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Local Government and Elections (Wales) Act 2021

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Changes over time for: Cross Heading: Local Government and Housing Act 1989 (c. 42)

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Local Government and Housing Act 1989 (c. 42)E+W

5E+WThe Local Government and Housing Act 1989 is amended as follows.

Commencement Information

I1Sch. 5 para. 5 in force at 5.5.2022 by S.I. 2021/231, art. 6(s)

6E+WIn section 1 (disqualification and political restriction of certain officers and staff), after subsection (1) insert—

(1A)A person shall be disqualified from becoming (whether by election or otherwise) or remaining a member of any local authority in Wales if that person holds the post of chief executive of a local authority which is the council of a county or county borough in Wales.

Commencement Information

I2Sch. 5 para. 6 in force at 5.5.2022 by S.I. 2021/231, art. 6(s)

7E+WIn section 2 (politically restricted posts)—

(a)after subsection (1) insert—

(1A)For the purposes of this Part other than section 1(1), a person appointed as the chief executive of a local authority which is the council of a county or county borough in Wales is to be regarded as holding a politically restricted post under that authority.;

(b)in subsection (7)(a) and (b), after “head of the authority's paid service” in both places it occurs, insert “ or (in the case of a council for a county or county borough in Wales) the authority's chief executive ”.

Commencement Information

I3Sch. 5 para. 7 in force at 5.5.2022 by S.I. 2021/231, art. 6(s)

8E+WIn section 4(6) (definition of “relevant authority”)—

(a)in paragraph (a), omit “and Wales”;

(b)after paragraph (a) (and before the “and” which follows it) insert—

(aa)in relation to Wales, means an elected local policing body;.

Commencement Information

I4Sch. 5 para. 8 in force at 5.5.2022 by S.I. 2021/231, art. 6(s)

9E+WIn section 5 (designation and reports of monitoring officer)—

(a)in subsection (1B)—

(i)omit “and Wales”;

(ii)omit paragraph (b);

(b)after subsection (1B) insert—

(1BA)The officer designated under subsection (1)(a) above by a relevant authority which is the council of a county or county borough in Wales may not be the authority's chief executive.;

[F1(c)for subsection (3)(a) substitute—

(a)in preparing a report under this section to consult so far as practicable with—

(i)in the case of a relevant authority which is the council of a county or county borough in Wales, the person who is for the time being the authority’s chief executive and with their chief finance officer;

(ii)in the case of a relevant authority which is a corporate joint committee, the person who is for the time being appointed as the authority’s chief executive and with their chief finance officer;

(iii)in the case of any other relevant authority, the person who is for the time being designated as the head of the authority’s paid service under section 4 above and with their chief finance officer;]

10E+WIn section 5A(5) (consultation by monitoring officer on reports where council operates executive arrangements), in paragraph (a) after “chief finance officer” insert “ or, in the case of a council of a county or county borough in Wales, with the person who is for the time being the authority's chief executive and with their chief finance officer ”.

Commencement Information

I6Sch. 5 para. 10 in force at 5.5.2022 by S.I. 2021/231, art. 6(s)

11E+WIn section 21 (interpretation of Part 1), in subsection (3) before the definition of “contravention” insert—

chief executive” means the person appointed under section 54 of the Local Government and Elections (Wales) Act 2021 as the chief executive of a council of a county or county borough in Wales;.

Commencement Information

I7Sch. 5 para. 11 in force at 5.5.2022 by S.I. 2021/231, art. 6(s)

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