Local Government (Democracy) (Wales) Act 2013

Legislation Crest

E+W

Local Government (Democracy) (Wales) Act 2013

2013 anaw 4

An Act of the National Assembly for Wales to make provision about the constitution and functions of the Local Democracy and Boundary Commission for Wales; to make various provisions relating to local government; and for connected purposes.

[30 July 2013]

Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:-

PART 1 E+WINTRODUCTION

1OverviewE+W

(1)This Part provides an overview of the provisions of this Act.

(2)Part 2 renames the Local Government Boundary Commission for Wales as the Local Democracy and Boundary Commission for Wales and reforms its constitution and functions.

(3)Part 3 makes provision about—

(a)the duties of the Commission to monitor the arrangements for local government and to conduct reviews where appropriate, and the duties of principal councils to monitor the arrangements for the communities in their area and to conduct reviews where appropriate (see sections 21 and 22),

(b)the types of reviews that can be conducted, the considerations to be taken into account by the reviewing body and the changes that can be recommended in relation to each type of review (see sections 23 to 33),

(c)the procedure for conducting reviews (see sections 34 to 36),

(d)the implementation of recommendations following a review and associated matters (such as the transfer of staff or property between principal councils and other public bodies) (see sections 37 to 44).

(4)Part 4 makes provision about the review of the membership of certain public bodies.

(5)Part 5 makes provision—

(a)about the appointment of a presiding member for a principal council;

(b)restating and extending the powers of local authorities in relation to promoting and opposing private Bills;

(c)requiring community council information to be made available electronically;

(d)about the electronic publication of certain public bodies' (including local authorities) registers of members' interests;

(e)relating to remote attendance at meetings of principal councils;

(f)relating to the role of democratic services committees;

(g)applying political balance requirements to the audit committees of principal councils;

(h)relating to the functions of the Independent Remuneration Panel for Wales and how it prepares reports;

(i)about the establishment of joint standards committees;

(j)enabling the standards committee or monitoring officer of a relevant authority to refer cases relating to conduct to the standards committee or monitoring officer of another relevant authority.

(6)Part 6 makes general provision about this Act.

PART 2 E+WLOCAL DEMOCRACY AND BOUNDARY COMMISSION FOR WALES

Continuation and nameE+W

2Local Democracy and Boundary Commission for WalesE+W

StatusE+W

3StatusE+W

MembersE+W

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5TenureE+W

ProceedingsE+W

6ProceedingsE+W

7Seal and validity of documentsE+W

Staff, experts and assistant commissionersE+W

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9Other staffE+W

10ExpertsE+W

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General powers and directionsE+W

12PowersE+W

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14DirectionsE+W

Financial mattersE+W

15FundingE+W

16Accounting officerE+W

17Audit committeeE+W

18Audit committee: membershipE+W

19Accounts and external auditE+W

20Annual reportsE+W

PART 3 E+WARRANGEMENTS FOR LOCAL GOVERNMENT

CHAPTER 1E+WDUTIES TO MONITOR LOCAL GOVERNMENT ARRANGEMENTS

Duty of the CommissionE+W

21Duty of the Commission to monitor arrangements for local governmentE+W

Duties of a principal councilE+W

22Duties of principal councils in relation to areaE+W

CHAPTER 2E+WAREA REVIEWS

Principal areasE+W

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24Review of principal areas following new town orderE+W

CommunitiesE+W

25Review of community boundaries by principal councilE+W
26Review of community boundaries by the CommissionE+W

Preserved countiesE+W

27Review of preserved countiesE+W

Seaward boundariesE+W

28Review of seaward boundariesE+W

CHAPTER 3E+WELECTORAL ARRANGEMENTS REVIEWS

Principal areasE+W

29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30Considerations for a review of principal area electoral arrangementsE+W

CommunitiesE+W

31Review of electoral arrangements for community by principal councilE+W
32Review of electoral arrangements for community by the CommissionE+W
33Considerations for a review of community electoral arrangementsE+W

CHAPTER 4E+WPROCEDURE FOR LOCAL GOVERNMENT REVIEWS

Procedure for reviewsE+W

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35Consultation and investigationE+W
36Reporting on reviewE+W

CHAPTER 5E+WIMPLEMENTATION FOLLOWING REVIEW

Implementation by the Welsh MinistersE+W

37Implementation by the Welsh MinistersE+W

Non-ministerial implementationE+W

38Implementation of community boundary changeE+W
39Implementation of community electoral arrangements changeE+W

Further provision about implementation and implementation ordersE+W

40Implementation orders: consequential provisionE+W
41General consequential and transitional provisionE+W
42Transfers of staffE+W
43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agreements between public bodies to deal with changeE+W

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 6E+WOTHER PROVISION RELEVANT TO LOCAL AUTHORITY BOUNDARIES

45Police area changeE+W

46Extent of seaward boundariesE+W

47Boundary change following alteration of water-courseE+W

CHAPTER 7E+WMISCELLANEOUS PROVISION

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49Local inquiriesE+W

PART 4 E+WREVIEWS OF PUBLIC BODY MEMBERSHIP

50Reviews of qualifying public bodiesE+W

(1)The Welsh Ministers may direct the Commission to conduct a review of the membership of one or more specified qualifying public bodies.

(2)Where the Commission has conducted a review under this section it must report to the Welsh Ministers on whether it recommends that changes should be made to the public body's membership.

(3)A direction under this section may, in particular, require the Commission to—

(a)consider the number of members of the body (or bodies),

(b)consider any categories of membership (including lay membership) and the number of members in each category,

(c)consider the attributes, experiences, skills or qualifications which members should possess,

(d)consider such other matters relevant to the membership as may be specified,

(e)follow such process as may be specified when conducting a review,

(f)prepare its report in such form and manner as may be specified,

(g)have regard to such factors or matters as may be specified.

(4)Before giving a direction under this section the Welsh Ministers must consult such persons as they consider appropriate.

(5)For the purposes of this section a body is a “qualifying public body” if—

(a)it is not a local authority,

(b)its membership is required under any enactment to include—

(i)a member of a local authority, or

(ii)a person appointed by a local authority, and

(c)it exercises functions that—

(i)have been conferred by an Act or Measure of the National Assembly for Wales, or

(ii)could be conferred by an Act of the National Assembly for Wales.

(6)This section does not limit the general power of direction under section 14.

PART 5 E+WOTHER CHANGES TO LOCAL GOVERNMENT

Presiding membersE+W

51Presiding member of principal councilE+W

Private BillsE+W

52Promoting private BillsE+W

53Opposing private BillsE+W

54Restriction on payments in relation to promoting or opposing BillsE+W

Access to informationE+W

55Community council websitesE+W

56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57Meetings and proceedings of communitiesE+W

58Registers of members' interestsE+W

Remote attendance at meetingsE+W

59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Democratic services committeesE+W

60Democratic services committeesE+W

Audit committeesE+W

61Audit committeesE+W

Independent Remuneration Panel for WalesE+W

62Functions relating to payments to membersE+W

63Functions relating to salaries of heads of paid serviceE+W

64Relevant authoritiesE+W

65Subsequent annual reportsE+W

66Consultation on draft reportsE+W

67Publicity requirements in reportsE+W

Joint standards committeesE+W

68Joint standards committeesE+W

69Referral of cases relating to conductE+W

PART 6 E+WMISCELLANEOUS AND GENERAL PROVISION

70Ancillary provisionE+W

(1)The Welsh Ministers may by order make such incidental, consequential, supplemental, transitional, transitory or savings provision as they consider appropriate for the purposes of, or in connection with, giving full effect to, any provision made by or under this Act.

(2)An order under this section may modify this or any other enactment.

71Orders and regulationsE+W

(1)Any power of the Welsh Ministers to make an order or regulations under this Act (other than an order under section 47) is exercisable by statutory instrument and includes power to—

(a)make incidental, consequential, supplemental, transitional, transitory or savings provision as the Welsh Ministers consider necessary or expedient for the purposes of, or in connection with, this Act,

(b)modify any enactment (including this Act), and

(c)make different provision for different purposes and areas.

(2)A statutory instrument which contains—

(a)an order under section 34(3)(e) or 70(1),

(b)an order under section 37(1) which includes provision altering the area of a principal council or a preserved county or which abolishes a principal area, or

(c)regulations under section 41(1),

is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(3)Despite subsection (2), any statutory instrument containing an order or regulations made under this Act which includes provision adding to, replacing or omitting any part of the text of an Act of Parliament or a Measure or Act of the National Assembly for Wales is not to be made until a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.

(4)This section does not apply to an order made under section 45 or 75.

72InterpretationE+W

(1)In this Act, unless the context otherwise requires—

  • 1972 Act” means the Local Government Act 1972 (c. 70),

  • 2011 Measure” means the Local Government (Wales) Measure 2011 (nawm 4),

  • “community meeting” is a meeting of the local government electors for a community convened under section 27(1) of the 1972 Act,

  • enactment” includes an enactment comprised in subordinate legislation,

  • local authority” means a principal council or a community council,

  • local government area” means a principal area or a community,

  • modify”, in relation to an enactment, includes amend or repeal,

  • principal area” means a county or a county borough in Wales,

  • principal council” means a county council or a county borough council in Wales.

(2)Schedule 3 (index of defined expressions) has effect.

73Minor and consequential amendments and repealsE+W

(1)Schedule 1 (which makes minor and consequential amendments) has effect.

(2)Schedule 2 (which contains repeals of legislation) has effect.

74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75CommencementE+W

(1)The following provisions come into force on the day on which this Act receives Royal Assent—

(a)section 1;

(b)section 70;

(c)section 71;

(d)section 72 (and Schedule 3);

(e)this section;

(f)section 76.

(2)The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act receives Royal Assent—

(a)Part 2;

(b)Part 3;

(c)Part 4;

(d)Sections 51 to 54, 59 to 62, 64 to 67, 73 (and Schedules 1 and 2) and section 74.

(3)The remaining provisions of this Act come into force on a day appointed by order made by statutory instrument made by the Welsh Ministers.

(4)An order under this section—

(a)may appoint different days for different purposes, and

(b)may include such transitional, transitory or savings provision as the Welsh Ministers consider necessary or expedient.

76Short titleE+W

The short title of this Act is the Local Government (Democracy) (Wales) Act 2013.

(as introduced by section 73(1))

SCHEDULE 1E+WMinor and consequential amendments

Local Government Act 1972 (c. 70)E+W

1(1)The 1972 Act is amended as follows.E+W

(2)In section 25(2) (term of office and retirement of councillors), after “Part IV of this Act” insert “ or Part 3 of the Local Government (Democracy) (Wales) Act 2013 (anaw 4) ”.

(3)In section 30 (restriction on community applications during and after reviews)—

(a)in subsection (1), after paragraph (b) insert—

(ba)during the period of two years beginning with the coming into force of an order relating to the community under Part 3 of the Local Government (Democracy) (Wales) Act 2013 consequent on recommendations made under that Part by the Local Democracy and Boundary Commission for Wales,

(b)in subsection (3)—

(i)for “Welsh Commission” substitute “ Local Democracy and Boundary Commission for Wales ”,

(ii)after “Act” insert “ or Part 3 of the Local Government (Democracy) (Wales) Act 2013 ”.

(4)In section 31(2) (supplementary provision about community council orders), for the words from “68” to the end substitute “ 44 of the Local Government (Democracy) (Wales) Act 2013 is to apply as if the order were made under Part 3 of that Act. ”.

(5)In section 70 (restriction on promotion of Bills for changing local government areas, etc.) —

(a)in subsection (1), after “local authority” insert “ in England ”,

(b)in subsection (3), after “local authority” insert “ in England ”.

(6)In section 73(1) (alteration of local boundaries consequent on alteration of water-course), after “local government” insert “ in England ”.

(7)In section 74 (change of name of county, district or London borough)—

(a)in subsection (3)(a), for “the Secretary of State” substitute “ the relevant Minister ”,

(b)in subsection (3)(b), for “the Secretary of State” substitute “ the relevant Minister ”,

(c)after subsection (3) insert—

(3A)Where any change of name under this section relates to a Welsh principal area, notice must also be sent to the Local Democracy and Boundary Commission for Wales..

(d)after subsection (7) insert—

(8)In this section the “relevant Minister” is—

(a)in relation to the change of name of a Welsh principal area, the Welsh Ministers, and

(b)in relation to any other change of name, the Secretary of State..

(8)In section 76(2)(a) (change of name of a community), for “Secretary of State,” substitute “ Welsh Ministers, to the Local Democracy and Boundary Commission for Wales, ”.

(9)In section 246(9) (preservation of powers, privileges and rights of existing cities or boroughs), for “Part IV of this Act” substitute “ Part 3 of the Local Government (Democracy) (Wales) Act 2013 ”.

(10)In section 239(1) (power to promote or oppose local or personal Bills)—

(a)for “local authority, other than a parish or community council” substitute “ local authority in England, other than a parish council ”, and

(b)after “local authority” where it second occurs, insert “ in England ”.

Police Act 1996 (c. 16)E+W

2E+WIn section 1(2)(a) of the Police Act 1996 (police areas), for “section 58 of the Local Government Act 1972,” substitute “ section 45 of the Local Government (Democracy) (Wales) Act 2013, ”.

Public Services Ombudsman (Wales) Act 2005 (c. 10)E+W

3E+WIn Schedule 3 to the Public Services Ombudsman (Wales) Act 2005 (listed authorities), after the entry for “Comisiynydd y Gymraeg (the Welsh Language Commissioner)” insert— “ The Local Democracy and Boundary Commission for Wales. ”.

Welsh Language (Wales) Measure 2011 (nawm 1)E+W

4E+WIn Schedule 6 to the Welsh Language (Wales) Measure 2011 (public bodies etc: standards), in column 1, for the entry for “The Local Government and Boundary Commission for Wales (“Comisiwn Ffiniau Llywodraeth Leol i Gymru”)” substitute “ The Local Democracy and Boundary Commission for Wales (“Comisiwn Ffiniau a Democratiaeth Leol Cymru”) ”.

Police Reform and Social Responsibility Act 2011 (c. 13)E+W

5E+WIn section 72(3) of the Police Reform and Social Responsibility Act 2011 (amendment of police areas: term of office of commissioner), for paragraph (c) substitute—

(c)an order under section 45 of the Local Government (Democracy) (Wales) Act 2013 (anaw 4) (recommendations for changes to police areas) which alters the boundary of any police area in Wales;.

Local Government Byelaws (Wales) Act 2012 (anaw 2)E+W

6E+WIn paragraph 9 of Schedule 2 to the Local Government Byelaws (Wales) Act 2012 (minor and consequential amendments), in sub-paragraph (4), for “236A (alternative procedure for certain byelaws)” substitute “ 236B (revocation of byelaws) ”.

(as introduced by section 73(2))

SCHEDULE 2E+WRepeals

The enactments mentioned in the first column are repealed to the extent set out in the second column.

TABLE 1

Enactment Extent of Repeal
Local Government Act 1972 (c. 70)

Section 22(5).

Section 24(4).

Section 30(1)(b).

In section 30(3), the words “under Part IV of this Act”.

Section 34(5).

Section 53.

Section 54.

Section 55.

Section 56.

Section 57.

Section 57A.

Section 58.

Section 59.

Section 60.

Section 61.

Section 65.

Section 67.

Section 68.

Section 69.

Section 71.

Section 72(1)(b) and (2A).

In section 73(2), the words “or the Welsh Commission, as the case may require,”.

In section 78(1), the definitions of “electoral arrangements” and “substantive change”.

Section 78(2).

In section 270(1), the definition of the “Welsh Commission”.

Schedule 8.

Schedule 11.

Local Government Boundary Commission for Wales (Accounts, Audit and Reports) Order 2003 (S.I. 2003/749) The whole instrument.
Local Government (Wales) Measure 2011 (nawm 4)

Section 4(8).

In section 4(10), the definition of “co-opted member”.

Section 167.

(introduced by section 72(2))

SCHEDULE 3E+WIndex of defined expressions

The expressions listed in the first column are defined by or (as the case may be) are to be interpreted in accordance with the provisions of this Act listed in the second column in relation to those expressions.

TABLE 2

Expression Relevant provision
1972 Act (Deddf 1972) Section 72(1)
2011 Measure (Mesur 2011) Section 72(1)
Appropriate implementing authority (Awdurdod gweithredu priodol) Section 36(6)
Assistant Commissioner (Comisiynydd Cynorthwyol) Section 11(1)
Chairing member (Aelod cadeirio) Section 4(1)(a)
Community boundary change (Newid i ffin cymuned) Section 23(4)(a)
Community council change (Newid i gyngor cymuned) Section 23(4)(b)
Community meeting (Cyfarfod cymunedol) Section 72(1)
Electoral arrangements for community (Trefniadau etholiadol ar gyfer cymuned) Section 31(7)
Electoral arrangements for principal area (Trefniadau etholiadol ar gyfer prif ardal) Section 29(9)
Electoral arrangements change (Newid i drefniadau etholiadol) Section 23(4)(c)
Electoral ward (Ward etholiadol) Section 29(11)
Enactment (Deddfiad) Section 72(1)
Executive arrangements (Trefniadau gweithrediaeth) Section 52(9)
Expert (Arbenigwr) Section 10(1)
Local authority (Awdurdod lleol) Section 72(1)
Local government area (Ardal llywodraeth leol) Section 72(1)
Local government elector (Etholwr llywodraeth leol) Section 30
Mandatory consultees (Ymgyngoreion gorfodol) Section 34(3)
Modify (Addasu) Section 72(1)
Multiple member area (Ardal amlaelod) Section 29(11)
Preserved county (Sir wedi ei chadw) Section 27(4)
Preserved county change (Newi i sir wedi ei chadw) Section 23(4)(d)
Principal area (Prif ardal) Section 72(1)
Principal council (Prif gyngor) Section 72(1)
Principal area boundary change (Newid i ffin prif ardal) Section 23(4)(e)
Public body (Corff cyhoeddus) Section 40(6)
Qualifying public body (Corff cyhoeddus cymwys) Section 50(5)
Single member area (Ardal un aelod) Section 29(11)
The Commission (Y Comisiwn) Section 2