Search Legislation

Local Government and Elections (Wales) Act 2021

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 30

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Local Government and Elections (Wales) Act 2021, Section 30. Help about Changes to Legislation

30Becoming an eligible community councilE+W

This section has no associated Explanatory Notes

(1)A community council that meets each of the conditions set out in subsections (2) to (4) (“the eligibility conditions”) may become an eligible community council for the purposes of Chapter 1 by passing, at any meeting of the council, a resolution that it is an eligible community council.

(2)The first condition is that at least two-thirds of the total number of councillors of the community council have been declared elected (whether at an ordinary election or at a by-election).

(3)The second condition is that the clerk to the council holds such qualification or description of qualification as may be specified by the Welsh Ministers by regulations.

(4)The third condition is that—

(a)the most recent AGW opinion on the council's accounts—

(i)is an unqualified AGW opinion, and

(ii)was received by the council during the period of 12 months ending on the day the council will (if it passes a resolution in accordance with subsection (1)) become an eligible community council, and

(b)the AGW opinion on the council's accounts which immediately preceded the opinion mentioned in paragraph (a) is also an unqualified AGW opinion.

(5)For the purposes of subsection (4) and section 34—

(a)an AGW opinion is an opinion provided by the Auditor General for Wales under section 23 of the Public Audit (Wales) Act 2004 (c. 23), having concluded an audit of a community council's accounts for a financial year, and

(b)an AGW opinion is unqualified if the Auditor General for Wales has not, in the opinion, expressed in any way that the Auditor General for Wales is not satisfied as to the matters set out in section 17 of the Public Audit (Wales) Act 2004.

(6)A community council that passes a resolution in accordance with subsection (1) becomes an eligible community council on passing the resolution.

Commencement Information

I1S. 30(1)(2), (4)-(6) in force at 5.5.2022 by S.I. 2021/231, art. 6(a)

I2S. 30(3) in force at 4.3.2021 by S.I. 2021/231, art. 2(b)

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?