PART 7

MERGERS AND RESTRUCTURING OF PRINCIPAL AREAS
CHAPTER 2

RESTRUCTURING OF PRINCIPAL AREAS

Restructuring regulations

Restructuring regulations: supplementary
134
1
Restructuring regulations may make provision that corresponds to, or applies (with or without modifications) provision made by or under, or that may or must be made under—
a
Chapter 4 (remuneration arrangements), where the regulations make provision in accordance with section 131(b);
b
section 127 (elections);
c
paragraphs 2 and 3 of Schedule 11 (transition committees).
2
Restructuring regulations may provide for—
a
the establishment of a committee or other body to provide advice and recommendations to persons specified in the regulations about the transfer of functions, liabilities and property, and about staffing matters;
b
the establishment of a body corporate for the purpose of taking over, and disposing of, any property, rights or liabilities of a principal council which is to be abolished under the regulations, and exercising any related functions of such a council; and restructuring regulations may—
i
provide for such a body to acquire property, make levies, borrow and lend money, and
ii
make provision about the winding up of such a body;
c
the provision of information or documents by a restructuring council to persons specified in the regulations;
d
the giving of directions by the Welsh Ministers to persons specified in the regulations for purposes connected to a restructuring, and for their enforcement;
e
the Welsh Ministers to determine, in circumstances specified in the regulations, matters connected to the restructuring.
3
If the Welsh Ministers decide not to make restructuring regulations after—
a
having received a report of a special inspection of a principal council by the Auditor General for Wales under section 95(7) and having consulted as described in section 129(4), or
b
having received an abolition request,
they must notify the council under consideration and any other principal council they have given notice or consulted as described in section 129.
4
For the purposes of sections 132 and 133, the voting systems are—
a
the simple majority system provided for by rules made, or having effect as if made, under section 36A of the 1983 Act;
b
the single transferable vote system provided for by rules made under section 36A of the 1983 Act.
5
If, before section 7 comes into force, notice is given as described in section 129(6) and the creation of a new principal area is proposed—
a
section 133(1) does not apply in relation to the restructuring regulations relating to the notice, and
b
those regulations must provide that if section 7 is in force on the day of the first ordinary election of councillors to the principal council for the new principal area, the simple majority system applies to that election.