Local Government Act 2000

Part IIE+W [F1Local authorities in Wales: arrangements] with respect to executives etc.

Executive arrangementsE+W

10 Executive arrangements.E+W

(1)In this Part “executive arrangements” means arrangements by a local authority [F2 in Wales]—

(a)for and in connection with the creation and operation of an executive of the authority, and

(b)under which certain functions of the authority are the responsibility of the executive.

(2)Executive arrangements by a local authority [F2in Wales] must conform with any provisions made by or under this Part which relate to such arrangements.

Local authority executivesE+W

11 Local authority executives.E+W

[F3(1)The executive of a local authority must take a form specified in subsections (2) to (5) that is applicable to the authority.]

(2)[F4[F5The] executive may consist of—]

(a)an elected mayor of the authority, and

(b)two or more councillors of the authority appointed to the executive by the elected mayor.

Such an executive is referred to in this Part as a mayor and cabinet executive.

F6(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F7[F8The] executive may consist of—]

(a)a councillor of the authority (referred to in this Part as the executive leader) elected as leader of the executive by the authority, and

(b)two or more councillors of the authority appointed to the executive by one of the following—

(i)the executive leader, or

(ii)the authority.

Such an executive is referred to in this Part as a [F9leader and cabinet executive (Wales)].

(4)[F10[F11In the case of any local authority in Wales, the executive may consist of—]

(a)an elected mayor of the authority, and

(b)an officer of the authority (referred to in this Part as the council manager) appointed to the executive by the authority.]

Such an executive is referred to in this Part as a mayor and council manager executive.

(5)[F12[F13 The] executive] may take any such form as may be prescribed in regulations made by the [F14Welsh Ministers].

(6)Regulations under subsection (5) may, in particular, provide for—

(a)a form of executive some or all of the members of which are elected by the local government electors for the authority’s area to a specified post in the executive associated with the discharge of particular functions,

(b)a form of executive some or all of the members of which are elected by those electors but not to any such post,

(c)the system of voting that will be used for elections under paragraph (a) or (b).

(7)A local authority executive may not include the chairman or vice-chairman of the authority.

(8)The number of members of a mayor and cabinet executive or a leader and cabinet executive [F15(Wales)] may not exceed 10.

[F16(8ZA)But if two or more councillors are elected to share office as executive leader (by virtue of paragraph 2(2A) of Schedule 1) or are appointed to the executive to share office (by virtue of paragraph 2A of Schedule 1), the number of members of the executive may exceed 10 but not 13; and where the number of members of the executive is—

(a)11 or 12, at least two of the members must have been elected or appointed to share office;

(b)13, at least three of the members must have been elected or appointed to share office.]

[F17(8A)For the purposes of [F18subsections (8) and (8ZA)], no account is to be taken of a member appointed to the executive on a temporary basis to cover the absence of a member exercising a right to a family absence under Part 2 of the Local Government (Wales) Measure 2011.]

[F19(9)The Welsh Ministers may by regulations amend subsections (8) and (8ZA) so as to provide for different maximum numbers of members of an executive to which those subsections apply; but the power under this subsection may not be exercised so as to provide—

(a)for a maximum number in subsection (8) which exceeds 10, or

(b)for a maximum number in subsection (8ZA) which exceeds 13.]

F20(9A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Section 101 of the M1Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under [F21subsection F22... (3)(a)] or appointing councillors [F23 or an officer ] to the executive under subsection (3)(b)(ii) [F24or (4)(b)].

12 Additional forms of executive.E+W

(1)In deciding whether to make regulations under section 11(5) prescribing a particular form of executive, or which provision to make under section 17 in relation to that form of executive, the [F25Welsh Ministers] must have regard to—

(a)any proposals made to [F26them] under subsection (2),

(b)the extent to which [F27they consider] that the operation by a local authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way,

(c)the extent to which that form of executive differs from the forms of executive for the time being permitted by or under section 11,

(d)the number and description of authorities for which [F28they consider] that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive to consider.

(2)For the purposes of subsection (1), a local authority may propose to the [F29Welsh Ministers] a form of executive in relation to which the authority consider that the conditions mentioned in subsection (3) are satisfied.

(3)Those conditions are—

(a)that the operation by the authority of executive arrangements involving that form of executive would be an improvement on the arrangements which the authority have in place for the discharge of their functions at the time that the proposal is made to the [F30Welsh Ministers],

(b)that the operation by the authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way, and

(c)that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive for all local authorities, or for any particular description of local authority, to consider.

(4)A proposal under subsection (2)—

(a)must describe the form of executive to which it relates,

(b)must describe the provision which the authority consider should be made under section 17 in relation to that form of executive, and

(c)must explain why the authority consider that the conditions mentioned in subsection (3) are satisfied in relation to that form of executive.

Executive functionsE+W

13 Functions which are the responsibility of an executive.E+W

(1)This section has effect for the purposes of determining the functions of a local authority which are the responsibility of an executive of the authority under executive arrangements.

(2)Subject to any provision made by this Act or by any enactment which is passed or made after the day on which this Act is passed, any function of a local authority which is not specified in regulations under subsection (3) is to be the responsibility of an executive of the authority under executive arrangements.

(3)The [F31Welsh Ministers] may by regulations make provision for any function of a local authority specified in the regulations—

(a)to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,

(b)to be a function which may be the responsibility of such an executive under such arrangements, or

(c)to be a function which—

(i)to the extent provided by the regulations is to be the responsibility of such an executive under such arrangements, and

(ii)to the extent provided by the regulations is not to be the responsibility of such an executive under such arrangements.

(4)Executive arrangements must make provision for any function of a local authority falling within subsection (3)(b)—

(a)to be a function which is to be the responsibility of an executive of the authority,

(b)to be a function which is not to be the responsibility of such an executive, or

(c)to be a function which—

(i)to the extent provided by the arrangements is to be the responsibility of such an executive, and

(ii)to the extent provided by the arrangements is not to be the responsibility of such an executive.

(5)The power under subsection (3)(c) or (4)(c) includes power in relation to any function of a local authority—

(a)to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of a local authority, and

(b)to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.

(6)The [F32Welsh Ministers] may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.

(7)A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the M2Local Government Act 1972, or any provision of that section, does not apply to that function.

(8)Any reference in the following provisions of this Part to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of this section, the responsibility of the executive under such arrangements.

(9)Any function which is the responsibility of an executive of a local authority under executive arrangements—

(a)is to be regarded as exercisable by the executive on behalf of the authority, and

(b)may be discharged only in accordance with any provisions made by or under this Part F33... [F34or under section 56 of the Local Government (Wales) Measure 2011] which apply to the discharge of any such function by that form of executive.

(10)Accordingly any function which is the responsibility of an executive of a local authority under executive arrangements—

(a)may not be discharged by the authority,

(b)is not to be a function to which section 101(1) of the M3Local Government Act 1972 applies, and

(c)may be the subject of arrangements made under section 101(5) of that Act only if permitted by any provision made under section 20.

(11)Subject to any provision made under subsection (12), any function which, under executive arrangements, is not the responsibility of an executive of a local authority is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Part.

(12)The [F35Welsh Ministers] may by regulations make provision with respect to the discharge of any function which, under executive arrangements, is not the responsibility of an executive of a local authority (including provision disapplying section 101 of the M4Local Government Act 1972 or any provision of that section).

(13)Any reference in this section to a function specified in regulations includes a reference to a function of a description specified in regulations.

(14)In this section—

• “action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—

  (a)

  the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,

  (b)

  the doing of anything incidental or conducive to the discharge of the function, or

  (c)

  the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b),

• “function” means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act.

Provisions with respect to executive arrangementsE+W

14 [F36Discharge of functions: [F37mayor and cabinet executive]] E+W

[F38(1)Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility [F39of a mayor and cabinet executive are to be discharged in accordance with this section]. ]

(2)The [F40elected mayor] —

(a)may discharge any of those functions, or

(b)may arrange for the discharge of any of those functions—

(i)by the executive,

(ii)by another member of the executive,

(iii)by a committee of the executive, or

(iv)by an officer of the authority.

(3)Where by virtue of this section any functions may be discharged by a local authority executive, then, unless the [F40elected mayor] otherwise directs, the executive may arrange for the discharge of any of those functions—

(a)by a committee of the executive, or

(b)by an officer of the authority.

(4)Where by virtue of this section any functions may be discharged by a member of a local authority executive, then, unless the [F40elected mayor] otherwise directs, [F41the member who may discharge the function] may arrange for the discharge of any of those functions by an officer of the authority.

(5)Where by virtue of this section any functions may be discharged by a committee of a local authority executive, then, unless the [F40elected mayor] otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.

(6)Any arrangements made by virtue of this section by [F42an elected mayor], executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent [F43the elected mayor], executive, member or committee by whom the arrangements are made from exercising those functions.

F44(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15 [F45Discharge of functions: leader and cabinet executive (Wales)]E+W

(1)Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility of a [F46leader and cabinet executive (Wales)] are to be discharged in accordance with this section.

(2)The executive arrangements may make provision with respect to the allocation of any functions which are the responsibility of the executive among the following persons—

(a)the executive,

(b)any members of the executive,

(c)any committees of the executive, and

(d)any officers of the authority.

(3)If the executive arrangements make such provision as is mentioned in subsection (2), any person to whom a function is allocated in accordance with that provision may discharge the function.

(4)If or to the extent that the functions which are the responsibility of the executive are not allocated in accordance with such provision as is mentioned in subsection (2), the executive leader—

(a)may discharge any of those functions, or

(b)may arrange for the discharge of any of those functions—

(i)by the executive,

(ii)by another member of the executive,

(iii)by a committee of the executive, or

(iv)by an officer of the authority.

(5)Where by virtue of this section any functions may be discharged by a local authority executive, the executive may arrange for the discharge of any of those functions—

(a)by a committee of the executive, or

(b)by an officer of the authority.

(6)Where by virtue of this section any functions may be discharged by a member of a local authority executive, that member may arrange for the discharge of any of those functions by an officer of the authority.

(7)Where by virtue of this section any functions may be discharged by a committee of a local authority executive, the committee may arrange for the discharge of any of those functions by an officer of the authority.

(8)Where the executive leader makes or has made any arrangements under subsection (4)(b)(i), (ii) or (iii), he may direct that subsection (5), (6) or (7) (as the case may be) is not to apply to any of the functions which are the subject of those arrangements or is not to apply to any of those functions in such cases or circumstances as he may direct.

(9)Any arrangements made by virtue of this section by an executive leader, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent the executive leader, executive, member or committee by whom the arrangements are made from exercising those functions.

(10)The reference in subsection (2)(b) to the members of the executive includes a reference to the executive leader, and subsection (6) in its application for the purposes of subsection (2)(b) is to be construed accordingly.

16 Discharge of functions: mayor and council manager executive.E+W

[F47(1)Subject to any provision made under section 18, 19 or 20, the functions which, under executive arrangements, are the responsibility of a mayor and council manager executive are to be discharged in accordance with this section.

(2)The council manager—

(a)may discharge any of those functions, or

(b)may arrange for the discharge of any of those functions—

(i)by the executive, or

(ii)by an officer of the authority.

(3)In deciding—

(a)whether or how to discharge any functions, or

(b)whether to arrange for any functions to be discharged by the executive or an officer of the authority,

the council manager must have regard to any advice given by the elected mayor.

(4)Where by virtue of this section any functions may be discharged by the executive of a local authority, the executive may arrange for the discharge of any of those functions by an officer of the authority.

(5)Any arrangements made by virtue of this section by a council manager or executive for the discharge of any functions by an executive or officer are not to prevent the council manager or executive by whom the arrangements are made from exercising those functions.]

17 Discharge of functions: s. 11(5) executive.E+W

(1)The [F48Welsh Ministers] may by regulations make provision with respect to the ways in which any functions which, under executive arrangements, are the responsibility of an executive which takes a form prescribed in regulations under section 11(5) are to be discharged.

(2)The provision which may be made by regulations under this section includes provision which applies or reproduces (with or without modifications) any provisions of section 14, 15 or 16.

(3)Nothing in subsection (2) affects the generality of the power under subsection (1).

(4)Any provision made by regulations under this section is subject to any provision made under section 18, 19 or 20.

18 Discharge of functions by area committees.E+W

(1)The [F49Welsh Ministers] may by regulations make provision for or in connection with enabling an executive of a local authority, or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive by an area committee of that authority.

(2)Regulations under this section may impose limitations or restrictions on the arrangements which may be made by virtue of the regulations (including limitations or restrictions on the functions which may be the subject of such arrangements).

(3)In this section—

• [F50“area committee” [F51means] a committee or sub-committee of the authority which satisfies the conditions in subsection (6);]

• “specified” means specified in regulations under this section.

F52(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F53(6)A committee or sub-committee of a local authority F54... satisfies the conditions in this subsection if—

(a)the committee or sub-committee is established to discharge functions in respect of part of the area of the authority,

(b)that part consists of the whole of one or more electoral divisions of the authority,

(c)all the members of the authority who are elected for that electoral division, or those electoral divisions, are entitled to be members of the committee or sub-committee,

(d)no members of the authority, other than those mentioned in paragraph (c), may be members of the committee or sub-committee, and

(e)either or both of the conditions in subsection (7) are satisfied in relation to that part.

(7)Those conditions are—

(a)that the area of that part does not exceed one-half of the total area of the authority;

(b)that the population of that part, as estimated by the authority, does not exceed one-half of the total population of the area of the authority as so estimated.]

19 Discharge of functions of and by another local authority.E+W

(1)The [F55Welsh Ministers] may by regulations make provision for or in connection with enabling an executive of a local authority F56..., or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive—

[F57(a)by a relevant authority (other than the local authority), or]

(b)by [F58a relevant executive (other than an executive of the local authority)] or a committee or specified member of such an executive.

(2)The [F59Welsh Ministers] may by regulations make provision for or in connection with enabling a [F60relevant authority in Wales] to arrange for the discharge of any of their functions by [F61a relevant executive (other than an executive of the relevant authority)] or a committee or specified member of such an executive.

(3)The reference in subsection (2) to the functions of a [F62relevant authority in Wales], in a case where the authority are operating executive arrangements, is a reference to the functions which, under those arrangements, are not the responsibility of the authority’s executive.

(4)Regulations under subsection (1) or (2) may include provision—

(a)requiring, in the case of arrangements for the discharge of any functions by [F63a relevant executive] or a committee or member of such an executive, the approval of the authority [F64of which the executive is part] to such arrangements,

(b)which, in the case of arrangements for the discharge of any functions by a [F65relevant authority], enables any of those functions to be delegated,

(c)which, in the case of arrangements for the discharge of any functions by [F66a relevant executive] or a committee or member of such an executive, enables any of those functions to be delegated.

(5)The provision which may be made under subsection (4)(b) includes provision which applies or reproduces (with or without modifications) any provisions of section 101(2) to (4) of the M5Local Government Act 1972.

(6)The provision which may be made under subsection (4)(c) includes provision which applies or reproduces (with or without modifications) any provisions of section 14(3) to (6), 15(5) to (9) or 16(3) to (5).

(7)Nothing in subsection (4), (5) or (6) affects the generality of the power under subsection (1) or (2).

(8)In this section [F67—

• "relevant authority” means a local authority within the meaning of section 101 of the Local Government Act 1972;

• “relevant executive” means an executive of a local authority under either this Part or Part 1A;

• “specified”] means specified in regulations under this section.

20 Joint exercise of functions.E+W

(1)The [F68Welsh Ministers] may by regulations make provision for or in connection with permitting arrangements under section 101(5) of the M6Local Government Act 1972 where any of the functions which are the subject of the arrangements are the responsibility of an executive of a local authority under executive arrangements.

(2)The provision which may be made under subsection (1) includes provision—

(a)as to the circumstances in which the executive, or a committee or specified member of the executive, is to be a party to the arrangements in place of the authority,

(b)as to the circumstances in which—

(i)the authority, and

(ii)the executive or a committee or specified member of the executive,

are both to be parties to the arrangements,

(c)as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of the M7Local Government Act 1972, so far as they relate to any joint committee falling within section 101(5)(a) of that Act, are instead to be exercised by the executive or a committee or specified member of the executive,

(d)as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of that Act, so far as they relate to any such joint committee, are to be exercised by the authority,

(e)as to the circumstances in which appointments to any such joint committee by the executive, or a committee or specified member of the executive, need not be made in accordance with the political balance requirements,

(f)as to the persons (including officers of the authority) who may be appointed to any such joint committee by the executive or a committee or specified member of the executive.

(3)Nothing in subsection (2) affects the generality of the power under subsection (1).

(4)In this section “specified” means specified in regulations under this section.

21 Overview and scrutiny committees.E+W

(1)Executive arrangements by a local authority must include provision for the appointment by the authority of one or more committees of the authority (referred to in this Part as overview and scrutiny committees).

(2)Executive arrangements by a local authority must ensure that their overview and scrutiny committee has power (or their overview and scrutiny committees [F69, and any joint overview and scrutiny committees,] have power between them)—

(a)to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the executive,

(b)to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are the responsibility of the executive,

(c)to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are not the responsibility of the executive,

(d)to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are not the responsibility of the executive,

(e)to make reports or recommendations to the authority or the executive on matters which affect the authority’s area or the inhabitants of that area,

[F70(f)in the case of the overview and scrutiny committee or committees of an authority to which F71[F72... section 184 of the National Health Service (Wales) Act 2006 applies, to review and scrutinise, in accordance with regulations under [F73that section], matters relating to the health service (within the meaning given by [F74that Act, as extended by that section]) in the authority’s area, and to make reports and recommendations on such matters in accordance with the regulations.]

[F75(2A)In subsection (2), “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means—

F76(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 185 of the National Health Service (Wales) Act 2006 appointed by the authority concerned and one or more other local authorities,

(d)an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section, or

(e)a joint overview and scrutiny [F77committee] within the meaning of section 58 of the Local Government (Wales) Measure 2011 appointed by two or more local authorities, one of which is the authority concerned].

(3)The power of an overview and scrutiny committee under subsection (2)(a) to review or scrutinise a decision made but not implemented includes power—

(a)to recommend that the decision be reconsidered by the person who made it, or

(b)to arrange for its function under subsection (2)(a), so far as it relates to the decision, to be exercised by the authority.

(4)F78...An overview and scrutiny committee of a local authority may not discharge any functions other than its functions under this section[F79, sections [F8021A and 21B]] [F81or Part 4 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2)]. F82...

F83(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)An overview and scrutiny committee of a local authority—

(a)may appoint one or more sub-committees, and

(b)may arrange for the discharge of any of its functions by any such sub-committee.

(7)A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under subsection (6)(b).

F84(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, may not include any member of the authority’s executive [F85or any assistant to the executive (within the meaning of paragraph 3A of Schedule 1)].

(10)An overview and scrutiny committee of a local authority, or any sub-committee of such a committee, may include persons who are not members of the authority, but (subject to any provision made by or under [F86paragraph 8 or] 9 of Schedule 1) any such persons are not entitled to vote at any meeting of such a committee or sub-committee on any question which falls to be decided at that meeting F87....

[F88(10A)For provision about the appointment of persons to chair overview and scrutiny committees of local authorities F89..., see sections 66 to 75 of the Local Government (Wales) Measure 2011.]

(11)An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, is to be treated—

(a)as a committee or sub-committee of a principal council for the purposes of Part VA of the M8Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), and

(b)as a body to which section 15 of the M9Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.

(12)Subsections (2) and (5) of section 102 of the M10Local Government Act 1972 are to apply to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.

(13)An overview and scrutiny committee of a local authority or a sub-committee of such a committee—

(a)may require members of the executive, and officers of the authority, to attend before it to answer questions,

[F90(aa)may require any other member of the authority to attend before it to answer questions relating to any function which is exercisable by the member F91...] [F92under section 56 of the Local Government (Wales) Measure 2011], F93...

(b)may invite other persons to attend meetings of the committee.

(14)It is the duty of any member or officer mentioned in [F94paragraph (a) or (aa) of subsection (13) to comply with any requirement mentioned in that paragraph].

(15)A person is not obliged by subsection (14) to answer any question which he would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.

[F95(16)In exercising, or deciding whether to exercise, any of its functions—

F96(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)an overview and scrutiny committee of a local authority F97..., or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Welsh Ministers.

(17)Guidance under subsection (16) may make different provision for different cases or for different descriptions of committee or sub-committee.]]

F9821ZAScrutiny officersE+W

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

[F9921AReference of matters to overview and scrutiny committee etcE+W

(1)Executive arrangements by a local authority must include provision which—

(a)enables any member of an overview and scrutiny committee of the authority to refer to the committee any matter which is relevant to the functions of the committee,

(b)enables any member of a sub-committee of such a committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee, and

(c)F100... enables any member of the authority to refer to an overview and scrutiny committee of the authority of which he is not a member any local government matter which is relevant to the functions of the committee.

(2)For the purposes of subsection (1), provision enables a person to refer a matter to a committee or sub-committee if it enables him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee.

(3)In considering whether to exercise the power which he has by virtue of subsection (1)(c) in any case, a member of an authority must have regard to any guidance for the time being issued F101...[F102 by the Welsh Ministers].

(4)Guidance under subsection (3) may make different provision for different cases.

(5)Subsections (6) to (8) apply where a local government matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to subsection (1)(c).

(6)In considering whether or not to exercise any of its powers under section 21(2) in relation to the matter, the committee may have regard to—

(a)any powers which the member may exercise in relation to the matter by virtue of F103... [F104section 56 of the Local Government (Wales) Measure 2011] (exercise of functions by local councillors F105...), and

(b)any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under section 21(2) in relation to the matter.

(7)If the committee decides not to exercise any of those powers in relation to the matter, it must notify the member of—

(a)its decision, and

(b)the reasons for it.

(8)The committee must provide the member with a copy of any report or recommendations which it makes to the authority or the executive under section 21(2) in relation to the matter.

(9)Subsection (8) is subject to section 21D.

F106(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106(11)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F107(12)In this section “local government matter”, in relation to a member of a local authority F108..., means a matter which is not an excluded matter and which—

(a)relates to the discharge of any function of the authority, or

(b)affects all or part of the electoral area for which the member is elected or any person who lives or works in that area.

(13)In subsection (12) “excluded matter” means any matter which is—

(a)a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b)a matter of any description specified in an order made by the Welsh Ministers for the purposes of this section.]

[F10921BDuty of authority or executive to respond to overview and scrutiny committeeE+W

(1)This section applies where an overview and scrutiny committee of a local authority F110... makes a report or recommendations to the authority or the executive, otherwise than—

(a)by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or

(b)by virtue of subsection (3)(a) of that section.

[F111(1A)A report or recommendation to a public services board by virtue of section 35(1)(c) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) is not to be regarded for the purposes of this section as a report or recommendation to the local authority that is a member of the board.]

(2)The overview and scrutiny committee may publish the report or recommendations.

(3)The overview and scrutiny committee must by notice in writing require the authority or executive—

(a)to consider the report or recommendations,

(b)to respond to the overview and scrutiny committee indicating what (if any) action the authority propose, or the executive proposes, to take,

(c)if the overview and scrutiny committee has published the report or recommendations under subsection (2), to publish the response,

(d)if the overview and scrutiny committee provided a copy of the report or recommendations to a member of the authority under section 21A(8), to provide the member with a copy of the response,

and to do so within two months beginning with the date on which the authority or executive received the report or recommendations or (if later) the notice.

(4)It is the duty of an authority or executive to which a notice is given under subsection (3) to comply with the requirements specified in the notice.

(5)Subsections (2) and (4) are subject to section 21D and to any provision made under section 22(12A).

(6)In this section—

(a)references to an overview and scrutiny committee include references to a sub-committee of such a committee; and

(b)references to “the authority” or “the executive”, in relation to an overview and scrutiny committee, or a sub-committee of such a committee, are to the authority by which the overview and scrutiny committee is established or to the executive of that authority.

F11221CReports and recommendations of overview and scrutiny committees: duties of certain partner authoritiesE+W

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

21DPublication etc of reports, recommendations and responses: confidential and exempt informationE+W

(1)This section applies to—

(a)the publication under section 21B of any document comprising—

(i)a report or recommendations of an overview and scrutiny committee, or

(ii)a response of a local authority to any such report or recommendations, and

(b)the provision of a copy of such a document—

(i)to a member of a local authority under section 21A(8) or section 21B, or

F113(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

by an overview and scrutiny committee or a local authority.

(2)The overview and scrutiny committee or the local authority, in publishing the document F114...—

(a)must exclude any confidential information, and

(b)may exclude any relevant exempt information.

(3)The overview and scrutiny committee or the local authority, in providing a copy of the document to a member of the local authority, may exclude any confidential information or relevant exempt information.

(4)Where information is excluded under subsection (2) or (3), the overview and scrutiny committee or the local authority, in publishing, or providing a copy of, the document—

(a)may replace so much of the document as discloses the information with a summary which does not disclose that information, and

(b)must do so if, in consequence of excluding the information, the document published, or copy provided, would be misleading or not reasonably comprehensible.

(5)If by virtue of subsection (2), (3) or (4) an overview and scrutiny committee, in publishing or providing a copy of a report or recommendations—

(a)excludes information, or

(b)replaces part of the report or recommendations with a summary,

it is nevertheless to be taken for the purposes of section 21B(3)(c) or (d) to have published or provided a copy of the report or recommendations.

(6)In this section—

• “confidential information” has the meaning given by section 100A(3) of the Local Government Act 1972 (admission to meetings of principal councils),

• “exempt information” has the meaning given by section 100I of that Act, and, in relation to—

  (a)

  any report or recommendations of an overview and scrutiny committee which has functions under section 21(2)(f), or

  (b)

  any response to such a report or recommendations,

  also includes information which is exempt information under F115...[F116 section 186 of the National Health Service (Wales) Act 2006], [F117and]

• “relevant exempt information” means—

  (a)

  in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the Local Government Act 1972 which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered, and

  (b)

  in relation to a response of the authority, exempt information of a description specified in such a resolution of the authority which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the report or response was, or recommendations were, considered, and

• F118...

(7)In this section, references to an overview and scrutiny committee include references to a sub-committee of such a committee.]

F11921EOverview and scrutiny committees of certain district councils: functions with respect to partner authoritiesE+W

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

F12021FOverview and scrutiny committees: flood risk managementE+W

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[F12121G [F122Designated] personsE+W

(1)The Welsh Ministers may, by order, designate for the purposes of section 21—

(a)one or more persons, and

(b)one or more categories of person.

(2)But—

(a)the designation of a person has effect only if that person meets the following conditions, and

(b)the designation of a category of persons has effect only if, and to the extent that, each person in that category meets the following conditions.

(3)Condition A is that the person provides the public, or a section of the public, with services, goods or facilities of any description (whether on payment or not).

(4)Condition B is that the person—

(a)provides those services, goods or facilities in the exercise of functions of a public nature, or

(b)is wholly or partly funded by public money.

(5)Condition C is that the person is not a local authority.]

22 Access to information etc.E+W

(1)Meetings of a local authority executive, or a committee of such an executive, are to be open to the public or held in private.

(2)Subject to regulations under subsection (9), it is for a local authority executive to decide which of its meetings, and which of the meetings of any committee of the executive, are to be open to the public and which of those meetings are to be held in private.

(3)A written record must be kept of prescribed decisions made at meetings of local authorities executives, or committees of such executives, which are held in private.

(4)A written record must be kept of prescribed decisions made by individual members of local authority executives.

(5)Written records under subsection (3) or (4) must include reasons for the decisions to which they relate.

(6)Written records under subsections (3) and (4), together with such reports, background papers or other documents as may be prescribed, must be made available to members of the public in accordance with regulations made by the [F123Welsh Ministers].

(7)Regulations under subsection (6) may make provision for or in connection with preventing the whole or part of any record or document containing prescribed information from being made available to members of the public.

(8)The [F124Welsh Ministers] may by regulations make provision—

(a)with respect to the access of the public to meetings of joint committees, or sub-committees of such committees, at which decisions are made in connection with the discharge of functions which are the responsibility of executives (including provision enabling such meetings to be held in private),

(b)for or in connection with requiring written records to be kept of decisions made at meetings which by virtue of paragraph (a) are held in private,

(c)for or in connection with requiring written records falling within paragraph (b) to include reasons,

(d)for or in connection with requiring any such written records to be made available to members of the public,

(e)for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of the public.

(9)The [F124Welsh Ministers] may by regulations make provision—

(a)as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be open to the public,

(b)as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be held in private,

(c)with respect to the information which is to be included in written records kept by virtue of this section,

(d)with respect to the reasons which are to be included in any such written records,

(e)with respect to the persons who are to produce, keep or make available any such written records,

(f)for or in connection with requiring any such written records to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,

(g)for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,

(h)for or in connection with requiring information to be made available by electronic means,

(i)for or in connection with conferring rights on members of the public, members of local authorities or overview and scrutiny committees or sub-committees in relation to records or documents,

(j)for or in connection with the creation of offences in respect of any rights or requirements conferred or imposed by virtue of this section.

(10)The [F124Welsh Ministers] may by regulations make provision for or in connection with requiring prescribed information about prescribed decisions made in connection with the discharge of functions which are the responsibility of a local authority executive to be made available to members of the public [F125, members of the authority, an overview and scrutiny committee of the authority or a sub-committee of such a committee].

(11)The provision which may be made under subsection (10) includes provision—

(a)requiring prescribed information to be made available in advance of the prescribed decisions mentioned in that subsection,

(b)as to the way or form in which prescribed information is to be made available.

(12)The [F126Welsh Ministers] may by regulations make provision which, in relation to meetings of—

(a)local authority executives or committees of such executives, or

(b)joint committees, or sub-committees of such committees, falling within subsection (8)(a),

applies or reproduces (with or without modifications) any provisions of Part VA of the M11Local Government Act 1972.

[F127(12A)The [F128Welsh Ministers] may by regulations make provision, in relation to—

(a)the publication by executives of local authorities F129... under section 21BF130... of responses to reports or recommendations of overview and scrutiny committees and sub-committees of such committees, or

(b)the provision by such executives under that section of copies of such responses,

which applies or reproduces (with or without modifications) any provisions of section 21D.]

(13)In this section—

• “joint committee” means a joint committee falling within section 101(5)(a) of the M12Local Government Act 1972,

• “prescribed” means prescribed by regulations made by the [F131Welsh Ministers].

F13222AOverview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authoritiesE+W

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

23 Further provision.E+W

Schedule 1 (which makes further provision in relation to executive arrangements) has effect.

24 Absence of requirement for political balance.E+W

Neither—

(a)a local authority executive, nor

(b)a committee of a local authority executive,

is to be regarded as a body to which section 15 of the M13Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.

Procedure with respect to operation of executive arrangementsE+W

25 Proposals.E+W

(1)Subject to section 31, every local authority must—

(a)draw up proposals for the operation of executive arrangements, and

(b)send a copy of the proposals to the [F133 Welsh Ministers].

(2)Before drawing up proposals under this section, a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.

(3)In drawing up proposals under this section, a local authority must decide—

(a)which form the executive is to take, and

(b)the extent to which the functions specified in regulations under section 13(3)(b) are to be the responsibility of the executive.

(4)In drawing up proposals under this section, a local authority must consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority’s functions are exercised, having regard to a combination of economy, efficiency and effectiveness.

(5)A local authority must comply with any directions given by the [F134Welsh Ministers] for the purposes of this section.

(6)Proposals under this section must include—

(a)such details of the executive arrangements as the [F135Welsh Ministers] may direct,

(b)a timetable with respect to the implementation of the proposals, and

(c)details of any transitional arrangements which are necessary for the implementation of the proposals.

(7)A copy of proposals under this section which is sent to the [F136Welsh Ministers] must be accompanied by a statement which describes—

(a)the steps which the authority took to consult the local government electors for, and other interested persons in, the authority’s area, and

(b)the outcome of that consultation and the extent to which that outcome is reflected in the proposals.

(8)The [F137Welsh Ministers] may by order specify a date by which every local authority, or every local authority falling within any description of authority specified in the order, must comply with this section.

26 Proposals not requiring referendum.E+W

(1)Where a local authority’s proposals under section 25 do not involve a form of executive for which a referendum is required, the authority must implement the proposals in accordance with the timetable included in the proposals.

(2)Any reference in this Part to a form of executive for which a referendum is required is a reference to—

(a)a mayor and cabinet executive, [F138or ]

(b)[F139a mayor and council manager executive, or]

(c)a form of executive prescribed in regulations under section 11(5) which is expressed in those regulations to be a form of executive for which a referendum is required.

27 Referendum in case of proposals involving elected mayor.E+W

(1)Where a local authority’s proposals under section 25 involve a form of executive for which a referendum is required, the authority—

(a)must hold a referendum on their proposals before taking any steps to implement them, and

(b)must draw up and send to the [F140Welsh Ministers] an outline of the fall-back proposals (referred to in this section as outline fall-back proposals) that they intend to implement if the proposals under section 25 are rejected in a referendum.

(2)Fall-back proposals are proposals—

(a)for the operation of executive arrangements which do not involve a form of executive for which a referendum is required, or

(b)for the operation of alternative arrangements of a particular type permitted by regulations under section 32.

(3)For the purpose of drawing up outline fall-back proposals, a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.

(4)Outline fall-back proposals must include a timetable with respect to the implementation of detailed fall-back proposals which are based on the outline fall-back proposals in the event that the proposals under section 25 are rejected in a referendum.

(5)A local authority must send a copy of their outline fall-back proposals to the [F141Welsh Ministers] at the same time that a copy of the proposals under section 25 is sent to [F142them].

(6)A local authority may not hold a referendum under this section before the end of the period of two months beginning with the date on which a copy of the proposals under section 25 is sent to the [F143Welsh Ministers].

(7)If the result of a referendum under subsection (1) is to approve a local authority’s proposals under section 25, the authority must implement the proposals in accordance with the timetable included in the proposals.

(8)If the result of a referendum under subsection (1) is to reject a local authority’s proposals under section 25, the authority—

(a)may not implement those proposals,

(b)must draw up detailed fall-back proposals which are based on the outline fall-back proposals, and

(c)must send a copy of the detailed fall-back proposals to the [F144Welsh Ministers].

(9)In drawing up outline fall-back proposals or detailed fall-back proposals under this section, a local authority must comply with any directions given by the [F145Welsh Ministers].

(10)Outline fall-back proposals and detailed fall-back proposals must include such details of the executive arrangements or alternative arrangements to which they relate as the [F146Welsh Ministers] may direct.

(11)Subsections (2), (3)(b), (4) and (6)(c) of section 25 are to apply to detailed fall-back proposals involving executive arrangements as they apply to proposals under that section.

(12)Subsections (2), (4) and (6)(c) of that section are to apply to detailed fall-back proposals involving alternative arrangements as they apply to proposals under that section.

(13)A local authority must implement detailed fall-back proposals in accordance with the timetable mentioned in subsection (4).

28 Approval of outline fall-back proposals.E+W

(1)A local authority may apply to the [F147Welsh Ministers] for the approval of outline fall-back proposals involving fall-back proposals which are not permitted by or under this Part but which would be so permitted if the necessary regulations were made under section 11(5) or 32 (as the case may be).

(2)The form and content of an application under subsection (1) must comply with any directions given by the [F148Welsh Ministers].

(3)Where the [F149Welsh Ministers approve] a local authority’s proposals under subsection (1)—

(a)the authority may use those proposals as their outline fall-back proposals for the purposes of section 27, and

(b)the timetable referred to in section 27(13) shall be extended to the extent that there is any delay in making the necessary regulations under section 11(5) or 32 (as the case may be).

29 Operation of, and publicity for, executive arrangements.E+W

(1)A resolution of a local authority is required in order for the authority to operate executive arrangements.

(2)As soon as practicable after passing such a resolution a local authority must—

(a)secure that copies of a document setting out the provisions of the arrangements are available at their principal office for inspection by members of the public at all reasonable hours, and

(b)publish in one or more newspapers circulating in their area a notice which—

(i)states that they have resolved to operate the arrangements,

(ii)states the date on which they are to begin operating the arrangements,

(iii)describes the main features of the arrangements,

(iv)states that copies of a document setting out the provisions of the arrangements are available at their principal office for inspection by members of the public at such times as may be specified in the notice, and

(v)specifies the address of their principal office.

(3)[F150A local authority [F151in Wales] which pass a resolution under this section may not at any subsequent time cease to operate executive arrangements unless, by virtue of any provision made under section 33(5), the authority operate alternative arrangements in place of the executive arrangements.]

30 Operation of different executive arrangements.E+W

[F152(1)The Secretary of State may by regulations make provision for or in connection with the operation by a local authority [F153in Wales] which are operating executive arrangements (“the existing arrangements”) of executive arrangements (“the different arrangements”) which differ from the existing arrangements in any respect.

(2)The provision which may be made by virtue of subsection (1) includes provision—

(a)which applies or reproduces (with or without modifications) any provisions of section 25, 26, 27, 28 or 29,

(b)for or in connection with requiring the consent of an elected mayor under the existing arrangements to the operation of the different arrangements,

(c)with respect to changes to the existing arrangements as a result of changes to the functions which are the responsibility of an executive.

(3)Nothing in subsection (2) affects the generality of the power under subsection (1).]

Alternative arrangements.E+W

F15431 Alternative arrangements in case of certain local authorities.E+W

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

F15532 Alternative arrangements.E+W

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

33 Operation of alternative arrangements.E+W

[F156[F157(A1)In this section references to a local authority are references to a local authority in Wales.]

(1)A local authority may not operate alternative arrangements unless permitted or required to do so by virtue of any provision made by or under this Part.

(2)A resolution of a local authority is required in order for the authority to operate alternative arrangements.

(3)Subsection (2) of section 29 is to apply for the purposes of this section as it applies for the purposes of that section.

(4)A local authority which pass a resolution under this section to operate alternative arrangements may not at any subsequent time cease to operate those arrangements unless, by virtue of any provision made under subsection (9) or section 34, 35 or 36, the authority operate executive arrangements in place of those arrangements.

(5)The Secretary of State may by regulations make provision for or in connection with enabling a local authority to which section 31 applies which are operating executive arrangements to operate alternative arrangements in place of the executive arrangements.

(6)The provision which may be made by virtue of subsection (5) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 26, 27 or 28.

(7)The Secretary of State may by regulations make provision for or in connection with enabling a local authority which are operating alternative arrangements to operate alternative arrangements which differ from the existing alternative arrangements in any respect.

(8)The provision which may be made by virtue of subsection (7) includes provision which applies or reproduces (with or without modifications) any provisions of section 25 or 26.

(9)The Secretary of State may by regulations make provision for or in connection with enabling a local authority which are operating alternative arrangements to operate executive arrangements in place of the alternative arrangements.

(10)The provision which may be made by virtue of subsection (9) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 26, 27, 28 or 29.

(11)Nothing in subsection (6), (8) or (10) affects the generality of the power under subsection (5), (7) or (9) (as the case may be).]

[F158Changing governance arrangements: general provisionsE+W

[F15933ZA [F160Changing] governance arrangementsE+W

For provision about changing the governance arrangements of local authorities F161... see Part 4 of the Local Government (Wales) Measure 2011.]

F16233AExecutive arrangements: different form of executiveE+W

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F16333BExecutive arrangements: other variation of arrangementsE+W

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F16433CAlternative arrangements: move to executive arrangementsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F16533DAlternative arrangements: variation of arrangementsE+W

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

F16633EProposals by local authorityE+W

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

F16733FResolution of local authorityE+W

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

F16833GImplementation: new executive or move to executive arrangementsE+W

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

F16933HImplementation: other change in governance arrangementsE+W

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

F17033IGeneralE+W

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

F171...E+W

F17133JNew form of executive or move to executive: general requirementsE+W

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

F17233KChanges subject to approval in a referendum: additional requirementsE+W

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

F17333LChange not subject to approval in a referendum: additional requirementsE+W

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

F17433MCases in which change subject to approval in referendumE+W

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F17533NVariation of mayoral executiveE+W

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F176...E+W

F17633OInterpretationE+W

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

ReferendumsE+W

34 Referendum following petition.E+W

(1)The [F177Welsh Ministers] may by regulations make provision for or in connection with requiring a local authority which receive a petition which complies with the provisions of the regulations to hold a referendum, in such circumstances as may be prescribed in the regulations, on whether the authority should [F178operate a relevant form of executive].

[F179(1A)In this section “relevant form of executive” [F180means] executive arrangements involving a form of executive for which a referendum is required.

(2)The provision which may be made by regulations under subsection (1) includes provision—

(a)as to the form and content of petitions (including provision for petitions in electronic form),

(b)as to the minimum number of local government electors for a local authority’s area who must support any petition presented to the authority during any period specified in the regulations,

(c)for or in connection with requiring an officer of a local authority to publish the number of local government electors for the authority’s area who must support any petition presented to the authority,

(d)as to the way in which local government electors for a local authority’s area are to support a petition (including provision enabling local government electors to support petitions by telephone or by electronic means),

(e)as to the action which may, may not or must be taken by a local authority in connection with any petition,

(f)as to the manner in which a petition is to be presented to a local authority,

(g)as to the verification of any petition,

(h)as to the date on which, or the time by which, a referendum must be held,

(i)as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,

(j)as to the action which may, may not or must be taken by a local authority after a referendum, and

(k)for or in connection with enabling the [F181Welsh Ministers], in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.

(3)The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, [F18229 or 33] [F182or 29] F183....

(4)The number of local government electors mentioned in subsection (2)(b) is to be calculated at such times as may be provided by regulations under this section and (unless such regulations otherwise provide) is to be 5 per cent. of the number of local government electors at each of those times.

(5)Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).]

35 Referendum following direction.E+W

(1)The [F184Welsh Ministers] may by regulations make provision for or in connection with enabling [F185them], in such circumstances as may be prescribed in the regulations, to direct a local authority to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 11 as may be specified in the direction.

(2)The provision which may be made by regulations under this section includes provision—

(a)as to the date on which, or the time by which, a referendum must be held,

(b)as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,

(c)as to the action which may, may not or must be taken by a local authority after a referendum, and

(d)for or in connection with enabling the [F186Welsh Ministers], in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.

(3)The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, [F18729 or 33] [F187or 29] F188....

(4)Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).

36 Referendum following order.E+W

(1)The [F189Welsh Ministers] may by order make provision requiring every local authority, or every local authority falling within any description of authority specified in the order, to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 11 as may be specified in the order.

(2)The provision which may be made by an order under this section includes provision—

(a)as to the date on which, or the time by which, a referendum must be held,

(b)as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,

(c)as to the action which may, may not or must be taken by a local authority after a referendum,

(d)for or in connection with enabling the [F190Welsh Ministers], in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.

(3)The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, [F19129 or 33] [F191or 29] F192....

(4)Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).

Local authority constitutionE+W

37 Local authority constitution.E+W

(1)A local authority which are operating executive arrangements or alternative arrangements must prepare and keep up to date a document (referred to in this section as their constitution) which contains—

(a)such information as the [F193Welsh Ministers] may direct,

(b)a copy of the authority’s standing orders for the time being,

(c)a copy of the authority’s code of conduct for the time being under section 51, and

(d)such other information (if any) as the authority consider appropriate.

[F194(1A)A local authority must prepare and keep up to date a document (referred to in this section as their constitution guide) which explains, in ordinary language, the content of their constitution.]

(2)A local authority must [F195—

(a)publish their constitution and their constitution guide electronically and in such other manner as they consider appropriate, and]

[F196(b)] ensure that copies of their constitution [F197and their constitution guide] are available at their principal office for inspection by members of the public at all reasonable hours.

(3)A local authority must supply a copy of their constitution [F198or, as the case may be, their constitution guide] to any person [F199on request, either free of charge or at a charge representing no more than the cost of providing the copy].

[F200(4)In relation to an authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), the reference in subsection (1)(c) to the authority's code of conduct for the time being under section 51 is to the mandatory provisions which for the time being apply to the members and co-opted members of the authority.]

[F201(5)This section applies to a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 as it applies to a local authority which are operating executive arrangements and in that application—

(a)references to a “local authority” or “authority” are to be read as references to a corporate joint committee;

(b)subsection (2) is to be treated as if it were omitted;

(c)the references in subsection (4) to “members and co-opted members” are to be read as references to members of a corporate joint committee.]

GuidanceE+W

38 Guidance.E+W

(1)A local authority [F202, an elected mayor or an executive leader] must have regard to any guidance for the time being issued by the [F203Welsh Ministers] for the purposes of this Part.

[F204(1A)The guidance may, among other things, include provision designed to encourage good practice in relation to equality and diversity (within the meaning of section 8(2) of the Equality Act 2006).]

(2)Guidance under this section may make different provision for different cases or descriptions of local authority.

Elected mayors etc.E+W

39 Elected mayors etc.E+W

(1)In this Part “elected mayor”, in relation to a local authority, means an individual elected as mayor of the authority by the local government electors for the authority’s area in accordance with the provisions made by or under this Part.

F205(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)An elected mayor of a local authority F206... is to be entitled to the style of “mayor” or “maer”.

(4)In this Part “elected executive member” means an individual elected as a member of a local authority executive by the local government electors for the authority’s area in accordance with the provisions made by or under this Part, but does not include an elected mayor.

[F207(5A)A reference in any enactment (whenever passed or made) to—

(a)a member of a local authority, or

(b)a councillor of a local authority,

does not include a reference to an elected mayor of the authority.

(5B)But subsection (5A) is subject to—

(a)regulations made by the [F208Welsh Ministers] under this paragraph which provide that an elected mayor is to be treated as member or councillor of a local authority for the purposes of an enactment (whenever passed or made), and

(b)any other contrary intention that appears in any enactment (whenever passed or made).

(5C)[F209Section 21(1A) of the Local Government Act 1972 is] not to be taken to indicate any contrary intention for the purposes of subsection (5B)(b).]

[F210(5D)A statutory instrument containing regulations made under subsection (5B)(a) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

F211[F212(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The term of office of an elected mayor of a local authority is to be [F213five] years.

(8)This section is subject to regulations under section 41.]

40 Election as elected mayor and councillor.E+W

(1)If the person who is returned at an election as the elected mayor of a local authority is also returned at an election held at the same time as a councillor of the authority, a vacancy shall arise in the office of councillor.

(2)If the person who is returned at an election (“the mayoral election”) as the elected mayor of a local authority—

(a)is a councillor of the authority, and

(b)was returned as such a councillor at an election held at an earlier time than the mayoral election,

a vacancy shall arise in the office of councillor.

(3)Subject to subsection (4), a person who is the elected mayor of a local authority may not be a candidate in an election for the return of a councillor or councillors of the authority.

(4)A person who is the elected mayor of a local authority may be a candidate in an election for the return of a councillor or councillors of the authority if the election is held at the same time as an election for the return of the elected mayor of the authority, but subsection (1) applies if he is a candidate in both such elections and he is returned both as the elected mayor and as a councillor.

41 Time of elections etc.E+W

The [F214Welsh Ministers] may by regulations make provision—

(a)as to the dates on which and years in which elections for the return of elected mayors or elected executive members may or must take place,

(b)as to the intervals between elections for the return of elected mayors or elected executive members,

(c)as to the term of office of elected mayors or elected executive members, and

(d)as to the filling of vacancies in the office of elected mayor or elected executive member.

42 Voting at elections of elected mayors.E+W

(1)Each person entitled to vote as an elector at an election for the return of an elected mayor is to have the following vote or votes—

(a)one vote (referred to in this Part as a first preference vote) which may be given for the voter’s first preference from among the candidates to be the elected mayor, and

(b)if there are three or more candidates to be the elected mayor, one vote (referred to in this Part as a second preference vote) which may be given for the voter’s second preference from among those candidates.

(2)The elected mayor is to be returned under the simple majority system, unless there are three or more candidates.

(3)If there are three or more candidates to be the elected mayor, the elected mayor is to be returned under the supplementary vote system in accordance with Schedule 2.

43 Entitlement to vote.E+W

(1)The persons entitled to vote as electors at an election for the return of an elected mayor or elected executive member are those who on the day of the poll—

(a)would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the area of the local authority concerned, and

(b)are registered in the register of local government electors at an address within the authority’s area.

(2)A person is not entitled as an elector to cast more than one first preference vote, or more than one second preference vote, at an election for the return of an elected mayor.

44 Power to make provision about elections.E+W

(1)The Secretary of State F215... may by regulations make provision as to—

(a)the conduct of elections for the return of elected mayors or elected executive members, and

(b)the questioning of elections for the return of elected mayors or elected executive members and the consequences of irregularities.

(2)The provision which may be made under subsection (1)(a) includes, in particular, provision—

(a)about the registration of electors,

(b)for disregarding alterations in a register of electors,

(c)about the limitation of election expenses (and the creation of criminal offences in connection with the limitation of such expenses),

(d)for the combination of polls at elections for the return of elected mayors and other elections (including elections for the return of elected executive members), and

(e)for the combination of polls at elections for the return of elected executive members and other elections (including elections for the return of elected mayors).