Local Government and Elections (Wales) Act 2021 Explanatory Notes

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

704.Section 163 amends section 8 of the 2013 Act so that the appointment of the Boundary Commission’s chief executive will, other than in the circumstances set out in new subsection (2A) of section 8, no longer be a function of the Welsh Minister and will instead be a function of the Boundary Commission.

705.New subsection (2A) of section 8 allows the Welsh Ministers to appoint a chief executive on such terms and conditions as the Welsh Ministers decide, in circumstances where that office has been vacant for more than six months.

706.Neither the Boundary Commission nor the Welsh Ministers may appoint a person to the role of chief executive if that person holds one of the positions set out in new subsection (4) of section 8.

707.Section 163(6) removes unnecessary references to “in Wales” from sections 4(3)(c) and (d) and 11(2)(c) and (d) of the 2013 Act. See section 72 of the 2013 Act for the meaning of “local authority” in that Act.

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