Elections and Elected Bodies (Wales) Act 2024 (asc5)

PART 2 E+W ELECTED BODIES AND THEIR MEMBERS

CHAPTER 4 E+W DEMOCRACY AND BOUNDARY COMMISSION CYMRU

66 Democracy and Boundary Commission Cymru: persons who may not be members etc. E+W

(1) The 2013 Act is amended as follows.

(2) In section 4(3) (persons who may not be commissioners)—

(a) in paragraph (c), after “member” insert “or member of staff”;

(b) omit paragraph (d);

(c) in paragraph (e), after “member” insert “or member of staff”;

(d) after paragraph (e) insert—

“(ea) a member or member of staff of a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);

(eb) a member or member of staff of a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies;”.

(3) In section 8(4) (persons who may not be chief executive)—

(a) in paragraph (c), after “member” insert “or member of staff”;

(b) omit paragraph (d);

(c) in paragraph (e), after “member” insert “or member of staff”;

(d) after paragraph (e) insert—

“(ea) a member or member of staff of a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);

(eb) a member or member of staff of a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies;”.

(4) In section 11(2) (persons who may not be assistant commissioners)—

(a) in paragraph (c), after “member” insert “or member of staff”;

(b) omit paragraph (d);

(c) in paragraph (e), after “member” insert “or member of staff”;

(d) after paragraph (e) insert—

“(ea) a member or member of staff of a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);

(eb) a member or member of staff of a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies;”.

Commencement Information

I1 S. 66 in force at 10.9.2024, see s. 72(1)(c)

67 Democracy and Boundary Commission Cymru: governance and audit committee E+W

(1) The 2013 Act is amended as follows.

(2) In the cross-heading before section 15 (funding), after “matters” insert “and governance”.

(3) In section 17 (audit committee)—

(a) for the section heading, substitute “Governance and audit committee”;

(b) in subsection (1)—

(i) for “(an ”audit committee”)” substitute “(a “governance and audit committee”)”;

(ii) after paragraph (b) insert—

“(ba) review, assess and manage the Commission’s internal and external audit arrangements,

(bb) review and assess the Commission’s handling of complaints,

(bc) review—

(i) statements of accounts and reports prepared by the Commission under sections 19(1) and 20,

(ii) reports prepared by the Auditor General for Wales under section 19(4),”;

(iii) in paragraph (d), after “(b)” insert “, (ba), (bb), (bc)”;

(c) in subsection (2), for “audit” substitute “governance and audit”;

(d) in subsection (3), for “audit” substitute “governance and audit”;

(e) after subsection (2) insert—

“(2A) The Commission may confer on the governance and audit committee the functions the Commission considers suitable to be exercised by the committee.”

(4) In section 18 (audit committee: membership)—

(a) for the section heading, substitute “Governance and audit committee: membership and quorum”;

(b) for subsections (1) and (2) of the 2013 Act substitute—

“(1) The governance and audit committee is to consist of—

(a) at least two members of the Commission;

(b) at least two lay members;

(c) no more than five members.

(2) A lay member of the governance and audit committee must be appointed—

(a) to chair the committee (the “chair”);

(b) as deputy to the chair.

(2A) A person may not be a member of the governance and audit committee if the person is a member of the Commission and is either the Commission’s chairing member or is acting as deputy to the Commission’s chairing member.

(2B) The quorum for meetings of the governance and audit committee is three members, which must consist of at least one lay member.”

Commencement Information

I2 S. 67 not in force at Royal Assent, see s. 72(4)

I3 S. 67 in force at 1.1.2025 by S.I. 2024/1337, art. 2(o)

68 Democracy and Boundary Commission Cymru: power to charge E+W

(1) The 2013 Act is amended as follows.

(2) After section 11 (assistant commissioners) and the cross-heading that follows that section, insert—

“11A Power to charge

(1) The Commission may charge a person for the provision of goods or services mentioned in subsection (2) to recover the cost of the provision if the person has agreed to the goods or services being provided.

(2) The goods or services are—

(a) goods or training the Commission provides or secures in exercise of its functions under section 20A (electoral administration functions);

(b) training the Commission provides or secures for a principal council in connection with the council’s functions under Part 3.”

Commencement Information

I4 S. 68 not in force at Royal Assent, see s. 72(4)

I5 S. 68 in force at 1.1.2025 by S.I. 2024/1337, art. 2(p)