Local Government and Elections (Wales) Act 2021

142Directions to [F1Democracy and Boundary Commission Cymru] E+W

This section has no associated Explanatory Notes

(1)The Welsh Ministers may direct the [F2Democracy and Boundary Commission Cymru] that it must perform its payment and pension functions in relation to—

(a)the shadow council for a new principal area established under merger regulations or restructuring regulations, and

(b)the principal council for that area, for the financial year in which the transfer date falls.

(2)For the purposes of subsection (1), the [F3Commission’s] payment and pension functions are the functions under the following sections in [F4Part 5A of the 2013 Act]—

(a)[F5section 69A] (payments to members), and

(b)[F6section 69B] (members' pensions).

(3)Accordingly [F7Part 5A] [F8of the 2013 Act] applies in the case of a council to which a direction under subsection (1) relates; but in its application by virtue of this subsection [F7Part 5A] is subject to—

(a)subsection (4), and

(b)section 143.

(4)Where [F9Part 5A of the 2013 Act] applies by virtue of subsection (3)—

(a)the shadow council is a relevant authority for the purposes of that Part,

(b)the Panel may exercise its functions under [F9Part 5A of the 2013 Act] in relation to the principal council for the new principal area before the council has been established (including by way of imposing a requirement to which the council will be subject once it is established); accordingly, for those purposes that Part is to be read as if the council is, before it is established, a relevant authority,

(c)where the transfer date does not fall on 1 April, the references in [F10section 69A] to a financial year include a reference to part of the financial year in which the transfer date falls,

F11(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In exercising functions by virtue of this section in relation to a principal council for an area which has or had a designated shadow council, the Panel may, in relation to times before and after the council will consist of councillors elected at the first ordinary election—

(a)make different decisions under section 142(1) of the 2011 Measure;

(b)set different amounts under subsection (3) of that section;

(c)make different determinations under subsection (4) of that section;

(d)set different percentages or other rates or indices under subsection (6) of that section;

(e)make different decisions under section 143(2) and (3) of the 2011 Measure.

Textual Amendments

F1Words in s. 142 heading substituted (1.4.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), s. 72(4), Sch. 1 para. 15(5)(a); S.I. 2024/1337, art. 3(e)

F2Words in s. 142(1) substituted (1.4.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), s. 72(4), Sch. 1 para. 15(5)(b); S.I. 2024/1337, art. 3(e)

F3Word in s. 142(2) substituted (1.4.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), s. 72(4), Sch. 1 para. 15(5)(c)(i); S.I. 2024/1337, art. 3(e)

F4Words in s. 142(2) substituted (1.4.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), s. 72(4), Sch. 1 para. 15(5)(c)(ii); S.I. 2024/1337, art. 3(e)

F5Words in s. 142(2)(a) substituted (1.4.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), s. 72(4), Sch. 1 para. 15(5)(c)(iii); S.I. 2024/1337, art. 3(e)

F6Words in s. 142(2)(b) substituted (1.4.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), s. 72(4), Sch. 1 para. 15(5)(c)(iv); S.I. 2024/1337, art. 3(e)