Welsh Statutory Instruments

2022 No. 98 (W. 34) (C. 6)

Local Government, Wales

The Local Government and Elections (Wales) Act 2021 (Commencement No. 5 and Transitional Provision) Order 2022

Made

2 February 2022

The Welsh Ministers make the following Order in exercise of the power conferred on them by section 175(7) and (8)(a) of the Local Government and Elections (Wales) Act 2021(1).

Title and interpretation

1.—(1) The title of this Order is the Local Government and Elections (Wales) Act 2021 (Commencement No. 5 and Transitional Provision) Order 2022.

(2) In this Order—

“the 2000 Act” (“Deddf 2000”) means the Local Government Act 2000(2);

“the 2021 Act” (“Deddf 2021”) means the Local Government and Elections (Wales) Act 2021.

Provisions coming into force on 5 May 2022

2.  The following provisions of the 2021 Act come into force on 5 May 2022—

(a)section 64;

(b)Schedule 8.

Transitional provision

3.  Despite the coming into force of the provisions referred to in article 2, the following must be investigated in accordance with Chapter 3 of Part 3 of the 2000 Act as it applied immediately before 5 May 2022—

(a)any written allegation made to the Public Services Ombudsman for Wales before 5 May 2022 under section 69(1)(a) of the 2000 Act;

(b)any other case that has come to the attention of the Public Services Ombudsman under section 69(1)(b) of that Act as a result of any allegation made under section 69(1)(a) before 5 May 2022.

Rebecca Evans

The Minister for Finance and Local Government, one of the Welsh Ministers

2 February 2022

EXPLANATORY NOTE

(This note is not part of the Order)

This is the fifth commencement order made by the Welsh Ministers under the Local Government and Elections (Wales) Act 2021 (“the 2021 Act”).

Article 2 brings section 64 (introduction of Schedule 8) of, and Schedule 8 (conduct of local government members: investigations by the Public Service Ombudsman for Wales) to, the 2021 Act into force on 5 May 2022.

Article 3 ensures that investigations by the Public Services Ombudsman for Wales which relate to written allegations made by any person before 5 May 2022 under section 69(1)(a) of the Local Government Act 2000, or any other case which has come to the attention of the Ombudsman as a result of an allegation made before 5 May 2022, are not impacted by the commencement of section 64 of, and Schedule 8 to, the 2021 Act.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Local Government and Elections (Wales) Act 2021 (“the 2021 Act”) have been brought into force by a commencement order made before the date of this Order.

ProvisionDate of CommencementS.I. No.
Section 1917 November 20212021/1249 (W. 321) (C. 71)
Section 2017 November 20212021/1249 (W. 321) (C. 71)
Section 2117 November 20212021/1249 (W. 321) (C. 71)
Section 241 November 20212021/231 (W. 57) (C. 6)
Section 251 November 20212021/231 (W. 57) (C. 6)
Section 261 November 20212021/231 (W. 57) (C. 6)
Section 271 November 20212021/231 (W. 57) (C. 6)
Section 284 March 20212021/231 (W. 57) (C. 6)
Section 291 November 20212021/231 (W. 57) (C. 6)
Section 30(3)4 March 20212021/231 (W. 57) (C. 6)
Section 30 (remainder)5 May 20222021/231 (W. 57) (C. 6)
Section 315 May 20222021/231 (W. 57) (C. 6)
Section 325 May 20222021/231 (W. 57) (C. 6)
Section 335 May 20222021/231 (W. 57) (C. 6)
Section 345 May 20222021/231 (W. 57) (C. 6)
Section 354 March 20212021/231 (W. 57) (C. 6)
Section 365 May 20222021/231 (W. 57) (C. 6)
Section 375 May 20222021/231 (W. 57) (C. 6)
Section 395 May 20222021/231 (W. 57) (C. 6)
Section 405 May 20222021/231 (W. 57) (C. 6)
Section 415 May 20222021/231 (W. 57) (C. 6)
Section 425 May 20222021/231 (W. 57) (C. 6)
Section 435 May 20222021/231 (W. 57) (C. 6)
Section 445 May 20222021/231 (W. 57) (C. 6)
Section 455 May 20222021/231 (W. 57) (C. 6)
Section 46(1)(b) and (c), (2)(b), (3), (4), and (8) to (10) (partially)4 March 20212021/231 (W. 57) (C. 6)
Section 46 (remainder)5 May 20222021/231 (W. 57) (C. 6)
Section 47(8)4 March 20212021/231 (W. 57) (C. 6)
Section 47 (remainder)1 May 20212021/354 (W. 106) (C. 11)
Section 485 May 20222021/231 (W. 57) (C. 6)
Section 491 May 20212021/354 (W. 106) (C. 11)
Section 521 April 20222021/231 (W. 57) (C. 6)
Section 545 May 20222021/231 (W. 57) (C. 6)
Section 565 May 20222021/231 (W. 57) (C. 6)
Section 575 May 20222021/231 (W. 57) (C. 6)
Section 585 May 20222021/231 (W. 57) (C. 6)
Section 594 March 20212021/231 (W. 57) (C. 6)
Section 625 May 20222021/231 (W. 57) (C. 6)
Section 635 May 20222021/231 (W. 57) (C. 6)
Section 655 May 20222021/231 (W. 57) (C. 6)
Section 665 May 20222021/231 (W. 57) (C. 6)
Section 675 May 20222021/231 (W. 57) (C. 6)
Section 891 April 20212021/297 (W. 74) (C. 9)
Section 901 April 20212021/297 (W. 74) (C. 9)
Section 911 April 20212021/297 (W. 74) (C. 9)
Section 925 May 20222021/297 (W. 74) (C. 9)
Section 935 May 20222021/297 (W. 74) (C. 9)
Section 951 April 20212021/297 (W. 74) (C. 9)
Section 961 April 20212021/297 (W. 74) (C. 9)
Section 971 April 20212021/297 (W. 74) (C. 9)
Section 981 April 20212021/297 (W. 74) (C. 9)
Section 991 April 20212021/297 (W. 74) (C. 9)
Section 1001 April 20212021/297 (W. 74) (C. 9)
Section 1011 April 20212021/297 (W. 74) (C. 9)
Section 1021 April 20212021/297 (W. 74) (C. 9)
Section 1031 April 20212021/297 (W. 74) (C. 9)
Section 1041 April 20212021/297 (W. 74) (C. 9)
Section 1051 April 20212021/297 (W. 74) (C. 9)
Section 1061 April 20212021/297 (W. 74) (C. 9)
Section 1071 April 20212021/297 (W. 74) (C. 9)
Section 1081 April 20212021/297 (W. 74) (C. 9)
Section 1091 April 20212021/297 (W. 74) (C. 9)
Section 1101 April 20212021/297 (W. 74) (C. 9)
Section 1111 April 20212021/297 (W. 74) (C. 9)
Section 1121 April 20212021/297 (W. 74) (C. 9)
Section 1131 April 20212021/297 (W. 74) (C. 9)
Section 1141 April 20212021/297 (W. 74) (C. 9)
Section 1151 April 20212021/297 (W. 74) (C. 9)
Section 1165 May 20222021/297 (W. 74) (C. 9)
Section 1175 May 20222021/297 (W. 74) (C. 9)
Section 1185 May 20222021/297 (W. 74) (C. 9)
Section 1191 April 20212021/297 (W. 74) (C. 9)
Section 1201 April 20212021/297 (W. 74) (C. 9)
Section 1211 April 20212021/297 (W. 74) (C. 9)
Section 1221 April 20212021/297 (W. 74) (C. 9)
Section 1231 April 20212021/297 (W. 74) (C. 9)
Section 1241 April 20212021/297 (W. 74) (C. 9)
Section 1251 April 20212021/297 (W. 74) (C. 9)
Section 1261 April 20212021/297 (W. 74) (C. 9)
Section 1271 April 20212021/297 (W. 74) (C. 9)
Section 1281 April 20212021/297 (W. 74) (C. 9)
Section 1291 April 20212021/297 (W. 74) (C. 9)
Section 1301 April 20212021/297 (W. 74) (C. 9)
Section 1311 April 20212021/297 (W. 74) (C. 9)
Section 1321 April 20212021/297 (W. 74) (C. 9)
Section 1331 April 20212021/297 (W. 74) (C. 9)
Section 1341 April 20212021/297 (W. 74) (C. 9)
Section 1351 April 20212021/297 (W. 74) (C. 9)
Section 1361 April 20212021/297 (W. 74) (C. 9)
Section 1371 April 20212021/297 (W. 74) (C. 9)
Section 1381 April 20212021/297 (W. 74) (C. 9)
Section 1391 April 20212021/297 (W. 74) (C. 9)
Section 1401 April 20212021/297 (W. 74) (C. 9)
Section 1411 April 20212021/297 (W. 74) (C. 9)
Section 1421 April 20212021/297 (W. 74) (C. 9)
Section 1431 April 20212021/297 (W. 74) (C. 9)
Section 1441 April 20212021/297 (W. 74) (C. 9)
Section 1451 April 20212021/297 (W. 74) (C. 9)
Section 1461 April 20212021/297 (W. 74) (C. 9)
Section 1471 April 20212021/297 (W. 74) (C. 9)
Section 1481 April 20212021/297 (W. 74) (C. 9)
Section 1491 April 20212021/297 (W. 74) (C. 9)
Section 1501 April 20212021/297 (W. 74) (C. 9)
Section 1591 April 20212021/297 (W. 74) (C. 9)
Section 161(1)4 March 20212021/231 (W. 57) (C. 6)
Section 161 (remainder)5 May 20222021/231 (W. 57) (C. 6)
Section 1625 May 20222021/231 (W. 57) (C. 6)
Section 1631 April 20212021/231 (W. 57) (C. 6)
Section 1641 April 20212021/231 (W. 57) (C. 6)
Section 1691 April 20212021/297 (W. 74) (C. 9)
Schedule 1 (partially)1 April 20212021/297 (W. 74) (C. 9)
Schedule 2 (partially)17 November 20212021/1249 (W. 321) (C. 71)
Part 1 of Schedule 31 November 20212021/231 (W. 57) (C. 6)
Part 2 of Schedule 35 May 20222021/231 (W. 57) (C. 6)
Schedule 41 May 20212021/354 (W. 106) (C. 11)
Schedule 55 May 20222021/231 (W. 57) (C. 6)
Schedule 6 (partially)5 May 20222021/231 (W. 57) (C. 6)
Schedule 75 May 20222021/231 (W. 57) (C. 6)
Schedule 101 April 20212021/297 (W. 74) (C. 9)
Schedule 111 April 20212021/297 (W. 74) (C. 9)
Schedule 121 April 20212021/297 (W. 74) (C. 9)
Schedule 135 May 20222021/231 (W. 57) (C. 6)

See section 175(1) of the 2021 Act for provisions which came into force on the day after the day on which the 2021 Act received Royal Assent. See section 175(3) for provisions which came into force 2 months after the 2021 Act received Royal Assent. The 2021 Act received Royal Assent on 20 January 2021. See also section 175(4) for provisions which came into force on 1 April 2021.