Local Government and Elections (Wales) Act 2021

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

(2) In section 25 (term of office and retirement of councillors)—

(a) in subsection (1)—

(i) for “and Part 1” substitute “ , Part 1 ”;

(ii) after “1983” insert “ , and Part 1 of the Local Government and Elections (Wales) Act 2021 ”;

(b) in subsection (2)—

(i) for “divisions” substitute “ wards ”;

(ii) after “2013 (anaw 4)” insert “ , or by regulations under paragraph 9 or 10 of Schedule 1 to the Local Government and Elections (Wales) Act 2021 ”;

(c) in subsection (3) for “division” substitute “ ward ”.

(3) In section 80 (disqualifications for election and holding office as member of local authority)—

(a) in subsection (1), after “local authority”, where it first occurs, insert “ in England ”;

(b) in subsection (2), after “paid officer of a local authority” insert “ in England ”;

(c) omit subsection (3B);

(d) in the heading, for “local authority” substitute “ a local authority in England ”.

(4) In section 86(1)(b) (declaration of vacancy of local authority member), after “otherwise than under” insert “ section 80A(1)(c) of this Act, ”.

(5) In section 87(1)(date of casual vacancies), after paragraph (d) insert—

“(da) in the case of disqualification of a member of a local authority in Wales under paragraph (c) of section 80A(1), on the date on which the person becomes disqualified under that paragraph;”.

(6) In section 89 (filling of casual vacancies in case of councillors), in subsection (6), at the end, insert “ in the case of a parish council or, in the case of a community council, made under section 36A of the 1983 Act ”.

(7) In section 116 (members of local authorities not to be appointed as officers)—

(a) after “local authority”, in both places where it occurs, insert “ in England ”;

(b) in the heading, after “local authorities” insert “ in England ”.

F1 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In this Act, omit paragraph 2 of Schedule 6 (modification of sections 80 and 116 of the 1972 Act relating to assistants to the executive).

Textual Amendments

F1 Sch. 2 para. 1(8) omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 13 para. 12; S.I. 2021/231, art. 6(v)

Commencement Information

I1 Sch. 2 para. 1(1)(2) in force at 20.3.2021, see s. 175(3)(f)

I2 Sch. 2 para. 1(6) in force at 20.3.2021, see s. 175(3)(f)

I3 Sch. 2 para. 1(8) in force at 20.3.2021, see s. 175(3)(f)

I4 Sch. 2 para. 1(3)-(5)(7) in force at 17.11.2021 by S.I. 2021/1249, art. 2(b) (with art. 4)

I5 Sch. 2 para. 1(9) in force at 17.11.2021 by S.I. 2021/1249, art. 2(b)