Local Government (Wales) Measure 2011

Legislation Crest

W

Local Government (Wales) Measure 2011

2011 nawm 4

A Measure of the National Assembly for Wales to make provision for and in connection with the promotion of, and support for, membership of county and county borough councils; the provision of staff and other resources by county and county borough councils in connection with the councils' democratic services; family absence for members of county and county borough councils; governance arrangements of county and county borough councils; the discharge of functions of county and county borough councils by committees and members; overview and scrutiny committees of county and county borough councils; audit committees of county and county borough councils; communities and community councils; pensions and other payments for members of county and county borough councils, community councils, National Park authorities, and fire and rescue authorities; collaboration in local government; and for connected purposes.

This Measure, passed by the National Assembly for Wales on 15 March 2011 and approved by Her Majesty in Council on 10 May 2011, enacts the following provisions:–

PART 1 WSTRENGTHENING LOCAL DEMOCRACY

CHAPTER 1WPROMOTING AND SUPPORTING MEMBERSHIP OF LOCAL AUTHORITIES

Survey of councillors and unsuccessful candidates for election as councillorsW

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2Completion of a survey and publication of informationW
3Guidance about surveysW

Supporting membershipW

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5Annual reports by members of a local authorityW
6Timing of council meetingsW
7Training and development of members of a local authorityW

CHAPTER 2WLOCAL AUTHORITY DEMOCRATIC SERVICES

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

9Democratic services functionsW

10Duty to adopt standing orders about management of staffW

11Local authorities to appoint democratic services committeesW

12MembershipW

13Sub-committeesW

14Proceedings etcW

15Frequency of meetingsW

16Discharging functionsW

17Termination of membership on ceasing to be member of authorityW

18Reports and recommendations by head of democratic servicesW

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20Local authority functions not to be delegatedW

21Head of democratic services to be a politically restricted postW

CHAPTER 3WINTERPRETATION

22Meaning of “member”W

PART 2 WFAMILY ABSENCE FOR MEMBERS OF LOCAL AUTHORITIES

23Right to family absenceW

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28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29Regulations: supplementalW

30GuidanceW

31Amendment of Local Government Act 1972W

32Amendment of Local Government Act 2000W

33Interpretation of Part 2W

PART 3 WAVAILABLE GOVERNANCE ARRANGEMENTS

Mayor and council manager executiveW

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Alternative arrangementsW

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36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 WCHANGES TO EXECUTIVE ARRANGEMENTS

CHAPTER 1WADOPTING A DIFFERENT FORM OF EXECUTIVE

General provisionsW

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InterpretationW

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47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 2WOTHER VARIATIONS OF EXISTING EXECUTIVE ARRANGEMENTS

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

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 3WSUPPLEMENTARY

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54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5 WLOCAL AUTHORITY FUNCTIONS: DISCHARGE BY COMMITTEES AND COUNCILLORS

Area committeesW

55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of functions by councillorsW

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

57Consequential provisionW

PART 6 WOVERVIEW AND SCRUTINY

CHAPTER 1WOVERVIEW AND SCRUTINY COMMITTEES

Joint overview and scrutiny committeesW

58Joint overview and scrutiny committeesW

(1)The Welsh Ministers may by regulations make provision under which any two or more local authorities may—

(a)appoint a joint committee (a “joint overview and scrutiny committee”), and

(b)arrange for the committee to exercise any functions of making reports or recommendations about any matter which is not an excluded matter to—

(i)any of the local authorities appointing the committee, and

(ii)in the case of a local authority operating executive arrangements under Part 2 of the Local Government Act 2000, the local authority's executive.

(2)In subsection (1)(b) “excluded matter” means any matter with respect to which a crime and disorder committee could make a report or recommendations—

(a)by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b)by virtue of subsection (3)(a) of that section.

(3)The provision that may be made in regulations under this section includes (but is not limited to)—

(a)provision for arrangements to be made only in prescribed circumstances, or subject to prescribed conditions or limitations;

(b)provision for the appointment of sub-committees of joint overview and scrutiny committees;

(c)in relation to joint overview and scrutiny committees (or sub-committees of such committees), provision applying, or corresponding to, any provision of—

(i)subsections (4) to (15A) and (18) of section 21 of the Local Government Act 2000,

(ii)sections 21A, 21B, 21D, 21F and 21G of that Act,

(iii)section 186 of, and Schedule 11 to, the National Health Service (Wales) Act 2006.

(4)A local authority and a joint overview and scrutiny committee must, in exercising or deciding whether to exercise any function conferred on it by or under this section, have regard to guidance given by the Welsh Ministers.

(5)In section 21 of the Local Government Act 2000 (overview and scrutiny committees), in subsection (2A)(e)—

(a)after “committee” insert

(i);

(b)after “concerned” insert , or

(ii)a joint overview and scrutiny committee within the meaning of section 58 of the Local Government (Wales) Measure 2011 appointed by two or more local authorities, one of which is the authority concerned.

Powers of committeesW

Prospective

59Scrutinising designated personsW

(1)Section 21 of the Local Government Act 2000 (overview and scrutiny committees) is amended as follows.

(2)In subsection (2)(e), at the end insert “ (insofar as the committee is not, or committees are not, under a duty to do those things by virtue of subsection (2ZA)) ”.

(3)After subsection (2) insert—

(2ZA)Executive arrangements by a local authority in Wales must ensure that their overview and scrutiny committee is required (or their overview and scrutiny committees, and any joint overview and scrutiny committees, are required between them) to make reports or recommendations on matters which relate to designated persons and affect the authority's area or the inhabitants of that area..

(4)In subsection (2A), after “(2)” insert “ or (2ZA) ”.

(5)In subsection (13)—

(a)in paragraph (aa), omit the final “and”;

(b)after paragraph (b) insert—

(c)if it is a committee or sub-committee of a local authority in Wales may, in connection with making a report or recommendations of the kind referred to subsection (2ZA)—

(i)require a designated person to provide the committee or sub-committee with information, except information that relates to an excluded matter, and

(ii)require an officer, employee or other representative of a designated person to attend meetings of the committee, except in relation to an excluded matter..

(6)After subsection (15) insert—

(15A)It is the duty of a person to comply with the requirement mentioned in subsection (13)(c)(i) or (ii); but that does not require a designated person to provide information which is not reasonably required in connection with the making of the report or recommendations..

(7)After subsection (17) insert—

(18)In this section—

  • designated person” means a person—

    (a)

    who is designated by the Welsh Ministers in accordance with section 21G, or

    (b)

    who falls within a category of person so designated;

  • excluded matter” means any matter with respect to which a crime and disorder committee could make a report or recommendations—

    (a)

    by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

    (b)

    by virtue of subsection (3)(a) of that section..

Prospective

60Notifying designated persons of report or recommendationsW

After section 21E of the Local Government Act 2000 insert—

21FWales: notifying designated body of report or recommendations

(1)This section applies if an overview and scrutiny committee of a local authority in Wales, or a sub-committee of such a committee, makes a report or recommendations under section 21(2ZA).

(2)The committee or sub-committee may—

(a)send a copy of the report or recommendations to a designated person, and

(b)request the designated person to have regard to the report or recommendations.

(3)In sending a copy of the report or recommendations to the designated person, the committee or sub-committee—

(a)must exclude any confidential information, and

(b)may exclude any relevant exempt information.

(4)If information is excluded under subsection (3), in producing the copy of the report or recommendations the committee or sub-committee—

(a)may replace so much of the report or recommendations as discloses the information with a summary which does not disclose that information, and

(b)must do so if, in consequence of excluding the information, the report or recommendations would be misleading or not reasonably comprehensible.

(5)In this section—

  • confidential information” has the meaning given by section 100A(3) of the Local Government Act 1972 (admission to meetings of principal councils);

  • designated person” has the same meaning as in section 21;

  • exempt information” has the meaning given by section 100I of that Act, and, in relation to any report or recommendations of a committee or joint committee which has functions under section 21(2)(f) of this Act, also includes information which is exempt information under section 186 of the National Health Service (Wales) Act 2006;

  • relevant exempt information” means exempt information of a description specified in a resolution of the committee or sub-committee under section 100A(4) of the Local Government Act 1972 which applied to the proceedings, or part of the proceedings, at any meeting of the committee or sub-committee at which the report was, or recommendations were, considered..

61Designated personsW

After section 21F of the Local Government Act 2000 insert—

21GWales: designated persons

(1)The Welsh Ministers may, by order, designate for the purposes of section 21—

(a)one or more persons, and

(b)one or more categories of person.

(2)But—

(a)the designation of a person has effect only if that person meets the following conditions, and

(b)the designation of a category of persons has effect only if, and to the extent that, each person in that category meets the following conditions.

(3)Condition A is that the person provides the public, or a section of the public, with services, goods or facilities of any description (whether on payment or not).

(4)Condition B is that the person—

(a)provides those services, goods or facilities in the exercise of functions of a public nature, or

(b)is wholly or partly funded by public money.

(5)Condition C is that the person is not a local authority..

Taking into account the views of the publicW

62Taking into account the views of the publicW

(1)A local authority must make arrangements of the kind referred to in subsection (2) in relation to each relevant overview and scrutiny committee of the authority.

(2)Those arrangements are arrangements that enable all persons who live or work in the local authority's area to bring to the attention of the relevant overview and scrutiny committee their views on any matter under consideration by the committee.

(3)A relevant overview and scrutiny committee must, when exercising its functions, take into account any views brought to its attention in accordance with arrangements made under this section.

(4)In complying with subsection (1), a local authority must have regard to guidance given by the Welsh Ministers.

(5)In complying with subsection (3), a relevant overview and scrutiny committee must have regard to guidance given by the Welsh Ministers.

(6)In this section—

  • joint overview and scrutiny committee” (“cyd-bwyllgor trosolwg a chraffu”) has the same meaning as in section 21(2A) of the Local Government Act 2000;

  • matter under consideration” (“mater sy'n cael ei ystyried”), in relation to a relevant overview and scrutiny committee, means a matter in respect of which the committee is exercising any function;

  • relevant overview and scrutiny committee” (“pwyllgor trosolwg a chraffu perthnasol”), in relation to a local authority, means—

    (a)

    an overview and scrutiny committee of the authority,

    (b)

    a sub-committee of such a committee,

    (c)

    a joint overview and scrutiny committee of the authority, or

    (d)

    a sub-committee of such a joint committee.

Powers of councillorsW

63Reference of matters to overview and scrutiny committee etcW

(1)Section 21A of the Local Government Act 2000 (reference of matters to overview and scrutiny committee etc) is amended as follows.

(2)In subsection (1)(c) omit “in the case of a local authority in England,”.

(3)In subsection (3)—

(a)after “issued” insert “ (in the case of a local authority in England) ”;

(b)after “Secretary of State” insert “ or (in the case of a local authority in Wales) by the Welsh Ministers ”.

(4)In subsection (6)(a)—

(a)after “2007” insert “ or section 56 of the Local Government (Wales) Measure 2011 ”.

(b)omit “in England”.

(5)In subsection (10), after “local authority” insert “ in England ”.

(6)After subsection (11) insert—

(12)In this section “local government matter”, in relation to a member of a local authority in Wales, means a matter which is not an excluded matter and which—

(a)relates to the discharge of any function of the authority, or

(b)affects all or part of the electoral area for which the member is elected or any person who lives or works in that area.

(13)In subsection (12) “excluded matter” means any matter which is—

(a)a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b)a matter of any description specified in an order made by the Welsh Ministers for the purposes of this section..

Duty to respond to overview and scrutiny committeeW

64Duty to respond to overview and scrutiny committeeW

In section 21B of the Local Government Act 2000 (duty of authority or executive to respond to overview and scrutiny committee), in subsection (1) omit “in England”.

Provision consequential on sections 63 and 64W

65Provision consequential on sections 63 and 64W

(1)The Local Government Act 2000 is amended as follows.

(2)In section 21D (publication etc of reports, recommendations and responses: confidential and exempt information), in subsection (6) in the definition of “exempt information”, after “2006” insert “ or section 186 of the National Health Service (Wales) Act 2006 ”.

(3)In section 22 (access to information etc), in subsection (12A)—

(a)after “State” insert “ (in relation to local authorities in England), or the Welsh Ministers (in relation to local authorities in Wales), ”;

(b)in paragraph (a), omit “in England”.

Appointing persons to chair committeesW

66Provision in standing orders about appointment of persons to chair committeesW

(1)The standing orders of a local authority must make provision (“appointment provision”) for the appointment of the persons who are to chair the local authority's overview and scrutiny committee or committees (“committee chairs”).

(2)The appointment provision must comply with—

(a)section 67,

(b)section 68, and

(c)section 69 (and accordingly with sections 70 to 73 or with section 74).

(3)Appointment provision must not prevent a person from being appointed as a committee chair because the person—

(a)is, or is not, a member of any political group, or

(b)is, or is not, a member of a particular political group.

67When appointments to be made by committeeW

(1)The appointment provision must provide for the appointment of committee chairs in cases A to C set out in this section.

(2)The appointment provision must provide that, in those cases, the committee chair, or each committee chair, is to be appointed by the committee which that person is to chair.

(3)Case A is where there are no political groups on the authority.

(4)Case B is where there is only one political group on the authority.

(5)Case C is where—

(a)there are two (but not more) political groups on the authority,

(b)the authority has only one overview and scrutiny committee, and

(c)the authority's executive—

(i)includes members of both political groups, or

(ii)does not include any member of either political group.

68When appointments to be made by non-executive groupW

(1)The appointment provision must provide for the appointment of the committee chair in the case set out in this section.

(2)The appointment provision must provide that, in that case, the committee chair is to be appointed by the non-executive political group.

(3)That case is where—

(a)there are two (but not more) political groups on the authority,

(b)the authority has only one overview and scrutiny committee, and

(c)the authority's executive—

(i)includes one or more members of one political group, but

(ii)does not include any member of the other political group.

(4)In this section “non-executive political group” means the group described in subsection (3)(c)(ii).

69How appointments to be made in other casesW

(1)The appointment provision must provide for the appointment of committee chairs in cases other than those set out in section 67 and 68.

(2)The appointment provision applicable in the other cases must comply with—

(a)sections 70 to 73, or

(b)section 74.

70Appointments to be made by political groupsW

(1)A local authority's appointment provision complies with this section if it provides—

(a)for the authority to be required, on each occasion when all of its committee chairs fall to be appointed, to make a determination under subsection (2) of which political groups on the authority are entitled to make which appointments, and

(b)for the groups to be able to make the appointments accordingly.

(2)The determination referred to in subsection (1) is a determination which, so far as reasonably practicable, gives effect to the following principles.

(3)The first principle is that—

(a)if there is only one executive group, the proportion of committee chairs which the executive group is entitled to appoint corresponds to the proportion of members of the authority who are in the group;

(b)if there are two or more executive groups, the proportion of committee chairs which the executive groups are (when taken together) entitled to appoint corresponds to the proportion of members of the authority who are members of those groups (when taken together).

(4)The second principle is that—

(a)if there is only one opposition group, the group is entitled to appoint all the opposition allocation of committee chairs, or

(b)if there are two or more opposition groups—

(i)the opposition groups are (when taken together) entitled to appoint all the opposition allocation of committee chairs, and

(ii)the proportion of the opposition allocation of committee chairs which each opposition group (a “relevant group”) is entitled to appoint corresponds to the proportion of members of the opposition groups who are members of the relevant group.

(5)In giving effect to the principles in subsections (3)(a) and (b) and (4)(b)(ii), the appointment provision—

(a)must provide for a political group's entitlement to appoint committee chairs to be an entitlement to appoint a whole number of committee chairs, and

(b)accordingly, must provide for an entitlement to be rounded off to the nearest whole number if it would not otherwise be a whole number.

(6)In giving effect to the principles in subsection (3)(a) and (b), the appointment provision made in accordance with subsection (5)(b) must provide for the entitlement of the executive group, or executive groups, to be rounded down to the nearest whole number.

(7)For the purposes of subsections (5) and (6), zero is to be taken to be a whole number.

(8)In this section—

  • executive allocation of committee chairs” (“dyraniad y weithrediaeth o gadeiryddion pwyllgor”) means the number of committee chairs which—

    (a)

    the executive group is entitled to appoint in accordance with subsection (3)(a), or

    (b)

    the executive groups are entitled to appoint in accordance with subsection (3)(b);

  • opposition allocation of committee chairs” (“dyraniad yr wrthblaid o gadeiryddion pwyllgor”) means the number of committee chairs remaining after deducting the executive allocation of committee chairs.

71Failure to make appointments in accordance with section 70W

(1)A local authority's appointment provision complies with this section if it provides—

(a)for the authority to be required, on each occasion when some or all of the committee chairs (“the unappointed chairs”) which fall to be appointed in accordance with appointment provision that complies with section 70 are not so appointed, to make a determination under subsection (2) of how the unappointed chairs are to be appointed, and

(b)for the unappointed chairs to be appointed accordingly.

(2)The determination referred to in subsection (1) is a determination which, so far as reasonably practicable, gives effect to the following principles.

(3)The first principle is that no executive group is entitled to appoint any of the unappointed chairs.

(4)The second principle is that—

(a)if there is only one opposition group and it has made all of its initial appointments, or

(b)if there are two or more opposition groups and one or more of them have made all of their initial appointments,

each appointing group is entitled to appoint the proportion of unappointed committee chairs which corresponds to the proportion of completed initial appointments which were appointments made by that group.

(5)The third principle is that if—

(a)there are unappointed committee chairs, but

(b)none of them fall to be appointed as mentioned in subsection (4),

each unappointed committee chair is to be appointed by the committee which that person is to chair.

(6)The fourth principle is that if—

(a)one or more unappointed committee chairs fall to be appointed as mentioned in subsection (4), but

(b)one or more of them are not so appointed,

each committee chair not so appointed is to be appointed by the committee which that person is to chair.

(7)In this section—

  • appointing group” (“grŵp penodi”) means an opposition group which makes all of its initial appointments;

  • completed initial appointment” (“penodiad cychwynnol gorffenedig”) means an initial appointment that is made;

  • initial appointment” (“penodiad cychwynnol”), in relation to a political group, means an appointment which the group is entitled to make in accordance with appointment provision that complies with section 70.

72Changes in composition of executiveW

(1)A local authority's appointment provision complies with this section if it provides for the case set out in subsection (2) by means of provision of the kind referred to in subsections (3) and (4).

(2)That case is where either or both of the following happen—

(a)a political group ceases to be an executive group;

(b)a political group begins to be an executive group;

and it is not the case set out in section 70.

(3)The appointment provision must provide for the making of—

(a)a section 70 determination (as if all of the local authority's committee chairs had fallen to be appointed), and

(b)a determination of whether there is a difference between—

(i)the number of committee chairs that a political group would be entitled to appoint in accordance with the section 70 determination, and

(ii)the number of committee chairs holding office at that time who were appointed by that group.

(4)The appointment provision must provide for any difference of the kind referred to in subsection (3)(b) to be eliminated by either or both of the following—

(a)the termination of existing appointments of committee chairs;

(b)the making of new appointments of committee chairs.

(5)For the purposes of this section, a political group is to be taken to cease to be an executive group only if, after ceasing to be an executive group, the period of two months (beginning with the day on which it ceases to be an executive group) passes without it becoming an executive group again.

73Occasional vacancies in committee chairsW

(1)A local authority's appointment provision complies with this section if it provides for the case set out in subsection (2) by means of provision of the kind referred to in subsections (3) and (4).

(2)That case is where—

(a)some, but not all, of the authority's committee chairs fall to be appointed, and

(b)it is not the case set out in section 72.

(3)The appointment provision must provide for the making of—

(a)a section 70 determination (as if all of the local authority's committee chairs had fallen to be appointed), and

(b)a determination of whether there is a difference between—

(i)the number of committee chairs that a political group would be entitled to appoint in accordance with the section 70 determination, and

(ii)the number of committee chairs holding office at that time who were appointed by that group.

(4)The appointment provision must provide for any difference of the kind referred to in subsection (3)(b) to be eliminated, so far as possible, by the appointment of the committee chair or chairs.

74Appointment provision determined by authorityW

(1)A local authority's appointment provision complies with this section if the provision—

(a)is no less favourable to opposition groups than section 70, and

(b)is approved by a resolution of the local authority which has cross-group support.

(2)Appointment provision is no less favourable to opposition groups than section 70 if it provides—

(a)for opposition groups on the local authority (when taken together) to be given the opportunity to appoint a greater number of committee chairs than would be the case with provision made in accordance with section 70, and

(b)for each opposition group on the local authority to be given the opportunity to appoint at least the number of committee chairs as would be the case with provision made in accordance with section 70.

(3)A resolution of the local authority has cross-group support if—

(a)the persons voting in favour of the resolution include members of every political group on the authority, and

(b)each political group on the authority gives majority support to the resolution.

(4)A political group on the authority gives majority support to the resolution if the number of members of that group who vote in favour of the resolution is greater than the number of members of that group who vote against the resolution.

75Supplementary provision and interpretationW

(1)The Welsh Ministers may, by regulations, make provision about—

(a)appointment provision, and

(b)the appointment of committee chairs in accordance with appointment provision.

(2)A local authority must, in exercising or deciding whether to exercise a function in connection with appointment provision or the appointment of committee chairs—

(a)have regard to guidance given by the Welsh Ministers, and

(b)comply with any directions given by the Welsh Ministers.

(3)In sections 66 to 74 and this section—

  • appointment provision” (“darpariaeth benodi”) has the meaning given in section 66;

  • committee chair” (“cadeirydd pwyllgor”) has the meaning given in section 66;

  • executive group” (“grŵp gweithrediaeth”) means a political group some or all of whose members comprise, or are included in, the executive of the authority;

  • opposition group” (“grŵp gwrthblaid”) means a political group none of whose members are included in the executive of the authority;

  • political group” (“grŵp gwleidyddol”), in relation to a local authority, means a group of members of the authority that is a political group for the purposes of Part 1 of the Local Government and Housing Act 1989;

  • section 70 determination” (“dyfarniad adran 70”) means a determination of the kind referred to in section 70.

(4)In section 21 of the Local Government Act 2000 (overview and scrutiny committees), after subsection (10) insert—

(10A)For provision about the appointment of persons to chair overview and scrutiny committees of local authorities in Wales, see sections 66 to 75 of the Local Government (Wales) Measure 2011..

Co-opted members of overview and scrutiny committeesW

76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of informationW

77Forward plans and other informationW

(1)The Welsh Ministers may by regulations make provision for or in connection with requiring prescribed information about the exercise of the functions of—

(a)an overview and scrutiny committee of a local authority, or

(b)a sub-committee of such a committee,

to be made available to members of the public or members of the authority.

(2)The provision that may be made under subsection (1) includes (but is not limited to)—

(a)provision requiring prescribed information to be made available in advance of the exercise of functions mentioned in that subsection, and

(b)provision as to the way or form in which prescribed information is to be made available.

Restricting party control of committeesW

78Prohibition of whipped votes & declaration of party whipsW

(1)A member of an overview and scrutiny committee must not vote on a question at a meeting of the committee if, before the meeting, the member has been given a party whip relating to the question (a “prohibited party whip”).

(2)A vote that is given in breach of subsection (1) must be disregarded.

(3)Standing orders must provide that, at each meeting of an overview and scrutiny committee of a local authority, each member of the committee must declare any prohibited party whip which the member has been given in relation to the meeting.

(4)Standing orders must require the minutes of each meeting of an overview and scrutiny committee to record all such declarations of prohibited party whips made at the meeting.

(5)It is for the person chairing a meeting of an overview and scrutiny committee to determine whether a member of the committee has been given a prohibited party whip in relation to the meeting.

(6)If the decision of a question by an overview and scrutiny committee is materially affected by a breach of this section, the decision is to be treated as if it had not been made.

(7)Subsection (6) does not affect any act or omission of any person apart from the overview and scrutiny committee.

(8)For the purposes of subsection (6), the decision of a question by an overview and scrutiny committee is materially affected by a breach of this section if—

(a)one or more members of the committee vote on the question in breach of subsection (1),

(b)one or more of the votes mentioned in paragraph (a) is not disregarded in accordance with subsection (2), and

(c)the decision on the question would have been different if the vote or votes mentioned in paragraph (b) had been disregarded in accordance with subsection (2).

(9)This section applies in relation to a sub-committee of an overview and scrutiny committee as it applies to the overview and scrutiny committee (and references in this section to an overview and scrutiny committee are accordingly to be read as including references to such a sub-committee).

(10)In this section—

  • party whip” (“cyfarwyddyd chwip plaid”) means an instruction (however expressed) which—

    (a)

    is given on behalf of a political group on a local authority;

    (b)

    is given to a person (P) who is—

    (i)

    a member of the political group, and

    (ii)

    a member of an overview and scrutiny committee of the local authority;

    (c)

    is an instruction as to how P should vote on a question falling to be decided by the committee; and

    (d)

    if not complied with by P, would be likely to make P liable to disciplinary action by the political group which gives the instruction;

  • political group” (“grŵp gwleidyddol”) means a group of members of a local authority that is a political group for the purposes of Part 1 of the Local Government and Housing Act 1989;

  • standing orders” (“rheolau sefydlog”), in relation to an overview and scrutiny committee, means standing orders regulating the proceedings and business of that committee.

Overview and scrutiny committee structureW

79Guidance and directionsW

(1)The Welsh Ministers may give a local authority—

(a)guidance about the authority's overview and scrutiny committee structure, or

(b)directions about the authority's overview and scrutiny committee structure.

(2)A local authority must have regard to guidance given by the Welsh Ministers under this section.

(3)A local authority must comply with directions given by the Welsh Ministers under this section.

(4)In this section, references to a local authority's overview and scrutiny committee structure include (but are not limited to) references to the following things—

(a)the number of overview and scrutiny committees which the authority has;

(b)the number of sub-committees (if any) which overview and scrutiny committees of the authority have;

(c)the functions of overview and scrutiny committees of the authority;

(d)the functions of sub-committees of overview and scrutiny committees of the authority.

InterpretationW

80Interpretation of this ChapterW

In this Chapter—

  • co-opted member” (“aelod cyfetholedig”), in relation to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, means a person who is—

    (a)

    a member of the committee or sub-committee, but

    (b)

    not a member of the local authority;

  • overview and scrutiny committee” (“pwyllgor trosolwg a chraffu”) has the same meaning as in Part 2 of the Local Government Act 2000 (see section 21 of that Act).

CHAPTER 2WAUDIT COMMITTEES

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PART 7 WCOMMUNITIES AND COMMUNITY COUNCILS

CHAPTER 1WCOMMUNITY MEETINGS AND COMMUNITY POLLS

88Convening of community meetings by local government electorsW

89Notice of community meeting convened by local government electorsW

90Facility for the provision of electronic notices of the convening of community meetingsW

91Action following receipt of notice of the convening of a community meetingW

92Public notice of community meetingW

93Demands for community pollsW

94Notice to be given by returning officer following taking of a poll consequent on a community meetingW

95Determination of monitoring officer as to the council to whose functions a poll relatesW

96Consideration of result of community poll by community councilW

97Action to be taken following community council's consideration of results of certain community pollsW

98Consideration of result of community poll by principal councilW

99Principal council's explanation of its response to a community pollW

CHAPTER 2WORGANISATION OF COMMUNITIES AND THEIR COUNCILS

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CHAPTER 3WCO-OPTION OF MEMBERS OF COMMUNITY COUNCILS

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CHAPTER 4WAPPOINTMENT OF COMMUNITY YOUTH REPRESENTATIVES

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CHAPTER 5WREVIEWS OF COMMUNITY AREAS AND ELECTORAL ARRANGEMENTS

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CHAPTER 6WCOMMUNITY COUNCILS' POWERS TO PROMOTE WELL-BEING

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CHAPTER 7WGRANTS TO COMMUNITY COUNCILS

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CHAPTER 8WMODEL CHARTER AGREEMENTS BETWEEN LOCAL AUTHORITIES AND COMMUNITY COUNCILS

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CHAPTER 9WSCHEMES FOR THE ACCREDITATION OF QUALITY IN COMMUNITY GOVERNMENT

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PART 8 WMEMBERS: PAYMENTS AND PENSIONS

The Independent Remuneration Panel for WalesW

141The PanelW

(1)There is to continue to be a panel of persons known as the Independent Remuneration Panel for Wales.

(2)Schedule 2 has effect in relation to the Panel.

Principal functions of the PanelW

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Reports by the PanelW

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146First annual reportW

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Payments by relevant authoritiesW

153Compliance with Panel's requirementsW

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EnforcementW

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SupplementaryW

157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

158Power to modify provision about PanelW

The Welsh Ministers may by order make modifications of this Part so as to—

(a)add, vary or omit provision about the Panel's membership, the tenure of its members, or its procedures;

(b)add, vary or omit provision conferring or imposing a function on the Panel.

159Interpretation of Part 8W

(1)In this Part—

  • annual report” (“adroddiad blynyddol”) has the meaning given in section 145;

  • co-opted member” (“aelod cyfetholedig”), in relation to a relevant authority, has the meaning given in section 144;

  • financial year” (“blwyddyn ariannol”) means a period of 12 months ending with 31 March;

  • member” (“aelod sy'n mynychu'r fangre”) , in relation to a relevant authority, has the meaning given in section 144;

  • the Panel” (“y Panel”) means the Independent Remuneration Panel for Wales;

  • relevant authority” (“awdurdod perthnasol”) has the meaning given in section 144 (and a reference to a description of a relevant authority is to be read in accordance with that section);

  • relevant matter” (“mater perthnasol”) has the meaning given in section 142;

  • relevant pension” (“pensiwn perthnasol”) has the meaning given in section 143.

(2)The references in sections 153, 154 and 157 to requirements imposed by an annual report include a reference to requirements included in an annual report by a supplementary report.

160Consequential amendmentsW

Schedule 3 (payments and pensions: minor and consequential amendments) has effect.

PART 9 WCOLLABORATION AND AMALGAMATION

CHAPTER 1WCOLLABORATION

161Guidance about collaboration between Welsh improvement authoritiesW

CHAPTER 2WAMALGAMATION

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PART 10 WGENERAL

172Orders and regulationsW

(1)Any power of the Welsh Ministers to make an order or regulations under this Measure is exercisable by statutory instrument.

(2)A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales—

(a)regulations under section 9(1)(i), Part 2, section 140, 165 or 166(2);

(b)an order under section 127, 158, 162 or 170;

(c)an order amending an order under section 162;

(d)an order under section 177 that contains modifications of an enactment (other than an enactment contained in subordinate legislation).

(3)For additional requirements in relation to the making by the Welsh Ministers of orders under sections 127 and 162, see sections 173 and 169 respectively.

(4)Any other statutory instrument containing an order or regulations under this Measure, apart from an instrument containing only an order under section 178 (commencement), is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(5)Any power of the Welsh Ministers under this Measure to apply an enactment is a power to apply it with or without modifications.

(6)Any power of the Welsh Ministers to make an order or regulations under this Measure includes (but is not limited to) power—

(a)to make different provision for different cases, different purposes, or different geographical areas;

(b)to make provision generally or in relation to specific cases;

(c)to make such supplementary, transitional, transitory, consequential, saving, incidental and other provision as the Welsh Ministers consider necessary or appropriate.

173Procedure applicable to certain orders under section 127W

(1)The Welsh Ministers must comply with this section before making an order under section 127 to give effect to proposals to modify an enactment which they consider prevents or obstructs community councils from exercising their power under section 2(1) of the Local Government Act 2000 (“the proposals”).

(2)The Welsh Ministers must consult—

(a)such community councils,

(b)such representatives of community councils, and

(c)such other persons (if any),

as appear to the Welsh Ministers to be likely to be affected by the proposals.

(3)If, following that consultation, the Welsh Ministers wish to proceed with the proposals they must lay before the National Assembly for Wales a document which—

(a)explains the proposals,

(b)sets them out in the form of a draft order, and

(c)gives details of the consultation under subsection (2).

(4)No draft of an order under section 127 to give effect to the proposals (“the final draft order”) may be laid before the Assembly in accordance with section 172(2)(b) until after the expiry of the period of 60 days beginning with the day on which the document relating to the proposals was laid before the National Assembly for Wales under subsection (3).

(5)In calculating the period mentioned in subsection (4) no account shall be taken of any time during which the National Assembly for Wales is dissolved or is in recess for more than four days.

(6)In preparing the final draft order the Welsh Ministers must consider any representations made during the period mentioned in subsection (4).

(7)If the final draft order is laid before the National Assembly for Wales in accordance with section 172(2)(b), the order must be accompanied by a statement of the Welsh Ministers giving details of—

(a)any representations considered in accordance with subsection (6), and

(b)any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (3) which are given effect to in the final draft order.

(8)Nothing in this section applies to an order under section 127 which is made only for the purpose of amending an earlier order under that section—

(a)so as to extend the earlier order, or any provision of the earlier order, to a particular community council or to community councils of a particular description, or

(b)so that the earlier order, or any provision of the earlier order, ceases to apply to a particular community council or to community councils of a particular description.

174Guidance and directionsW

(1)Any power of the Welsh Ministers to give guidance under this Measure includes power to vary or revoke guidance given.

(2)Any power of the Welsh Ministers to give directions under this Measure includes power to vary or revoke directions given.

(3)Any power of the Welsh Ministers to give guidance or directions under this Measure includes power—

(a)to make different provision for different cases, different purposes, or different geographical areas;

(b)to make provision generally or in relation to specific cases.

(4)Subsections (1) to (3) do not limit the powers under this Measure to give guidance or directions.

175InterpretationW

In this Measure—

  • enactment” (“deddfiad”) includes—

    (a)

    an enactment whenever passed or made,

    (b)

    an enactment contained in this Measure, and

    (c)

    provision contained in subordinate legislation (within the meaning of the Interpretation Act 1978);

  • local authority” (“awdurdod lleol”) means a county borough council or county council in Wales;

  • modifications” (“addasiadau”) includes (but is not limited to) amendments, repeals and revocations.

  • prescribed” (“rhagnodedig”) means prescribed in regulations made by the Welsh Ministers.

176Consequential amendments and repealsW

(1)In section 106 of the Local Government Act 2000 (Wales), after subsection (4) insert—

(5)The power of the Welsh Ministers to make an order under section 21A(13)(b) or section 21G is exercisable by statutory instrument.

(6)A statutory instrument which contains an order made by the Welsh Ministers under section 21A(13)(b) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(7)A statutory instrument which contains an order under section 21G may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales..

(2)Schedule 4 (repeals and revocations) has effect.

(3)The revocation of the Local Authorities (Allowances for Members) (Wales) Regulations 2007 (S.I. 2007/1086), by subsection (2), does not affect the power of the Panel to prescribe matters in relation to a scheme made under Part 2 of those Regulations where that scheme operates during any part of the financial year beginning 1 April 2011 (and for this purpose “Panel” and “financial year” have the same meanings as in Part 8 of this Measure).

Commencement Information

I1S. 176 partly in force; s. 176(2) in force for certain purposes at 11.5.2011 and for certain further purposes at 10.7.2011, see s. 178(1)(c)(2)(d)

177Power to make supplementary provisionW

(1)The Welsh Ministers may, by order, make such supplementary, incidental, consequential, transitional, transitory and saving provision as they consider appropriate in connection with this Measure.

(2)The provision that may be made under subsection (1) includes (but is not limited to) modifications of any enactment.

(3)The modifications that may be made by virtue of subsection (2) are in addition to those made by or which may be made under any other provision of this Measure.

178CommencementW

(1)The following provisions come into force on the day after the day on which this Measure is approved by Her Majesty in Council—

(a)sections 58, 77, 79, 80 and 159;

(b)this Part (except section 176);

(c)Part E of Schedule 4 (and section 176(2) in so far as it relates to Part E of Schedule 4).

(2)The following provisions come into force at the end of the period of two months beginning with the day on which this Measure is approved by Her Majesty in Council—

(a)Parts 3 and 4;

(b)sections 55 and 76;

(c)Chapters 2 to 9 of Part 7;

(d)Parts B and C of Schedule 4 (and section 176(2) in so far as it relates to Parts B and C of Schedule 4).

(3)Subject to subsections (1) and (2), this Measure comes into force in accordance with provision made by the Welsh Ministers by order.

179Short titleW

This Measure may be cited as the Local Government (Wales) Measure 2011.

Prospective

(introduced by section 35)

SCHEDULE 1WCHANGE FROM ALTERNATIVE TO EXECUTIVE ARRANGEMENTS

PART 1 WGENERAL PROVISIONS

IntroductionW

1WThis Schedule applies to a local authority if it is required by section 35 to change from alternative arrangements to executive arrangements.

Proposals for moving to executive arrangementsW

2(1)The local authority must draw up, and approve by resolution, proposals to change from alternative to executive arrangements.W

(2)In drawing up the proposals, the local authority must consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority's functions are exercised, having regard to a combination of economy, efficiency and effectiveness.

(3)The local authority must send the Welsh Ministers—

(a)a copy of the proposals that it has approved, and

(b)(with the copy of the proposals) a statement which describes the reasons why the authority considers that its proposals would be likely, if implemented, to ensure that decisions of the authority are taken in an efficient, transparent and accountable way.

(4)The local authority must comply with sub-paragraphs (1) and (3) within the period of six months beginning with the day on which section 35 comes into force.

Contents of proposalsW

3WA local authority's proposals must include all of the following—

(a)a statement of the extent to which functions specified in regulations under section 13(3)(b) of the Local Government Act 2000 are to be the responsibility of the executive under the proposed executive arrangements,

(b)a timetable with respect to the implementation of the proposals, and

(c)details of any transitional arrangements which are necessary for the implementation of the proposals.

ReferendumsW

4(1)If the proposed form of executive is a mayor and cabinet executive, the proposals must provide for the change to executive arrangements to be subject to approval in a referendum.W

(2)If the proposed form of executive is a leader and cabinet executive (Wales), the proposals may not provide for the change to executive arrangements to be subject to approval in a referendum.

(3)Section 45 of the Local Government Act 2000 (provisions with respect to referendums) has effect as if subsection (9) included a reference to a referendum on a change from alternative arrangements to executive arrangements in accordance with section 35.

Timetable for implementation of change to leader and cabinet executive (Wales)W

5(1)This paragraph applies to a local authority's proposals if the proposed form of executive is a leader and cabinet executive (Wales).W

(2)The timetable with respect to the implementation of the proposals must be such as to ensure that the local authority makes the change to executive arrangements no later than the end of the period of six months beginning with the day on which the local authority sends the Welsh Ministers the copy of the proposals.

Timetable for implementation of change to mayor and cabinet executiveW

6(1)This paragraph applies to a local authority's proposals if the proposed form of executive is a mayor and cabinet executive (and accordingly is subject to approval in a referendum).W

(2)The timetable with respect to the implementation of the proposals must comply with sub-paragraphs (3) and (4).

(3)The timetable must be such as to secure that the local authority will hold the referendum within the period that—

(a)begins two months after, and

(b)ends six months after,

the day on which the local authority sends the Welsh Ministers the copy of the proposals.

(4)The timetable must be such as to secure that, if the result of the referendum is to approve the change to executive arrangements, the local authority will make that change within the period of six months beginning with the day on which the referendum is held.

Publicity for proposalsW

7(1)This paragraph applies to a local authority which has approved proposals by a resolution.W

(2)The local authority must secure that copies of a document setting out the provisions of the proposed executive arrangements are available at its principal office for inspection by members of the public at all reasonable times.

(3)The local authority must publish a notice which—

(a)states that the local authority has resolved to operate the proposed executive arrangements,

(b)if the proposed form of executive is a mayor and cabinet executive, states—

(i)that it is subject to approval in a referendum, and

(ii)the date of the referendum,

(c)states the date on which the local authority intends to begin operating those arrangements,

(d)describes the main features of those arrangements,

(e)states that copies of a document setting out the provisions of those arrangements are available at the local authority's principal office for inspection by members of the public at such times as may be specified in the notice, and

(f)specifies the address of the local authority's principal office.

(4)The local authority must comply with sub-paragraphs (2) and (3) as soon as practicable after its passes the resolution approving the proposals.

Implementing proposalsW

8(1)A local authority must implement its proposals in accordance with the timetable included in the proposals.W

(2)But if the proposed form of executive—

(a)is a mayor and cabinet executive, and

(b)is not approved in the referendum on the change to that form of executive,

the local authority must not implement the change.

PART 2 WOTHER PROVISIONS APPLICABLE WHERE REFERENDUM REQUIRED

Outline fall-back proposals in case referendum rejects changeW

9(1)This paragraph applies to a local authority if the proposed form of executive is a mayor and cabinet executive (and accordingly is subject to approval in a referendum).W

(2)The local authority must draw up, and approve by resolution, an outline of the fall-back proposals (“outline fall-back proposals”) that it intends to implement if the proposals to change to a mayor and cabinet executive are rejected in the referendum.

(3)Fall-back proposals are proposals for making a change to executive arrangements that provide for a leader and cabinet executive (Wales).

(4)Paragraph 2(2) applies to the outline fall-back proposals as it applies to proposals under that paragraph.

(5)The outline fall-back proposals must include a timetable with respect to the implementation (in accordance with paragraph 11) of detailed fall-back proposals in the event that the change to the mayor and cabinet executive is not approved in the referendum.

(6)The local authority must comply with sub-paragraph (2) at the time it complies with paragraph 2(1).

(7)The local authority must send the Welsh Ministers a copy of the outline fall-back proposals that it has approved.

(8)The local authority must comply with sub-paragraph (7) at the time it complies with paragraph 2(3).

Action if referendum rejects changeW

10(1)This paragraph applies to a local authority if—W

(a)the proposed form of executive is a mayor and cabinet executive, and

(b)is not approved in the referendum on the change to that form of executive.

(2)The local authority must publish a notice which—

(a)summarises the local authority's proposals which were the subject of the referendum,

(b)states that a referendum on the local authority's proposals rejected those proposals,

(c)sets out the local authority's outline fall-back proposals, and

(d)states that, under the outline fall-back proposals, the local authority intends to operate a leader and cabinet executive (Wales).

(3)The local authority must comply with sub-paragraph (2) as soon as practicable after the referendum.

(4)The local authority must draw up, and approve by resolution, detailed fall-back proposals which are based on the outline fall-back proposals.

(5)Paragraphs 2(2), 3 and 7(2) and (3) apply to the detailed fall-back proposals as they apply to proposals under paragraph 2.

(6)The local authority must send a copy of the detailed fall-back proposals to the Welsh Ministers.

(7)The local authority must comply with sub-paragraph (6) within the period of two months beginning with day of the referendum.

Timetable for implementation of detailed fall-back proposalsW

11WThe timetable with respect to the implementation of the detailed fall-back proposals must be such as to secure that the local authority makes the change to the leader and cabinet executive (Wales) no later than the end of the period of six months beginning with the day on which the local authority sends the Welsh Ministers the copy of the proposals.

Implementing detailed fall-back proposalsW

12WThe local authority must implement its detailed fall-back proposals in accordance with the timetable included in the proposals.

PART 3 WMISCELLANEOUS

Failure to cease operating alternative arrangementsW

13(1)This paragraph applies if it appears to the Welsh Ministers that a local authority will fail to cease operating alternative arrangements and start operating executive arrangements in accordance with section 35.W

(2)The Welsh Ministers may, by order, provide for the local authority to—

(a)cease to operate alternative arrangements, and

(b)start to operate executive arrangements of a form specified by the Welsh Ministers (“default executive arrangements”).

(3)Default executive arrangements are to be treated as having been made by the local authority itself.

(4)Paragraphs 7(2) and (3)(c) to (e) apply to default executive arrangements as they apply to executive arrangements in proposals under paragraph 2.

(5)The local authority must comply with those provisions of paragraph 7 (as they apply by virtue of sub-paragraph (4)) as soon as practicable after the order providing for the default executive arrangements is made by the Welsh Ministers.

Arrangements to be treated as operated after passing of resolutionW

14WExecutive arrangements which come into operation in accordance with section 35 and this Schedule are to be treated as being operated after the passing of a resolution of the local authority under section 38.

InterpretationW

15WIn this Schedule—

  • change to executive arrangements” (“newid i drefniadau gweithrediaeth”) means the change to executive arrangements proposed in proposals or in fall-back proposals;

  • detailed fall-back proposals” (“cynigion manwl wrth gefn”) means proposals under paragraph 10(4);

  • fall-back proposals” (“cynigion wrth gefn”) has the meaning given in paragraph 9(3);

  • outline fall-back proposals” (“cynigion amlinellol wrth gefn”) means proposals under paragraph 9(2);

  • proposals” (“cynigion”) (except in relation to fall-back proposals) means proposals under paragraph 2;

  • proposed form of executive” (“ffurf arfaethedig ar weithrediaeth”) means the form of executive which a local authority is, in proposals under paragraph 2, or in fall-back proposals, proposing to begin operating.

(introduced by section 141(2))

SCHEDULE 2WTHE PANEL

MembershipW

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .W

TenureW

2(1)Members of the Panel hold and must vacate office in accordance with the terms of their appointment, those terms being such as the Welsh Ministers decide.W

(2)A person may not be appointed as a member of the Panel for a period exceeding four years.

(3)But a person who ceases to be a member of the Panel is eligible for re-appointment.

(4)A person appointed to fill a casual vacancy in the membership of the Panel serves as a member until the date on which the period of membership of the person whose place has been filled would have expired.

(5)A member of the Panel holding office as Chairperson or Vice-chairperson does so until the period of that person's membership expires.

MeetingsW

3(1)The Panel must meet at least once every calendar year.W

(2)The quorum of the Panel is three and must include the Chairperson or the Vice-chairperson.

(3)The Chairperson (or, in the absence of the Chairperson, the Vice-chairperson) presides at meetings of the Panel.

(4)The members of the Panel may (subject to provision made by or by virtue of Part 8) regulate the Panel's procedures.

(5)A question for decision by the Panel must be decided at a meeting of members of the Panel by a majority of the votes cast by those members present at the meeting.

(6)If there is an equality of votes on a question for decision, the person presiding at the meeting has a second or casting vote.

InformationW

4WThe Panel may, in connection with the performance of its functions, seek information or advice.

Expenses, administrative support etc.W

5(1)The Welsh Ministers must pay expenses incurred by the Panel (either collectively or by members individually) in carrying out functions of the Panel (or of members of the Panel in their capacity as such).W

(2)The Welsh Ministers may pay allowances to members of the Panel.

(3)The Welsh Ministers must make administrative support available to the Panel.

(introduced by section 160)

SCHEDULE 3WPAYMENTS AND PENSIONS: MINOR AND CONSEQUENTIAL AMENDMENTS

Local Government Act 1972W

1(1)The Local Government Act 1972 is amended as follows.W

(2)In section 94(5) (local authority allowances not to count as pecuniary interest for purposes of prohibiting voting where member has pecuniary interest), after “1989” insert “ or under any provision of Part 8 of the Local Government (Wales) Measure 2011 ”.

(3)Sections 173 to 178 (allowances for members) cease to have effect.

(4)In section 246(16) (application of provisions about local authority allowances to charter trustees), after “above” insert “ and (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011 ”.

(5)In section 249(4)(b) (allowance not payable for attendance by honorary aldermen at civic ceremonies), at the end insert “ or Part 8 of the Local Government (Wales) Measure 2011 ”.

Local Government and Housing Act 1989W

2(1)Section 18 of the Local Government and Housing Act 1989 (schemes for allowances for local authority members) is amended as follows.W

(2)Omit subsections (1) to (3), (3B), (3D), (3E) and (3G) to (6).

(3)For subsection (3A) (power of Welsh Ministers to make regulations enabling local authorities to determine entitlement to gratuities), substitute—

(3A)Regulations may be made by the Welsh Ministers to make provision for or in connection with—

(a)enabling county councils or county borough councils to determine which members of the council are to be entitled to gratuities,

(b)treating such payments relating to relevant matters (within the meaning of Part 8 of the Local Government (Wales) Measure 2011) as may be specified in the regulations as amounts in respect of which such gratuities are payable..

Environment Act 1995W

3WIn paragraph 11 of Schedule 7 to the Environment Act 1995 (application of provisions about local authority allowances to National Park authorities), omit sub-paragraphs (1) and (2).

School Standards and Framework Act 1998W

4(1)The School Standards and Framework Act 1998 is amended as follows.W

(2)In section 94(5C) (power to apply provisions about local authority allowances to admission appeal panels), after “1972” insert “ or (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011 ”.

(3)In section 95(3B) (power to apply provisions about local authority allowances to admission appeal panels in case of pupils excluded from two or more schools), after “1972” insert “ or (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011 ”.

Local Government Act 2000W

5(1)The Local Government Act 2000 is amended as follows.W

(2)In section 99(1) (power to make provision about allowances etc. in regulations about local government pensions), at the end insert “; and for the purposes of the application of this subsection to Wales, the reference to pensions and allowances is to be ignored.”

(3)Section 100 (power of Welsh Ministers to make provision about local authority allowances) ceases to have effect.

Education Act 2002W

6WIn section 52(6) of the Education Act 2002 (power to apply provisions about local authority allowances to panels dealing with exclusion of pupils), after “1972 (c. 70)” insert “ or (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011 ”.

Education and Skills Act 2008W

7WIn section 48(4) of the Education and Skills Act 2008 (power to apply provisions about local authority allowances to attendance panels), after “1972 (c. 70)” insert “ or (in relation to Wales) Part 8 of the Local Government (Wales) Measure 2011 ”.

(introduced by section 176(2))

SCHEDULE 4WREPEALS AND REVOCATIONS

PART A: WSTRENGTHENING LOCAL DEMOCRACY (PART 1 OF THE MEASURE)

Reference Extent of repeal
Local Government and Housing Act 1989 In section 2(1)(f), the word “and”.

PART B: WAVAILABLE GOVERNANCE ARRANGEMENTS (PART 3 OF THE MEASURE)

Reference Extent of repeal or revocation
Local Government Act 1972
Local Government and Housing Act 1989
Local Government Finance Act 1992
Local Government Act 2000
Local Authorities (Proposals for Alternative Arrangements) (Wales) Regulations 2001 (S.I. 2001/2293) The whole Regulations.
Local Authorities (Changing Executive Arrangements and Alternative Arrangements) (Wales) Regulations 2004 (S.I. 2004/3158) The whole Regulations
Local Authorities (Alternative Arrangements) (Wales) Regulations 2007 (S.I. 2007/397) The whole Regulations.
Local Government (Wales) Measure 2011 Section 87(3).

PART C: WCHANGES TO EXECUTIVE ARRANGEMENTS (PART 4 OF THE MEASURE)

Reference Extent of repeal
Local Government Act 2000 Section 30.

PART D: WOVERVIEW AND SCRUTINY (PART 6 OF THE MEASURE)

Reference Extent of repeal
Local Government Act 2000

In section 21(13)(aa), the final “and”.

In section 21A(1)(c), the words “in the case of a local authority in England”.

In section 21A(6)(a), the words “in England”.

In section 21B(1), the words “in England”.

In section 22, the words “in England”

PART E: WCOMMUNITIES AND COMMUNITY COUNCILS (PART 7 OF THE MEASURE)

Reference Extent of repeal
Local Government Act 1972 Sections 28 to 29B.

PART F: WMEMBERS: PAYMENTS AND PENSIONS (PART 8 OF THE MEASURE)

Reference Extent of repeal or revocation
Local Government Act 1972 Sections 173 to 178.
Local Government and Housing Act 1989 Section 18(1) to (3), (3B), (3D), (3E) and (3G) to (6).
Environment Act 1995 In Schedule 7, paragraph 11(1) and (2).
Local Government Act 2000 Section 100.
Local Authorities (Allowances for Members of County and County Borough Councils and National Park Authorities) (Wales) Regulations 2002 (S.I. 2002/1895) The whole Regulations.
Local Authorities (Allowances for Members of Community Councils) (Wales) Regulations 2003 (S.I. 2003/895) The whole Regulations.
Local Authorities (Allowances for Members of Fire Authorities) (Wales) Regulations 2004 (S.I. 2004/2555) The whole Regulations.
Local Authorities (Allowances for Members) (Wales) Regulations 2007 (S.I. 2007/1086) The whole Regulations.