Local Government (Wales) Measure 2011 (nawm4)

PART 5 W LOCAL AUTHORITY FUNCTIONS: DISCHARGE BY COMMITTEES AND COUNCILLORS

Area committees W

55 Area covered and membership W

(1) Section 18 of the Local Government Act 2000 (discharge of functions by area committees) is amended as follows.

(2) In subsection (3), for the definition of “area committee” substitute—

““area committee” means—

(a) in relation to a local authority in England, a committee or sub-committee of the authority which satisfies the conditions in subsection (4);

(b) in relation to a local authority in Wales, a committee or sub-committee of the authority which satisfies the conditions in subsection (6);”.

(3) In subsection (4), after “a local authority” insert “ in England ”.

(4) After subsection (5) insert—

“(6) A committee or sub-committee of a local authority in Wales satisfies the conditions in this subsection if—

(a) the committee or sub-committee is established to discharge functions in respect of part of the area of the authority,

(b) that part consists of the whole of one or more electoral divisions of the authority,

(c) all the members of the authority who are elected for that electoral division, or those electoral divisions, are entitled to be members of the committee or sub-committee,

(d) no members of the authority, other than those mentioned in paragraph (c), may be members of the committee or sub-committee, and

(e) either or both of the conditions in subsection (7) are satisfied in relation to that part.

(7) Those conditions are—

(a) that the area of that part does not exceed one-half of the total area of the authority;

(b) that the population of that part, as estimated by the authority, does not exceed one-half of the total population of the area of the authority as so estimated.”.

Exercise of functions by councillors W

56 Exercise of functions by councillors W

(1) The senior executive member of a local authority may make arrangements for a non-executive member of the authority to exercise a function of the local authority which is the responsibility of the executive.

(2) A local authority may make arrangements for a non-executive member of the authority to exercise any other function of the authority.

(3) Arrangements under this section may only provide for a non-executive member (N) to exercise functions—

(a) in relation to the electoral [F1 ward] for which N is elected, or

(b) in relation to N's official membership of a body other than the local authority.

(4) No arrangements may be made under this section for the exercise of a function—

(a) if, or to the extent that, it is specified in an order made by the Welsh Ministers, or

(b) in a manner, or in circumstances, specified in an order made by the Welsh Ministers.

(5) Arrangements made under this section for the exercise of a function do not prevent the ordinary exercise of the function.

(6) In making arrangements under this section, the senior executive member, or local authority, must have regard to guidance given by the Welsh Ministers.

(7) In this section—

(a) a reference to the exercise of a function includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the function;

(b) a reference to a function which is the responsibility of the executive of a local authority is to be construed in accordance with section 13(8) of the Local Government Act 2000;

(c) a reference to N's official membership of a body is a reference to membership of the body which N holds by virtue of—

(i) a local authority appointment,

(ii) an appointment, other than a local authority appointment, made on a local authority nomination or recommendation or with local authority approval, or

(iii) an appointment, other than a local authority appointment, made in compliance with a requirement to appoint a member of a local authority;

(d) a reference (in relation to N) to a local authority appointment, nomination or recommendation, or local authority approval, is a reference to an appointment, nomination or recommendation made by, or approval given by—

(i) the local authority of which N is a member, or

(ii) the executive of that local authority;

(e) a reference to the ordinary exercise of a function is a reference to its exercise by the person or persons by whom it is exercisable in the absence of arrangements made under this section.

(8) References in this section to a local authority are references to a local authority which operates executive arrangements.

(9) In this section—

• “non-executive member” (“aelod nad yw'n aelod gweithrediaeth”) means a member of a local authority who is not a member of the executive of the authority;

• “senior executive member” (“aelod gweithrediaeth hŷn”) means—

  (a)

  in the case of a local authority operating a leader and cabinet executive (Wales), the executive leader;

  (b)

  in the case of a local authority operating a mayor and cabinet executive, the elected mayor.

Textual Amendments

F1 Word in s. 56(3)(a) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 14(2)

Commencement Information

I1 S. 56 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(d)

57 Consequential provision W

(1) In section 100EA of the Local Government Act 1972 (inspection of records relating to functions exercisable by members)—

(a) in subsection (1)—

(i) for “Secretary of State” substitute “ appropriate authority ”;

(ii) after “2007” insert “ or under section 56 of the Local Government (Wales) Measure 2011 ”;

(b) after subsection (2) insert—

“(2A) In this section “appropriate authority” means—

(a) in relation to local authorities in England, the Secretary of State;

(b) in relation to local authorities in Wales, the Welsh Ministers.

(c) in subsection (3), after “Parliament” insert “ (in the case of regulations made by the Secretary of State) or a resolution of the National Assembly for Wales (in the case of regulations made by the Welsh Ministers) ”.”;

(2) In the Local Government Act 2000—

(a) in section 13 (functions which are the responsibility of an executive), in subsection (9)(b), after “in England)” insert “ or under section 56 of the Local Government (Wales) Measure 2011 ”;

(b) in section 21 (overview and scrutiny committees), in subsection (13)(aa), after “in England)” insert “ or under section 56 of the Local Government (Wales) Measure 2011 ”.

Commencement Information

I2 S. 57 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(d)