Local Government (Wales) Measure 2011
2011 mwa 4 · Extends to England and Wales
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:–
Contents
- Part 1: STRENGTHENING LOCAL DEMOCRACY
- Chapter 1: PROMOTING AND SUPPORTING MEMBERSHIP OF LOCAL AUTHORITIES
- Survey of councillors and unsuccessful candidates for election as councillors
- 1Duty to conduct a survey
- 2Completion of a survey and publication of information
- 3Guidance about surveys
- 3APublication of directions about surveys
- Supporting membership
- 4Remote attendance at meetings Repealed
- 5Annual reports by members of a local authority
- 6Timing of council meetings
- 7Training and development of members of a local authority
- Chapter 2: LOCAL AUTHORITY DEMOCRATIC SERVICES
- 8Head of democratic services
- 9Democratic services functions
- 10Duty to adopt standing orders about management of staff
- 11Local authorities to appoint democratic services committees
- 11AReviews at request of a local authority
- 12Membership
- 13Sub-committees
- 14Proceedings etc
- 15Frequency of meetings
- 16Discharging functions
- 17Termination of membership on ceasing to be member of authority
- 18Reports and recommendations by head of democratic services
- 19Reports and recommendations by democratic services committees
- 20Local authority functions not to be delegated
- 21Head of democratic services to be a politically restricted post
- Chapter 3: INTERPRETATION
- 22Meaning of “member”
- Part 2: FAMILY ABSENCE FOR MEMBERS OF LOCAL AUTHORITIES
- 23Right to family absence
- 24Maternity absence
- 25Newborn absence
- 26Adopter's absence
- 27New adoption absence
- 28Parental absence
- 29Regulations: supplemental
- 30Guidance
- 31Amendment of Local Government Act 1972
- 32Amendment of Local Government Act 2000
- 33Interpretation of Part 2
- Part 3: AVAILABLE GOVERNANCE ARRANGEMENTS
- Mayor and council manager executive
- 34Abolition of mayor and council manager executive
- Alternative arrangements
- 35Authorities to replace alternative arrangements with executive arrangements
- 36Consequential provision etc
- Part 4: CHANGES TO EXECUTIVE ARRANGEMENTS
- Chapter 1: ADOPTING A DIFFERENT FORM OF EXECUTIVE
- General provisions
- 37Power to adopt a different form of executive
- 38Proposals for adopting a different form of executive
- 39Contents of proposals
- 40Referendums
- 41Timetable for implementation of proposals: no referendum
- 42Timetable for implementation of proposals: referendum
- 43Publicity for proposals
- 44Implementing proposals
- 45Action if referendum rejects change
- Interpretation
- 46Changes of executive arrangements requiring approval in a referendum
- 47Interpretation
- Chapter 2: OTHER VARIATIONS OF EXISTING EXECUTIVE ARRANGEMENTS
- 48Power to vary the existing form of executive
- 49Proposals for varying the form of executive
- 50Contents of proposals
- 51Implementing proposals
- Chapter 3: SUPPLEMENTARY
- 52Powers under which executive arrangements may be varied
- 53Forms of executive
- 54Consequential provision etc
- Part 5: LOCAL AUTHORITY FUNCTIONS: DISCHARGE BY COMMITTEES AND COUNCILLORS
- Area committees
- 55Area covered and membership
- Exercise of functions by councillors
- 56Exercise of functions by councillors
- 57Consequential provision
- Part 6: OVERVIEW AND SCRUTINY
- Chapter 1: OVERVIEW AND SCRUTINY COMMITTEES
- Joint overview and scrutiny committees
- 58Joint overview and scrutiny committees
- Powers of committees
- 59Scrutinising designated persons Not yet in force
- 60Notifying designated persons of report or recommendations Not yet in force
- 61Designated persons
- Taking into account the views of the public
- 62Taking into account the views of the public
- Powers of councillors
- 63Reference of matters to overview and scrutiny committee etc
- Duty to respond to overview and scrutiny committee
- 64Duty to respond to overview and scrutiny committee
- Provision consequential on sections 63 and 64
- 65Provision consequential on sections 63 and 64
- Appointing persons to chair committees
- 66Provision in standing orders about appointment of persons to chair committees
- 67When appointments to be made by committee
- 68When appointments to be made by non-executive group
- 69How appointments to be made in other cases
- 70Appointments to be made by political groups
- 71Failure to make appointments in accordance with section 70
- 72Changes in composition of executive
- 73Occasional vacancies in committee chairs
- 74Appointment provision determined by authority
- 75Supplementary provision and interpretation
- Co-opted members of overview and scrutiny committees
- 76Guidance and directions about co-option
- Provision of information
- 77Forward plans and other information
- Restricting party control of committees
- 78Prohibition of whipped votes & declaration of party whips
- Overview and scrutiny committee structure
- 79Guidance and directions
- Interpretation
- 80Interpretation of this Chapter
- Chapter 2: GOVERNANCE AND AUDIT COMMITTEES
- 81Local authorities to appoint governance and audit committees
- 82Membership
- 83Proceedings etc
- 84Frequency of meetings
- 85Guidance
- 86Termination of membership on ceasing to be member of authority
- 87Interpretation etc
- Part 7: COMMUNITIES AND COMMUNITY COUNCILS
- Chapter 1: COMMUNITY MEETINGS AND COMMUNITY POLLS
- 88Convening of community meetings by local government electors
- 89Notice of community meeting convened by local government electors
- 90Facility for the provision of electronic notices of the convening of community meetings
- 91Action following receipt of notice of the convening of a community meeting
- 92Public notice of community meeting
- 93Demands for community polls Repealed
- 94Notice to be given by returning officer following taking of a poll consequent on a community meeting Repealed
- 95Determination of monitoring officer as to the council to whose functions a poll relates Repealed
- 96Consideration of result of community poll by community council Repealed
- 97Action to be taken following community council's consideration of results of certain community polls Repealed
- 98Consideration of result of community poll by principal council Repealed
- 99Principal council's explanation of its response to a community poll Repealed
- Chapter 2: ORGANISATION OF COMMUNITIES AND THEIR COUNCILS
- 100Repeal of existing provisions about establishment and dissolution of community councils etc
- 101Power of community meeting to apply for an order establishing a community council
- 102Orders establishing separate community councils for communities
- 103Power of community meeting to apply for an order dissolving its separate community council
- 104Orders dissolving separate community councils for communities
- 105Power of community meeting to apply for an order grouping its community with other communities under a common community council
- 106Orders grouping a community with other communities under a common community council
- 107Power of community meeting to apply for an order adding its community to a group of communities with a common council
- 108Orders adding a community to a group of communities with a common council
- 109Power of council for a group of communities to apply for an order dissolving the group
- 110Orders dissolving a group of communities
- 111Power of community meeting to apply for order separating community from a group of communities
- 112Orders separating a community from a group of communities
- 113Power of Welsh Ministers to alter voting threshold in connection with organisation of community councils
- 114Organisation of communities and their councils: consequential amendments
- 115Transitional provision
- Chapter 3: CO-OPTION OF MEMBERS OF COMMUNITY COUNCILS
- 116Requirement of public notice where vacancies in community council membership are to be filled by co-option
- 117Guidance about giving public notice of co-option
- Chapter 4: APPOINTMENT OF COMMUNITY YOUTH REPRESENTATIVES
- 118Appointment of community youth representatives by community councils
- 119Notice requirements in connection with youth representative appointments
- 120Guidance about appointment of community youth representatives
- 121Effect of appointment as a community youth representative
- Chapter 5: REVIEWS OF COMMUNITY AREAS AND ELECTORAL ARRANGEMENTS
- 122Reports about discharge of a principal council's function of keeping community areas under review
- 123Reports about discharge of a principal council's function of keeping electoral arrangements for communities under review
- 124Exercise of functions by the Local Government Boundary Commission for Wales on behalf of principal councils
- 125Sums payable in respect of reviews carried out by the Local Government Boundary Commission for Wales
- Chapter 6: COMMUNITY COUNCILS' POWERS TO PROMOTE WELL-BEING
- 126Community councils' powers to promote well-being
- 127Modifications of enactments preventing or obstructing a community council from exercising their well-being power Repealed
- 128Transitional provision Repealed
- Chapter 7: GRANTS TO COMMUNITY COUNCILS
- 129Welsh Ministers' power to pay grant to community councils
- Chapter 8: MODEL CHARTER AGREEMENTS BETWEEN LOCAL AUTHORITIES AND COMMUNITY COUNCILS
- 130Power to set out model charter agreement
- 131Directions requiring the adoption of model charter agreements
- 132Guidance about model charter agreements
- 133Consultation
- Chapter 9: SCHEMES FOR THE ACCREDITATION OF QUALITY IN COMMUNITY GOVERNMENT
- 134Schemes for the accreditation of quality in community government Repealed
- 135Accreditation of quality in community government: criteria Repealed
- 136Accreditation of quality in community government: applications Repealed
- 137Accreditation of quality in community government: fees Repealed
- 138Accreditation of quality in community government: removal of accreditation Repealed
- 139Applications for accreditation of quality in community government: delegation of functions Repealed
- 140Accreditation of quality in community government: consequences Repealed
- Part 8: ...PAYMENTS AND PENSIONS
- The Independent Remuneration Panel for Wales
- 141The Panel Repealed
- Principal functions of the Panel
- 142Functions relating to payments to members Repealed
- 143Functions relating to members' pensions Repealed
- 143AFunctions relating to remuneration of chief executives Repealed
- 144Relevant authorities, members etc. Repealed
- Reports by the Panel
- 145Annual reports Repealed
- 146First annual report Repealed
- 147Subsequent annual reports Repealed
- 148Consultation on draft reports Repealed
- 149Directions to vary draft reports Repealed
- 150Administrative requirements in reports Repealed
- 151Publicity requirements in reports Repealed
- 152Publicising reports Repealed
- Payments by relevant authorities
- 153Compliance with Panel's requirements Repealed
- 154Members wishing to forgo payments Repealed
- 155Withholding payments Repealed
- Enforcement
- 156Directions to comply with requirements Repealed
- Supplementary
- 157Guidance Repealed
- 158Power to modify provision about Panel Repealed
- 159Interpretation of Part 8 Repealed
- 160Consequential amendments
- Part 9: COLLABORATION AND AMALGAMATION
- Chapter 1: COLLABORATION
- 161Guidance about collaboration between Welsh improvement authorities
- Chapter 2: AMALGAMATION
- 162Power to make amalgamation order Repealed
- 163Electoral matters Repealed
- 164Requirement to hold a referendum involving an elected mayor Repealed
- 165Power to direct a referendum involving an elected mayor Repealed
- 166Supplementary, incidental, consequential, transitional and saving provision Repealed
- 167Review of electoral arrangements Repealed
- 168Amendments to the Local Government Act 1972 Repealed
- 169Procedure applicable to an amalgamation order Repealed
- 170Correction of orders Repealed
- 171Interpretation of this Chapter Repealed
- Part 10: GENERAL
- 172Orders and regulations
- 173Procedure applicable to certain orders under section 127 Repealed
- 174Guidance and directions
- 175Interpretation
- 176Consequential amendments and repeals
- 177Power to make supplementary provision
- 178Commencement
- 179Short title
- Schedule 1: CHANGE FROM ALTERNATIVE TO EXECUTIVE ARRANGEMENTS Not yet in force
- Part 1: GENERAL PROVISIONS Not yet in force
- Introduction Not yet in force
- 1Paragraph 1 Not yet in force
- Proposals for moving to executive arrangements Not yet in force
- 2Paragraph 2 Not yet in force
- Contents of proposals Not yet in force
- 3Paragraph 3 Not yet in force
- Referendums Not yet in force
- 4Paragraph 4 Not yet in force
- Timetable for implementation of change to leader and cabinet executive (Wales) Not yet in force
- 5Paragraph 5 Not yet in force
- Timetable for implementation of change to mayor and cabinet executive Not yet in force
- 6Paragraph 6 Not yet in force
- Publicity for proposals Not yet in force
- 7Paragraph 7 Not yet in force
- Implementing proposals Not yet in force
- 8Paragraph 8 Not yet in force
- Part 2: OTHER PROVISIONS APPLICABLE WHERE REFERENDUM REQUIRED Not yet in force
- Outline fall-back proposals in case referendum rejects change Not yet in force
- 9Paragraph 9 Not yet in force
- Action if referendum rejects change Not yet in force
- 10Paragraph 10 Not yet in force
- Timetable for implementation of detailed fall-back proposals Not yet in force
- 11Paragraph 11 Not yet in force
- Implementing detailed fall-back proposals Not yet in force
- 12Paragraph 12 Not yet in force
- Part 3: MISCELLANEOUS Not yet in force
- Failure to cease operating alternative arrangements Not yet in force
- 13Paragraph 13 Not yet in force
- Arrangements to be treated as operated after passing of resolution Not yet in force
- 14Paragraph 14 Not yet in force
- Interpretation Not yet in force
- 15Paragraph 15 Not yet in force
- Schedule 2: THE PANEL Repealed
- Membership Repealed
- 1Paragraph 1 Repealed
- Tenure Repealed
- 2Paragraph 2 Repealed
- Meetings Repealed
- 3Paragraph 3 Repealed
- Information Repealed
- 4Paragraph 4 Repealed
- Expenses, administrative support etc. Repealed
- 5Paragraph 5 Repealed
- Schedule 3: PAYMENTS AND PENSIONS: MINOR AND CONSEQUENTIAL AMENDMENTS
- Local Government Act 1972
- 1Paragraph 1
- Local Government and Housing Act 1989
- 2Paragraph 2
- Environment Act 1995
- 3Paragraph 3
- School Standards and Framework Act 1998
- 4Paragraph 4
- Local Government Act 2000
- 5Paragraph 5
- Education Act 2002
- 6Paragraph 6
- Education and Skills Act 2008
- 7Paragraph 7
- Schedule 4: REPEALS AND REVOCATIONS
- A:STRENGTHENING LOCAL DEMOCRACY (PART 1 OF THE MEASURE)
- B:AVAILABLE GOVERNANCE ARRANGEMENTS (PART 3 OF THE MEASURE)
- C:CHANGES TO EXECUTIVE ARRANGEMENTS (PART 4 OF THE MEASURE)
- D:OVERVIEW AND SCRUTINY (PART 6 OF THE MEASURE)
- E:COMMUNITIES AND COMMUNITY COUNCILS (PART 7 OF THE MEASURE)
- F:MEMBERS: PAYMENTS AND PENSIONS (PART 8 OF THE MEASURE)