Democracy and Boundary Commission Cymru etc. Act 2013, Section 48 is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)The Welsh Ministers may give the Commission directions relating to the exercise of its functions under this Part.
(2)In particular, the Welsh Ministers may direct the Commission—
(a)to conduct a review under this Part [F1(regardless of whether in the circumstances the Commission would have the power, or would be subject to a duty, to conduct the review)],
[F2(aa)where the Commission has made recommendations or proposals to the Welsh Ministers, to conduct a further review under this Part,
(ab)to stop conducting a review under this Part,]
(b)not to conduct a review under [F3this Part] during a period specified in the direction,
F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)to conduct the reviews required under section 29(1) in a different order from that proposed by the Commission in any current programme for electoral arrangements reviews prepared in accordance that section,
(e)to have regard to such particular matters as may be specified in the direction when conducting a review,
[F5(f)to pause a review it conducts under this Part for a period specified in the direction or until a further direction is given.]
(3)Subsection (1) does not limit the general power of direction under section 14.
(4)The Welsh Ministers may give a principal council directions relating to the exercise of its functions under this Part.
(5)In particular, the Welsh Ministers may direct a principal council F6...—
(a)[F7to] conduct a review under section 25 or 31,
[F8(aa)to stop conducting a review under section 25 or 31,
(ab)not to conduct a review under section 25 or 31 during a period specified in the direction,]
(b)[F9to] have regard to such particular matters as may be specified in the direction when conducting a review,
[F10(c)to pause a review it conducts under this Part for a period specified in the direction or until a further direction is given.]
(6)A principal council must comply with a direction given by the Welsh Ministers under subsection (4).
(7)Directions under this section may relate to a particular review, a type of review or to all reviews.
(8)But before making a direction under this section relating to the review of a principal area or its electoral arrangements (or reviews of principal areas or their electoral arrangements generally), the Welsh Ministers must consult the Commission and any association appearing to them to be representative of local authorities.
(9)In exercising any function under this Part, the Commission or a principal council must have regard to any guidance issued by the Welsh Ministers.
[F11(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.]
Textual Amendments
F1Words in s. 48(2)(a) substituted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 164(2)(a), 175(7); S.I. 2021/231, reg. 3(b)
F2S. 48(2)(aa)(ab) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 164(2)(b), 175(7); S.I. 2021/231, reg. 3(b)
F3Words in s. 48(2)(b) substituted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 164(2)(c), 175(7); S.I. 2021/231, reg. 3(b)
F4S. 48(2)(c) omitted (1.4.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), ss. 150(2)(c), 175(7); S.I. 2021/297, reg. 2(d)
F5S. 48(2)(f) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 50(2)(a), 72(2)(a) (with s. 55)
F6Word in s. 48(5) omitted (1.4.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), ss. 164(3)(a), 175(7); S.I. 2021/231, reg. 3(b)
F7Word in s. 48(5)(a) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 164(3)(b), 175(7); S.I. 2021/231, reg. 3(b)
F8S. 48(5)(aa)(ab) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 164(3)(c), 175(7); S.I. 2021/231, reg. 3(b)
F9Word in s. 48(5)(b) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 164(3)(d), 175(7); S.I. 2021/231, reg. 3(b)
F10S. 48(5)(c) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 50(2)(b), 72(2)(a) (with s. 55)
F11S. 48(10)(11) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 50(2)(c), 72(2)(a) (with s. 55)
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
