Search Legislation

Local Government (Wales) Measure 2011

Changes over time for: Local Government (Wales) Measure 2011 (Schedules only)

 Help about opening options

Changes to legislation:

Local Government (Wales) Measure 2011 is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to :

Prospective

(introduced by section 35)

SCHEDULE 1WCHANGE FROM ALTERNATIVE TO EXECUTIVE ARRANGEMENTS

PART 1 WGENERAL PROVISIONS

IntroductionW

1WThis Schedule applies to a local authority if it is required by section 35 to change from alternative arrangements to executive arrangements.

Proposals for moving to executive arrangementsW

2(1)The local authority must draw up, and approve by resolution, proposals to change from alternative to executive arrangements.W

(2)In drawing up the proposals, the local authority must consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority's functions are exercised, having regard to a combination of economy, efficiency and effectiveness.

(3)The local authority must send the Welsh Ministers—

(a)a copy of the proposals that it has approved, and

(b)(with the copy of the proposals) a statement which describes the reasons why the authority considers that its proposals would be likely, if implemented, to ensure that decisions of the authority are taken in an efficient, transparent and accountable way.

(4)The local authority must comply with sub-paragraphs (1) and (3) within the period of six months beginning with the day on which section 35 comes into force.

Contents of proposalsW

3WA local authority's proposals must include all of the following—

(a)a statement of the extent to which functions specified in regulations under section 13(3)(b) of the Local Government Act 2000 are to be the responsibility of the executive under the proposed executive arrangements,

(b)a timetable with respect to the implementation of the proposals, and

(c)details of any transitional arrangements which are necessary for the implementation of the proposals.

ReferendumsW

4(1)If the proposed form of executive is a mayor and cabinet executive, the proposals must provide for the change to executive arrangements to be subject to approval in a referendum.W

(2)If the proposed form of executive is a leader and cabinet executive (Wales), the proposals may not provide for the change to executive arrangements to be subject to approval in a referendum.

(3)Section 45 of the Local Government Act 2000 (provisions with respect to referendums) has effect as if subsection (9) included a reference to a referendum on a change from alternative arrangements to executive arrangements in accordance with section 35.

Timetable for implementation of change to leader and cabinet executive (Wales)W

5(1)This paragraph applies to a local authority's proposals if the proposed form of executive is a leader and cabinet executive (Wales).W

(2)The timetable with respect to the implementation of the proposals must be such as to ensure that the local authority makes the change to executive arrangements no later than the end of the period of six months beginning with the day on which the local authority sends the Welsh Ministers the copy of the proposals.

Timetable for implementation of change to mayor and cabinet executiveW

6(1)This paragraph applies to a local authority's proposals if the proposed form of executive is a mayor and cabinet executive (and accordingly is subject to approval in a referendum).W

(2)The timetable with respect to the implementation of the proposals must comply with sub-paragraphs (3) and (4).

(3)The timetable must be such as to secure that the local authority will hold the referendum within the period that—

(a)begins two months after, and

(b)ends six months after,

the day on which the local authority sends the Welsh Ministers the copy of the proposals.

(4)The timetable must be such as to secure that, if the result of the referendum is to approve the change to executive arrangements, the local authority will make that change within the period of six months beginning with the day on which the referendum is held.

Publicity for proposalsW

7(1)This paragraph applies to a local authority which has approved proposals by a resolution.W

(2)The local authority must secure that copies of a document setting out the provisions of the proposed executive arrangements are available at its principal office for inspection by members of the public at all reasonable times.

(3)The local authority must publish a notice which—

(a)states that the local authority has resolved to operate the proposed executive arrangements,

(b)if the proposed form of executive is a mayor and cabinet executive, states—

(i)that it is subject to approval in a referendum, and

(ii)the date of the referendum,

(c)states the date on which the local authority intends to begin operating those arrangements,

(d)describes the main features of those arrangements,

(e)states that copies of a document setting out the provisions of those arrangements are available at the local authority's principal office for inspection by members of the public at such times as may be specified in the notice, and

(f)specifies the address of the local authority's principal office.

(4)The local authority must comply with sub-paragraphs (2) and (3) as soon as practicable after its passes the resolution approving the proposals.

Implementing proposalsW

8(1)A local authority must implement its proposals in accordance with the timetable included in the proposals.W

(2)But if the proposed form of executive—

(a)is a mayor and cabinet executive, and

(b)is not approved in the referendum on the change to that form of executive,

the local authority must not implement the change.

PART 2 WOTHER PROVISIONS APPLICABLE WHERE REFERENDUM REQUIRED

Outline fall-back proposals in case referendum rejects changeW

9(1)This paragraph applies to a local authority if the proposed form of executive is a mayor and cabinet executive (and accordingly is subject to approval in a referendum).W

(2)The local authority must draw up, and approve by resolution, an outline of the fall-back proposals (“outline fall-back proposals”) that it intends to implement if the proposals to change to a mayor and cabinet executive are rejected in the referendum.

(3)Fall-back proposals are proposals for making a change to executive arrangements that provide for a leader and cabinet executive (Wales).

(4)Paragraph 2(2) applies to the outline fall-back proposals as it applies to proposals under that paragraph.

(5)The outline fall-back proposals must include a timetable with respect to the implementation (in accordance with paragraph 11) of detailed fall-back proposals in the event that the change to the mayor and cabinet executive is not approved in the referendum.

(6)The local authority must comply with sub-paragraph (2) at the time it complies with paragraph 2(1).

(7)The local authority must send the Welsh Ministers a copy of the outline fall-back proposals that it has approved.

(8)The local authority must comply with sub-paragraph (7) at the time it complies with paragraph 2(3).

Action if referendum rejects changeW

10(1)This paragraph applies to a local authority if—W

(a)the proposed form of executive is a mayor and cabinet executive, and

(b)is not approved in the referendum on the change to that form of executive.

(2)The local authority must publish a notice which—

(a)summarises the local authority's proposals which were the subject of the referendum,

(b)states that a referendum on the local authority's proposals rejected those proposals,

(c)sets out the local authority's outline fall-back proposals, and

(d)states that, under the outline fall-back proposals, the local authority intends to operate a leader and cabinet executive (Wales).

(3)The local authority must comply with sub-paragraph (2) as soon as practicable after the referendum.

(4)The local authority must draw up, and approve by resolution, detailed fall-back proposals which are based on the outline fall-back proposals.

(5)Paragraphs 2(2), 3 and 7(2) and (3) apply to the detailed fall-back proposals as they apply to proposals under paragraph 2.

(6)The local authority must send a copy of the detailed fall-back proposals to the Welsh Ministers.

(7)The local authority must comply with sub-paragraph (6) within the period of two months beginning with day of the referendum.

Timetable for implementation of detailed fall-back proposalsW

11WThe timetable with respect to the implementation of the detailed fall-back proposals must be such as to secure that the local authority makes the change to the leader and cabinet executive (Wales) no later than the end of the period of six months beginning with the day on which the local authority sends the Welsh Ministers the copy of the proposals.

Implementing detailed fall-back proposalsW

12WThe local authority must implement its detailed fall-back proposals in accordance with the timetable included in the proposals.

PART 3 WMISCELLANEOUS

Failure to cease operating alternative arrangementsW

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.W

(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 resolutionW

14WExecutive 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.

InterpretationW

15WIn 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.

(introduced by section 141(2))

SCHEDULE 2WTHE PANEL

MembershipW

1(1)The Panel consists of [F1not fewer than 3, and not more than 7,] members appointed by the Welsh Ministers.W

(2)The Welsh Ministers must appoint one of the members as Chairperson.

(3)The members of the Panel must elect one of their number as Vice-chairperson.

(4)The following are disqualified from being a member of the Panel—

(a)a member of the National Assembly for Wales;

(b)a member of the House of Commons;

(c)a member of the House of Lords;

F2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)a member of a local authority or a community council;

(f)a person who is disqualified from being a member of a local authority or community council.

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in Sch. 2 para. 1(1) substituted (25.1.2016) by Local Government (Wales) Act 2015 (anaw 6), ss. 41(2), 46(1)

F2Sch. 2 para. 1(4)(d) omitted (31.1.2020) by virtue of The Elections (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/115), regs. 1, 2; S.I. 2020/93, reg. 2

F3Sch. 2 para. 1(5) omitted (25.1.2016) by virtue of Local Government (Wales) Act 2015 (anaw 6), ss. 41(3), 46(1)

Commencement Information

I1Sch. 2 para. 1 in force at 31.8.2011 by S.I. 2011/2011, art. 2(t)

TenureW

2(1)Members of the Panel hold and must vacate office in accordance with the terms of their appointment, those terms being such as the Welsh Ministers decide.W

(2)A person may not be appointed as a member of the Panel for a period exceeding four years.

(3)But a person who ceases to be a member of the Panel is eligible for re-appointment.

(4)A person appointed to fill a casual vacancy in the membership of the Panel serves as a member until the date on which the period of membership of the person whose place has been filled would have expired.

(5)A member of the Panel holding office as Chairperson or Vice-chairperson does so until the period of that person's membership expires.

Commencement Information

I2Sch. 2 para. 2 in force at 31.8.2011 by S.I. 2011/2011, art. 2(t)

MeetingsW

3(1)The Panel must meet at least once every calendar year.W

(2)The quorum of the Panel is three and must include the Chairperson or the Vice-chairperson.

(3)The Chairperson (or, in the absence of the Chairperson, the Vice-chairperson) presides at meetings of the Panel.

(4)The members of the Panel may (subject to provision made by or by virtue of Part 8) regulate the Panel's procedures.

(5)A question for decision by the Panel must be decided at a meeting of members of the Panel by a majority of the votes cast by those members present at the meeting.

(6)If there is an equality of votes on a question for decision, the person presiding at the meeting has a second or casting vote.

Commencement Information

I3Sch. 2 para. 3 in force at 31.8.2011 by S.I. 2011/2011, art. 2(t)

InformationW

4WThe Panel may, in connection with the performance of its functions, seek information or advice.

Commencement Information

I4Sch. 2 para. 4 in force at 31.8.2011 by S.I. 2011/2011, art. 2(t)

Expenses, administrative support etc.W

5(1)The Welsh Ministers must pay expenses incurred by the Panel (either collectively or by members individually) in carrying out functions of the Panel (or of members of the Panel in their capacity as such).W

(2)The Welsh Ministers may pay allowances to members of the Panel.

(3)The Welsh Ministers must make administrative support available to the Panel.

Commencement Information

I5Sch. 2 para. 5 in force at 31.8.2011 by S.I. 2011/2011, art. 2(t)

(introduced by section 160)

SCHEDULE 3WPAYMENTS AND PENSIONS: MINOR AND CONSEQUENTIAL AMENDMENTS

Local Government Act 1972W

1(1)The Local Government Act 1972 is amended as follows.W

(2)In section 94(5) (local authority allowances not to count as pecuniary interest for purposes of prohibiting voting where member has pecuniary interest), after “1989” insert “ or under any provision of Part 8 of the Local Government (Wales) Measure 2011 ”.

(3)Sections 173 to 178 (allowances for members) cease to have effect.

(4)In section 246(16) (application of provisions about local authority allowances to charter trustees), after “above” insert “ and (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011 ”.

(5)In section 249(4)(b) (allowance not payable for attendance by honorary aldermen at civic ceremonies), at the end insert “ or Part 8 of the Local Government (Wales) Measure 2011 ”.

Commencement Information

I6Sch. 3 para. 1 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(q)

Local Government and Housing Act 1989W

2(1)Section 18 of the Local Government and Housing Act 1989 (schemes for allowances for local authority members) is amended as follows.W

(2)Omit subsections (1) to (3), (3B), (3D), (3E) and (3G) to (6).

(3)For subsection (3A) (power of Welsh Ministers to make regulations enabling local authorities to determine entitlement to gratuities), substitute—

(3A)Regulations may be made by the Welsh Ministers to make provision for or in connection with—

(a)enabling county councils or county borough councils to determine which members of the council are to be entitled to gratuities,

(b)treating such payments relating to relevant matters (within the meaning of Part 8 of the Local Government (Wales) Measure 2011) as may be specified in the regulations as amounts in respect of which such gratuities are payable..

Commencement Information

I7Sch. 3 para. 2 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(q)

Environment Act 1995W

3WIn paragraph 11 of Schedule 7 to the Environment Act 1995 (application of provisions about local authority allowances to National Park authorities), omit sub-paragraphs (1) and (2).

Commencement Information

I8Sch. 3 para. 3 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(q)

School Standards and Framework Act 1998W

4(1)The School Standards and Framework Act 1998 is amended as follows.W

(2)In section 94(5C) (power to apply provisions about local authority allowances to admission appeal panels), after “1972” insert “ or (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011 ”.

(3)In section 95(3B) (power to apply provisions about local authority allowances to admission appeal panels in case of pupils excluded from two or more schools), after “1972” insert “ or (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011 ”.

Commencement Information

I9Sch. 3 para. 4 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(q)

Local Government Act 2000W

5(1)The Local Government Act 2000 is amended as follows.W

(2)In section 99(1) (power to make provision about allowances etc. in regulations about local government pensions), at the end insert “; and for the purposes of the application of this subsection to Wales, the reference to pensions and allowances is to be ignored.”

(3)Section 100 (power of Welsh Ministers to make provision about local authority allowances) ceases to have effect.

Commencement Information

I10Sch. 3 para. 5 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(q)

Education Act 2002W

6WIn section 52(6) of the Education Act 2002 (power to apply provisions about local authority allowances to panels dealing with exclusion of pupils), after “1972 (c. 70)” insert “ or (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011 ”.

Commencement Information

I11Sch. 3 para. 6 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(q)

Education and Skills Act 2008W

7WIn section 48(4) of the Education and Skills Act 2008 (power to apply provisions about local authority allowances to attendance panels), after “1972 (c. 70)” insert “ or (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011 ”.

Commencement Information

I12Sch. 3 para. 7 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(q)

(introduced by section 176(2))

SCHEDULE 4WREPEALS AND REVOCATIONS

PART A: WSTRENGTHENING LOCAL DEMOCRACY (PART 1 OF THE MEASURE)

Commencement Information

I13Sch. 4 Pt. A in force at 30.4.2012 by S.I. 2012/1187, art. 2(2)(m)

ReferenceExtent of repeal
Local Government and Housing Act 1989In section 2(1)(f), the word “and”.

PART B: WAVAILABLE GOVERNANCE ARRANGEMENTS (PART 3 OF THE MEASURE)

ReferenceExtent of repeal or revocation
Local Government Act 1972

In section 21(1A), the words “or a mayor and council manager executive”.

In section 22(4A), the words “or a mayor and council manager executive”.

In section 25A(3), the words “or a mayor and council manager executive”.

In section 70(3), the words “or alternative arrangements”.

In section 270(1)—

(a)

the definition of “alternative arrangements;

(b)

in the definition “ “mayor and cabinet executive” and “mayor and council manager executive””, the words “and “mayor and council manager executive””.

In section 245(1A) and (4A), the words “or a mayor and council manager executive”.

Local Government and Housing Act 1989

In section 5(3)(b), the words from “and, in a case where” to the end of paragraph (b).

In section 5A(5)(b), the words from “and, where” to the end of paragraph (b).

In section 13—

(a)

subsection (5A);

(b)

in subsection (9), the words “and “mayor and council manager executive””.

In section 21(3), the words “ “council manager”” and “and “mayor and council manager executive””.

Local Government Finance Act 1992

In section 106—

(a)

in subsection (1), the words “or a council manager within the meaning of section 11(4)(b) of the Local Government Act 2000”;

(b)

in subsection (2), the words “or a council manager”.

Local Government Act 2000

In section 11—

(a)

subsection (4), and

(b)

in subsection (10), the words “or an officer” and “or (4)(b)”.

Section 16.

Section 26(2)(b).

Section 29.

Section 33.

In section 48(1), the definition of “council manager”.

In Schedule 1, paragraph 3.

Local Authorities (Proposals for Alternative Arrangements) (Wales) Regulations 2001 (S.I. 2001/2293)The whole Regulations.
Local Authorities (Changing Executive Arrangements and Alternative Arrangements) (Wales) Regulations 2004 (S.I. 2004/3158)The whole Regulations
Local Authorities (Alternative Arrangements) (Wales) Regulations 2007 (S.I. 2007/397)The whole Regulations.
Local Government (Wales) Measure 2011Section 87(3).

PART C: WCHANGES TO EXECUTIVE ARRANGEMENTS (PART 4 OF THE MEASURE)

ReferenceExtent of repeal
Local Government Act 2000Section 30.

PART D: WOVERVIEW AND SCRUTINY (PART 6 OF THE MEASURE)

Commencement Information

I14Sch. 4 Pt. D in force at 30.4.2012 by S.I. 2012/1187, art. 2(2)(m)

ReferenceExtent of repeal
Local Government Act 2000

In section 21(13)(aa), the final “and”.

In section 21A(1)(c), the words “in the case of a local authority in England”.

In section 21A(6)(a), the words “in England”.

In section 21B(1), the words “in England”.

In section 22, the words “in England”

PART E: WCOMMUNITIES AND COMMUNITY COUNCILS (PART 7 OF THE MEASURE)

ReferenceExtent of repeal
Local Government Act 1972Sections 28 to 29B.

PART F: WMEMBERS: PAYMENTS AND PENSIONS (PART 8 OF THE MEASURE)

Commencement Information

I15Sch. 4 Pt. F in force at 30.4.2012 by S.I. 2012/1187, art. 2(2)(m) (with art. 3)

ReferenceExtent of repeal or revocation
Local Government Act 1972Sections 173 to 178.
Local Government and Housing Act 1989Section 18(1) to (3), (3B), (3D), (3E) and (3G) to (6).
Environment Act 1995In Schedule 7, paragraph 11(1) and (2).
Local Government Act 2000Section 100.
Local Authorities (Allowances for Members of County and County Borough Councils and National Park Authorities) (Wales) Regulations 2002 (S.I. 2002/1895)The whole Regulations.
Local Authorities (Allowances for Members of Community Councils) (Wales) Regulations 2003 (S.I. 2003/895)The whole Regulations.
Local Authorities (Allowances for Members of Fire Authorities) (Wales) Regulations 2004 (S.I. 2004/2555)The whole Regulations.
Local Authorities (Allowances for Members) (Wales) Regulations 2007 (S.I. 2007/1086)The whole Regulations.

Back to top

Options/Help

Print Options

You have chosen to open the Whole Measure

The Whole Measure you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Measure without Schedules

The Whole Measure without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Assembly Government department responsible for the subject matter of the Measure to explain what the Measure sets out to achieve and to make the Measure accessible to readers who are not legally qualified. Explanatory Notes accompany all Measures of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources