Democracy and Boundary Commission Cymru etc. Act 2013

38 Implementation of community boundary change E+W

(1) The Commission may, after receiving a report containing recommendations for change from a principal council in relation to a review conducted under section 25—

(a) by order implement the recommendations without modification,

(b) by order implement the recommendations with such modification as may be agreed with the principal council, or

(c) in the circumstances described in section 26(2)(b)(ii) or (iii), conduct its own review.

[F1 (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.]

(3) An order under subsection (1) which contains changes to the electoral arrangements of a principal area may be made only with the consent of the Welsh Ministers.

(4) The principal council which made the recommendations must provide the Commission with such further information in relation to the recommendations or the procedure followed as it may reasonably require.

[F2 (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).]

Textual Amendments

F1 S. 38(2A)(2B) substituted for s. 38(2) (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 43(3), 72(2)(a) (with s. 55)

F2 S. 38(5)-(7) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 49(3), 72(2)(a) (with s. 55)