PART 2Amendments to primary legislation

Public Audit (Wales) Act 20042.

(1)

The Public Audit (Wales) Act 20045 is amended as follows.

(2)

In section 246 (consideration of reports in public interest)—

(a)

in subsection (5)(b)—

(i)

in the words before sub-paragraph (i), for “section 100B(2)”7 substitute “section 100BA(2)”8;

(ii)

in sub-paragraph (i), for “open to inspection under section 100B1”9 substitute “published under section 100BA(1)”;

(iii)

in sub-paragraph (ii) for “section 100B(7)” substitute “section 100BA(9)”;

(b)

in subsection (7), for “section 100C(1)(d)”10 substitute “section 100C(1B)(d)”11.

(3)

In section 2612 (publicity for meetings under section 25)—

(a)

in subsection (3)—

(i)

in paragraph (a) insert at the end “(but where the meeting is to be held by a body mentioned in subsection (3A) through remote means only, there is no need for the notice to state the place of the meeting)”;

(ii)

after paragraph (a) insert—

“(aa)

in the case of a meeting held through remote means by a body mentioned in subsection (3A), also gives details of how to access the meeting;”;

(b)

after subsection (3) insert—

“(3A)

The bodies referred to in subsection (3)(a) and (aa) are—

(a)

a local authority in Wales;

(b)

a committee of a local authority in Wales (including a joint committee of two or more local authorities in Wales);

(c)

a National Park authority for a National Park in Wales;

(d)

a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21)13 or a scheme to which section 4 of that Act applies.

(3B)

In subsection (3)(a) and (aa) the references to a meeting of a body held through remote means are to a meeting held by means of equipment or other facility which enables persons who are not in the same place to speak to and be heard by each other (whether or not the equipment or facility enables those persons to see and be seen by each other).”

(c)

in subsection (6)—

(i)

after “availability for inspection” insert “and publication”;

(ii)

after “are” insert “published electronically or”.

The Local Democracy, Economic Development and Construction Act 20093.

In the Local Democracy, Economic Development and Construction Act 200914, in section 49 (consideration of report by local authority)—

(a)

in subsection (8)(b)—

(i)

in the words before sub-paragraph (i) for “section 100B(2)” substitute “section 100BA(2)”;

(ii)

in sub-paragraph (i) for “open to inspection under section 100B(1)” substitute “published under section 100BA(1)”;

(iii)

in sub-paragraph (ii) for “section 100B(7)” substitute “section 100BA(9)”;

(b)

in subsection (9), for “section 100C(1)(d)” substitute “section 100C(1B)(d)”.

The Local Government (Democracy) (Wales) Act 20134.

In the Local Government (Democracy) (Wales) Act 201315, omit section 56 (requirement to give public notices electronically)16.

The Local Government and Elections (Wales) Act 20215.

(1)

Section 49 (notices etc. of local authority meetings) of the Local Government and Elections (Wales) Act 2021 is amended as follows.

(2)

The existing text becomes subsection (1).

(3)

After that subsection insert—

“(2)

Any notice or other document relating to a local authority meeting which is required under any enactment to be published electronically is, for the purposes of paragraph 5 of Schedule 1 to the Defamation Act 1996 (c. 31), to be treated as a document required by law to be open to public inspection.

(3)

In subsection (2) “local authority meeting” has the same meaning as in section 50(5).”