Local Government (Wales) Measure 2011

97Action to be taken following community council’s consideration of results of certain community polls

This section has no associated Explanatory Notes

After paragraph 29 of Schedule 12 to the Local Government Act 1972 insert the following—

29A(1)pplies where—

(a)a meeting of a community council has considered the question of what action (if any) the council is to take in response to a poll consequent on a community meeting,

(b)that question was included within the business to be transacted at the meeting in order to comply with paragraph 26A(2) above, and

(c)the poll was taken following a demand being made at a community meeting which was convened under paragraph 30A below.

(2)The council must take all reasonable steps to give notice to each of the individuals who convened the community meeting referred to in sub-paragraph (1) above of what action (if any) the council intends to take in response to the poll, or that part of the poll which was considered at the meeting.

(3)Notice under sub-paragraph (2) above must be given—

(a)subject to sub-paragraph (4) below, in writing by sending it to the address given in respect of an individual in the relevant convening notice, and

(b)as soon as is reasonably practicable after the meeting of the community council was held.

(4)Where an individual falling within sub-paragraph (2) above is an anonymous registrant in the register of local government electors, sub-paragraph (3)(a) above does not apply and the notice must instead be given in writing to the principal council within whose area the community in question lies.

(5)The notice under sub-paragraph (4) above must include the entry in respect of the individual which was included in the relevant convening notice.

(6)Where a principal council is given notice under sub-paragraph (4)—

(a)the council must, as soon as reasonably practicable, send the notice to the individual concerned, and

(b)for that purpose and for the purposes of paragraph 30D below, section 9B(8) of the Representation of the People Act 1983 (communications with anonymous registrants) shall have effect as if the council were an officer referred to in that section.

(7)The relevant registration officer must supply the principal council with any information that it is necessary for the council to have in order to comply with the duty under sub-paragraph (6) above.

(8)In this paragraph—

  • “anonymous registrant in the register of local government electors” means an individual in respect of whom the relevant convening notice included an entry referred to in paragraph 30B(6)(a) below;

  • “relevant convening notice” means the notice given to the council under paragraph 30B below which preceded the holding of the community meeting at which the poll in question was demanded;

  • “relevant registration officer” means the registration officer under section 8 of the Representation of the People Act 1983 in relation to the register of electors for the local government area (within the meaning of that Act) in which the community in question lies..