Local Government (Wales) Measure 2011

144 Relevant authorities, members etc. W

(1) This section applies for the purposes of this Part.

(2) An authority is a “relevant authority” if it comes within one of the following descriptions—

(a) a local authority;

(b) a community council;

(c) a National Park authority (established under section 63 of the Environment Act 1995) for a National Park in Wales;

(d) 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 or a scheme to which section 4 of that Act applies.

F1 (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 (db) a corporate joint committee;]

[F3 (e) a body specified as a relevant authority in an order 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), F4 ...

(c) a co-opted member of the authority[F5 , 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 [F6 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.

[F7 (6) A body may only be specified as a relevant authority if—

(a) the Welsh Ministers exercise functions in respect of it,

(b) it exercises relevant functions, and

(c) its membership includes at least one member of an authority described in subsection (2)(a) to (d).

(7) A “relevant function” is—

(a) a function conferred by an Act or Measure of the National Assembly for Wales, or

(b) a function that could be conferred by an Act of the National Assembly for Wales.

(8) Sections 142(4), 143, 147(3)(b) and 155 do not apply in relation to a relevant authority described in subsection [F8 (2)(db) or (e)].]

Textual Amendments

F1 S. 144(2)(da) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 45

F2 S. 144(2)(db) inserted (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 4(1)(c)(i)

F3 S. 144(2)(e) inserted (30.9.2013) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 64(a), 75(2)(d)

F4 Word in s. 144(4) omitted (3.12.2021) by virtue of The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 4(1)(c)(ii)

F5 S. 144(4)(d) and word inserted (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 4(1)(c)(iii)

F6 Words in s. 144(5) inserted (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 4(1)(c)(iv)

F7 S. 144(6)-(8) inserted (30.9.2013) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 64(b), 75(2)(d)

F8 Words in s. 144(8) substituted (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 4(1)(c)(v)

Commencement Information

I1 S. 144 in force at 31.8.2011 by S.I. 2011/2011, art. 2(e)