Local Government and Elections (Wales) Act 2021 (asc1)

PART 1 E+W ELECTIONS

Right to vote in local government elections E+W

2 Extension of right to vote in local government elections E+W

(1) In section 2 of the 1983 Act (local government electors)—

(a) in subsection (1)—

(i) in paragraph (c), for “or a relevant citizen of the Union” substitute “ , a relevant citizen of the Union or (in Wales) a qualifying foreign citizen ”;

(ii) in paragraph (d), after “over” insert “ except in Wales (see subsection (1A)) ”;

(b) after subsection (1) insert—

“(1A) In Wales, voting age is 16 years or over.”

(2) In section 12 of the Government of Wales Act 2006 (c. 32) (entitlement to vote)—

(a) in subsection (1)(a), omit “or fall within the extended franchise for Senedd elections as described in this section”;

(b) omit subsection (1A);

(c) omit subsection (1B).

(3) In section 4 of the 1983 Act (entitlement to be registered as a local government elector)—

(a) in subsection (3)—

(i) in paragraph (c), for “or a relevant citizen of the Union” substitute “ , a relevant citizen of the Union or (in relation to a local government election in Wales) a qualifying foreign citizen ”;

(ii) in paragraph (d), omit “ or, if resident in an area in Wales, is 16 years of age or over”;

(b) omit subsection (3A);

(c) omit subsection (5B).

Commencement Information

I1 S. 2(1)(3) in force at 20.3.2021, see s. 175(3)(b) (subject to s.3)

I2 S. 2(2) in force at 5.5.2022, see s. 175(5)

3 Transitional provision E+W

(1) Despite the coming into force of the amendments made by the provisions mentioned in subsection (2) by virtue of section 175(3), they only have effect in relation to a local government election or a local referendum for the purposes of—

(a) a local government election at which the poll is held on or after 5 May 2022;

(b) a local referendum held on or after 5 May 2022.

(2) The provisions are—

(a) section 2(1) and (3);

(b) section 22;

(c) paragraphs 2(12), 8(3)(b), 15 and 19 of Schedule 2.

(3) In subsection (1), “local referendum” means a referendum held under—

(a) section 27 of the 2000 Act or by virtue of regulations or an order made under Part 2 of that Act;

(b) section 40 of the 2011 Measure.

4 Duty to promote awareness and provide assistance E+W

(1) A principal council must—

(a) promote awareness among relevant young people of the arrangements for registration as local government electors that apply to them;

(b) take the steps the council considers necessary to help relevant young people register as local government electors.

(2) In this section “relevant young people” means—

(a) persons resident in the principal council's area who have attained the age of 14, but are under the age of 18;

(b) persons of the same age who—

(i) are not resident in the area of the principal council, and

(ii) are looked after by the council;

(c) persons of the same age who—

(i) are not resident in the area of the principal council, and

(ii) are persons to whom the council has a duty to safeguard and promote their well-being under section 109 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

(3) In this section, a person is looked after if the person is a looked after child for the purposes of the Social Services and Well-being (Wales) Act 2014.