Local Government and Elections (Wales) Act 2021

143Reports of [F1Commission] relating to shadow councils and new principal councilsE+W

This section has no associated Explanatory Notes

(1)This section applies where [F2Part 5A of the 2013 Act] applies in the case of a council by virtue of a direction under section 142.

(2)The first report under [F3Part 5A of the 2013 Act] that relates (wholly or partly) to the shadow council for the new principal area (“the first report”)—

(a)must be published no later than the date specified in the direction under section 142 for that purpose, and

(b)may be an annual report or a supplementary report, subject to the requirement imposed by virtue of paragraph (a) and the requirements under [F4sections 69E(3) and 69I(1) and (2)(a) of the 2013 Act].

(3)[F5Section 69I(2)(b) of the 2013 Act] (time limit on publication) does not apply in relation to the first report if it is a supplementary report.

(4)Where any annual report or supplementary report relates (wholly or partly) to—

(a)the shadow council, or

(b)the principal council for the new principal area and that council will not be established at the time of publication of the report,

the [F6Commission] must take the step set out in subsection (5).

(5)The [F7Commission] must, before publishing the report under [F8section 69E of the 2013 Act], send a draft of the report to the following (if the [F7Commission] is not already required to do so under [F9section 69G(1)(a) of the 2013 Act])—

(a)the merging councils or restructuring councils whose areas are to be merged to create the new principal area;

(b)the shadow council (if established);

(c)the persons (if any) specified for that purpose in the direction under section 142.

(6)A supplementary report may impose on the merging councils or restructuring councils whose areas are to be merged to create the new principal area, or on the shadow council—

(a)requirements of a kind specified in [F10section 69J(1) of the 2013 Act];

(b)requirements of a kind specified in [F11section 69K(1) of the 2013 Act].

(7)Where a supplementary report relates (wholly or partly) to the shadow council, [F12section 69J(2) of the 2013 Act] applies in relation to that report (to the extent that it requires a payment to be made to or by the shadow council) as it applies in relation to an annual report.

(8)The references in [F13sections 69L, 69N and 69P of the 2013 Act] to requirements imposed by an annual report include a reference to requirements imposed by a supplementary report by virtue of this section.

(9)An annual or supplementary report must specify in relation to the council for the new principal area (whether it is a shadow council or a principal council at the time of publication) the information mentioned in [F14section 69E(4) of the 2013 Act].

(10)The matters required by virtue of this section and section 142 to be included in a report of the [F15Commission] in relation to the financial year in which the transfer date falls must be included in the annual report for that financial year.

(11)But, if the [F16Commission] considers it appropriate to do so, it may at any time before the transfer date publish a supplementary report in relation to so much of that first financial year as falls on or after that date.

Textual Amendments

Commencement Information

I1S. 143(1)-(4)(5)(b)(c) in force at 21.1.2021, see s. 175(1)(f)

I2S. 143(5)(a)(6) in force at 21.1.2021 for specified purposes, see s. 175(1)(f)(2)(b)(ii)(7)

I3S. 143(7)-(11) in force at 21.1.2021 for specified purposes, see s. 175(1)(f)

I4S. 143(5)(a)(6) in force at 1.4.2021 in so far as not already in force by S.I. 2021/297, art. 2(d)