(1)The 2013 Act is amended as follows.
(2)In section 30 (considerations for a review of principal area electoral arrangements), for subsection (1) substitute—
“(1)When considering whether to make recommendations for changes to the electoral arrangements of a principal area, the Commission must have regard to the following factors—
(a)the desirability of having a ratio of local government electors to the number of members of the council to be elected that is the same, or nearly the same, in every electoral ward of the principal area;
(b)special geographical considerations, including in particular the size, shape and accessibility of an electoral ward;
(c)any local ties (including local ties connected to the use of the Welsh language) that would be broken by such changes.”
Commencement Information
I1S. 40 in force at 9.11.2024, see s. 72(2)(a)
(1)The 2013 Act is amended as follows.
(2)In section 29 (review of electoral arrangements for principal area)—
(a)in subsection (3)—
(i)for paragraph (a) substitute—
“(a)the period of 12 years beginning on 30 September 2023, and”;
(ii)in paragraph (b), for “10” substitute “12”;
(b)after subsection (3), insert—
“(3A)The Welsh Ministers may by regulations amend subsection (3).”
(3)In section 71(2) (orders and regulations), after paragraph (ba) (inserted by paragraph 1(4)(b) of Part 1 of Schedule 1 to this Act) insert—
“(bb)regulations under section 29(3A),”.
(4)In the Local Government and Elections (Wales) Act 2021 (asc 1), in section 138 (reviews of electoral arrangements), omit subsection (6).
Commencement Information
I2S. 41 in force at 9.11.2024, see s. 72(2)(a)
In section 28 of the 2013 Act (review of seaward boundaries), after subsection (2) insert—
“(3)A review under this section may review the boundary of more than one local government area.”
Commencement Information
I3S. 42 in force at 9.11.2024, see s. 72(2)(a)
(1)The 2013 Act is amended as follows.
(2)In section 37 (implementation by the Welsh Ministers), for subsection (3) substitute—
“(3A)The Welsh Ministers must not exercise their functions under subsection (1) before the end of the period of 6 weeks beginning with the day on which the Welsh Ministers receive the recommendations.
(3B)In exercising their functions under subsection (1), the Welsh Ministers must have regard to any representations made by any person on the recommendations and received by the Welsh Ministers during the period of 6 weeks beginning with the day on which the Welsh Ministers receive the recommendations.”
(3)In section 38 (implementation of community boundary change), for subsection (2) substitute—
“(2A)The Commission must not exercise its functions under subsection (1) before the end of the period of 6 weeks beginning with the day on which the Commission receives the recommendations.
(2B)In exercising its functions under subsection (1), the Commission must have regard to any representations made by any person on the recommendations and received by the Commission during the period of 6 weeks beginning with the day on which the Commission receive the recommendations.”
(4)In section 39 (implementation of community electoral arrangements change), for subsection (4) substitute—
“(4A)The Council must not exercise its functions under subsection (3) before the end of the period of 6 weeks beginning with the day on which the Council receives the recommendations.
(4B)In exercising its functions under subsection (1) or (3), the Council must have regard to any representations made by any person on the recommendations and received by the Council during the period of 6 weeks beginning with the date on which the Council publishes the report (for functions in subsection (1)) or receives the recommendations (for functions under subsection (3)).”
Commencement Information
I4S. 43 in force at 9.11.2024, see s. 72(2)(a)
(1)The 2013 Act is amended as follows.
(2)After section 36 (reporting on review) insert—
(1)Subsection (2) applies to a review report under this Part so far as it relates to—
(a)an electoral ward that has different names (in any respect) for the purposes of identifying the ward in communication through Welsh and English;
(b)a proposal for an electoral ward to have different names in any respect for the purposes of identifying the ward in communication through Welsh and English.
(2)The Commission or the principal council (as the case may be) must specify both names or proposed names for the electoral ward in each language version of a report under section 35(2), 36(3) or 36(4).
(3)Before making a report under section 35(2), 36(3) or 36(4), the Commission or a principal council (as the case may be) must have regard, in particular, to any representations received from the Welsh Language Commissioner on the orthography of the name or proposed name of an electoral ward to which the report relates.
(4)In this section “each language version means the Welsh version and the English version.”
Commencement Information
I5S. 44 in force at 9.11.2024, see s. 72(2)(a)
(1)The 2013 Act is amended as follows.
(2)In section 34 (pre-review procedure), in subsection (1)(a), after “attention of” insert “members of the public affected by the review,”.
(3)In section 35 (consultation and investigation)—
(a)in subsection (1), after “must—” insert—
“(za)consult members of the public in the area affected by the review,”;
(b)in subsection (3)—
(i)after paragraph (a) insert—
“(aa)publicise the fact that representations relating to the review may be made to the reviewing body during the public consultation period,
(ab)indicate in the publicity when the public consultation period begins and ends,”;
(ii)in paragraph (b) for “period for representations” substitute “public consultation period”;
(iii)in paragraph (d) omit “, and”;
(iv)omit paragraph (e);
(v)for subsection (4) substitute—
“(4)In subsection (3), the “public consultation period means a period of at least 6 weeks and no more than 12 weeks determined by the reviewing body, which may not begin before the end of a period of 7 days beginning with the day on which the report is published.”
(4)In section 36 (reporting on review), in subsection (1), for “period for representations” substitute “public consultation period”.
Commencement Information
I6S. 45 in force at 9.11.2024, see s. 72(2)(a)
(1)The 2013 Act is amended as follows.
(2)In section 34(3) (pre-review procedure), after paragraph (c) insert—
“(ca)the National Park authority for a National Park in an area affected by the review,
(cb)the Port Health authority constituted under section 2 of the Public Health (Control of Disease) Act 1984 (c. 22) for a port health district in an area affected by the review,
(cc)the Welsh Language Commissioner,”.
Commencement Information
I7S. 46 in force at 9.11.2024, see s. 72(2)(a)
(1)The 2013 Act is amended as follows.
(2)In section 29(8) (review of electoral arrangements for principal area), for “9” substitute “12”.
(3)In section 37 (implementation by the Welsh Ministers), after subsection (2) insert—
“(2A)The Welsh Ministers must not, in any period of 6 months preceding the day of an ordinary council election under section 26 of the 1972 Act (elections of councillors), exercise their functions under subsection (1).”
Commencement Information
I8S. 47 in force at 9.11.2024, see s. 72(2)(a)
(1)The 2013 Act is amended as follows.
(2)After section 36A (proposals for names of electoral wards: review reports) (inserted by section 44) insert—
(1)Before conducting a review under this Part, the Commission or, as the case may be, a principal council must publish a statement specifying the day on which the review begins.
(2)The Commission must, in relation to a review it conducts under section 23, 27 or 29, use its best endeavours to publish its further report on the review in accordance with section 36(5)(b) before the end of a period of 12 months beginning with the day specified under subsection (1).
(3)The Commission must, in relation to a review it conducts under section 28, use its best endeavours to publish its further report on the review in accordance with section 36(5)(b) before the end of a period of 18 months beginning with the day specified under subsection (1).
(4)The Commission must, in relation to a review it conducts under section 26 or 32, use its best endeavours to publish its further report on the review in accordance with section 36(5)(b) before the end of a period of 24 months beginning with the day specified under subsection (1).
(5)A principal council must, in relation to a review it conducts under section 25 or 31, use its best endeavours to publish its further report on the review in accordance with section 36(5)(b) before the end of a period of 24 months beginning with the day specified under subsection (1).
(6)If a reviewing body fails to comply with a duty imposed by this section in relation to a review, the body’s failure to comply does not affect the validity of the review for the purposes of this Act.”
Commencement Information
I9S. 48 in force at 9.11.2024, see s. 72(2)(a)
(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)”.
Commencement Information
I10S. 49 in force at 9.11.2024, see s. 72(2)(a)
(1)The 2013 Act is amended as follows.
(2)In section 48 (directions and guidance relating to Part 3)—
(a)in subsection (2), after paragraph (e) insert—
“(f)to pause a review it conducts under this Part for a period specified in the direction or until a further direction is given.”;
(b)in subsection (5), after paragraph (b) insert—
“(c)to pause a review it conducts under this Part for a period specified in the direction or until a further direction is given.”;
(c)after subsection (9), insert—
“(10)The Welsh Ministers must not use the powers of direction under this Act to pause a review for more than 9 months, whether the pause is one period of 9 months or more than one period totalling 9 months.
(11)Any period during which the Commission or a principal council is directed under this Act to pause a review is not to be taken into account for the purpose of calculating the length of the periods mentioned in subsections (2) to (5) of section 36B.”
Commencement Information
I11S. 50 in force at 9.11.2024, see s. 72(2)(a)
(1)The 2013 Act is amended as follows.
(2)In section 22 (duties of principal councils in relation to area), for subsections (5) and (6) substitute—
“(5)Before 1 July in each year, a principal council must publish a report on the performance of its functions under this Part and section 76 of the 1972 Act (change of name of community) in the previous year, so far as the functions relate to—
(a)community names,
(b)community boundary changes,
(c)community council changes, and
(d)community electoral arrangements.
(6)A principal council must send a copy of each report it publishes to the Commission and the Welsh Ministers.
(7)In subsection (5), “year means the period of 12 months beginning with 1 April.”
(3)In section 31 (review of electoral arrangements for community by principal council)—
(a)before subsection (1) insert—
“(A1)A principal council must conduct a review of the electoral arrangements for each community in its area at least once in every review period.
(A2)In subsection (A1), “review period” means—
(a)the period of 12 years beginning with the day on which section 51 of the Elections and Elected Bodies (Wales) Act 2024 comes into force, and
(b)each subsequent period of 12 years.
(A3)The Welsh Ministers may by regulations amend subsection (A2).”;
(b)in subsection (1), after “may” insert “also”.
(4)In section 33(3) (considerations for a review of community electoral arrangements)—
(a)for paragraph (b) substitute—
“(b)special geographical considerations, including in particular the size, shape and accessibility of a community ward, and”;
(b)in paragraph (c), after “ties” insert “(including local ties connected to the use of the Welsh language)”.
(5)In section 71(2) (orders and regulations), after section (bb) (inserted by section 41(3) of this Act) insert—
“(bc)regulations under section 31(A3),”.
Commencement Information
I12S. 51 in force at 9.11.2024, see s. 72(2)(a)
(1)The Local Government Act 1972 (c. 70) is amended as follows.
(2)In section 245B (community having the status of a town), after subsection (7) insert—
“(7A)The community council must give notice electronically in writing of any resolution passed under subsection (1) or (6) to the following bodies—
(a)the Welsh Ministers,
(b)the principal council for the area in which the community is situated, and
(c)the Democracy and Boundary Commission Cymru.”
Commencement Information
I13S. 52 in force at 9.11.2024, see s. 72(2)(a)
(1)The 2013 Act is amended as follows.
(2)After section 49 (local inquiries), insert—
(1)A principal council must publish and maintain on its website—
(a)a copy of each order it makes under this Part;
(b)a copy of each order relating to its area made by the Commission under this Part;
(c)a copy of, or a link to, each statutory instrument containing an order relating to its area made by the Welsh Ministers under this Part.
(2)The Commission must publish and maintain on its website—
(a)a copy of each order made by a principal council under this Part;
(b)a copy of each order the Commission makes under this Part;
(c)a copy of, or a link to, each statutory instrument containing an order made by the Welsh Ministers under this Part;
(d)a copy of, or a link to, each statutory instrument containing an order made by the Secretary of State under this Part.
(3)A principal council must send a copy of each order it makes under this Part to the Commission.
(4)The Commission must send to a principal council a copy of each order it makes under this Part affecting the area of the principal council.
(5)The Welsh Ministers must—
(a)notify a principal council of each order they make under this Part affecting the area of the principal council;
(b)notify the Commission of each order they make under this Part.
(6)The duties in subsections (1) and (2) apply to orders made after the coming into force of this section.”
Commencement Information
I14S. 53 in force at 9.11.2024, see s. 72(2)(a)
(1)The 2013 Act is amended as follows.
(2)After section 49ZA (inserted by section 53), insert—
(1)A principal council must publish and maintain on its website an up-to date list of all communities and community councils in its area with their current names.
(2)The Commission must publish and maintain on its website an up-to date list of all communities and community councils in Wales with their current names.
(3)If a community or community council has different names for the purpose of communication through the medium of the Welsh language and the English language, both names must be included in a list required to be published under this section.”
Commencement Information
I15S. 54 in force at 9.11.2024, see s. 72(2)(a)
(1)A review being conducted under Part 3 of the 2013 Act at the time of the coming into force of this Chapter is to be completed as if the amendments made by this Chapter had not been made.
(2)The provisions of Part 3 of the 2013 Act (and any orders or regulations made under that Part) continue in effect for the purpose of such reviews as the provisions of that Part (and any orders or regulations made under that Part) had effect immediately before the coming into force of this Chapter.
Commencement Information
I16S. 55 in force at 9.11.2024, see s. 72(2)(a)
Prospective
In the Local Government (Wales) Measure 2011 (nawm 4) (Independent Remuneration Panel for Wales: functions relating to remuneration of members), omit sections 141 to 159 and Schedule 2.
Commencement Information
I17S. 56 not in force at Royal Assent, see s. 72(4)
(1)The 2013 Act is amended as follows.
(2)After section 69 insert—
(1)For the financial year beginning 1 April 2025 and for each following financial year, the Commission must decide the relevant matters for which a relevant authority—
(a)is required to make payments to members of the authority;
(b)is authorised to make payments to members of the authority.
(2)In this Part relevant matters are—
(a)matters relating to the official business of members of relevant authorities;
(b)periods of family absence under Part 2 of the 2011 Measure.
(3)When making a decision under subsection (1) the Commission must set for each relevant matter one of the following—
(a)the amount that a relevant authority must pay to a member of the authority;
(b)the maximum amount that a relevant authority may pay to a member of the authority.
(4)The Commission may decide that payments in respect of a relevant matter or matters may not be paid to more than a fixed proportion or specified number of the members of a relevant authority.
(5)The proportion fixed by the Commission under subsection (4) may not exceed 50% unless the Welsh Ministers give their consent.
(6)The number specified by the Commission under subsection (4), expressed as a proportion of the total number of members of a relevant authority, may not exceed 50% unless the Welsh Ministers give their consent.
(7)The Commission may set—
(a)the maximum percentage or other rate by which a relevant authority may adjust for a financial year the amounts that had effect in respect of relevant matters for the financial year preceding that year;
(b)an index by reference to which a relevant authority may adjust for a financial year the amounts that had effect in respect of such of the relevant matters for the previous year as the Commission decides.
(8)The powers under subsection (7) may be exercised to—
(a)set a rate and an index in relation to the same matter;
(b)set different rates or indices in relation to different matters.
(9)When setting an amount under subsection (3), making a determination under subsection (4) or setting a rate or index under subsection (7), the Commission must take into account what it considers will be the likely financial impact of doing so on relevant authorities.
(10)The Commission may make different decisions under subsection (1), set different amounts under subsection (3), make different determinations under subsection (4), or set different rates or indices under subsection (7), in relation to relevant authorities of different descriptions or different relevant authorities of the same description.
(11)For the purposes of subsection (2) a matter relates to the official business of a member of a relevant authority if it is a matter which a member undertakes—
(a)as a member of a relevant authority, or
(b)as a member of a body to which the member is appointed by, or following nomination by, the relevant authority or a group of bodies including the relevant authority.
(12)In this section and in section 69E “financial year” means a period of 12 months ending with 31 March.
(1)This section applies in relation to members of relevant authorities who—
(a)are not co-opted members, and
(b)are for the time being eligible for membership of a pension scheme in accordance with regulations under section 7 of the Superannuation Act 1972 (c. 11) (local government pension schemes).
(2)The Commission must decide the descriptions of members in respect of whom a relevant authority is required to pay a pension (a “relevant pension”).
(3)The Commission must decide the relevant matters in respect of which a relevant authority is required to pay a relevant pension.
(4)The Commission may make different decisions in relation to relevant authorities of different descriptions or different relevant authorities of the same description.
(1)This section applies for the purposes of this Part.
(2)An authority is a relevant authority if it is—
(a)a local authority;
(b)a National Park authority for a National Park in Wales;
(c)a Welsh fire and rescue authority, that is an authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies;
(d)a corporate joint committee;
(e)a body specified as a relevant authority in regulations made by the Welsh Ministers.
(3)A reference to a description of a relevant authority is to be read with subsection (2).
(4)“Member”, in relation to a relevant authority, includes—
(a)an elected mayor of the authority (within the meaning of section 39(1) of the Local Government Act 2000),
(b)an elected executive member of the authority (within the meaning of section 39(4) of that Act),
(c)a co-opted member of the authority, and
(d)a person who is a member of a sub-committee of a corporate joint committee and is entitled to vote on any question to be decided by that sub-committee.
(5)“Co-opted member”, in relation to a relevant authority other than a corporate joint committee, means a person who is not a member of the authority (except by virtue of subsection (4)) but—
(a)is a member of a committee or sub-committee of the authority or is a member of, and represents the authority on, a joint committee or joint sub-committee of the authority, and
(b)is entitled to vote on questions for decision at meetings of that committee or sub-committee.
(6)A body may only be specified as a relevant authority in regulations under subsection (2)(e) if—
(a)the Welsh Ministers exercise functions in respect of it,
(b)it exercises a function conferred by a Measure or Act of Senedd Cymru, or a function that could be conferred by an Act of Senedd Cymru (including a function that could be conferred only with the consent of a Minister of the Crown), and
(c)its membership includes at least one member of an authority described in subsection (2)(a) to (d).
(7)Sections 69A(4), 69B, 69E(4)(d) and 69O do not apply in relation to a relevant authority described in subsection (2)(d) or (e).
(8)In this section “corporate joint committee” means a committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1).
(1)A resettlement payment is a payment to a person who—
(a)ceases to be a member of a local authority at the end of their term of office,
(b)when in office was a member of a local authority of a description specified in regulations made by the Welsh Ministers,
(c)stands for re-election for membership of the same authority in the ordinary election of the local authority for the term following the term of office, and
(d)is not returned as a member at that election.
(2)The Commission must decide—
(a)the circumstances in which a local authority is required to make a resettlement payment;
(b)the circumstances in which a local authority is authorised to make a resettlement payment;
(c)the matters in respect of which a resettlement payment is payable.
(3)When making a decision under subsection (2) the Commission must set—
(a)the qualifying conditions for payment;
(b)the amount a local authority is required to pay;
(c)the maximum amount a local authority may pay to a member;
(d)a mechanism by which the amount of payments set under paragraph (b) or (c) may be increased or decreased;
(e)requirements on how payments are to be made (and their frequency).
(4)The Commission must make arrangements to review any decision it makes under subsection (2) and, if it thinks appropriate, may revise its decision.
(5)When making a decision under this section the Commission must take into account the likely financial impact of its decision on local authorities.
(6)When making a decision under subsection (2) the Commission may make different provision in relation to local authority members of different descriptions or different members of the same description.
(7)The Commission must make a decision under subsection (2) before each ordinary election of the local authority, beginning with the election that is to be held in May 2027 and must review the decision before each subsequent ordinary election.
(8)Subsection (7) applies only if the Welsh Ministers make regulations under subsection (1)(b).
(1)The Commission must prepare and publish a report (an “annual remuneration report”) about the exercise of its functions under this Part in respect of each financial year.
(2)An annual remuneration report must set out the requirements imposed on relevant authorities by the Commission under sections 69A, 69B and 69D.
(3)An annual remuneration report must be published no later than—
(a)28 February in the financial year before the financial year to which the report relates, or
(b)such later date as the Commission and the Welsh Ministers may agree.
(4)An annual remuneration report must set out—
(a)the relevant matters,
(b)the amounts set under section 69A(3),
(c)the proportion or number determined under section 69A(4),
(d)the members or descriptions of members of relevant authorities to or in respect of whom relevant authorities will be required to pay a relevant pension,
(e)the relevant matters in respect of which a relevant pension is payable,
(f)any percentage, rate or index set under section 69A(7) and the relevant matter to which it relates, and
(g)any decision about resettlement payments under section 69D.
(1)After publishing an annual remuneration report but before publishing the next report, the Commission may prepare and publish one or more supplementary remuneration reports to the annual remuneration report (“a supplementary remuneration report”).
(2)The supplementary remuneration report may—
(a)vary the provision made in the annual remuneration report under section 69E(4);
(b)make any provision that the annual remuneration report could have made under section 69E(4).
(1)Before publishing an annual remuneration report or a supplementary remuneration report under section 69E or 69F, the Commission must—
(a)send a draft of the report it proposes to make to—
(i)the Welsh Ministers,
(ii)the relevant authorities that are required or authorised by the Commission to make payment to their members in respect of relevant matters, and
(iii)such other persons as the Commission considers appropriate,
(b)publish the draft report as soon as practicable after sending it.
(2)When preparing an annual remuneration report or a supplementary remuneration report under section 69E or 69F, the Commission must take into account—
(a)the last annual remuneration report and any supplementary remuneration reports relating to the last annual remuneration report;
(b)representations received about the reports referred to in paragraph (a) and the draft reports referred to in subsection (1).
(3)The provisions of an annual or supplementary remuneration report under section 69E or 69F have effect on the date specified for that purpose in the report.
(4)But where a supplementary remuneration report contains provision made under section 69F(2) varying a provision made under section 69E(4)(a), (b) or (c), the supplementary remuneration report may specify that the provision is to be treated as having effect up to 3 months earlier than the date of publication of the supplementary remuneration report.
(1)The Welsh Ministers may direct the Commission to reconsider a provision of a draft annual or draft supplementary remuneration report.
(2)A direction under this section must specify—
(a)the provision,
(b)the reason for giving the direction, and
(c)the date by which the Welsh Ministers require the Commission to respond.
(3)The Commission—
(a)must respond to the direction no later than the date specified in the direction;
(b)must not publish the report before responding to the direction.
(4)If the Commission decides not to vary the draft report in response to the direction, it must specify in its response the reason for its decision.
(1)The Commission must not publish an annual remuneration report under section 69E before the end of the period of 12 weeks beginning with the day on which it sends a draft of the report under section 69G(1)(a)(i).
(2)The Commission must not publish a supplementary remuneration report—
(a)before the end of the period of 8 weeks beginning with the day on which it sends a draft of the report in accordance with section 69G(1)(a)(i), or
(b)later than the end of the period of 12 weeks beginning with the day on which it sends a draft of the report in accordance with section 69G(1)(a)(i).
(3)Subsections (1) and (2) are subject to section 69H(3)(b) (publishing of report permitted only if Commission has responded to direction).
(4)The Commission must publish each annual remuneration report, supplementary remuneration report, and draft report prepared under this Part on its website, and in any other way the Commission considers appropriate.
(5)Copies of anything published under subsection (4) may be supplied free of charge or on payment of such fee, not exceeding the cost of supplying the copy, as the Commission may determine.
(6)As soon as reasonably practicable after publishing an annual remuneration report or supplementary remuneration report, the Commission must notify the persons it considers likely to be affected by it of how they can access the report or obtain a copy of it.
(1)An annual remuneration report may include the Commission’s requirements for—
(a)avoiding duplication of—
(i)payments in respect of relevant matters, and
(ii)requests for payment in respect of the same relevant matters under section 69A(2)(a);
(b)keeping records of—
(i)requests for payments in respect of relevant matters;
(ii)payments made in respect of relevant matters;
(iii)payments made in respect of relevant pensions;
(iv)resettlement payments made under section 69D.
(2)An annual remuneration report must set out the Commission’s requirements in relation to how a relevant authority determines which relevant authority is required to make a payment in a case where a member of a relevant authority does something—
(a)for which a payment in respect of a relevant matter must be made, and
(b)which relates to another relevant authority (as well as the authority to which the member belongs).
(1)An annual remuneration report may set out the Commission’s requirements for relevant authorities to publish information about—
(a)payments made in respect of relevant matters;
(b)payments made in respect of relevant pensions;
(c)resettlement payments made under section 69D;
(d)other payments made to members of relevant authorities from other public bodies.
(2)For the purposes of sub-paragraph (1)(d), a “public body” is—
(a)a local health board;
(b)a police and crime panel;
(c)a relevant authority;
(d)a body designated as a public body in regulations made by the Welsh Ministers.
(3)The Commission may require different publishing arrangements to be made by authorities of different descriptions or different authorities of the same description.
(1)A relevant authority must comply with any requirement set out in an annual remuneration report or supplementary remuneration report.
(2)The Commission may monitor the making of payments by relevant authorities in respect of relevant matters; and may require a relevant authority to provide it with information about—
(a)the matters which are relevant matters in relation to the authority;
(b)requests to the authority for payments in respect of relevant matters;
(c)payments made by the authority in respect of relevant matters.
(3)The Commission may monitor the making of payments by relevant authorities in respect of relevant pensions and may require a relevant authority to provide it with information about—
(a)the members of the authority to or in respect of whom the authority is required to pay relevant pensions;
(b)payments made by the authority in respect of relevant pensions.
(4)The Commission may monitor the making of resettlement payments by local authorities and may require a local authority to provide it with information about—
(a)the former members of the local authority to or in respect of whom the authority is required to pay a resettlement payment;
(b)resettlement payments made by the local authority.
(1)If the Welsh Ministers are satisfied that a relevant authority has failed to comply with a requirement in an annual or supplementary remuneration report made under this Part, they may direct the authority to comply with the requirement.
(2)A direction under this section must specify—
(a)the requirement;
(b)the reason for giving the direction;
(c)the steps that the Welsh Ministers require the authority to take;
(d)the date by which the Welsh Ministers require the authority to take the steps.
(1)This section applies if a person elects, by notice in writing given to the proper officer of the authority, to forgo (either completely or to the extent specified in the notice) entitlement to payments in respect of the relevant matters, or resettlement payment, specified in the notice.
(2)The requirement imposed on the authority by section 69A and 69D to make payments specified in the notice does not apply in the case of that member (or does not apply to the extent specified in the notice).
(3)In this section “proper officer” has the meaning given in section 270(3) of the 1972 Act.
(1)A relevant authority must not make payments in respect of relevant matters or a relevant pension to a person who is—
(a)suspended or partially suspended from being a member of the authority by virtue of Part 3 of the Local Government Act 2000 (c. 22) (conduct of local government members etc.);
(b)prevented from acting in the office of a member of a local authority in Wales under section 80A(6) of the 1972 Act (disqualification).
(2)A local authority must not make a resettlement payment to a person who is prevented from acting in the office of a member of a local authority in Wales under section 80A(6) of the 1972 Act.
(3)The Welsh Ministers may, in cases they consider appropriate, direct a relevant authority not to—
(a)make payments (including in respect of pensions) in respect of the relevant matters specified in the direction;
(b)make a resettlement payment.
(4)Before giving a direction under subsection (3), the Welsh Ministers must consult the Commission.
(5)A relevant authority may require a person to repay payments made in respect of relevant matters or a relevant pension to a person in respect of a period during which the person was not entitled to receive the payment for any reason, including (but not limited to) the following reasons—
(a)the payments were made in breach of subsection (1);
(b)the payments were made in breach of a direction under subsection (3)(a);
(c)the person had ceased to be a member of the authority.
(6)A local authority may require a person to repay a resettlement payment made under section 69D where the person was not entitled to receive the payment for any reason, including (but not limited to) the following reasons—
(a)the payment was made in breach of subsection (2);
(b)the payment was made in breach of a direction under subsection (3)(b).
(1)The Commission may issue guidance to relevant authorities about how to comply with requirements imposed under this Part.
(2)The Welsh Ministers may issue guidance to the Commission about the Commission’s functions under this Part.
(3)The powers of the Commission and the Welsh Ministers to issue guidance under subsections (1) and (2) includes the power to vary or revoke guidance given.
(4)A relevant authority, or the Commission as the case may be, must have regard to guidance given under this section.
(1)A direction given under section 69M and 69O is enforceable by mandatory order on the application of the Welsh Ministers.
(2)The power to give directions under this Part does not limit the general power of direction under section 14.
The Welsh Ministers may by regulations make modifications of this Part so as to add, vary or omit provision conferring or imposing a function on the Commission.”
Commencement Information
I18S. 57 not in force at Royal Assent, see s. 72(4)
All property, rights and liabilities vested in the Independent Remuneration Panel for Wales immediately before its abolition by section 56 are transferred to the Democracy and Boundary Commission Cymru.
Commencement Information
I19S. 58 not in force at Royal Assent, see s. 72(4)
Part 4 of Schedule 1 makes minor and consequential amendments relating to this Chapter.
Commencement Information
I20S. 59 not in force at Royal Assent, see s. 72(4)
The effect of the provisions repealed by section 56 is saved for the purposes of the financial year beginning 1 April 2025, except that every reference to the Independent Remuneration Panel for Wales (however expressed) is to be interpreted as a reference to the Democracy and Boundary Commission Cymru.
Commencement Information
I21S. 60 not in force at Royal Assent, see s. 72(4)
(1)The Government of Wales Act 2006 (c. 32) is amended as follows.
(2)In section 16 (disqualification from being a Member of the Senedd) in subsection (1)—
(a)in paragraph (za), omit “and 17B”;
(b)for paragraph (zc), substitute—
“(zc)is a member of the council of a county, a county borough or a community in Wales (but see section 17D),”.
(3)Omit section 17B.
(4)In section 17D (exception from disqualification by virtue of being a councillor)—
(a)in subsection (1), after “borough” insert “or community council”;
(b)in subsection (2), after “borough” insert “or community council”.
(5)Omit section 17E.
(6)Omit section 17F.
(7)The amendments made by this section have effect for the purposes of an election for membership of the Senedd at which a poll is held on or after 6 April 2026.
Commencement Information
I22S. 61 in force at 10.9.2024, see s. 72(1)(b)
In section 80A(1) of the Local Government Act 1972 (c. 70) (disqualification for election or being a member of a local authority in Wales), after paragraph (b) insert—
“(ba)the person is incapable of being elected to or holding elective office in a district council in Northern Ireland under Part 10 of the Electoral Law Act (Northern Ireland) 1962 (c. 14) (corrupt or illegal practices);”.
Commencement Information
I23S. 62 in force at 9.11.2024, see s. 72(2)(d)
In Schedule 1A to the Government of Wales Act 2006 (c. 32) (disqualification from being a Member of the Senedd or a candidate in an election to be a Member of the Senedd), after paragraph 5 insert—
“5AA person who is incapable of being elected to or holding elective office in a district council in Northern Ireland under Part 10 of the Electoral Law Act (Northern Ireland) 1962 (c. 14) having been reported guilty or convicted of a corrupt or illegal practice.”
Commencement Information
I24S. 63 in force at 9.11.2024, see s. 72(2)(d)
Prospective
(1)The 1983 Act is amended as follows.
(2)In section 114A (undue influence offence inserted by section 8 of the Elections Act 2022), omit “or Wales”.
(3)In section 115 (undue influence offence: local government elections in Scotland and Wales)—
(a)in subsection (1), omit “or Wales”;
(b)in subsection (2), omit “or Wales”;
(c)in the heading, omit “and Wales”.
Commencement Information
I25S. 64 not in force at Royal Assent, see s. 72(4)
Prospective
(1)The Local Government and Housing Act 1989 (c. 42) is amended as follows.
(2)In section 1 (disqualification and political restriction of certain officers and staff)—
(a)in subsection (1A)—
(i)after “member of any local authority in Wales” insert “(including an elected mayor)”;
(ii)in paragraph (b), after “under a” insert “community council or”;
(b)in subsection (1B), after “any corporate joint committee” insert “, community council”;
(c)after subsection (1B) insert—
“(1C)A person shall be disqualified from becoming or remaining a member of a community council if that person holds a politically restricted post under any community council, corporate joint committee or local authority in Great Britain.”;
(d)after subsection (12) insert—
“(13)Subsections (5) and (6) of this section apply to a community council as they apply to a local authority in Wales.”.
(3)In section 2 (politically restricted posts)—
(a)after subsection (1B) insert—
“(1C)For the purposes of this Part the following persons are to be regarded as holding politically restricted posts under a community council—
(a)a paid officer having responsibility, for the purposes of section 151 of the Local Government Act 1972, for the administration of the financial affairs of the community council;
(b)a person holding a paid post that is for the time being specified by the community council in the list maintained in accordance with subsection (2) and any directions under section 3.”;
(b)after subsection (10C) insert—
“(10D)This section, other than subsection (1), applies in relation to a community council as it applies in relation to a local authority in Wales.
(10E)In the application of subsection (4) to a community council, the reference to the coming into force of this section has effect as if it were a reference to 6 May 2027.”.
(4)In section 3(9) (grant and supervision of exemptions from political restriction), after “corporate joint committee” insert “and a community council”.
(5)In section 10(2) (limit on paid leave for local authority duties), in the definition of “local authority”, after “corporate joint committee” insert “and a community council”.
(6)In section 12(2) (conflict of interest in staff negotiations), in the definition of “local authority”, after “corporate joint committee” insert “and a community council”.
Commencement Information
I26S. 65 in force at 6.5.2027, see s. 72(3)
(1)The 2013 Act is amended as follows.
(2)In section 4(3) (persons who may not be commissioners)—
(a)in paragraph (c), after “member” insert “or member of staff”;
(b)omit paragraph (d);
(c)in paragraph (e), after “member” insert “or member of staff”;
(d)after paragraph (e) insert—
“(ea)a member or member of staff of a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);
(eb)a member or member of staff of a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies;”.
(3)In section 8(4) (persons who may not be chief executive)—
(a)in paragraph (c), after “member” insert “or member of staff”;
(b)omit paragraph (d);
(c)in paragraph (e), after “member” insert “or member of staff”;
(d)after paragraph (e) insert—
“(ea)a member or member of staff of a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);
(eb)a member or member of staff of a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies;”.
(4)In section 11(2) (persons who may not be assistant commissioners)—
(a)in paragraph (c), after “member” insert “or member of staff”;
(b)omit paragraph (d);
(c)in paragraph (e), after “member” insert “or member of staff”;
(d)after paragraph (e) insert—
“(ea)a member or member of staff of a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);
(eb)a member or member of staff of a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies;”.
Commencement Information
I27S. 66 in force at 10.9.2024, see s. 72(1)(c)
Prospective
(1)The 2013 Act is amended as follows.
(2)In the cross-heading before section 15 (funding), after “matters” insert “and governance”.
(3)In section 17 (audit committee)—
(a)for the section heading, substitute “Governance and audit committee”;
(b)in subsection (1)—
(i)for “(an ”audit committee”)” substitute “(a “governance and audit committee”)”;
(ii)after paragraph (b) insert—
“(ba)review, assess and manage the Commission’s internal and external audit arrangements,
(bb)review and assess the Commission’s handling of complaints,
(bc)review—
(i)statements of accounts and reports prepared by the Commission under sections 19(1) and 20,
(ii)reports prepared by the Auditor General for Wales under section 19(4),”;
(iii)in paragraph (d), after “(b)” insert “, (ba), (bb), (bc)”;
(c)in subsection (2), for “audit” substitute “governance and audit”;
(d)in subsection (3), for “audit” substitute “governance and audit”;
(e)after subsection (2) insert—
“(2A)The Commission may confer on the governance and audit committee the functions the Commission considers suitable to be exercised by the committee.”
(4)In section 18 (audit committee: membership)—
(a)for the section heading, substitute “Governance and audit committee: membership and quorum”;
(b)for subsections (1) and (2) of the 2013 Act substitute—
“(1)The governance and audit committee is to consist of—
(a)at least two members of the Commission;
(b)at least two lay members;
(c)no more than five members.
(2)A lay member of the governance and audit committee must be appointed—
(a)to chair the committee (the “chair”);
(b)as deputy to the chair.
(2A)A person may not be a member of the governance and audit committee if the person is a member of the Commission and is either the Commission’s chairing member or is acting as deputy to the Commission’s chairing member.
(2B)The quorum for meetings of the governance and audit committee is three members, which must consist of at least one lay member.”
Commencement Information
I28S. 67 not in force at Royal Assent, see s. 72(4)
Prospective
(1)The 2013 Act is amended as follows.
(2)After section 11 (assistant commissioners) and the cross-heading that follows that section, insert—
(1)The Commission may charge a person for the provision of goods or services mentioned in subsection (2) to recover the cost of the provision if the person has agreed to the goods or services being provided.
(2)The goods or services are—
(a)goods or training the Commission provides or secures in exercise of its functions under section 20A (electoral administration functions);
(b)training the Commission provides or secures for a principal council in connection with the council’s functions under Part 3.”
Commencement Information
I29S. 68 not in force at Royal Assent, see s. 72(4)