Local Government (Wales) Measure 2011

CHAPTER 1WCOMMUNITY MEETINGS AND COMMUNITY POLLS

88Convening of community meetings by local government electorsW

(1)Paragraph 30 of Schedule 12 to the Local Government Act 1972 is amended as follows—

(a)for sub-paragraph (1) substitute—

“(1)Where there is a community council for a community, a community meeting may be convened at any time by the chairman of the council or by any two councillors representing the community on the council.”;

(b)in sub-paragraph (2), for “any community meeting” substitute “ a community meeting convened under sub-paragraph (1) above ”;

(c)in sub-paragraphs (3) and (4), for “a community meeting” substitute “ a community meeting convened under sub-paragraph (1) above ”;

(d)in sub-paragraph (3), for “any of the matters mentioned in section 29B(4) of this Act” substitute “ the existence of the community council or the grouping of the community with other communities ”;

(e)at the end of the paragraph insert—

“(5)For the purposes of sub-paragraph (3) above, business relates to the existence of the community council or the grouping of the community with other communities if it relates to any function of a community meeting under sections 27A to 27L of this Act.”.

(2)After paragraph 30 of Schedule 12 to the Local Government Act 1972 insert the following—

“30AA community meeting may also be convened at any time by not less than—

(a)10% of the local government electors for the community, or

(b)50 of the electors (if 10% of the electors exceeds 50 electors).”.

Commencement Information

I1S. 88 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(k)

89Notice of community meeting convened by local government electorsW

After paragraph 30A of Schedule 12 to the Local Government Act 1972 insert the following—

“30B(1)Where a group of individuals assert that they have convened a community meeting under paragraph 30A above, those individuals must ensure that a notice which complies with the following requirements of this paragraph is given—

(a)in a case where there is a community council for the community, to the community council, or

(b)in a case where there is no community council for the community, to the principal council within whose area the community lies.

(2)The notice must contain—

(a)unless sub-paragraph (5) below applies to an individual, the name and address of each of the individuals who assert that they have convened a community meeting under paragraph 30A;

(b)unless sub-paragraph (5) below applies to an individual, the signature of each of those individuals;

(c)the business which is proposed to be transacted at the meeting;

(d)the proposed time and place at which the meeting is to be held.

(3)The notice must—

(a)where it is given under sub-paragraph (1)(a) above, be in writing (but not in an electronic form);

(b)where it is given under sub-paragraph (1)(b) above, be—

(i)in writing (but not in an electronic form), or

(ii)in an electronic form which meets the technical requirements set by the principal council under paragraph 30C below.

(4)In sub-paragraph (2) above—

(a)“address” means the individual's qualifying address for the purposes of the register of local government electors maintained under section 9(1)(b) of the Representation of the People Act 1983 for the local government area (within the meaning of that Act) in which the community lies;

(b)“signature” means—

(i)where a notice is in writing, an individual's signature or, if the individual cannot give a signature, a signature given on the individual's behalf by a duly authorised individual who, in giving that signature, declares that he or she is so authorised;

(ii)where a notice is in an electronic form, an electronic signature in respect of an individual which meets the authentication requirements for such signatures set by the principal council under paragraph 30C below.

(5)This sub-paragraph applies to an individual in respect of whom an anonymous entry under section 9B of the Representation of the People Act 1983 has been made in a register of local government electors.

(6)Where sub-paragraph (5) above applies to an individual, the notice referred to in sub-paragraph (2) above—

(a)need not include the individual's name and address and, if it does not do so, must instead include the contents of the anonymous entry made in respect of the individual in the register of local government electors, and

(b)need not include a signature in respect of the individual.

(7)Where a notice is in electronic form, it is to be treated as given to a principal council when the notice is given in accordance with whatever requirements the council has set as to the giving of such notices under paragraph 30C(2) below.”.

Commencement Information

I2S. 89 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(k)

90Facility for the provision of electronic notices of the convening of community meetingsW

After paragraph 30B of Schedule 12 to the Local Government Act 1972 insert the following—

“30C(1)A principal council must provide a facility so that notices under paragraph 30B(1)(b) above may be given to the council in electronic form (“electronic notices”).

(2)The council must set and, to such extent as the council considers appropriate, publicise the following requirements for electronic notices—

(a)the authentication requirements to be met by an electronic signature included within an electronic notice, and

(b)the other technical requirements to be met by and in relation to an electronic notice.”.

Commencement Information

I3S. 90 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(k)

91Action following receipt of notice of the convening of a community meetingW

After paragraph 30C of Schedule 12 to the Local Government Act 1972 insert the following—

“30D(1)Where a principal council or a community council has been given a notice under paragraph 30B above, the council must consider—

(a)whether the group of individuals to whom the notice relates is comprised of—

(i)at least 50 local government electors for the community in question, or

(ii)at least 10% of the local government electors for the community in question, and

(b)whether the notice meets the requirements of paragraph 30B above.

(2)If the council is of the opinion that—

(a)the group of individuals to whom the notice relates is comprised of electors as described in paragraph (1)(a)(i) or (ii) above, and

(b)the notice meets the requirements of paragraph 30B above,

the council must give a public notice in accordance with paragraph 30E below.

(3)If the council is not of the opinion described in paragraph (2) above, the council must take all reasonable steps to give notice to the individuals to whom the notice relates as to why the council is not of that opinion.

(4)The relevant registration officer must supply the council with any information in relation to an individual in respect of whom the notice under paragraph 30B includes an anonymous entry, by virtue of sub-paragraph (6)(a) of that paragraph, that it is necessary for the council to have in order to perform the council's functions under this paragraph.

(5)In sub-paragraph (4) above, “relevant registration officer” means the registration officer under section 8 of the Representation of the People Act 1983 in relation to the register of local government electors maintained under section 9(1)(b) of that Act for the local government area (within the meaning of that Act) in which the community in question lies.”.

Commencement Information

I4S. 91 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(k)

92Public notice of community meetingW

After paragraph 30D of Schedule 12 to the Local Government Act 1972 insert the following—

“30E(1)The public notice required by paragraph 30D(2) above must be given within a period of 30 days beginning with the day on which the council became of the opinion described in that paragraph.

(2)Except in a case falling within sub-paragraph (3) below, the public notice must be given not less than seven clear days before the community meeting.

(3)Where any business proposed to be transacted at the meeting relates to the existence of the community council or the grouping of the community with other communities, the public notice must be given not less than 30 clear days before the meeting.

(4)The public notice must—

(a)specify the time and place of the intended meeting;

(b)specify the business to be transacted at the meeting;

(c)be signed by the proper officer.

(5)In specifying a time and place for the purposes of sub-paragraph (4)(a) above, the council must take into account the proposed time and place contained in the notice given to the council under paragraph 30B(2)(d) above.

(6)The business specified for the purposes of sub-paragraph (4)(b) above must be the same as that contained in the notice given to the council under paragraph 30B(2)(c) above.

(7)Public notice of a community meeting shall be given—

(a)by posting a notice of the meeting in some conspicuous place or places in the community,

(b)in such other manner, if any, as appears to the council to be desirable for giving publicity to the meeting.

(8)For the purposes of sub-paragraph (3) above, business relates to the existence of the community council or the grouping of the community with other communities if it relates to any function of a community meeting under sections 27A to 27L of this Act.”.

Commencement Information

I5S. 92 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(k)