Mesur Llywodraeth Leol (Cymru) 2011

PENNOD 2 LL+C TREFNIADAETH CYMUNEDAU A'U CYNGHORAU

100 Diddymu darpariaethau presennol ynghylch sefydlu a diddymu cynghorau cymuned etc LL+C

Hepgorer adrannau 28 i 29B o Ddeddf Llywodraeth Leol 1972.

Gwybodaeth Cychwyn

I1 A. 100 mewn grym ar 10.7.2011, gweler a. 178(2)(c)

101 Pŵer cyfarfod cymunedol i wneud cais am orchymyn i sefydlu cyngor cymuned LL+C

Ar ôl adran 27 o Ddeddf Llywodraeth Leol 1972 mewnosoder y canlynol—

“27A Power of community meeting to apply for an order establishing a community council

(1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community which does not have a separate council for an order under section 27B establishing a separate council for the community.

(2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to establish a separate council for the community.

(3) For the purposes of the first condition a decision is only effective if not less than—

(a) 10% of the local government electors for the community, or

(b) 150 of the electors (if 10% of the electors exceeds 150 electors),

are present and voting at the community meeting.

(4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.

(5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to establish a separate council for the community (that period of two years beginning with the day on which the earlier poll was held).

(6) The fourth condition is that a majority of those voting in the poll support the proposal to establish a separate council for the community.

(7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.”.

Gwybodaeth Cychwyn

I2 A. 101 mewn grym ar 10.7.2011, gweler a. 178(2)(c)

102 Gorchmynion i sefydlu cynghorau cymuned ar wahân ar gyfer cymunedau LL+C

Ar ôl adran 27A o Ddeddf Llywodraeth Leol 1972 mewnosoder y canlynol—

“27B Orders establishing separate community councils for communities

(1) This section applies where a community meeting of a community which does not have a separate council applies to the principal council within whose area it lies for an order establishing a separate council for the community.

(2) The principal council must consider whether it is satisfied that—

(a) the conditions in section 27A are met, and

(b) any relevant requirements of Schedule 12 have been met.

(3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (6) below).

(4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council in accordance with this Act and Part I of the Representation of the People Act 1983.

(5) No order shall be made so as to establish a separate community council for a community grouped under a common community council unless—

(a) the community is separated from the group, or

(b) the group is dissolved,

by the order, or by an order under section 27J or section 27L below.

(6) Where, in a case to which subsection (5) above applies, the group is not dissolved, the order under this section shall make such provision as appears to the principal council to be necessary for the alteration of the group’s community council.”.

Gwybodaeth Cychwyn

I3 A. 102 mewn grym ar 10.7.2011, gweler a. 178(2)(c)

103 Pŵer cyfarfod cymunedol i wneud cais am orchymyn i ddiddymu ei gyngor cymuned ar wahân LL+C

Ar ôl adran 27B o Ddeddf Llywodraeth Leol 1972 mewnosoder y canlynol—

“27C Power of community meeting to apply for an order dissolving its separate community council

(1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community which has a separate council for an order under section 27D dissolving the council.

(2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to dissolve the council for the community.

(3) For the purposes of the first condition a decision is only effective if not less than—

(a) 30% of the local government electors for the community, or

(b) 300 of the electors (if 30% of the electors exceeds 300 electors),

are present and voting at the community meeting.

(4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.

(5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to dissolve the separate council for the community (that period of two years beginning with the day on which the earlier poll was held).

(6) The fourth condition is that at least two-thirds of those voting in the poll support the proposal to dissolve the separate council for the community.

(7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.”.

Gwybodaeth Cychwyn

I4 A. 103 mewn grym ar 10.7.2011, gweler a. 178(2)(c)

104 Gorchmynion i ddiddymu cynghorau cymuned ar wahân ar gyfer cymunedau LL+C

Ar ôl adran 27C o Ddeddf Llywodraeth Leol 1972 mewnosoder y canlynol—

“27D Orders dissolving separate community councils for communities

(1) This section applies where a community meeting of a community which has a separate council applies to the principal council within whose area it lies for an order dissolving the council for the community.

(2) The principal council must consider whether it is satisfied that—

(a) the conditions in section 27C are met, and

(b) any relevant requirements of Schedule 12 have been met.

(3) If the council is so satisfied, the council must make the order applied for.”.

Gwybodaeth Cychwyn

I5 A. 104 mewn grym ar 10.7.2011, gweler a. 178(2)(c)

105 Pŵer cyfarfod cymunedol i wneud cais am orchymyn yn grwpio ei gymuned ynghyd â chymunedau eraill o dan gyngor cymuned cyffredin LL+C

Ar ôl adran 27D o Ddeddf Llywodraeth Leol 1972 mewnosoder y canlynol—

“27E Power of community meeting to apply for an order grouping its community with other communities under a common community council

(1) This section sets out the conditions that must be met before an application may be made by a community meeting for an order under section 27F grouping the community with some neighbouring community or communities which lie in the same principal area as the community, under a common community council.

(2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to group the community with a neighbouring community or communities which lie in the same principal area as the community, under a common community council.

(3) For the purposes of the first condition a decision is only effective if not less than—

(a) 10% of the local government electors for the community, or

(b) 150 of the electors (if 10% of the electors exceeds 150 electors),

are present and voting at the community meeting.

(4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.

(5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of an identical proposal to group the community with a neighbouring community or communities (that period of two years beginning with the day on which the earlier poll was held).

(6) The fourth condition is that a majority of those voting in the poll support the proposal to group the community with a neighbouring community or communities which lie in the same principal area as the community, under a common community council.

(7) The fifth condition is that the application is made jointly with the community meeting, or meetings, for the community, or communities to be grouped under the common community council.

(8) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.”.

Gwybodaeth Cychwyn

I6 A. 105 mewn grym ar 10.7.2011, gweler a. 178(2)(c)

106 Gorchmynion yn grwpio cymuned ynghyd â chymunedau eraill o dan gyngor cymuned cyffredin LL+C

Ar ôl adran 27E o Ddeddf Llywodraeth Leol 1972 mewnosoder y canlynol—

“27F Orders grouping a community with other communities under a common community council

(1) This section applies where a community meeting of a community applies to the principal council within whose area it lies for an order grouping the community with some neighbouring community or communities which lie in the same principal area as the community, under a common community council.

(2) The principal council must consider whether it is satisfied that—

(a) the conditions in section 27E are met, and

(b) any relevant requirements of Schedule 12 have been met.

(3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (7) below).

(4) The order shall provide for the name of the group in both an English and a Welsh form.

(5) The order shall—

(a) make such provision as appears to the principal council to be necessary for the election, in accordance with this Act and Part I of the Representation of the People Act 1983, of separate representatives on the community council for each community or for the wards of any community, and

(b) provide for the dissolution of the separate community council of any community included in the group.

(6) The order shall make such provision as appears to the principal council to be necessary for the application to the communities included in the group of all or any of the provisions of section 79 of the Charities Act 1993 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community.

(7) The order may provide for any necessary adaptations of this Act in relation to the group of communities.”.

Gwybodaeth Cychwyn

I7 A. 106 mewn grym ar 10.7.2011, gweler a. 178(2)(c)

107 Pŵer cyfarfod cymunedol i wneud cais am orchymyn yn ychwanegu ei gymuned at grŵp o gymunedau a chanddynt gyngor cyffredin LL+C

Ar ôl adran 27F o Ddeddf Llywodraeth Leol 1972 mewnosoder y canlynol—

“27G Power of community meeting to apply for an order adding its community to a group of communities with a common council

(1) This section sets out the conditions that must be met before an application may be made by a community meeting for an order under section 27H adding the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.

(2) The first condition is that the community meeting has taken an effective decision to hold a poll on a proposal to add the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.

(3) For the purposes of the first condition a decision is only effective if not less than—

(a) 10% of the local government electors for the community, or

(b) 150 of the electors (if 10% of the electors exceeds 150 electors),

are present and voting at the community meeting.

(4) The second condition is that a majority of those voting in the poll support the proposal to add the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.

(5) The third condition is that a community meeting of each of the communities in the group has made an effective decision to hold a poll on a proposal to consent to the community in question becoming a member of the group.

(6) For the purposes of the third condition a decision is only effective if not less than—

(a) 10% of the local government electors for the community, or

(b) 150 of the electors (if 10% of the electors exceeds 150 electors),

are present and voting at the community meeting.

(7) The fourth condition is that a majority of those voting in a poll following an effective decision for the purposes of the third condition support the proposal to consent to the community in question becoming a member of the group.

(8) The fifth condition is that none of the above polls are held within two years of an earlier poll which resulted in a rejection of an identical proposal to add the community in question to the group of communities (that period of two years beginning with the day on which the earlier poll was held).

(9) The sixth condition is that none of the above polls are held before the end of the period of 42 days beginning with the day on which the decision to hold that poll was taken.

(10) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.”.

Gwybodaeth Cychwyn

I8 A. 107 mewn grym ar 10.7.2011, gweler a. 178(2)(c)

108 Gorchmynion yn ychwanegu cymuned at grŵp o gymunedau a chanddynt gyngor cyffredin LL+C

Ar ôl adran 27G o Ddeddf Llywodraeth Leol 1972 mewnosoder y canlynol—

“27H Orders adding a community to a group of communities with a common council

(1) This section applies where a community meeting of a community applies to the principal council within whose area it lies for an order adding the community to a group of communities all of which lie in the same principal area as the community and for which there is a common community council.

(2) The principal council must consider whether is it satisfied that—

(a) the conditions in section 27G are met, and

(b) any relevant requirements of Schedule 12 have been met.

(3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsections (4) to (7) below).

(4) The order shall provide for the name of the group in both an English and a Welsh form.

(5) The order shall—

(a) make such provision as appears to the principal council to be necessary for the election, in accordance with this Act and Part I of the Representation of the People Act 1983, of separate representatives on the community council for the community that is added to the group or for the wards of that community, and

(b) provide for the dissolution of any separate community council for the community that is added to the group.

(6) The order shall make such provision as appears to the principal council to be necessary for the application to the communities included in the group of all or any of the provisions of section 79 of the Charities Act 1993 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community.

(7) The order may provide for any necessary adaptations of this Act in relation to the group of communities.”.

Gwybodaeth Cychwyn

I9 A. 108 mewn grym ar 10.7.2011, gweler a. 178(2)(c)

109 Pŵer cyngor dros grŵp o gymunedau i wneud cais am orchymyn yn diddymu'r grŵp LL+C

Ar ôl adran 27H o Ddeddf Llywodraeth Leol 1972 mewnosoder y canlynol—

“27I Power of council for a group of communities to apply for an order dissolving the group

(1) This section sets out the conditions that must be met before an application may be made by a council for a group of communities to the principal council in whose area the communities lie for an order under section 27J below dissolving the group.

(2) The first condition is that a community meeting of each of the communities in the group has taken an effective decision to hold a poll on a proposal to dissolve the group.

(3) For the purposes of the first condition a decision is only effective if not less than—

(a) 30% of the local government electors for the community, or

(b) 300 of the electors (if 30% of the electors exceeds 300 electors),

are present and voting at the community meeting.

(4) The second condition is that no poll is held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.

(5) The third condition is that no poll is held within two years of an earlier poll which resulted in a rejection of a proposal to dissolve the group (that period of two years beginning with the day on which the earlier poll was held).

(6) The fourth condition is that at least two thirds of those voting in each poll support the proposal to dissolve the group.

(7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.”.

Gwybodaeth Cychwyn

I10 A. 109 mewn grym ar 10.7.2011, gweler a. 178(2)(c)

110 Gorchmynion yn diddymu grŵp o gymunedau LL+C

Ar ôl adran 27I o Ddeddf Llywodraeth Leol 1972 mewnosoder y canlynol—

“27J Orders dissolving a group of communities

(1) This section applies where the council for a group of communities applies to the principal council within whose area the communities lie for an order dissolving the group.

(2) The principal council must consider whether is it satisfied that—

(a) the conditions in section 27I are met, and

(b) any relevant requirements of Schedule 12 have been met.

(3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsection (4)).

(4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council for any of the communities in the group in accordance with this Act and Part I of the Representation of the People Act 1983.”.

Gwybodaeth Cychwyn

I11 A. 110 mewn grym ar 10.7.2011, gweler a. 178(2)(c)

111 Pŵer cyfarfod cymunedol i wneud cais am orchymyn yn gwahanu cymuned oddi wrth grŵp o gymunedau LL+C

Ar ôl adran 27J o Ddeddf Llywodraeth Leol 1972 mewnosoder y canlynol—

“27K Power of community meeting to apply for an order separating community from a group of communities

(1) This section sets out the conditions that must be met before an application may be made by a community meeting of a community included in a group of communities for an order under section 27L separating the community from the group.

(2) The first condition is that a community meeting of the community has taken an effective decision to hold a poll on a proposal to separate the community from its group.

(3) For the purposes of the first condition a decision is only effective if not less than—

(a) 30% of the local government electors for the community, or

(b) 300 of the electors (if 30% of the electors exceeds 300 electors),

are present and voting at the community meeting.

(4) The second condition is that the poll is not held before the end of the period of 42 days beginning with the day on which the decision to hold the poll was taken.

(5) The third condition is that the poll is not held within two years of an earlier poll which resulted in a rejection of a proposal to separate the community from its group (that period of two years beginning with the day on which the earlier poll was held).

(6) The fourth condition is that at least two-thirds of those voting in the poll support the proposal to separate the community from its group.

(7) Paragraph 34 of Schedule 12 to this Act (voting at community meetings) shall have effect subject to the provisions of this section.”.

Gwybodaeth Cychwyn

I12 A. 111 mewn grym ar 10.7.2011, gweler a. 178(2)(c)

112 Gorchmynion yn gwahanu cymuned oddi wrth grŵp o gymunedau LL+C

Ar ôl adran 27K o Ddeddf Llywodraeth Leol 1972 mewnosoder y canlynol—

“27L Orders separating a community from a group of communities

(1) This section applies where a community meeting of a community included in a group of communities applies to the principal council within whose area the community lies for an order separating the community from the group.

(2) The principal council must consider whether is it satisfied that—

(a) the conditions in section 27K are met, and

(b) any relevant requirements of Schedule 12 have been met.

(3) If the council is so satisfied, the council must make the order applied for (but this is subject to subsection (4)).

(4) The order shall make such provision as appears to the principal council to be necessary for the election of a community council for the community in accordance with this Act and Part I of the Representation of the People Act 1983.”.

Gwybodaeth Cychwyn

I13 A. 112 mewn grym ar 10.7.2011, gweler a. 178(2)(c)

113 Pŵer Gweinidogion Cymru i newid trothwy pleidleisio mewn cysylltiad â threfniadaeth cynghorau cymuned LL+C

Ar ôl adran 27L o Ddeddf Llywodraeth Leol 1972 mewnosoder y canlynol—

“27M Power of Welsh Ministers to alter voting thresholds in connection with organisation of community councils

(1) The Welsh Ministers may by order amend the following provisions of this Act—

(a) section 27A(3) and (6);

(b) section 27C(3) and (6);

(c) section 27E(3) and (6);

(d) section 27G(3), (4), (6) and (7);

(e) section 27I(3) and (6);

(f) section 27K(3) and (6).

(2) That power includes power to amend provision previously made by an order under subsection (1).

(3) No order may be made under subsection (1) unless the Welsh Ministers have carried out such consultation as they consider appropriate with the following—

(a) principal councils in Wales or a body representative of such councils, and

(b) community councils in Wales or a body representative of such councils.

(4) The power of the Welsh Ministers to make an order under subsection (1) is exercisable by statutory instrument.

(5) A statutory instrument which contains an order under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.”.

Gwybodaeth Cychwyn

I14 A. 113 mewn grym ar 10.7.2011, gweler a. 178(2)(c)

114 Trefniadaeth cymunedau a'u cynghorau: diwygiadau canlyniadol LL+C

(1) Diwygir Deddf Llywodraeth Leol 1972 fel a ganlyn—

(a) yn adran 30(5), yn lle “under section 28, 29 or 29A” rhodder “referred to in section 27B, 27D, 27F, 27H, 27J or 27L”;

(b) yn adran 31—

(i) yn y pennawd, yn lle “27 to 29” rhodder “27A to 27L”;

(ii) yn isadran (1), yn lle “28, 29 or 29A” rhodder “27B, 27D, 27F, 27H, 27J or 27L”;

(c) yn adran 255(1), yn lle “28, 29 or 29A” rhodder “27B, 27D, 27F, 27H, 27J or 27L”.

Gwybodaeth Cychwyn

I15 A. 114 mewn grym ar 10.7.2011, gweler a. 178(2)(c)

115 Darpariaeth drosiannol LL+C

Nid yw adrannau 88(1)(d) ac (e), 100 i 112, ac adran 114 (“darpariaethau Pennod 2”) yn gymwys mewn perthynas â'r canlynol—

(a) cais a wneir o dan adran 28, 29 neu 29A o Ddeddf Llywodraeth Leol 1972 cyn y dyddiad y daw darpariaethau Pennod 2 i rym; a

(b) cais a wneir ar ôl y dyddiad hwnnw ond y cynhaliwyd pleidlais fel y cyfeirir ati yn adran 29B(4) cyn y dyddiad y daw darpariaethau Pennod 2 i rym.

Gwybodaeth Cychwyn

I16 A. 115 mewn grym ar 10.7.2011, gweler a. 178(2)(c)