Local Government (Wales) Measure 2011 Explanatory Notes

  • Explanatory Notes Table of contents

  1. Introduction

  2. Commentary on Sections

    1. Part 1 – Strengthening local democracy

      1. Section 1 - Duty to conduct a survey

      2. Section 2 – Completion of a survey and publication of information

      3. Section 3 – Guidance about surveys

      4. Section 4 – Remote attendance at meetings

      5. Section 5 – Annual reports by members of a local authority

      6. Section 6 – Timing of council meetings

      7. Section 7 – Training and development of members of a local authority

      8. Section 8 – Head of democratic services

      9. Section 9 – Democratic services functions

      10. Section 10 – Duty to adopt standing orders about management of staff

      11. Section 11 – Local authorities to appoint democratic services committees

      12. Section 12 - Membership

      13. Section 13 – Sub-committees

      14. Section 14 – Proceedings etc

      15. Section 15 – Frequency of meetings

      16. Section 16 – Discharging functions

      17. Section 17 – Termination of membership on ceasing to be a member of authority

      18. Section 18 – Reports and recommendations by head of democratic services

      19. Section 19 – Reports and recommendations by democratic services committees

      20. Section 20 – Local authority functions not to be delegated

      21. Section 21 – Head of democratic services to be a politically restricted post

      22. Section 22 – Meaning of “member”

    2. Part 2 - Family Absence for members of local authorities

      1. Section 23 – Right to family absence

      2. Section 24 – Maternity absence

      3. Section 25 – Newborn absence

      4. Section 26 – Adopter’s absence

      5. Section 27 – New adoption absence

      6. Section 28 – Parental absence

      7. Section 29 – Regulations: supplemental

      8. Section 30 – Guidance

      9. Section 31 – Amendment of the Local Government Act 1972

      10. Section 32 Amendment of Local Government Act 2000

      11. Section 33 – Interpretation of Part 2

    3. Part 3 – Available Governance Arrangements

      1. Section 34 - Abolition of mayor and council manager executive

      2. Section 35 – Authorities to replace alternative arrangements with executive arrangements

    4. Schedule 1 – Change from alternative to executive arrangements

    5. Section 36 - Consequential provision etc

    6. Part 4 – Changes to Executive Arrangements

      1. Section 37 – Power to adopt a different form of executive

      2. Section 38 – Proposals for adopting a different form of executive

        Section 39 – Contents of proposals

        Section 40 – Referendums

        Section 41 – Timetable for implementation of proposals: no referendum

        Section 42 – Timetable for implementation of proposals: referendum

        Section 43 – Publicity for proposals

        Section 44 – Implementing proposals

        Section 45 – Action if referendum rejects a change

      3. Section 46 – Changes of executive arrangements requiring approval in a referendum

      4. Section 47 – Interpretation

      5. Section 48 – Power to vary the existing form of executive

        Section 49 – Proposals for varying the form of executive

        Section 50 – Contents of proposals

        Section 51 – Implementing proposals

        Section 52 – Powers under which executive arrangements may be varied

      6. Section 53 – Forms of executive

      7. Section 54 – Consequential provision etc

    7. Part  5 – Local Authority functions: Discharge by Committees and Councillors

      1. Section 55 – Area covered and membership

        Section 56 – Exercise of functions by councillors

        Section 57 – Consequential provision

    8. Part 6 – Overview and Scrutiny

      1. Section 58 – Joint overview and scrutiny committees

      2. Section 59 – Scrutinising designated persons

        Section 60 – Notifying designated persons of report or recommendations

      3. Section 61 – Designated persons

      4. Section 62 – Taking into account the views of the public

      5. Section 63 – Reference of matters to overview and scrutiny committee etc

      6. Section 64 – Duty to respond to overview and scrutiny committee

      7. Section 65 – Provision consequential on sections 63 and 64

      8. Section 66 – Provision in standing orders about appointment of persons to chair committees

        Section 67 – When appointments to be made by committee

        Section 68 – When appointments to be made by non-executive group

        Section 69 – How appointments to be made in other cases

      9. Section 70 – Appointments to be made by political groups

        Section 71 – Failure to make appointments in accordance with section 70

        Section 72 – Changes in composition of executive

        Section 73 – Occasional vacancies in committee chairs

        Section 74 – Appointment provision determined by authority

      10. Section 75 – Supplementary provision and interpretation

      11. Section 76 – Guidance and directions about co-option

      12. Section 77 – Forward plans and other information

      13. Section 78 – Prohibition of whipped votes & declaration of party whips

      14. Section 79 - Guidance and directions

      15. Section 80 – Interpretation of this Chapter

      16. Section 81 – Local authorities to appoint audit committees

        Section 82 – Membership

        Section 83 – Proceedings etc

        Section 84 – Frequency of meetings

        Section 85 - Guidance

        Section 86 – Termination of membership on ceasing to be member of authority

        Section 87 – Interpretation etc

    9. Part 7 – Communities and Community councils

      1. Section 88 - Convening of community meetings by local government electors

      2. Section 89 – Notice of community meeting convened by local government electors

      3. Section 90 – Facility for the provision of electronic notices of the convening of community meetings

      4. Section 91 – Action following receipt of notice of a community meeting

      5. Section 92 – Public notice of community meeting

      6. Section 93 – Demands for community polls

      7. Section 94 - Notice to be given by returning officer following taking of a poll consequent on a community meeting

      8. Section 95 - Determination of monitoring officer as to the council to whose functions a poll relates

      9. Section 96 – Consideration of result of community poll by community council

      10. Section 97 – Action to be taken following community council’s consideration of results of certain community polls

      11. Section 98 – Consideration of result of community poll by principal council

      12. Section 99 – Principal council’s explanation of its response to a community poll

      13. Section 100 – Repeal of existing provisions about establishment and dissolution of community councils, etc

      14. Section 101 – Power of community meeting to apply for an order establishing a community council

      15. Section 102 – Orders establishing separate community councils for communities

      16. Section 103 – Power of community meeting to apply for an order dissolving its separate community council

      17. Section 104 – Orders dissolving separate community councils for communities

      18. Section 105 – Power of community meeting to apply for an order grouping its community with other communities under a common community council

      19. Section 106 – Orders grouping a community with other communities under a common community council

      20. Section 107 – Power of community meeting to apply for an order adding its community to a group of communities with a common council

      21. Section 108 – Orders adding a community to a group of communities with a common council

      22. Section 109 – Power of council for a group of communities to apply for an order dissolving the group

      23. Section 110 – Orders dissolving a group of communities

      24. Section 111 – Power of community meeting to apply for order separating community from a group of communities

      25. Section 112 – Orders separating a community from a group of communities

      26. Section 113 – Power of Welsh Ministers to alter voting threshold in connection with organisation of community councils

      27. Section 114 – Organisation of communities and their councils: consequential amendments

      28. Section 115 – Transitional provision

      29. Section 116 – Requirement of public notice where vacancies in community council membership are to be filled by co-option

      30. Section 117 – Guidance about giving public notice of co-option

      31. Section 118 – Appointment of community youth representatives by community councils

      32. Section 119 – Notice requirements in connection with youth representative appointments

      33. Section 120 – Guidance about appointment of community youth representatives

      34. Section 121 – Effect of appointment as a community youth representative

      35. Section 122 – Reports about discharge of a principal council’s function of keeping community areas under review

      36. Section 123 – Reports about discharge of a principal council’s function of keeping electoral arrangements for communities under review

      37. Section 124 – Exercise of functions by the Local Government Boundary Commission for Wales on behalf of principal councils

      38. Section 125 – Sums payable in respect of reviews carried out by the Local Government Boundary Commission for Wales

      39. Section 126 – Community councils’ powers to promote well-being

      40. Section 127 – Modifications of enactments preventing or obstructing a community council from exercising their well-being power

      41. Section 128 - Transitional provision

      42. Section 129 – Welsh Ministers’ power to pay grant to community councils

      43. Section 130 - Power to set out model charter agreement

      44. Section 131- Directions requiring the adoption of model charter agreements

      45. Section 132- Guidance about model charter agreements

      46. Section 133 - Consultation

      47. Section 134 – Schemes for the accreditation of quality in community government

      48. Section 135 – Accreditation of quality in community government: criteria

        Section 136 – Accreditation of quality in community government: applications

        Section 137 – Accreditation of quality in community government: fees

        Section 138 – Accreditation of quality in community government: removal of accreditation

        Section 139 – Applications for accreditation of quality in community government: delegation of functions

        Section 140 – Accreditation of quality in community government consequences

    10. Part 8 – Members: Payment and Pensions

      1. Section 141 – The Panel

    11. Schedule 2 – The Panel

    12. Section 142 – Functions relating to payments to members

    13. Section 143 – Functions relating to members’ pensions

    14. Section 144 – Relevant authorities, members etc

    15. Section 145 – Annual reports

      Section 146 – First annual report

      Section 147 – Subsequent annual reports

      Section 148 – Consultation on draft reports

    16. Section 149 – Directions to vary reports

    17. Section 150 – Administrative requirements in reports

      Section 151 – Publicity requirements in reports

    18. Section 152 – Publicising reports

    19. Section 153 – Compliance with panel’s requirements

    20. Section 154 – Members wishing to forgo payments

    21. Section 155 – Withholding payments

    22. Section 156 – Directions to comply with requirements

    23. Section 157 - Guidance

    24. Section 158 – Power to modify provision about Panel

    25. Section 159 – Interpretation of Part 8

    26. Section 160 - Consequential amendments

    27. Schedule 3 – Payments and Pensions: Minor and consequential amendments

    28. Part 9 – Collaboration and Amalgamation

      1. Section 161 - Guidance about collaboration between Welsh improvement authorities

      2. Section 162 – Power to make an amalgamation order

      3. Section 163 – Electoral matters

      4. Section 164 – Requirement to hold a referendum involving an elected mayor

      5. Section 165 – Power to direct a referendum involving an elected mayor

      6. Section 166 – Supplementary, incidental, consequential, transitional and saving provision

      7. Section 167 – Review of electoral arrangements

      8. Section 168 – Amendment to the Local Government Act 1972

      9. Section 169 – Procedure applicable to an amalgamation order

      10. Section 170 – Correction of orders

      11. Section 171 – Interpretation

    29. Part 10 - General

      1. Section 172 – Orders and regulations

      2. Section 173 - Procedure applicable to certain orders under section 127

      3. Section 174 – Guidance and directions

      4. Section 175 – Interpretation

      5. Section 176 – Consequential amendments and repeals

    30. Schedule 4 – Repeals and revocations

    31. Section 177 - Power to make supplementary provision

    32. Section 178 – Commencement

    33. Section 179 – Short Title

  3. Record of Proceedings in National Assembly for Wales

  • Explanatory Notes Table of contents

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