Local Government and Elections (Wales) Act 2021

1. Introduction

2. General Overview of the Act

   1. Part 1 – Elections

   2. Part 2 – General Power of Competence

   3. Part 3 – Promoting Access to Local Government

   4. Part 4 – Local Authority Executives, Members, Officers and Committees

   5. Part 5 – Collaborative Working by Principal Councils

   6. Part 6 – Performance and Governance of Principal Councils

   7. Part 7 – Mergers and Restructuring of Principal Areas

   8. Part 8 – Local Government Finance

   9. Part 9 - Miscellaneous

   10. Part 10 – General

3. Commentary on Sections

   1. Part 1: Elections

      1. Section 2 - Extension of right to vote in local government elections

      2. Section 3 – Transitional Provision

      3. Section 4 - Duty to promote awareness and provide assistance

      4. Section 5 - Two voting systems

      5. Section 7 - The voting system that applies

      6. Section 8 - Power to change the voting system

      7. Section 9 - Resolutions to exercise the power to change the voting system

      8. Section 10 - Duty to notify when resolution passed

      9. Section 11 and Schedule 1 – Initial review by the Local Democracy and Boundary Commission

      10. Paragraph 1 – Initial reviews

      11. Paragraph 2 - Area under review

      12. Paragraph 3 - Other key terms used in this Schedule

      13. Paragraph 4 - Directions and guidance to the Commission

      14. Paragraph 5 - Conduct of initial review

      15. Paragraph 6 - Pre-review procedure

      16. Paragraph 7 - Investigation and interim report

      17. Paragraph 8 - Final report

      18. Paragraph 9 - Power to make regulations where recommendations are made

      19. Paragraph 10 - Power to make regulations if no recommendations are made

      20. Paragraph 11 - Regulations under paragraph 9 or 10: supplementary

      21. Paragraph 12 - Subsequent reviews by the Commission where regulations are made under paragraph 9(1)(b) or 10(2)

      22. Paragraph 13 - Delegation by the Commission of functions under this Schedule

      23. Paragraph 14 - Orders under Part 3 of the Local Government (Democracy) (Wales) Act 2013

      24. Section 12 - Restriction on number of councillors if single transferable vote system applies

      25. Section 13 - Rules about the conduct of local elections in Wales

      26. Section 14 - Change of electoral cycle for principal councils from four years to five years

      27. Section 15 - Change of electoral cycle for community councils from four years to five years

      28. Section 16 - Change of electoral cycle for elected mayors from four years to five years

      29. Section 17 - Extension of power to change ordinary day of local elections in Wales

      30. Section 18 – Registration of local government electors without application

      31. Section 19 - Qualification for election and holding office as a member of a local authority in Wales

      32. Section 20 - Disqualification for election and being a member of a local authority

      33. Section 21 - Disqualification of member of a local authority in Wales for appointment to paid office

      34. Section 22 – Translations etc. of documents at local government elections in Wales

      35. Section 23 – Minor and consequential amendments and chedule 2 – Minor and Consequential Amendments Relating to Part 1: elections

   2. Part 2: General Power Of Competence

      1. Chapter 1: The General Power

         1. Section 24 - Local authority’s general power of competence

         2. Section 25 – Boundaries of the general power

         3. Section 26 – Limits on charging in exercise of general power

         4. Section 27 – Limits on doing things for commercial purpose in exercise of general power

         5. Section 28 – Power to make supplementary provision

         6. Section 29  and Part 1 of Schedule 3 – Amendments relating to Chapter 1 of Part 2: the general power

      2. Chapter 2: Eligible community councils

         1. Section 30 - Becoming an eligible community council

         2. Section 31 - Continuing to be an eligible community council

         3. Section 32 - Ceasing to be an eligible community council

         4. Section 33 - Community councils that cease to be eligible: exercise of the general power of competence

         5. Section 34 - Common community councils established after this Act is passed

         6. Section 35 - Power to amend or modify this Chapter

         7. Section 36 - Guidance on exercise of functions under this Chapter

         8. Section 37 and Part 2 of Schedule 3 - Amendments relating to this Chapter 2 of Part 2: eligible community councils

   3. Part 3: Promoting Access to Local Government

      1. Chapter 2: Public participation in decision-making by principal councils

         1. Section 39 - Duty to encourage local people to participate in decision-making by principal councils

         2. Section 40 - Strategy on encouraging participation

         3. Section 41 - Public participation strategy: consultation and review

         4. Section 42 - Duty to make petition scheme

         5. Section 43 - Duty on principal councils to publish official addresses

         6. Section 44 – Guidance on exercise of functions under this Chapter

      2. Chapter 3: Constitution Guides

         1. Section 45 – Principal councils’ duty to publish constitution and constitution guide

      3. Chapter 4: Access to Meetings of Local Authorities

         1. Section 46 - Electronic broadcasts of meetings of certain local authorities

         2. Section 47 - Attendance at local authority meetings

         3. Section 48 - Participation at meetings of community councils

         4. Section 49 – Notices etc. of local authority meetings and Schedule 4 –Notice of local authority meetings, access to documents and attendance at meetings

   4. Part 1 of Schedule 4 - Notice of local authority meetings and access to documents

   5. Part 2 of Schedule 4 – Attendance at local authority meetings: consequential amendments

      1. Section 50 - Regulations about conduct of local authority meetings, documents relating to meetings and publication of information

      2. Section 51 - Regulations about community meetings

      3. Section 52 – Annual reports by community councils

   6. Part 4: Local Authority Executives, Members, Officers And Committees

      1. Section 54 and Schedule 5 - Chief Executives

      2. Section 55 – Replacement of references to “salary” in section 143A of the 2011 Measure

      3. Section 56 – Reconsideration of remuneration following direction by the Welsh Ministers

      4. Section 57 and Schedule 6 - Appointment of assistants to executive

      5. Section 58 and Schedule 7 - Job sharing: executive leaders and executive members

      6. Section 59 – Content of, and duty to have regard to, guidance under section 38 of the 2000 Act

      7. Section 60 - Job-sharing: non-executive offices in principal councils

      8. Section 61 – Family absence for members of local authorities

      9. Section 62 - Duties of leaders of political groups in relation to standards of conduct

      10. Section 63 – Duty of standards committee to make annual report

      11. Section 64 and Schedule 8 – Certain investigations by the Public Services Ombudsman for Wales

      12. Section 65 – Making information available to overview and scrutiny Committees

      13. Section 66 – Power to require authorities to appoint joint overview and scrutiny Committees

      14. Section 67 – Community council training plans

   7. Part 5: Collaborative Working by Principal Councils

      1. Chapter 2: Guidance about collaborative working

         1. Section 69 – Guidance about collaborative working

      2. Chapter 3: Establishing corporate joint committees where request has been made

         1. Section 70 – Application by principal councils to establish a corporate joint committee

         2. Section 71 – Consultation before making joint committee applications

         3. Section 72 – Requested joint committee regulations

         4. Section 73 – Conditions to be met before making requested joint committee regulations

      3. Chapter 4: Establishing corporate joint committees where no request has been made

         1. Section 74 – Joint committee regulations where no request has been made

         2. Section 75 – Conditions to be met before making regulations under section 74

      4. Chapter 5: Further provision relating to corporate joint committees and joint committee regulations

         1. Section 76 - Economic well-being function

         2. Section 77 – Provision that may or must be made in joint committee regulations

         3. Section 78 – Application by principal councils to amend or revoke joint committee regulations

         4. Section 79 – Further provision in relation to applications

         5. Section 80 – Amendment and revocation of joint committee regulations

         6. Section 81 – Conditions to be met before amending joint committee regulations: application required from principal councils

         7. Section 82 - Conditions to be met before amending or revoking joint committee regulations: no application required from principal councils

         8. Section 83 – Supplementary etc. provision in certain regulations under this Part.

         9. Section 84 – Power of the Welsh Ministers to amend, repeal etc. enactments

         10. Section 85 – Requirement to provide information etc.

         11. Section 86 – Guidance

         12. Section 87 – Exercise by principal councils of functions under this Part

         13. Section 88 – Amendments relating to strategic planning and joint transport authorities and Schedule 9 - Amendments related to corporate joint committees

   8. Part 1 of Schedule 9 - Creation of Strategic Planning Functions for certain Corporate Joint Committees and repeal of powers to establish Strategic Planning Panels etc.

   9. Part 2 of Schedule 9  – Repeal of power to establish Joint Transport Authorities

   10. Part 6: Performance and Governance Of Principal Councils

       1. Chapter 1: Performance, Performance Assessments and Intervention

          1. Section 89 – Duty of principal council to keep its performance under review

          2. Section 90 – Duty to consult local people etc. on performance

          3. Section 91 – Duty of principal council to report on its performance

          4. Section 92 – Duty of principal council to arrange panel performance assessment

          5. Section 93 – Duty of principal council to respond to report of panel performance assessment

          6. Section 94 – Panel performance assessments: supplementary regulations

          7. Section 95 – Power of Auditor General to carry out a special inspection

          8. Section 96 – Duty of principal council to respond to Auditor General’s recommendations

          9. Section 97 – Duty of the Welsh Ministers to respond to Auditor General’s recommendations

          10. Section 98 – Auditor General’s powers of entry and inspection etc.

          11. Section 99 - Auditor General’s powers of entry and inspection etc.: notice and evidence of identity

          12. Section 100 – Auditor General’s powers of entry and inspection etc.: offences

          13. Section 101 – Auditor General’s Fees

          14. Section 102 – Support and assistance by the Welsh Ministers

          15. Section 103 – Direction to a principal council to provide support and assistance

          16. Section 104 – Powers of the Welsh Minister to intervene

          17. Section 105 - Direction to co-operate with provision of support and assistance

          18. Section 106 - Direction to take or not to take etc. a specified step

          19. Section 107 – Direction that a function be performed by the Welsh Ministers or their nominee

          20. Section 108 – Exercise of functions under this Chapter

          21. Section 109 – Power of the Welsh Ministers to add to list of persons to whom reports etc. must be sent

          22. Section 110 - Power of the Welsh Ministers to amend etc. enactments and confer new powers

          23. Section 111 – Guidance

          24. Section 113 – Disapplication of the 2009 Measure in relation to principal councils and repeal of provisions about co-ordination of audit

          25. Section 114 – Amendment of the Well-being of Future Generations (Wales) Act 2015

          26. Section 115 and Schedule 10 – New name and functions of audit committees

       2. Chapter 2: Governance and Audit Committees: Membership and Proceedings

          1. Section 116 - Membership of governance and audit committee

          2. Section 117 - Meaning of lay person

          3. Section 118 - Proceedings etc.

       3. Chapter 3: Co-ordination between regulators

          1. Section 119 – Co-ordination between regulators

          2. Section 120 – “Relevant regulators” and “relevant functions”

   11. Part 7: Mergers and Restructuring Of Principal Areas

       1. Chapter 1: Voluntary Mergers of Principal Areas

          1. Section 121 – Merger applications

          2. Section 122 – Consultation before making merger application

          3. Section 123 – Guidance about merger applications

          4. Section 124 – Merger regulations

          5. Section 125 – Shadow councils and shadow executives

          6. Section 126 – Voting system

          7. Section 127 – Elections

          8. Section 128 - Duty on merging councils to facilitate effective transfer

       2. Chapter 2: Restructuring of Principal Areas

          1. Section 129 – Conditions to be met before making restructuring regulations

          2. Section 130 – Abolition requests

          3. Section 131 – Restructuring regulations

          4. Section 132 – Restructuring regulations which provide for part of a principal area to become part of another existing principal area

          5. Section 133 – Restructuring regulations which constitute a new principal area

          6. Section 134 – Restructuring regulations: supplementary

          7. Section 135 – Duties on restructuring councils to facilitate transfer

       3. Chapter 3: Functions Relating to Mergers and Restructuring

          1. Section 136 and Schedule 11 – Transition Committees

   12. Part 1 of Schedule 11: Merging Councils

       1. Paragraph 1 – Transition committees for merging councils.

       2. Paragraph 2 - Membership of transition committees for merging councils

       3. Paragraph 3 - Functions of transition committees and sub-committees for merging councils

   13. Part 2 of Schedule 11: Restructuring councils

       1. Paragraph 4 – Transition committees for restructuring councils

   14. Part 3 of Schedule 11: Transition committees of merging councils and restructuring councils

       1. Paragraph 5 – Sub-committees of transition committees for merging councils or restructuring councils

       2. Paragraph 6 - Provision of funding, facilities and information to transition committees for merging councils or restructuring councils

       3. Paragraph 7 - Transition committees for merging councils or restructuring councils: further provision

       4. Section 137 and Schedule 12 – Restraint of transactions and recruitment

       5. Paragraph 1 - Restraining transactions and recruitment etc. by direction

       6. Paragraph 2 - Directions under paragraph 1: supplementary

       7. Paragraph 3 - Directions under paragraph 1: further provision about reserves

       8. Paragraph 4 - Directions under paragraph 1(3): supplementary

       9. Paragraph 5 - Directions: enforcement and consequences of contravention

       10. Paragraph 6 - Interpretation of paragraphs 1 and 7

       11. Paragraph 7 - Determining whether financial limits have been exceeded

       12. Paragraph 8 - Financial limits: further provision

       13. Paragraph 9 - Guidance in relation to transactions, recruitment etc.

       14. Section 138 – Reviews of electoral arrangements

       15. Section 139 – Prohibition of changes to executive arrangements

       16. Section 140 – Requirement on principal councils to provide information etc. to the Welsh Ministers

       17. Section 141 – Requirement on principal councils to provide information etc. to other bodies

       18. Chapter 4: Remuneration arrangements for new principal councils

           1. Section 142 - Directions to Independent Remuneration Panel for Wales

           2. Section 143 - Reports of Panel relating to shadow councils and new principal councils

           3. Section 144 – Guidance to Panel

           4. Section 145 - Pay policy statements

       19. Chapter 5: Supplementary

           1. Section 146 – Guidance

           2. Section 147 - Other consequential etc. provision

           3. Section 148 – Initial procedure for restructuring regulations

           4. Section 150 – Repeals of other enactments

   15. Part 8: Local Government Finance

       1. Section 151 - Powers of billing authorities to require the supply of information relating to hereditaments

       2. Section 152 – Requirement to supply to billing authorities information relevant to determining liability to non-domestic rates

       3. Section 153 - Powers of billing authorities to inspect properties

       4. Section 154 - Multipliers

       5. Section 155 – Amendment of Chapter 3 of Part 5 of the Local Government Finance Act 1988

       6. Section 156 – Joint and several liability to pay council tax

       7. Section 157 – Removal of power to provide for imprisonment of council tax debtors

       8. Section 158 – Procedure for certain regulations and orders made under the Local Government Finance Act 1992

   16. Part 9: Miscellaneous

       1. Section 159 – Information sharing

       2. Section 160 Amendment of the Public Audit (Wales) Act 2004 consequential on section 159

       3. Section 161 Head of democratic services

       4. Section 162 and Schedule 13 – Abolition of polls consequent on a community meeting

       5. Section 163 – Appointment by Local Democracy and Boundary Commission of its chief executive

       6. Section 164 – Directions under section 48 of the Local Government (Democracy) (Wales) Act 2013

       7. Section 165 and Schedule 14 – Merging and demerging public services boards under the Well-being of Future Generations (Wales) Act 2015

       8. Section 166 – Combined Fire and Rescue Authorities: inquiries

       9. Section 167 – Performance and governance of fire and rescue authorities

       10. Section 168 – Fire and rescue authorities: disapplication of the 2009 Measure

       11. Section 169 – National Park authorities: disapplication of the 2009 Measure

       12. Section 170 – Repeal of the 2009 Measure

   17. Part 10: General

       1. Section 171 – Interpretation

       2. Section 172 – Directions

       3. Section 173 – Power to make consequential and transitional provision etc.

       4. Section 174 – Regulations under this Act

       5. Section 175 – Coming into force

       6. Section 176 – Short Title

4. Record of Proceedings in the Senedd