Local Government (Wales) Measure 2011 (nawm4)

PART 1 E+W STRENGTHENING LOCAL DEMOCRACY

CHAPTER 1 E+W PROMOTING AND SUPPORTING MEMBERSHIP OF LOCAL AUTHORITIES

Survey of councillors and unsuccessful candidates for election as councillors E+W

1 Duty to conduct a survey E+W

(1) A local authority must, in accordance with [F1 a direction] under this section, conduct a survey of—

(a) councillors in its area, and

(b) unsuccessful candidates for election to the office of councillor in its area.

(2) A local authority must conduct a survey [F2 , or arrange for the conduct of a survey, in relation to] each ordinary election to—

(a) the council of the county or county borough, and

(b) a community council in the local authority's area.

[F3 (3) The Welsh Ministers may give a direction to local authorities that—

(a) specifies the questions that must be asked in a survey;

(b) specifies requirements about—

(i) the form of the survey;

(ii) how the survey is to be conducted;

(iii) the collation of information from the survey.]

[F4 (3A) A survey in the case of an ordinary election may be conducted—

(a) entirely after the ordinary election, or

(b) by asking the candidates for election to the office of councillor to [F5 respond to the survey] before the ordinary election and collating the information provided afterwards.]

[F6 (3B) A local authority may include questions in a survey, or arrange for the inclusion of questions in a survey, in addition to the questions required by a direction of the Welsh Ministers under this section.]

(4) The questions that may be [F7 specified in a direction] under subsection (3) include (but are not limited to) questions about the individual to whom they are addressed which relate to—

(a) gender;

(b) sexual orientation;

(c) language;

(d) race;

(e) age;

(f) disability;

(g) religion or belief;

(h) health;

(i) education and qualifications;

(j) employment;

(k) work as a councillor.

(5) Nothing in this section places a duty on [F8 any individual] to provide any information.

F9 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) section—

• “belief” (“cred”) means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief;

• “councillor” (“cynghorydd”) includes community councillor;

• “disability” (“anabledd”) means a physical or mental impairment that has a substantial and long-term adverse effect on a person's ability to carry out normal day to day activities;

• “race” (“hil”) means colour, nationality or ethnic or national origins;

• “religion” (“crefydd”) means any religion and a reference to religion includes a reference to a lack of religion;

• “sexual orientation” (“cyfeiriadedd rhywiol”) means a person's sexual orientation towards—

  (a)

  persons of the same sex,

  (b)

  persons of the opposite sex, or

  (c)

  persons of either sex.

Textual Amendments

F1 Words in s. 1(1) substituted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 25(2)(a), 72(2)(b)

F2 Words in s. 1(2) substituted (25.1.2016) by Local Government (Wales) Act 2015 (anaw 6), ss. 42(2), 46(1)

F3 S. 1(3) substituted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 25(2)(b), 72(2)(b)

F4 S. 1(3A) inserted (25.1.2016) by Local Government (Wales) Act 2015 (anaw 6), ss. 42(3), 46(1)

F5 Words in s. 1(3A) substituted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 25(2)(c), 72(2)(b)

F6 S. 1(3B) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 25(2)(d), 72(2)(b)

F7 Words in s. 1(4) substituted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 25(2)(e), 72(2)(b)

F8 Words in s. 1(5) substituted (25.1.2016) by Local Government (Wales) Act 2015 (anaw 6), ss. 42(4), 46(1)

F9 S. 1(6) omitted (25.1.2016) by virtue of Local Government (Wales) Act 2015 (anaw 6), ss. 42(5), 46(1)

Commencement Information

I1 S. 1 in force at 31.8.2011 by S.I. 2011/2011, art. 2(a)