E1 Part II Local Government Areas and Authorities in Wales

Annotations:
Extent Information
E1

Part II (ss. 20-38) extends to Wales only: see s. 38

Members of principal councils

22 Chairman.

C41

The chairman of a principal council shall be elected annually by the council from among the councillors.

F281A

A member of the executive of a principal council F26, or an assistant to the executive, may not be elected as the chairman of the council.

2

The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

3

During his term of office the chairman shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

F14

The chairman of a principal council shall have precedence in the area of that council, but not so as to affect Her Majesty’s prerogative prejudicially.

F24A

Subsection (4) above shall have effect in relation to a principal council which are operating executive arrangements which involve a mayor and cabinet executive F20... as if it provided for the elected mayor of the council to have precedence in the area of that council, but this subsection shall not apply if the executive arrangements provide for it not to apply.

F235

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C1C523 Election of chairman.

1

The election of the chairman shall be the first business transacted at the annual meeting of a principal council.

2

If, apart from section 22(3) above or section 24(2) below, the person presiding at the meeting would have ceased to be a member of the council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

3

In the case of an equality of votes the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

C224 Vice-chairman.

1

A principal council shall appoint a member of the council to be a vice-chairman of the council.

F31A

A member of the executive of a principal council F21, or an assistant to the executive, may not be appointed as the vice-chairman of the council.

C32

The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

3

Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

F174

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24AF12Presiding member

1

A principal council may determine to have a presiding member.

2

A presiding member is elected by the principal council from among the councillors.

3

The principal council may determine—

a

the functions of the presiding member, and

b

the term of office of the member (subject to the limits in subsection (6)).

4

The functions of the presiding member may, in particular, include any function of the chairman of the principal council in relation to its meetings and proceedings.

5

A member of the executive of a principal council F11, or an assistant to the executive, may not be elected as its presiding member.

6

A presiding member is to continue in office until the occurrence of—

a

the presiding member's resignation or disqualification,

b

a successor becoming entitled to act as presiding member,

c

the principal council determining not to have an office of presiding member, or

d

an ordinary council election under section 26.

24BDeputy presiding member

1

The section applies where a principal council have determined to have a presiding member.

2

The principal council must appoint a member of the council to act as deputy to the presiding member (“the deputy presiding member”).

3

A member of the executive of a principal council F25, or an assistant to the executive, may not be appointed as the deputy presiding member.

4

A deputy presiding member is to continue in office until the occurrence of—

a

the deputy presiding member's resignation or disqualification,

b

a successor becoming entitled to act as deputy presiding member,

c

the council determining not to have an office of presiding member, or

d

an ordinary council election under section 26.

5

A deputy presiding member may do anything authorised or required to be done by the presiding member.

25 Term of office and retirement of councillors.

1

Councillors for a principal area shall be elected by the local government electors for that area in accordance with this Act F18, Part 1 of the F4Representation of the People Act 1983F10, and Part 1 of the Local Government and Elections (Wales) Act 2021.

F52

For the purpose of the election of councillors, every principal area in Wales shall be divided into electoral F16wards, each returning such number of councillors as may be provided by an order under paragraph 2 of Schedule 5 to this Act or under or by virtue of the provisions of Part IV of this Act F13or Part 3 of the Local Government (Democracy) (Wales) Act 2013 (anaw 4)F22, or by regulations under paragraph 9 or 10 of Schedule 1 to the Local Government and Elections (Wales) Act 2021.

3

There shall be a separate election for each electoral F15ward.

F625A Title of chairman or vice-chairman of county borough council.

1

The chairman of a county borough council is entitled to the style of “mayor” or “maer”.

2

The vice-chairman of a county borough council is entitled to the style of “deputy mayor” or “dirprwy faer”.

F73

This section does not apply where a county borough council are operating executive arrangements which involve a mayor and cabinet executive F19....

25BF27Title of civic chair

1

This section applies where—

a

a principal council have determined to have a presiding member under section 24A, and

b

the chairman of the council is not entitled to the style of “mayor” or “maer”.

2

The chairman of the council is entitled to the style of “civic chair” or “cadeirydd dinesig”.

3

The vice-chairman of the council is entitled to the style of ”civic vice-chair” or “dirprwy gadeirydd dinesig”.

F826 Elections of councillors.

1

The ordinary elections of councillors of the new principal councils shall take place in F92022 and in every F14fifth year after F92022.

2

The term of office of every such councillor shall be F24five years.

3

On the fourth day after any such ordinary election—

a

the persons who were councillors immediately before the election shall retire; and

b

the newly elected councillors shall assume office.