Elections and Elected Bodies (Wales) Act 2024

Timing of reviews and implementation E+W

47 Electoral review recommendations and decisions: period before a local election E+W

(1) The 2013 Act is amended as follows.

(2) In section 29(8) (review of electoral arrangements for principal area), for “9” substitute “12”.

(3) In section 37 (implementation by the Welsh Ministers), after subsection (2) insert—

“(2A) The Welsh Ministers must not, in any period of 6 months preceding the day of an ordinary council election under section 26 of the 1972 Act (elections of councillors), exercise their functions under subsection (1).”

Commencement Information

I1 S. 47 in force at 9.11.2024, see s. 72(2)(a)

48 Deadline for completion of reviews E+W

(1) The 2013 Act is amended as follows.

(2) After section 36A (proposals for names of electoral wards: review reports) (inserted by section 44) insert—

“36B Deadline for completion of reviews

(1) Before conducting a review under this Part, the Commission or, as the case may be, a principal council must publish a statement specifying the day on which the review begins.

(2) The Commission must, in relation to a review it conducts under section 23, 27 or 29, use its best endeavours to publish its further report on the review in accordance with section 36(5)(b) before the end of a period of 12 months beginning with the day specified under subsection (1).

(3) The Commission must, in relation to a review it conducts under section 28, use its best endeavours to publish its further report on the review in accordance with section 36(5)(b) before the end of a period of 18 months beginning with the day specified under subsection (1).

(4) The Commission must, in relation to a review it conducts under section 2‍6 or 32, use its best endeavours to publish its further report on the review in accordance with section 36(5)(b) before the end of a period of 24 months beginning with the day specified under subsection (1).

(5) A principal council must, in relation to a review it conducts under section 25 or 31, use its best endeavours to publish its further report on the review in accordance with section 36(5)(b) before the end of a period of 24 months beginning with the day specified under subsection (1).

(6) If a reviewing body fails to comply with a duty imposed by this section in relation to a review, the body’s failure to comply does not affect the validity of the review for the purposes of this Act.”

Commencement Information

I2 S. 48 in force at 9.11.2024, see s. 72(2)(a)

49 Deadline for completion of implementation E+W

(1) The 2013 Act is amended as follows.

(2) In section 37 (implementation by the Welsh Ministers)—

(a) in subsection (1)(b), after “action” insert “on any recommendation”;

(b) after subsection (4) insert—

“(5) The Welsh Ministers must use their best endeavours to make a decision on each recommendation received by them, of the kind described in subsection (1), before the end of a period of 3 months beginning at the end of the period specified by subsection (3A).

(6) The Welsh Ministers must publish a statement setting out their decision in respect of each recommendation; and the date on which the statement is published is to be treated as the date of the decision for the purposes of subsection (5).

(7) If the Welsh Ministers fail to comply with the duty in subsection (5), the failure to comply does not affect the validity of any order under subsection (1)(a) or any decision to take no action under subsection (1)(b).”

(3) In section 38 (implementation of community boundary change), after subsection (4) insert—

“(5) The Commission must use its best endeavours to make a decision on each recommendation received by it, of the kind described in subsection (1), before the end of a period of 3 months beginning at the end of the period specified by subsection (2A).

(6) The Commission must publish a statement setting out its decision in respect of each recommendation; and the date on which the statement is published is to be treated as the date of the decision.

(7) If the Commission fails to comply with the duty in subsection (5), the failure to comply does not affect the validity of any order under subsection (1)(a) or (b) or any review under subsection (1)(c).”

(4) In section 39 (implementation of community electoral arrangements change)—

(a) after subsection (4B) (inserted by section 43(4)) insert—

“(4C) The principal council must use its best endeavours to make a decision on each recommendation received by it, of the kind described in subsection (3), before the end of a period of 3 months beginning at the end of the period specified by subsection (4A).

(4D) The principal council must publish a statement setting out its decision in respect of each recommendation; and the date on which the statement is published is to be treated as the date of the decision.

(4E) If a principal council fails to comply with the duty in subsection (4C), the failure to comply does not affect the validity of any order under subsection (3)(a) or (b) or any decision or notification under subsection (3)(c).”

(b) in subsection (6), in paragraph (b), for “6 months beginning with the date on which the council received the Commission’s recommendations” substitute “3 months beginning with the end of period specified by subsection (4C)”.

Commencement Information

I3 S. 49 in force at 9.11.2024, see s. 72(2)(a)

50 Directions to pause reviews E+W

(1) The 2013 Act is amended as follows.

(2) In section 48 (directions and guidance relating to Part 3)—

(a) in subsection (2), after paragraph (e) insert—

“(f) to pause a review it conducts under this Part for a period specified in the direction or until a further direction is given.”;

(b) in subsection (5), after paragraph (b) insert—

“(c) to pause a review it conducts under this Part for a period specified in the direction or until a further direction is given.”;

(c) after subsection (9), insert—

“(10) The Welsh Ministers must not use the powers of direction under this Act to pause a review for more than 9 months, whether the pause is one period of 9 months or more than one period totalling 9 months.

(11) Any period during which the Commission or a principal council is directed under this Act to pause a review is not to be taken into account for the purpose of calculating the length of the periods mentioned in subsections (2) to (5) of section 36B.”

Commencement Information

I4 S. 50 in force at 9.11.2024, see s. 72(2)(a)