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Local Government and Elections (Wales) Act 2021

Changes over time for: SCHEDULE 13

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(introduced by section 162)

SCHEDULE 13E+WAbolition of polls consequent on community meetings under the 1972 Act

This schedule has no associated Explanatory Notes

Local Government Act 1972 (c. 70)E+W

1E+WThe 1972 Act is amended as follows.

Commencement Information

I1Sch. 13 para. 1 in force at 5.5.2022 by S.I. 2021/231, art. 6(v)

2E+WOmit sections 33B and 33C (principal council's response to a poll demanded at a community meeting).

Commencement Information

I2Sch. 13 para. 2 in force at 5.5.2022 by S.I. 2021/231, art. 6(v)

3E+WIn section 150(7) (expenses of polls)—

(a)omit, in the second place it occurs, “or community”;

(b)after “meeting”, in the second place it occurs, insert “ or of a community governance poll (as to which, see paragraph 34(8) of Schedule 12) ”.

Commencement Information

I3Sch. 13 para. 3 in force at 5.5.2022 by S.I. 2021/231, art. 6(v)

4E+WIn section 243(3) (computation of time)—

(a)omit “or community”;

(b)after “meeting” insert “ or a community governance poll (as to which, see paragraph 34(8) of Schedule 12) ”.

Commencement Information

I4Sch. 13 para. 4 in force at 5.5.2022 by S.I. 2021/231, art. 6(v)

5E+WIn Schedule 12, omit paragraphs 26A and 29A (response by community council to community poll).

Commencement Information

I5Sch. 13 para. 5 in force at 5.5.2022 by S.I. 2021/231, art. 6(v)

6(1)In Schedule 12, paragraph 34 (the making of decisions by community meetings) is amended as follows.E+W

(2)In sub-paragraph (1), for “poll consequent thereon” substitute “ community governance poll ”.

(3)In sub-paragraph (2)—

(a)omit “, in the first instance,”;

(b)omit “unless a poll is demanded”.

(4)Omit sub-paragraph (4).

(5)For sub-paragraphs (5) and (6) substitute—

(5)The Welsh Ministers may by regulations make provision about the conduct of community governance polls.

(6)Regulations under sub-paragraph (5) may apply any enactment relating to elections or referendums (with or without modifications) to community governance polls.

(7)A statutory instrument containing regulations under sub-paragraph (5) is subject to annulment in pursuance of a resolution of Senedd Cymru.

(6)At the end of paragraph 34 insert—

(8)In this Part of this Schedule, “community governance poll” means a poll held on a proposal of a kind mentioned in section 27A, 27C, 27E, 27G, 27I or 27K.

Commencement Information

I6Sch. 13 para. 6 in force at 5.5.2022 by S.I. 2021/231, art. 6(v)

7E+WIn paragraph 37 of Schedule 12 (lending of ballot boxes etc.), in sub-paragraph (1) for “poll consequent on a community meeting” substitute “ community governance poll ”.

Commencement Information

I7Sch. 13 para. 7 in force at 5.5.2022 by S.I. 2021/231, art. 6(v)

8E+WIn paragraph 38 of Schedule 12 (offences) for “poll consequent on a community meeting” substitute “ community governance poll ”.

Commencement Information

I8Sch. 13 para. 8 in force at 5.5.2022 by S.I. 2021/231, art. 6(v)

9E+WIn Schedule 12, omit paragraphs 38A and 38B (notification of principal council of result of poll consequent on a community meeting).

Commencement Information

I9Sch. 13 para. 9 in force at 5.5.2022 by S.I. 2021/231, art. 6(v)

Local Government and Housing Act 1989 (c. 42)E+W

10E+WIn the Local Government and Housing Act 1989, in section 5 omit subsection (8B) (functions of monitoring officers in relation to polls consequent on a community meeting).

Commencement Information

I10Sch. 13 para. 10 in force at 5.5.2022 by S.I. 2021/231, art. 6(v)

Local Government (Wales) Measure 2011 (nawm 4)E+W

11E+WIn the 2011 Measure, omit sections 93 to 99.

Commencement Information

I11Sch. 13 para. 11 in force at 5.5.2022 by S.I. 2021/231, art. 6(v)

This ActE+W

12E+WIn this Act, omit paragraph 1(8) of Schedule 2 (amendment of paragraph 34 of Schedule 12 to the 1972 Act).

Commencement Information

I12Sch. 13 para. 12 in force at 5.5.2022 by S.I. 2021/231, art. 6(v)

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