The Local Election Survey (Wales) (Amendment) Regulations 2016

This Welsh Statutory Instrument has been printed in substitution of the WSI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.

Welsh Statutory Instruments

2016 No. 1220 (W. 291)

Local Government, Wales

The Local Election Survey (Wales) (Amendment) Regulations 2016

Made

13 December 2016

Laid before the National Assembly for Wales

15 December 2016

Coming into force

6 January 2017

The Welsh Ministers, in exercise of the powers conferred upon them by sections 1(3)(a) and 175 of the Local Government (Wales) Measure 2011(1), make the following Regulations:

Title and commencement

1.—(1) The title of these Regulations is the Local Election Survey (Wales) (Amendment) Regulations 2016.

(2) These Regulations come into force on 6 January 2017.

Interpretation

2.  In these Regulations—

“the 2012 Regulations” (“Rheoliadau 2012”) means the Local Election Survey (Wales) Regulations 2012(2); and

“the Measure” (“y Mesur”) means the Local Government (Wales) Measure 2011.

Amendments to the 2012 Regulations

3.  For regulation 3 (survey questions and form) of the 2012 Regulations substitute—

“Survey questions and form

3.   For the purposes of section 1(3)(a) of the Measure, the questions and form in which they are to be asked are set out in—

(a) Parts 1, 2 and 4 of the Schedule if the survey is conducted in accordance with section 1(3A)(b) of the Measure; and

(b) Parts 1, 3 and 4 of the Schedule if the survey is conducted in accordance with section 1(3A)(a) of the Measure.”

4.  For the Schedule to the 2012 Regulations (Survey of Local Government Candidates in Wales), substitute the Schedule to these Regulations.

Mark Drakeford

Cabinet Secretary for Finance and Local Government, one of the Welsh Ministers

13 December 2016

Regulation 4

SCHEDULE 1 Survey of Local Government Candidates in Wales

PART 1

PART 2

PART 3

PART 4

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Local Election Survey (Wales) Regulations 2012 (“the 2012 Regulations”).

Section 1 of the Local Government (Wales) Measure 2011 (“the Measure”) imposes a duty on a local authority (a county council or county borough council), to conduct a survey by asking prescribed questions of councillors and candidates who have stood for election as councillors to the council of the county or county borough or to a community council in the local authority’s area. Section 1 was amended by the Local Government (Wales) Act 2015 (“the 2015 Act”) and provides that the survey must be conducted before or after each ordinary election, and removes the requirement for local authorities to arrange for information to be provided anonymously.

The 2012 Regulations prescribe the questions that must be asked. Regulations 3 and 4 amend the 2012 Regulations and insert a new survey into the 2012 Regulations. The amended survey is similar to the survey in the 2012 Regulations, with the addition of unique identifying questions which can be used to establish whether a survey respondent was elected as a councillor. The amendments will also require different questions to be asked depending on whether the survey is being conducted before or after an ordinary election.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained at Democracy, Diversity and Remuneration Team, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

2011 (nawm 4).

(2)

S.I. 2012/685 (W. 93).