Local Government (Wales) Measure 2011

162 Power to make amalgamation order W

(1) The Welsh Ministers may, if they are satisfied that it is necessary to achieve effective local government, make an order (“an amalgamation order”) for the constitution of a new local government area by amalgamating two or three local government areas.

(2) Before making an amalgamation order, the Welsh Ministers must be satisfied that effective local government is not likely to be achieved in a local government area to be amalgamated by the order by—

(a) the exercise by any of the local authorities concerned of their powers under section 9 (Powers to collaborate etc) of the Local Government (Wales) Measure 2009, or

(b) the exercise by the Welsh Ministers of their powers under—

(i) section 28 (Welsh Ministers: support for Welsh improvement authorities),

(ii) section 29 (Welsh Ministers: powers of direction etc),

(iii) section 30 (Powers of direction: collaboration arrangements), or

(iv) section 31 (Powers of Welsh Ministers to modify enactments and confer new powers)

of that Measure.

(3) An amalgamation order must provide for—

(a) whether the new local government area is to be a county or a county borough,

(b) the English name and Welsh name of the new local government area,

(c) the establishment of a local authority for the new local government area,

(d) whether the new local authority is to be a county council or county borough council,

(e) the English name and Welsh name of the new local authority,

(f) the abolition of the existing local government areas,

(g) the boundary of the new local government area, and

(h) the winding up and dissolution of the local authorities for the existing local government areas.

(4) Where the new local government area is to be a county, the amalgamation order must provide for the new local authority to have the name of the county with the addition—

(a) in the case of their English name, of the words “County Council” or the word “Council” (as in “Pembrokeshire County Council” or “Pembrokeshire Council”); and

(b) in the case of their Welsh name, of the word “Cyngor” (as in “Cyngor Sir Penfro”).

(5) Where the new local government area is to be a county borough, the amalgamation order must provide for the new local authority to have the name of the county borough with the addition—

(a) in the case of their English name, of the words “County Borough Council” or the word “Council” (as in “Caerphilly County Borough Council” or “Caerphilly Council”); and

(b) in the case of their Welsh name, of the words “Cyngor Bwrdeistref Sirol” or the word “Cyngor” (as in “Cyngor Bwrdeistref Sirol Caerffili” or “Cyngor Caerffili”).

Commencement Information

I1 S. 162 in force at 31.8.2011 by S.I. 2011/2011, art. 2(s)