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Local Government and Elections (Wales) Act 2021

Changes over time for: Cross Heading: Applications for mergers

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Applications for mergersE+W

121Merger applicationsE+W

(1)Any two or more principal councils may jointly make an application (“a merger application”) to the Welsh Ministers, asking them to consider making merger regulations under section 124(1) merging their principal areas into a new principal area.

(2)Section 101 of the 1972 Act (arrangements for discharge of functions by local authorities) does not apply to the function of making a merger application.

(3)The function of making a merger application is not to be the responsibility of an executive of the principal council under executive arrangements.

(4)An elected mayor is to be treated as a councillor of the principal council for the purposes of the function of making a merger application.

(5)If, following receipt of a merger application, the Welsh Ministers decide not to make merger regulations under section 124(1), they must notify the principal councils that made the application.

122Consultation before making merger applicationE+W

(1)Before making a merger application the principal councils must consult—

(a)local people in the principal councils' areas,

(b)each of the councils for communities in the principal councils' areas,

(c)the National Park authority for a National Park any part of which is in one or more of the principal councils' areas,

(d)the fire and rescue authority for an area any part of which is in one or more of the principal councils' areas,

(e)the public services board or boards for the principal councils' areas,

(f)the Local Health Board for an area any part of which is in one or more of the principal councils' areas,

(g)every trade union which is recognised (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)) by one or more of the principal councils,

(h)every other principal council for a principal area which is likely to be affected by the proposal for merger, and

(i)such other persons as the principal councils consider appropriate.

(2)The requirement in subsection (1) may be satisfied by consultation undertaken before the coming into force of this section.

123Guidance about merger applicationsE+W

(1)Principal councils must have regard to any guidance issued by the Welsh Ministers about the making of a merger application.

(2)The requirement in subsection (1) may be satisfied by having regard to any guidance issued by the Welsh Ministers before the coming into force of this section, and which was issued expressly for the purpose of this section.

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