Local Government (Wales) Measure 2011

PART 3 MISCELLANEOUS

Failure to cease operating alternative arrangements

13 (1) This paragraph applies if it appears to the Welsh Ministers that a local authority will fail to cease operating alternative arrangements and start operating executive arrangements in accordance with section 35.

(2) The Welsh Ministers may, by order, provide for the local authority to—

(a) cease to operate alternative arrangements, and

(b) start to operate executive arrangements of a form specified by the Welsh Ministers (“default executive arrangements”).

(3) Default executive arrangements are to be treated as having been made by the local authority itself.

(4) Paragraphs 7(2) and (3)(c) to (e) apply to default executive arrangements as they apply to executive arrangements in proposals under paragraph 2.

(5) The local authority must comply with those provisions of paragraph 7 (as they apply by virtue of sub-paragraph (4)) as soon as practicable after the order providing for the default executive arrangements is made by the Welsh Ministers.

Arrangements to be treated as operated after passing of resolution

14 Executive arrangements which come into operation in accordance with section 35 and this Schedule are to be treated as being operated after the passing of a resolution of the local authority under section 38.

Interpretation

15 In this Schedule—

• “change to executive arrangements” (“newid i drefniadau gweithrediaeth”) means the change to executive arrangements proposed in proposals or in fall-back proposals;

• “detailed fall-back proposals” (“cynigion manwl wrth gefn”) means proposals under paragraph 10(4);

• “fall-back proposals” (“cynigion wrth gefn”) has the meaning given in paragraph 9(3);

• “outline fall-back proposals” (“cynigion amlinellol wrth gefn”) means proposals under paragraph 9(2);

• “proposals” (“cynigion”) (except in relation to fall-back proposals) means proposals under paragraph 2;

• “proposed form of executive” (“ffurf arfaethedig ar weithrediaeth”) means the form of executive which a local authority is, in proposals under paragraph 2, or in fall-back proposals, proposing to begin operating.