Elections and Elected Bodies (Wales) Act 2024

49 Deadline for completion of implementation

(1) The 2013 Act is amended as follows.

(2) In section 37 (implementation by the Welsh Ministers)—

(a) in subsection (1)(b), after “action” insert “on any recommendation”;

(b) after subsection (4) insert—

“(5) The Welsh Ministers must use their best endeavours to make a decision on each recommendation received by them, of the kind described in subsection (1), before the end of a period of 3 months beginning at the end of the period specified by subsection (3A).

(6) The Welsh Ministers must publish a statement setting out their decision in respect of each recommendation; and the date on which the statement is published is to be treated as the date of the decision for the purposes of subsection (5).

(7) If the Welsh Ministers fail to comply with the duty in subsection (5), the failure to comply does not affect the validity of any order under subsection (1)(a) or any decision to take no action under subsection (1)(b).”

(3) In section 38 (implementation of community boundary change), after subsection (4) insert—

“(5) The Commission must use its best endeavours to make a decision on each recommendation received by it, of the kind described in subsection (1), before the end of a period of 3 months beginning at the end of the period specified by subsection (2A).

(6) The Commission must publish a statement setting out its decision in respect of each recommendation; and the date on which the statement is published is to be treated as the date of the decision.

(7) If the Commission fails to comply with the duty in subsection (5), the failure to comply does not affect the validity of any order under subsection (1)(a) or (b) or any review under subsection (1)(c).”

(4) In section 39 (implementation of community electoral arrangements change)—

(a) after subsection (4B) (inserted by section 43(4)) insert—

“(4C) The principal council must use its best endeavours to make a decision on each recommendation received by it, of the kind described in subsection (3), before the end of a period of 3 months beginning at the end of the period specified by subsection (4A).

(4D) The principal council must publish a statement setting out its decision in respect of each recommendation; and the date on which the statement is published is to be treated as the date of the decision.

(4E) If a principal council fails to comply with the duty in subsection (4C), the failure to comply does not affect the validity of any order under subsection (3)(a) or (b) or any decision or notification under subsection (3)(c).”

(b) in subsection (6), in paragraph (b), for “6 months beginning with the date on which the council received the Commission’s recommendations” substitute “3 months beginning with the end of period specified by subsection (4C)”.