of council meetings W

(1) The Welsh Ministers may give guidance about the times at which meetings of a local authority are held.

(2) A local authority must have regard to guidance given under subsection (1).

(3) In subsection (1), “meetings of a local authority” means—

(a) meetings of the local authority;

(b) meetings of any committee or sub-committee of the authority.

Commencement Information

I5 S. 6 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(a)

7 Training and development of members of a local authority W

(1) A local authority must secure the provision of reasonable training and development opportunities for its members.

(2) A local authority must make available to each member of the authority an annual review of the member's training and development needs.

(3) The review must include an opportunity for an interview with a person who is, in the opinion of the authority, suitably qualified to provide advice about the training and development needs of a member of a local authority.

(4) In exercising its functions under this section a local authority must have regard to guidance given by the Welsh Ministers.

(5) In the case of an authority which operates a leader and cabinet executive (Wales), a reference in this section to a member of a local authority does not include the executive leader.

Commencement Information

I6 S. 7 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(a)