OpenLegislation

Local Government (Wales) Measure 2011

2011 mwa 4 · Extends to England and Wales

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 1 April 2025.

See the changes not yet applied
ProvisionChangeMade by
s. 161omittedLocal Government and Elections (Wales) Act 2021 s. 170(2)(a)
s. 83(2)words insertedLocal Government and Elections (Wales) Act 2021 Sch. 6 para. 6(5)

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

  1. Part 1: STRENGTHENING LOCAL DEMOCRACY
  2. Chapter 1: PROMOTING AND SUPPORTING MEMBERSHIP OF LOCAL AUTHORITIES
  3. Survey of councillors and unsuccessful candidates for election as councillors
  4. 1Duty to conduct a survey
  5. 2Completion of a survey and publication of information
  6. 3Guidance about surveys
  7. 3APublication of directions about surveys
  8. Supporting membership
  9. 4Remote attendance at meetings Repealed
  10. 5Annual reports by members of a local authority
  11. 6Timing of council meetings
  12. 7Training and development of members of a local authority
  13. Chapter 2: LOCAL AUTHORITY DEMOCRATIC SERVICES
  14. 8Head of democratic services
  15. 9Democratic services functions
  16. 10Duty to adopt standing orders about management of staff
  17. 11Local authorities to appoint democratic services committees
  18. 11AReviews at request of a local authority
  19. 12Membership
  20. 13Sub-committees
  21. 14Proceedings etc
  22. 15Frequency of meetings
  23. 16Discharging functions
  24. 17Termination of membership on ceasing to be member of authority
  25. 18Reports and recommendations by head of democratic services
  26. 19Reports and recommendations by democratic services committees
  27. 20Local authority functions not to be delegated
  28. 21Head of democratic services to be a politically restricted post
  29. Chapter 3: INTERPRETATION
  30. 22Meaning of “member”
  31. Part 2: FAMILY ABSENCE FOR MEMBERS OF LOCAL AUTHORITIES
  32. 23Right to family absence
  33. 24Maternity absence
  34. 25Newborn absence
  35. 26Adopter's absence
  36. 27New adoption absence
  37. 28Parental absence
  38. 29Regulations: supplemental
  39. 30Guidance
  40. 31Amendment of Local Government Act 1972
  41. 32Amendment of Local Government Act 2000
  42. 33Interpretation of Part 2
  43. Part 3: AVAILABLE GOVERNANCE ARRANGEMENTS
  44. Mayor and council manager executive
  45. 34Abolition of mayor and council manager executive
  46. Alternative arrangements
  47. 35Authorities to replace alternative arrangements with executive arrangements
  48. 36Consequential provision etc
  49. Part 4: CHANGES TO EXECUTIVE ARRANGEMENTS
  50. Chapter 1: ADOPTING A DIFFERENT FORM OF EXECUTIVE
  51. General provisions
  52. 37Power to adopt a different form of executive
  53. 38Proposals for adopting a different form of executive
  54. 39Contents of proposals
  55. 40Referendums
  56. 41Timetable for implementation of proposals: no referendum
  57. 42Timetable for implementation of proposals: referendum
  58. 43Publicity for proposals
  59. 44Implementing proposals
  60. 45Action if referendum rejects change
  61. Interpretation
  62. 46Changes of executive arrangements requiring approval in a referendum
  63. 47Interpretation
  64. Chapter 2: OTHER VARIATIONS OF EXISTING EXECUTIVE ARRANGEMENTS
  65. 48Power to vary the existing form of executive
  66. 49Proposals for varying the form of executive
  67. 50Contents of proposals
  68. 51Implementing proposals
  69. Chapter 3: SUPPLEMENTARY
  70. 52Powers under which executive arrangements may be varied
  71. 53Forms of executive
  72. 54Consequential provision etc
  73. Part 5: LOCAL AUTHORITY FUNCTIONS: DISCHARGE BY COMMITTEES AND COUNCILLORS
  74. Area committees
  75. 55Area covered and membership
  76. Exercise of functions by councillors
  77. 56Exercise of functions by councillors
  78. 57Consequential provision
  79. Part 6: OVERVIEW AND SCRUTINY
  80. Chapter 1: OVERVIEW AND SCRUTINY COMMITTEES
  81. Joint overview and scrutiny committees
  82. 58Joint overview and scrutiny committees
  83. Powers of committees
  84. 59Scrutinising designated persons Not yet in force
  85. 60Notifying designated persons of report or recommendations Not yet in force
  86. 61Designated persons
  87. Taking into account the views of the public
  88. 62Taking into account the views of the public
  89. Powers of councillors
  90. 63Reference of matters to overview and scrutiny committee etc
  91. Duty to respond to overview and scrutiny committee
  92. 64Duty to respond to overview and scrutiny committee
  93. Provision consequential on sections 63 and 64
  94. 65Provision consequential on sections 63 and 64
  95. Appointing persons to chair committees
  96. 66Provision in standing orders about appointment of persons to chair committees
  97. 67When appointments to be made by committee
  98. 68When appointments to be made by non-executive group
  99. 69How appointments to be made in other cases
  100. 70Appointments to be made by political groups
  101. 71Failure to make appointments in accordance with section 70
  102. 72Changes in composition of executive
  103. 73Occasional vacancies in committee chairs
  104. 74Appointment provision determined by authority
  105. 75Supplementary provision and interpretation
  106. Co-opted members of overview and scrutiny committees
  107. 76Guidance and directions about co-option
  108. Provision of information
  109. 77Forward plans and other information
  110. Restricting party control of committees
  111. 78Prohibition of whipped votes & declaration of party whips
  112. Overview and scrutiny committee structure
  113. 79Guidance and directions
  114. Interpretation
  115. 80Interpretation of this Chapter
  116. Chapter 2: GOVERNANCE AND AUDIT COMMITTEES
  117. 81Local authorities to appoint governance and audit committees
  118. 82Membership
  119. 83Proceedings etc
  120. 84Frequency of meetings
  121. 85Guidance
  122. 86Termination of membership on ceasing to be member of authority
  123. 87Interpretation etc
  124. Part 7: COMMUNITIES AND COMMUNITY COUNCILS
  125. Chapter 1: COMMUNITY MEETINGS AND COMMUNITY POLLS
  126. 88Convening of community meetings by local government electors
  127. 89Notice of community meeting convened by local government electors
  128. 90Facility for the provision of electronic notices of the convening of community meetings
  129. 91Action following receipt of notice of the convening of a community meeting
  130. 92Public notice of community meeting
  131. 93Demands for community polls Repealed
  132. 94Notice to be given by returning officer following taking of a poll consequent on a community meeting Repealed
  133. 95Determination of monitoring officer as to the council to whose functions a poll relates Repealed
  134. 96Consideration of result of community poll by community council Repealed
  135. 97Action to be taken following community council's consideration of results of certain community polls Repealed
  136. 98Consideration of result of community poll by principal council Repealed
  137. 99Principal council's explanation of its response to a community poll Repealed
  138. Chapter 2: ORGANISATION OF COMMUNITIES AND THEIR COUNCILS
  139. 100Repeal of existing provisions about establishment and dissolution of community councils etc
  140. 101Power of community meeting to apply for an order establishing a community council
  141. 102Orders establishing separate community councils for communities
  142. 103Power of community meeting to apply for an order dissolving its separate community council
  143. 104Orders dissolving separate community councils for communities
  144. 105Power of community meeting to apply for an order grouping its community with other communities under a common community council
  145. 106Orders grouping a community with other communities under a common community council
  146. 107Power of community meeting to apply for an order adding its community to a group of communities with a common council
  147. 108Orders adding a community to a group of communities with a common council
  148. 109Power of council for a group of communities to apply for an order dissolving the group
  149. 110Orders dissolving a group of communities
  150. 111Power of community meeting to apply for order separating community from a group of communities
  151. 112Orders separating a community from a group of communities
  152. 113Power of Welsh Ministers to alter voting threshold in connection with organisation of community councils
  153. 114Organisation of communities and their councils: consequential amendments
  154. 115Transitional provision
  155. Chapter 3: CO-OPTION OF MEMBERS OF COMMUNITY COUNCILS
  156. 116Requirement of public notice where vacancies in community council membership are to be filled by co-option
  157. 117Guidance about giving public notice of co-option
  158. Chapter 4: APPOINTMENT OF COMMUNITY YOUTH REPRESENTATIVES
  159. 118Appointment of community youth representatives by community councils
  160. 119Notice requirements in connection with youth representative appointments
  161. 120Guidance about appointment of community youth representatives
  162. 121Effect of appointment as a community youth representative
  163. Chapter 5: REVIEWS OF COMMUNITY AREAS AND ELECTORAL ARRANGEMENTS
  164. 122Reports about discharge of a principal council's function of keeping community areas under review
  165. 123Reports about discharge of a principal council's function of keeping electoral arrangements for communities under review
  166. 124Exercise of functions by the Local Government Boundary Commission for Wales on behalf of principal councils
  167. 125Sums payable in respect of reviews carried out by the Local Government Boundary Commission for Wales
  168. Chapter 6: COMMUNITY COUNCILS' POWERS TO PROMOTE WELL-BEING
  169. 126Community councils' powers to promote well-being
  170. 127Modifications of enactments preventing or obstructing a community council from exercising their well-being power Repealed
  171. 128Transitional provision Repealed
  172. Chapter 7: GRANTS TO COMMUNITY COUNCILS
  173. 129Welsh Ministers' power to pay grant to community councils
  174. Chapter 8: MODEL CHARTER AGREEMENTS BETWEEN LOCAL AUTHORITIES AND COMMUNITY COUNCILS
  175. 130Power to set out model charter agreement
  176. 131Directions requiring the adoption of model charter agreements
  177. 132Guidance about model charter agreements
  178. 133Consultation
  179. Chapter 9: SCHEMES FOR THE ACCREDITATION OF QUALITY IN COMMUNITY GOVERNMENT
  180. 134Schemes for the accreditation of quality in community government Repealed
  181. 135Accreditation of quality in community government: criteria Repealed
  182. 136Accreditation of quality in community government: applications Repealed
  183. 137Accreditation of quality in community government: fees Repealed
  184. 138Accreditation of quality in community government: removal of accreditation Repealed
  185. 139Applications for accreditation of quality in community government: delegation of functions Repealed
  186. 140Accreditation of quality in community government: consequences Repealed
  187. Part 8: ...PAYMENTS AND PENSIONS
  188. The Independent Remuneration Panel for Wales
  189. 141The Panel Repealed
  190. Principal functions of the Panel
  191. 142Functions relating to payments to members Repealed
  192. 143Functions relating to members' pensions Repealed
  193. 143AFunctions relating to remuneration of chief executives Repealed
  194. 144Relevant authorities, members etc. Repealed
  195. Reports by the Panel
  196. 145Annual reports Repealed
  197. 146First annual report Repealed
  198. 147Subsequent annual reports Repealed
  199. 148Consultation on draft reports Repealed
  200. 149Directions to vary draft reports Repealed
  201. 150Administrative requirements in reports Repealed
  202. 151Publicity requirements in reports Repealed
  203. 152Publicising reports Repealed
  204. Payments by relevant authorities
  205. 153Compliance with Panel's requirements Repealed
  206. 154Members wishing to forgo payments Repealed
  207. 155Withholding payments Repealed
  208. Enforcement
  209. 156Directions to comply with requirements Repealed
  210. Supplementary
  211. 157Guidance Repealed
  212. 158Power to modify provision about Panel Repealed
  213. 159Interpretation of Part 8 Repealed
  214. 160Consequential amendments
  215. Part 9: COLLABORATION AND AMALGAMATION
  216. Chapter 1: COLLABORATION
  217. 161Guidance about collaboration between Welsh improvement authorities
  218. Chapter 2: AMALGAMATION
  219. 162Power to make amalgamation order Repealed
  220. 163Electoral matters Repealed
  221. 164Requirement to hold a referendum involving an elected mayor Repealed
  222. 165Power to direct a referendum involving an elected mayor Repealed
  223. 166Supplementary, incidental, consequential, transitional and saving provision Repealed
  224. 167Review of electoral arrangements Repealed
  225. 168Amendments to the Local Government Act 1972 Repealed
  226. 169Procedure applicable to an amalgamation order Repealed
  227. 170Correction of orders Repealed
  228. 171Interpretation of this Chapter Repealed
  229. Part 10: GENERAL
  230. 172Orders and regulations
  231. 173Procedure applicable to certain orders under section 127 Repealed
  232. 174Guidance and directions
  233. 175Interpretation
  234. 176Consequential amendments and repeals
  235. 177Power to make supplementary provision
  236. 178Commencement
  237. 179Short title
  238. Schedule 1: CHANGE FROM ALTERNATIVE TO EXECUTIVE ARRANGEMENTS Not yet in force
  239. Part 1: GENERAL PROVISIONS Not yet in force
  240. Introduction Not yet in force
  241. 1Paragraph 1 Not yet in force
  242. Proposals for moving to executive arrangements Not yet in force
  243. 2Paragraph 2 Not yet in force
  244. Contents of proposals Not yet in force
  245. 3Paragraph 3 Not yet in force
  246. Referendums Not yet in force
  247. 4Paragraph 4 Not yet in force
  248. Timetable for implementation of change to leader and cabinet executive (Wales) Not yet in force
  249. 5Paragraph 5 Not yet in force
  250. Timetable for implementation of change to mayor and cabinet executive Not yet in force
  251. 6Paragraph 6 Not yet in force
  252. Publicity for proposals Not yet in force
  253. 7Paragraph 7 Not yet in force
  254. Implementing proposals Not yet in force
  255. 8Paragraph 8 Not yet in force
  256. Part 2: OTHER PROVISIONS APPLICABLE WHERE REFERENDUM REQUIRED Not yet in force
  257. Outline fall-back proposals in case referendum rejects change Not yet in force
  258. 9Paragraph 9 Not yet in force
  259. Action if referendum rejects change Not yet in force
  260. 10Paragraph 10 Not yet in force
  261. Timetable for implementation of detailed fall-back proposals Not yet in force
  262. 11Paragraph 11 Not yet in force
  263. Implementing detailed fall-back proposals Not yet in force
  264. 12Paragraph 12 Not yet in force
  265. Part 3: MISCELLANEOUS Not yet in force
  266. Failure to cease operating alternative arrangements Not yet in force
  267. 13Paragraph 13 Not yet in force
  268. Arrangements to be treated as operated after passing of resolution Not yet in force
  269. 14Paragraph 14 Not yet in force
  270. Interpretation Not yet in force
  271. 15Paragraph 15 Not yet in force
  272. Schedule 2: THE PANEL Repealed
  273. Membership Repealed
  274. 1Paragraph 1 Repealed
  275. Tenure Repealed
  276. 2Paragraph 2 Repealed
  277. Meetings Repealed
  278. 3Paragraph 3 Repealed
  279. Information Repealed
  280. 4Paragraph 4 Repealed
  281. Expenses, administrative support etc. Repealed
  282. 5Paragraph 5 Repealed
  283. Schedule 3: PAYMENTS AND PENSIONS: MINOR AND CONSEQUENTIAL AMENDMENTS
  284. Local Government Act 1972
  285. 1Paragraph 1
  286. Local Government and Housing Act 1989
  287. 2Paragraph 2
  288. Environment Act 1995
  289. 3Paragraph 3
  290. School Standards and Framework Act 1998
  291. 4Paragraph 4
  292. Local Government Act 2000
  293. 5Paragraph 5
  294. Education Act 2002
  295. 6Paragraph 6
  296. Education and Skills Act 2008
  297. 7Paragraph 7
  298. Schedule 4: REPEALS AND REVOCATIONS
  299. A:STRENGTHENING LOCAL DEMOCRACY (PART 1 OF THE MEASURE)
  300. B:AVAILABLE GOVERNANCE ARRANGEMENTS (PART 3 OF THE MEASURE)
  301. C:CHANGES TO EXECUTIVE ARRANGEMENTS (PART 4 OF THE MEASURE)
  302. D:OVERVIEW AND SCRUTINY (PART 6 OF THE MEASURE)
  303. E:COMMUNITIES AND COMMUNITY COUNCILS (PART 7 OF THE MEASURE)
  304. F:MEMBERS: PAYMENTS AND PENSIONS (PART 8 OF THE MEASURE)