Local Government and Elections (Wales) Act 2021

134 Restructuring regulations: supplementary E+W

(1) Restructuring regulations may make provision that corresponds to, or applies (with or without modifications) provision made by or under, or that may or must be made under—

(a) Chapter 4 (remuneration arrangements), where the regulations make provision in accordance with section 131(b);

(b) section 127 (elections);

(c) paragraphs 2 and 3 of Schedule 11 (transition committees).

(2) Restructuring regulations may provide for—

(a) the establishment of a committee or other body to provide advice and recommendations to persons specified in the regulations about the transfer of functions, liabilities and property, and about staffing matters;

(b) the establishment of a body corporate for the purpose of taking over, and disposing of, any property, rights or liabilities of a principal council which is to be abolished under the regulations, and exercising any related functions of such a council; and restructuring regulations may—

(i) provide for such a body to acquire property, make levies, borrow and lend money, and

(ii) make provision about the winding up of such a body;

(c) the provision of information or documents by a restructuring council to persons specified in the regulations;

(d) the giving of directions by the Welsh Ministers to persons specified in the regulations for purposes connected to a restructuring, and for their enforcement;

(e) the Welsh Ministers to determine, in circumstances specified in the regulations, matters connected to the restructuring.

(3) If the Welsh Ministers decide not to make restructuring regulations after—

(a) having received a report of a special inspection of a principal council by the Auditor General for Wales under section 95(7) and having consulted as described in section 129(4), or

(b) having received an abolition request,

they must notify the council under consideration and any other principal council they have given notice or consulted as described in section 129.

(4) For the purposes of sections 132 and 133, the voting systems are—

(a) the simple majority system provided for by rules made, or having effect as if made, under section 36A of the 1983 Act;

(b) the single transferable vote system provided for by rules made under section 36A of the 1983 Act.

(5) If, before section 7 comes into force, notice is given as described in section 129(6) and the creation of a new principal area is proposed—

(a) section 133(1) does not apply in relation to the restructuring regulations relating to the notice, and

(b) those regulations must provide that if section 7 is in force on the day of the first ordinary election of councillors to the principal council for the new principal area, the simple majority system applies to that election.

Commencement Information

I1 S. 134 in force at 1.4.2021 by S.I. 2021/297, art. 2(d)