Democracy and Boundary Commission Cymru etc. Act 2013

CHAPTER 7 E+W MISCELLANEOUS PROVISION

48 Directions and guidance relating to Part 3 E+W

(1) The Welsh Ministers may give the Commission directions relating to the exercise of its functions under this Part.

(2) In particular, the Welsh Ministers may direct the Commission—

(a) to conduct a review under this Part [F1 (regardless of whether in the circumstances the Commission would have the power, or would be subject to a duty, to conduct the review)],

[F2 (aa) where the Commission has made recommendations or proposals to the Welsh Ministers, to conduct a further review under this Part,

(ab) to stop conducting a review under this Part,]

(b) not to conduct a review under [F3 this Part] during a period specified in the direction,

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) to conduct the reviews required under section 29(1) in a different order from that proposed by the Commission in any current programme for electoral arrangements reviews prepared in accordance that section,

(e) to have regard to such particular matters as may be specified in the direction when conducting a review,

[F5 (f) to pause a review it conducts under this Part for a period specified in the direction or until a further direction is given.]

(3) Subsection (1) does not limit the general power of direction under section 14.

(4) The Welsh Ministers may give a principal council directions relating to the exercise of its functions under this Part.

(5) In particular, the Welsh Ministers may direct a principal council F6 ...—

(a) [F7 to] conduct a review under section 25 or 31,

[F8 (aa) to stop conducting a review under section 25 or 31,

(ab) not to conduct a review under section 25 or 31 during a period specified in the direction,]

(b) [F9 to] have regard to such particular matters as may be specified in the direction when conducting a review,

[F10 (c) to pause a review it conducts under this Part for a period specified in the direction or until a further direction is given.]

(6) A principal council must comply with a direction given by the Welsh Ministers under subsection (4).

(7) Directions under this section may relate to a particular review, a type of review or to all reviews.

(8) But before making a direction under this section relating to the review of a principal area or its electoral arrangements (or reviews of principal areas or their electoral arrangements generally), the Welsh Ministers must consult the Commission and any association appearing to them to be representative of local authorities.

(9) In exercising any function under this Part, the Commission or a principal council must have regard to any guidance issued by the Welsh Ministers.

[F11 (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.]

Textual Amendments

F1 Words in s. 48(2)(a) substituted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 164(2)(a), 175(7); S.I. 2021/231, reg. 3(b)

F2 S. 48(2)(aa)(ab) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 164(2)(b), 175(7); S.I. 2021/231, reg. 3(b)

F3 Words in s. 48(2)(b) substituted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 164(2)(c), 175(7); S.I. 2021/231, reg. 3(b)

F4 S. 48(2)(c) omitted (1.4.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), ss. 150(2)(c), 175(7); S.I. 2021/297, reg. 2(d)

F5 S. 48(2)(f) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 50(2)(a), 72(2)(a) (with s. 55)

F6 Word in s. 48(5) omitted (1.4.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), ss. 164(3)(a), 175(7); S.I. 2021/231, reg. 3(b)

F7 Word in s. 48(5)(a) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 164(3)(b), 175(7); S.I. 2021/231, reg. 3(b)

F8 S. 48(5)(aa)(ab) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 164(3)(c), 175(7); S.I. 2021/231, reg. 3(b)

F9 Word in s. 48(5)(b) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 164(3)(d), 175(7); S.I. 2021/231, reg. 3(b)

F10 S. 48(5)(c) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 50(2)(b), 72(2)(a) (with s. 55)

F11 S. 48(10)(11) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 50(2)(c), 72(2)(a) (with s. 55)

49 Local inquiries E+W

(1) The Commission or, as the case may be, a principal council, may cause a local inquiry to be held with respect to any review carried out by it under this Part.

(2) The Welsh Ministers, the Commission or, as the case may be, a principal council may cause a local inquiry to be held in respect of a draft order prepared under section 43.

(3) A person appointed to hold an inquiry may by summons require a person to attend at a time and place specified in the summons—

(a) to give evidence, or

(b) to produce any information relating to any matter in question which is held by, or is under the control of, the person.

(4) A person appointed to hold an inquiry may take evidence on oath and for that purpose may administer oaths.

(5) A person required to attend under subsection (3) must be paid any reasonably incurred expenses.

(6) Despite subsection (3)(b), a person may not be required to produce the title (or any instrument relating to the title) of any land which does not belong to a local authority.

(7) A person commits an offence if the person—

(a) refuses or deliberately fails to comply with a requirement of a summons served on the person under subsection (3),

(b) deliberately alters, suppresses, conceals or destroys any information which the person is required to produce under this section.

(8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding 6 months, or to both.

(9) The persons or body causing an inquiry to be held under this section may make orders as to—

(a) the costs of the parties at the inquiry, and

(b) the parties by whom the costs are to be paid.

(10) An order under subsection (9) may be made a rule of the High Court on the application of a party named in the order.

[F12 49ZA Publication of orders under Part 3 E+W

(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.]

Textual Amendments

F12 S. 49ZA inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 53(2), 72(2)(a) (with s. 55)

[F13 49ZB Publication of up-to-date lists of communities and community councils E+W

(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.]

Textual Amendments

F13 S. 49ZB inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 54(2), 72(2)(a) (with s. 55)