Local Government (Wales) Measure 2011

1. Introductory Text

2. PART 1 STRENGTHENING LOCAL DEMOCRACY

   1. CHAPTER 1 PROMOTING AND SUPPORTING MEMBERSHIP OF LOCAL AUTHORITIES

      1. Survey of councillors and unsuccessful candidates for election as councillors

         1. 1. Duty to conduct a survey

         2. 2. Completion of a survey and publication of information

         3. 3. Guidance about surveys

         4. 3A. Publication of directions about surveys

      2. Supporting membership

         1. 4. Remote attendance at meetings

         2. 5. Annual reports by members of a local authority

         3. 6. Timing of council meetings

         4. 7. Training and development of members of a local authority

   2. CHAPTER 2 LOCAL AUTHORITY DEMOCRATIC SERVICES

      1. 8. Head of democratic services

      2. 9. Democratic services functions

      3. 10. Duty to adopt standing orders about management of staff

      4. 11. Local authorities to appoint democratic services committees

      5. 11A. Reviews at request of a local authority

      6. 12. Membership

      7. 13. Sub-committees

      8. 14. Proceedings etc

      9. 15. Frequency of meetings

      10. 16. Discharging functions

      11. 17. Termination of membership on ceasing to be member of authority

      12. 18. Reports and recommendations by head of democratic services

      13. 19. Reports and recommendations by democratic services committees

      14. 20. Local authority functions not to be delegated

      15. 21. Head of democratic services to be a politically restricted post

   3. CHAPTER 3 INTERPRETATION

      1. 22. Meaning of “member”

3. PART 2 FAMILY ABSENCE FOR MEMBERS OF LOCAL AUTHORITIES

   1. 23. Right to family absence

   2. 24. Maternity absence

   3. 25. Newborn absence

   4. 26. Adopter's absence

   5. 27. New adoption absence

   6. 28. Parental absence

   7. 29. Regulations: supplemental

   8. 30. Guidance

   9. 31. Amendment of Local Government Act 1972

   10. 32. Amendment of Local Government Act 2000

   11. 33. Interpretation of Part 2

4. PART 3 AVAILABLE GOVERNANCE ARRANGEMENTS

   1. Mayor and council manager executive

      1. 34. Abolition of mayor and council manager executive

   2. Alternative arrangements

      1. 35. Authorities to replace alternative arrangements with executive arrangements

      2. 36. Consequential provision etc

5. PART 4 CHANGES TO EXECUTIVE ARRANGEMENTS

   1. CHAPTER 1 ADOPTING A DIFFERENT FORM OF EXECUTIVE

      1. General provisions

         1. 37. Power to adopt a different form of executive

         2. 38. Proposals for adopting a different form of executive

         3. 39. Contents of proposals

         4. 40. Referendums

         5. 41. Timetable for implementation of proposals: no referendum

         6. 42. Timetable for implementation of proposals: referendum

         7. 43. Publicity for proposals

         8. 44. Implementing proposals

         9. 45. Action if referendum rejects change

      2. Interpretation

         1. 46. Changes of executive arrangements requiring approval in a referendum

         2. 47. Interpretation

   2. CHAPTER 2 OTHER VARIATIONS OF EXISTING EXECUTIVE ARRANGEMENTS

      1. 48. Power to vary the existing form of executive

      2. 49. Proposals for varying the form of executive

      3. 50. Contents of proposals

      4. 51. Implementing proposals

   3. CHAPTER 3 SUPPLEMENTARY

      1. 52. Powers under which executive arrangements may be varied

      2. 53. Forms of executive

      3. 54. Consequential provision etc

6. PART 5 LOCAL AUTHORITY FUNCTIONS: DISCHARGE BY COMMITTEES AND COUNCILLORS

   1. Area committees

      1. 55. Area covered and membership

   2. Exercise of functions by councillors

      1. 56. Exercise of functions by councillors

      2. 57. Consequential provision

7. PART 6 OVERVIEW AND SCRUTINY

   1. CHAPTER 1 OVERVIEW AND SCRUTINY COMMITTEES

      1. Joint overview and scrutiny committees

         1. 58. Joint overview and scrutiny committees

      2. Powers of committees

         1. 59. Scrutinising designated persons

         2. 60. Notifying designated persons of report or recommendations

         3. 61. Designated persons

      3. Taking into account the views of the public

         1. 62. Taking into account the views of the public

      4. Powers of councillors

         1. 63. Reference of matters to overview and scrutiny committee etc

      5. Duty to respond to overview and scrutiny committee

         1. 64. Duty to respond to overview and scrutiny committee

      6. Provision consequential on sections 63 and 64

         1. 65. Provision consequential on sections 63 and 64

      7. Appointing persons to chair committees

         1. 66. Provision in standing orders about appointment of persons to chair committees

         2. 67. When appointments to be made by committee

         3. 68. When appointments to be made by non-executive group

         4. 69. How appointments to be made in other cases

         5. 70. Appointments to be made by political groups

         6. 71. Failure to make appointments in accordance with section 70

         7. 72. Changes in composition of executive

         8. 73. Occasional vacancies in committee chairs

         9. 74. Appointment provision determined by authority

         10. 75. Supplementary provision and interpretation

      8. Co-opted members of overview and scrutiny committees

         1. 76. Guidance and directions about co-option

      9. Provision of information

         1. 77. Forward plans and other information

      10. Restricting party control of committees

          1. 78. Prohibition of whipped votes & declaration of party whips

      11. Overview and scrutiny committee structure

          1. 79. Guidance and directions

      12. Interpretation

          1. 80. Interpretation of this Chapter

   2. CHAPTER 2 GOVERNANCE AND AUDIT COMMITTEES

      1. 81. Local authorities to appoint governance and audit committees

      2. 82. Membership

      3. 83. Proceedings etc

      4. 84. Frequency of meetings

      5. 85. Guidance

      6. 86. Termination of membership on ceasing to be member of authority

      7. 87. Interpretation etc

8. PART 7 COMMUNITIES AND COMMUNITY COUNCILS

   1. CHAPTER 1 COMMUNITY MEETINGS AND COMMUNITY POLLS

      1. 88. Convening of community meetings by local government electors

      2. 89. Notice of community meeting convened by local government electors

      3. 90. Facility for the provision of electronic notices of the convening of community meetings

      4. 91. Action following receipt of notice of the convening of a community meeting

      5. 92. Public notice of community meeting

      6. 93. Demands for community polls

      7. 94. Notice to be given by returning officer following taking of a poll consequent on a community meeting

      8. 95. Determination of monitoring officer as to the council to whose functions a poll relates

      9. 96. Consideration of result of community poll by community council

      10. 97. Action to be taken following community council's consideration of results of certain community polls

      11. 98. Consideration of result of community poll by principal council

      12. 99. Principal council's explanation of its response to a community poll

   2. CHAPTER 2 ORGANISATION OF COMMUNITIES AND THEIR COUNCILS

      1. 100. Repeal of existing provisions about establishment and dissolution of community councils etc

      2. 101. Power of community meeting to apply for an order establishing a community council

      3. 102. Orders establishing separate community councils for communities

      4. 103. Power of community meeting to apply for an order dissolving its separate community council

      5. 104. Orders dissolving separate community councils for communities

      6. 105. Power of community meeting to apply for an order grouping its community with other communities under a common community council

      7. 106. Orders grouping a community with other communities under a common community council

      8. 107. Power of community meeting to apply for an order adding its community to a group of communities with a common council

      9. 108. Orders adding a community to a group of communities with a common council

      10. 109. Power of council for a group of communities to apply for an order dissolving the group

      11. 110. Orders dissolving a group of communities

      12. 111. Power of community meeting to apply for order separating community from a group of communities

      13. 112. Orders separating a community from a group of communities

      14. 113. Power of Welsh Ministers to alter voting threshold in connection with organisation of community councils

      15. 114. Organisation of communities and their councils: consequential amendments

      16. 115. Transitional provision

   3. CHAPTER 3 CO-OPTION OF MEMBERS OF COMMUNITY COUNCILS

      1. 116. Requirement of public notice where vacancies in community council membership are to be filled by co-option

      2. 117. Guidance about giving public notice of co-option

   4. CHAPTER 4 APPOINTMENT OF COMMUNITY YOUTH REPRESENTATIVES

      1. 118. Appointment of community youth representatives by community councils

      2. 119. Notice requirements in connection with youth representative appointments

      3. 120. Guidance about appointment of community youth representatives

      4. 121. Effect of appointment as a community youth representative

   5. CHAPTER 5 REVIEWS OF COMMUNITY AREAS AND ELECTORAL ARRANGEMENTS

      1. 122. Reports about discharge of a principal council's function of keeping community areas under review

      2. 123. Reports about discharge of a principal council's function of keeping electoral arrangements for communities under review

      3. 124. Exercise of functions by the Local Government Boundary Commission for Wales on behalf of principal councils

      4. 125. Sums payable in respect of reviews carried out by the Local Government Boundary Commission for Wales

   6. CHAPTER 6 COMMUNITY COUNCILS' POWERS TO PROMOTE WELL-BEING

      1. 126. Community councils' powers to promote well-being

      2. 127. Modifications of enactments preventing or obstructing a community council from exercising their well-being power

      3. 128. Transitional provision

   7. CHAPTER 7 GRANTS TO COMMUNITY COUNCILS

      1. 129. Welsh Ministers' power to pay grant to community councils

   8. CHAPTER 8 MODEL CHARTER AGREEMENTS BETWEEN LOCAL AUTHORITIES AND COMMUNITY COUNCILS

      1. 130. Power to set out model charter agreement

      2. 131. Directions requiring the adoption of model charter agreements

      3. 132. Guidance about model charter agreements

      4. 133. Consultation

   9. CHAPTER 9 SCHEMES FOR THE ACCREDITATION OF QUALITY IN COMMUNITY GOVERNMENT

      1. 134. Schemes for the accreditation of quality in community government

      2. 135. Accreditation of quality in community government: criteria

      3. 136. Accreditation of quality in community government: applications

      4. 137. Accreditation of quality in community government: fees

      5. 138. Accreditation of quality in community government: removal of accreditation

      6. 139. Applications for accreditation of quality in community government: delegation of functions

      7. 140. Accreditation of quality in community government: consequences

9. PART 8 MEMBERS: PAYMENTS AND PENSIONS

   1. The Independent Remuneration Panel for Wales

      1. 141. The Panel

   2. Principal functions of the Panel

      1. 142. Functions relating to payments to members

      2. 143. Functions relating to members' pensions

      3. 143A. Functions relating to remuneration of chief executives

      4. 144. Relevant authorities, members etc.

   3. Reports by the Panel

      1. 145. Annual reports

      2. 146. First annual report

      3. 147. Subsequent annual reports

      4. 148. Consultation on draft reports

      5. 149. Directions to vary draft reports

      6. 150. Administrative requirements in reports

      7. 151. Publicity requirements in reports

      8. 152. Publicising reports

   4. Payments by relevant authorities

      1. 153. Compliance with Panel's requirements

      2. 154. Members wishing to forgo payments

      3. 155. Withholding payments

   5. Enforcement

      1. 156. Directions to comply with requirements

   6. Supplementary

      1. 157. Guidance

      2. 158. Power to modify provision about Panel

      3. 159. Interpretation of Part 8

      4. 160. Consequential amendments

10. PART 9 COLLABORATION AND AMALGAMATION

    1. CHAPTER 1 COLLABORATION

       1. 161. Guidance about collaboration between Welsh improvement authorities

    2. CHAPTER 2 AMALGAMATION

       1. 162. Power to make amalgamation order

       2. 163. Electoral matters

       3. 164. Requirement to hold a referendum involving an elected mayor

       4. 165. Power to direct a referendum involving an elected mayor

       5. 166. Supplementary, incidental, consequential, transitional and saving provision

       6. 167. Review of electoral arrangements

       7. 168. Amendments to the Local Government Act 1972

       8. 169. Procedure applicable to an amalgamation order

       9. 170. Correction of orders

       10. 171. Interpretation of this Chapter

11. PART 10 GENERAL

    1. 172. Orders and regulations

    2. 173. Procedure applicable to certain orders under section 127

    3. 174. Guidance and directions

    4. 175. Interpretation

    5. 176. Consequential amendments and repeals

    6. 177. Power to make supplementary provision

    7. 178. Commencement

    8. 179. Short title

12. 1. SCHEDULE 1

       CHANGE FROM ALTERNATIVE TO EXECUTIVE ARRANGEMENTS

       1. PART 1 GENERAL PROVISIONS

          1. Introduction

             1. 1. This Schedule applies to a local authority if it is...

          2. Proposals for moving to executive arrangements

             1. 2. (1) The local authority must draw up, and approve by...

          3. Contents of proposals

             1. 3. A local authority's proposals must include all of the following—...

          4. Referendums

             1. 4. (1) If the proposed form of executive is a mayor...

          5. Timetable for implementation of change to leader and cabinet executive (Wales)

             1. 5. (1) This paragraph applies to a local authority's proposals if...

          6. Timetable for implementation of change to mayor and cabinet executive

             1. 6. (1) This paragraph applies to a local authority's proposals if...

          7. Publicity for proposals

             1. 7. (1) This paragraph applies to a local authority which has...

          8. Implementing proposals

             1. 8. (1) A local authority must implement its proposals in accordance...

       2. PART 2 OTHER PROVISIONS APPLICABLE WHERE REFERENDUM REQUIRED

          1. Outline fall-back proposals in case referendum rejects change

             1. 9. (1) This paragraph applies to a local authority if the...

          2. Action if referendum rejects change

             1. 10. (1) This paragraph applies to a local authority if—

          3. Timetable for implementation of detailed fall-back proposals

             1. 11. The timetable with respect to the implementation of the detailed...

          4. Implementing detailed fall-back proposals

             1. 12. The local authority must implement its detailed fall-back proposals in...

       3. PART 3 MISCELLANEOUS

          1. Failure to cease operating alternative arrangements

             1. 13. (1) This paragraph applies if it appears to the Welsh...

          2. Arrangements to be treated as operated after passing of resolution

             1. 14. Executive arrangements which come into operation in accordance with section...

          3. Interpretation

             1. 15. In this Schedule— “change to executive arrangements” (“”) means the...

    2. SCHEDULE 2

       THE PANEL

       1. Membership

          1. 1. (1) The Panel consists of not fewer than 3, and...

       2. Tenure

          1. 2. (1) Members of the Panel hold and must vacate office...

       3. Meetings

          1. 3. (1) The Panel must meet at least once every calendar...

       4. Information

          1. 4. The Panel may, in connection with the performance of its...

       5. Expenses, administrative support etc.

          1. 5. (1) The Welsh Ministers must pay expenses incurred by the...

    3. SCHEDULE 3

       PAYMENTS AND PENSIONS: MINOR AND CONSEQUENTIAL AMENDMENTS

       1. Local Government Act 1972

          1. 1. (1) The Local Government Act 1972 is amended as follows....

       2. Local Government and Housing Act 1989

          1. 2. (1) Section 18 of the Local Government and Housing Act...

       3. Environment Act 1995

          1. 3. In paragraph 11 of Schedule 7 to the Environment Act...

       4. School Standards and Framework Act 1998

          1. 4. (1) The School Standards and Framework Act 1998 is amended...

       5. Local Government Act 2000

          1. 5. (1) The Local Government Act 2000 is amended as follows....

       6. Education Act 2002

          1. 6. In section 52(6) of the Education Act 2002 (power to...

       7. Education and Skills Act 2008

          1. 7. In section 48(4) of the Education and Skills Act 2008...

    4. SCHEDULE 4

       REPEALS AND REVOCATIONS

       1. PART A: STRENGTHENING LOCAL DEMOCRACY (PART 1 OF THE MEASURE)

       2. PART B: AVAILABLE GOVERNANCE ARRANGEMENTS (PART 3 OF THE MEASURE)

       3. PART C: CHANGES TO EXECUTIVE ARRANGEMENTS (PART 4 OF THE MEASURE)

       4. PART D: OVERVIEW AND SCRUTINY (PART 6 OF THE MEASURE)

       5. PART E: COMMUNITIES AND COMMUNITY COUNCILS (PART 7 OF THE MEASURE)

       6. PART F: MEMBERS: PAYMENTS AND PENSIONS (PART 8 OF THE MEASURE)