Democracy and Boundary Commission Cymru etc. Act 2013

37 Implementation by the Welsh Ministers E+W

(1) The Welsh Ministers may, after receiving a report containing recommendations from the Commission in relation to a review conducted under section 23, 26, 27, 28 or 29, or a request for implementation of its recommendations under section 39(7)—

(a) by order implement any recommendation, with or without modification, or

(b) decide to take no action [F1 on any recommendation].

(2) But the Welsh Ministers may only implement a recommendation with modification if—

(a) in a case involving recommendations for change to electoral arrangements for a principal area, they have considered the matters described in section 30 and are satisfied that it is appropriate to make the modification,

(b) in a case involving recommendations for change to electoral arrangements for a community, they have considered the matters described in section 33 and are satisfied that it is appropriate to make the modification, and

(c) in any case, they are satisfied that the modification is in the interests of effective and convenient local government.

[F2 (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).]

[F3 (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.]

(4) The Commission must provide the Welsh Ministers with such further information in relation to its recommendations as the Welsh Ministers may reasonably require.

[F4 (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).]

Textual Amendments

F1 Words in s. 37(1)(b) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 49(2)(a), 72(2)(a) (with s. 55)

F2 S. 37(2A) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 47(3), 72(2)(a) (with s. 55)

F3 S. 37(3A)(3B) substituted for s. 37(3) (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 43(2), 72(2)(a) (with s. 55)

F4 S. 37(5)-(7) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 49(2)(b), 72(2)(a) (with s. 55)