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(1)A local authority is to appoint the members of its [F1governance and] audit committee.
(2)A local authority must secure that—
(a)F2... two-thirds of the members of [F3that committee] are members of the authority;
[F4(b)one-third of the members of that committee are lay persons;]
(c)no more than one of the members of [F5that committee] is a member of the authority's executive [F6or an assistant to its executive];
(d)the senior member of its executive is not a member of [F7that committee].
(3)Subsection (2)(c) does not require the membership of a local authority's [F8governance and] audit committee to include a member of the authority's executive [F9or an assistant to its executive].
(4)The appointment of a person as a member of [F10a governance and] audit committee has no effect if the membership of the committee breaches subsection (2) immediately after the appointment (whether or not by virtue of the appointment).
(5)In a case where one or more persons are to become, or to cease to be, members of [F11a governance and] audit committee at a particular time, all those changes of membership are to be taken into account in determining whether the membership of the committee breaches subsection (2).
[F12(5A)A governance and audit committee is to appoint—
(a)a member of the committee as its chair (“the committee chair”), and
(b)a member of the committee as the deputy to the committee chair (“the deputy chair”).
(5B)The member appointed as the committee chair must be a lay person.
(5C)The member appointed as the deputy chair must not be a member of the local authority's executive or an assistant to its executive.]
F13(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F14(7)[F15A governance and] audit committee is to be treated as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.]
Textual Amendments
F1Words in s. 82(1) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 10 para. 4(a); S.I. 2021/297, reg. 2(h)
F2Words in s. 82(2)(a) omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), ss. 116(2)(a), 175(7); S.I. 2021/297, art. 3(b)
F3Words in s. 82(2)(a) substituted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 10 para. 4(b)(i); S.I. 2021/297, reg. 2(h)
F4S. 82(2)(b) substituted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 116(2)(b), 175(7); S.I. 2021/297, art. 3(b)
F5Words in s. 82(2)(c) substituted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 10 para. 4(b)(iii); S.I. 2021/297, reg. 2(h)
F6Words in s. 82(2)(c) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 6 para. 6(4)(a); S.I. 2021/231, art. 6(t) (as substituted by S.I. 2021/1249, art. 3(2))
F7Words in s. 82(2)(d) substituted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 10 para. 4(b)(iv); S.I. 2021/297, reg. 2(h)
F8Words in s. 82(3) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 10 para. 4(c); S.I. 2021/297, reg. 2(h)
F9Words in s. 82(3) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 6 para. 6(4)(b); S.I. 2021/231, art. 6(t) (as substituted by S.I. 2021/1249, art. 3(2))
F10Words in s. 82(4) substituted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 10 para. 4(d); S.I. 2021/297, reg. 2(h)
F11Words in s. 82(5) substituted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 10 para. 4(e); S.I. 2021/297, reg. 2(h)
F12S. 82(5A)-(5C) inserted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 116(3), 175(7); S.I. 2021/297, art. 3(b)
F13S. 82(6) omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), ss. 116(4), 175(7); S.I. 2021/297, art. 3(b)
F14S. 82(7) inserted (30.9.2013) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 61, 75(2)(d)
F15Words in s. 82(7) substituted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 10 para. 4(g); S.I. 2021/297, reg. 2(h)
Commencement Information
I1S. 82 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(j)
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