Local Authorities (Proposals for Alternative Arrangements) (Wales) Regulations 2001

Proposals for Alternative Arrangements

3.—(1) For the purpose of drawing up proposals a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area and shall comply with paragraphs (2) and (3) in undertaking that consultation.

(2) When undertaking the consultation required by paragraph (1) a local authority must, if more than one type of alternative arrangements is permitted by regulations under section 32 of the Act:

(a) describe and represent in a fair and balanced way each of the types of alternative arrangements for the time-being permitted by regulations under section 32 of the Act;

(b) ensure that in responding to that consultation local electors for, and other interested parties in, the authority’s area have an opportunity clearly to express their preference for any of those types of alternative arrangements; and

(c) use a combination of qualitative and quantitative methods of consultation.

(3) When undertaking the consultation required by paragraph (1) a local authority must (whether or not more than one type of alternative arrangements is permitted by regulations under section 32 of the Act):

(a) ensure that all local electors for, and other interested parties in, the authority’s area have an opportunity to respond to that consultation; and

(b) not include in that consultation any consultation which the authority has determined to conduct for the purpose of making representations to the National Assembly for Wales to make a particular type of alternative arrangements available in regulations under section 32 of the Act.

(4) In drawing up its proposals a local authority must—

(a) decide which type of alternative arrangements is to be included in the proposals; and

(b) comply with any directions given by the National Assembly for Wales for the purposes of these Regulations.

(5) A local authority must include in its proposals—

(a) a statement (by reference to regulations made under section 32 of the Act) of the particular type of alternative arrangements involved in the proposals;

(b) a description of the roles of the authority itself under the proposed arrangements;

(c) a statement of the number of committees and sub-committees the authority intends to establish for the discharge of the functions which the authority intend will be discharged by those committees and sub-committees under the proposed alternative arrangements;

(d) a description of the proposed arrangements to be included in the proposed alternative arrangements for the operation of committees or sub-committees to review or scrutinise decisions made, or other action taken, in connection with the discharge of functions of the authority;

(e) a timetable with respect to the implementation of the proposals;

(f) details of any transitional arrangements which are necessary for the implementation of the proposals;

(g) a description of such other features of the proposed alternative arrangements as the authority may determine to include in the proposals; and

(h) any such other information as may be required by directions given by the National Assembly for Wales.

(6) A local authority shall send to the National Assembly for Wales—

(a) a copy of its proposals; and

(b) a statement which describes—

(i) the steps which the authority took to consult the local government electors for, and other interested persons in, the authority’s area, both pursuant to section 31(5) of the Act and to paragraph (1) above;

(ii) the outcome of those consultations and the extent to which that outcome is reflected in the proposals;

(iii) the reasons why the authority considers that its proposals will be more suitable for circumstances in that authority and its area than any form of executive specified in or under section 11 of the Act; and

(iv) the reasons why the authority considers that its proposals would be likely, if implemented, to ensure that decisions of the authority are taken in an efficient transparent and accountable way.

(7) A local authority must implement its proposals in accordance with the timetable included in those proposals.