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

(introduced by section 162)

SCHEDULE 13 Abolition of polls consequent on community meetings under the 1972 Act

Local Government Act 1972 (c. 70)

1 The 1972 Act is amended as follows.

2 Omit sections 33B and 33C (principal council’s response to a poll demanded at a community meeting).

3 In 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)”.

4 In 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)”.

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

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

(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.”

7 In 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”.

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

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

Local Government and Housing Act 1989 (c. 42)

10 In 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).

Local Government (Wales) Measure 2011 (nawm 4)

11 In the 2011 Measure, omit sections 93 to 99.

This Act

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