Local Government and Elections (Wales) Act 2021

174 Regulations under this Act E+W

(1) A power to make regulations under this Act is exercisable by statutory instrument.

(2) A power to make regulations under this Act includes power to make different provision for different purposes or areas.

(3) A power to make regulations under this Act includes a power to make supplementary, incidental, consequential, transitional, transitory or saving provision; but this subsection does not apply to the powers under—

(a) section 72, 74, 80 or 83 (corporate joint committees; as to which see section 83);

(b) section 124, 131 or 147 (mergers and restructuring; as to which see section 147).

(4) A statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru

(5) Subsection (4) applies to a statutory instrument containing regulations under any of the following provisions—

(a) section 28(1) or (2), where the regulations amend, modify, repeal or disapply primary legislation, unless the regulations are made only for a purpose described in subsection (8) of that section;

(b) section 28(3) or (4), unless the regulations are made only for a purpose described in subsection (8) of that section;

(c) section 35(1) or (3) (eligible community councils: eligibility requirements);

(d) section 46 (electronic broadcast of meetings);

(e) section 47(8) (attendance at local authority meetings);

(f) section 50 (regulations about conduct of local authority meetings, notices relating to such meetings, etc.);

(g) section 60(1) (job-sharing: non-executive offices in principal councils);

(h) section 72 (establishing requested corporate joint committees);

(i) section 74 (establishing corporate joint committees other than on request);

(j) section 80 (amendment etc. of joint committee regulations);

(k) section 83 (corporate joint committees: supplementary etc.);

(l) section 84(2)(amendment of enactments for purposes etc. of Part 5);

(m) section 94 (panel performance assessments: supplementary regulations);

[F1 (ma) section 94 as applied to corporate joint committees by section 115A and Schedule 10A;]

(n) section 107(3) (disapplication etc. of enactments in relation to principal council functions exercisable by the Welsh Ministers etc.);

[F2 (na) section 107(3) as applied to corporate joint committees by section 115A and Schedule 10A;]

(o) section 110(1) or (2) (amendment etc. of enactments and conferral of new powers in relation to performance and governance of principal councils);

[F3 (oa) section 110(1) or (2) as applied to corporate joint committees by section 115A and Schedule 10A;]

(p) section 124 (merger regulations);

(q) section 131 (restructuring regulations; but see section 148 for further provision about the procedure relating to a statutory instrument containing restructuring regulations);

(r) section 147 (further provision relating to merger regulations and restructuring regulations);

(s) section 159(6) (amendment of table 2 to change membership of information sharing group and their specified functions);

(t) section 173 (consequential etc. provision), where the regulations amend, modify or repeal primary legislation (including this Act).

(6) A statutory instrument containing regulations under this Act and to which subsection (4) does not apply is subject to annulment in pursuance of a resolution of Senedd Cymru; but this subsection does not apply to a statutory instrument containing only regulations under paragraph 9, 10 or 11 of Schedule 1 (initial reviews).

(7) In subsection (5), “primary legislation” includes a provision of primary legislation.

Textual Amendments

F1 S. 174(5)(ma) inserted (15.7.2022) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2022 (S.I. 2022/797), regs. 1(2), 24(a)

F2 S. 174(5)(na) inserted (15.7.2022) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2022 (S.I. 2022/797), regs. 1(2), 24(b)

F3 S. 174(5)(oa) inserted (15.7.2022) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2022 (S.I. 2022/797), regs. 1(2), 24(c)