PART 9

COLLABORATION AND AMALGAMATION
CHAPTER 2

AMALGAMATION

Power to make amalgamation order
162
1
The Welsh Ministers may, if they are satisfied that it is necessary to achieve effective local government, make an order (“an amalgamation order”) for the constitution of a new local government area by amalgamating two or three local government areas.
2
Before making an amalgamation order, the Welsh Ministers must be satisfied that effective local government is not likely to be achieved in a local government area to be amalgamated by the order by—
a
the exercise by any of the local authorities concerned of their powers under section 9 (Powers to collaborate etc) of the Local Government (Wales) Measure 2009, or
b
the exercise by the Welsh Ministers of their powers under—
i
section 28 (Welsh Ministers: support for Welsh improvement authorities),
ii
section 29 (Welsh Ministers: powers of direction etc),
iii
section 30 (Powers of direction: collaboration arrangements), or
iv
section 31 (Powers of Welsh Ministers to modify enactments and confer new powers)
of that Measure.
3
An amalgamation order must provide for—
a
whether the new local government area is to be a county or a county borough,
b
the English name and Welsh name of the new local government area,
c
the establishment of a local authority for the new local government area,
d
whether the new local authority is to be a county council or county borough council,
e
the English name and Welsh name of the new local authority,
f
the abolition of the existing local government areas,
g
the boundary of the new local government area, and
h
the winding up and dissolution of the local authorities for the existing local government areas.
4
Where the new local government area is to be a county, the amalgamation order must provide for the new local authority to have the name of the county with the addition—
a
in the case of their English name, of the words “County Council” or the word “Council” (as in “Pembrokeshire County Council” or “Pembrokeshire Council”); and
b
in the case of their Welsh name, of the word “Cyngor” (as in “Cyngor Sir Penfro”).
5
Where the new local government area is to be a county borough, the amalgamation order must provide for the new local authority to have the name of the county borough with the addition—
a
in the case of their English name, of the words “County Borough Council” or the word “Council” (as in “Caerphilly County Borough Council” or “Caerphilly Council”); and
b
in the case of their Welsh name, of the words “Cyngor Bwrdeistref Sirol” or the word “Cyngor” (as in “Cyngor Bwrdeistref Sirol Caerffili” or “Cyngor Caerffili”).