(This note is not part of the Regulations)
Section 30 of the Local Government and Elections (Wales) Act 2021 (“the 2021 Act”) sets out the eligibility conditions that a community council must meet before it may resolve to become an eligible community council.
Becoming an eligible community council enables a community council to exercise the general power of competence for the purpose of Chapter 1 of Part 2 of the 2021 Act.
The second eligibility condition is set out in section 30(3) of the 2021 Act and requires that the clerk to a community council holds such qualification or description of qualification as may be specified by the Welsh Ministers by regulations.
These Regulations specify the qualifications that the clerk must hold in order for the community council to meet the second eligibility condition. The clerk must hold at least one of the four qualifications set out in regulation 2.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.