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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Local Government (Wales) Measure 2011 (Commencement No. 2 and Saving Provisions) Order 2012 No. 1187 (W. 145) (C. 40) URL: https://www.bailii.org/wales/legis/num_reg/2012/wsi_20121187_en_1.html |
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Statutory Instruments
class="LegSubject">LOCAL
GOVERNMENT,
WALES
Made
29 April 2012
1.-(1) The title of this Order is the Local Government (Wales)
Measure 2011 (
Commencement
No.2 and Saving Provisions) Order 2012.
(2) In this Order "the Measure" ("y Mesur") means the Local Government (Wales)
Measure 2011.
2.-(1) The following
provisions of the Measure
come
into
force
on 30 April 2012-
(a)sections 5 to 7 (supporting membership);
(b)sections 8 to 22 (local authority democratic
services and interpretation);
(c)sections 23 to 33 (family
absence
for
members of local authorities);
(d)sections 56 and 57 (exercise of functions
by
councillors);
(e)section 61 (designated
persons);
(f)section 62 (taking into account the views of the public);
(g)sections 63 to 65 (powers of councillors);
(h)sections 66 to 75 (appointing persons to chair
committees);
(i)section 78 (prohibition of whipped
votes &
declaration
of party
whips);
(j)sections 81 to 87 (audit committees);
(k)sections 88 to 99 (community
meetings and
community
polls);
(l)section 147 (subsequent annual reports);
(m)section 153 (compliance
with
Panel's requirements);
(n)section 155(1) (withholding
payments);
(o)section 160 (consequential
amendments);
(p)section 176(1) (consequential
amendments and repeals); and
(q)Schedule 3 (payments and pensions: minor and consequential
amendments (Part 8 of the Measure)).
(2) In so far
as they are not already
commenced-
(a)sections 142 and 143 (principal functions
of the Panel);
(b)section 145 (annual reports);
(c)section 148 (consultation
on
draft
reports);
(d)section 149 (directions
to vary
draft
reports);
(e)section 150 (administrative requirements in reports);
(f)section 151 (publicity requirements in reports);
(g)section 152 (publicising reports);
(h)section 154 (members wishing
to
forgo
payments);
(i)section 155(2), (3) and (4) (withholding
payments);
(j)section 156 (directions
to
comply
with
requirements);
(k) section 157 (guidance);
(l)section 176(2) (consequential
amendments and repeals); and
(m)Schedule 4 (repeals and revocations).
3-(1) Despite
the
coming
into
force
in accordance
with
article 2(2)(l) and (m) of the repeal and revocation of the entries in Part
F
of Schedule 4, the Regulations referred to in paragraph (2)
continue
to have effect as if they had not been revoked by the Measure
for
the purpose set out in paragraph (3).
(2) The Regulations referred to in paragraph (1) are-
(a)the Local Authorities (Allowances for
Members of
County
and
County
Borough
Councils
and National Park Authorities) (
Wales)
Regulations 2002(2);
(b)the Local Authorities (Allowances for
Members of
Community
Councils)
(
Wales)
Regulations 2003(3);
(c)the Local Authorities (Allowances for
Members of
Fire
Authorities) (
Wales)
Regulations 2004(4); and
(d)the Local Authorities (Allowances for
Members) (
Wales)
Regulations 2007(5).
(3) The purpose referred to in paragraph (1) is that of claims
made
for
allowances or other payments in respect of approved
duties
performed before 1 April 2012.
(This note is not part of the Order)
This Order is made under section 178(3) of the Local Government (Wales)
Measure 2011 ("the Measure"). It is the second
commencement
order to be made under the Measure.
Article 2 of this Order brings into force
on 30 April 2012 provisions of the Measure set out in that article and referred to below;
Section 5 imposes a duty
on local authorities to make arrangements to publish annual reports by its members and by members of its executive about their activities.
Section 6 requires a local authority to have regard to any guidance issued by the Welsh
Ministers about the timing of meetings of a local authority.
Section 7 places a duty
on principal
councils
to secure the provision of reasonable training and
development
opportunities
for
their members.
These sections make provision for
a local authority to
designate
one of the authority's officers to be the head of
democratic
services (a politically restricted post) and also provide
for
the
functions
of that officer. In addition, these sections impose a
duty
on a local authority to appoint a
committee
of the
council
to oversee the
work
of
democratic
services.
These sections also provide for
the governance, reporting and proceedings of a
democratic
services
committee.
class="LegText">The
Welsh
Ministers are empowered by section 10 to make regulations
which
require a local authority to adopt standing orders about the management of staff reporting to the head of
democratic
services.
These sections make provision for
members of a local authority to be entitled to take maternity, newborn, adoption and parental absence in accordance
with
regulations made by the
Welsh
Ministers
which
prescribe the
conditions
for
entitlement to the relevant period of absence.
class="LegText">Section
56 makes provision to enable a member of a local authority
who
represents the executive or the authority on an outside body to make
decisions
in relation to
functions
which
are the responsibility of the authority's executive.
Section 57 makes consequential
changes
to the Local Government Act1972 ("the 1972 Act") and the Local Government Act 2000 ("the 2000 Act") in
connection
with
the new provision in section 56.
Section 61 permits the Welsh
Ministers to
designate
by order those persons or
categories
of persons (a "
designated
person")
whose
responsibilities or
functions
may be scrutinised by an overview and scrutiny
committee
of a local authority.
Section 62 imposes a duty
on local authorities to make arrangements to enable the public to express their views in relation to any matter being
considered
by the
committee.
class="LegText">These
sections amend section 21A of the 2000 Act to enable a
councillor
of a principal
council
in
Wales
to refer a matter to an overview and scrutiny
committee
which
relates to the
discharge
of any of the
functions
of the
council
or
which
affects all or part of the electoral area
which
the
councillor
represents and they also make provision about the reports of an overview and scrutiny
committee.
class="LegText">These
sections require a local authority to make provision in its standing orders
for
the appointment of
chairs
for
the authority's overview and scrutiny
committees
and also prohibit party
control
of such
committees.
In addition, these sections empower the
Welsh
Ministers to make regulations about the appointment procedure
for
allocating scrutiny
committee
chairs
and to issue guidance or
directions.
class="LegText">This
section imposes a restriction on party
control
of an overview and scrutiny
committee.
class="LegText">These
sections require a local authority to appoint an audit
committee
to review and scrutinise the authority's
financial
affairs and the other
functions
set out in section 81, including the making of reports and recommendations in relation to these.
These sections revise the arrangements set out in the 1972 Act for
the
calling
and organisation of
community
meetings and
community
polls in
Wales.
These sections were
partially
commenced
by the Local Government (
Wales)
Measure 2011 (
Commencement
No. 1) Order 2011 (2011 No. 2011 (
W.221)(C.74))
with
effect
from
31 August 2011 in respect of the
functions
of the Panel regarding the
first
annual report under section 146 of the Measure.
Part 8 of the Measure (sections 141 to 160) provides for
payments and pensions to members of
county
and
county
borough
councils,
community
councils,
fire
and rescue authorities and National Park authorities ("relevant authorities"). The Independent Remuneration Panel
for
Wales
("the Panel") may
decide
the payments
which
may be made in relation to members of relevant authorities and in
doing
so, is to set out its
determinations
in an annual report.
This section requires the Panel to publish subsequent annual reports about the exercise of its functions
for
each
forthcoming
financial
year after the year beginning 1 April 2012.
This section provides for
compliance
with
the Panel's requirements in relation to payments by relevant authorities.
This section prohibits a relevant authority from
making payments to a member
who
has been suspended or partially suspended as a result of misconduct.
This section introduces Schedule 3 which
sets out minor and
consequential
amendments to legislation in respect of members' payments and pensions under Part 8 of the Measure.
This section inserts new subsections (5) to (7) to section 106 of the 2000 Act.
Article 3 saves certain
provisions of Part
F
of Schedule 4 of the Measure (members - payments and pensions (Part 8 of the Measure)) so that the Regulations listed in that Part of the Schedule
continue
to have effect
for
certain
purposes,
despite
the revocation of those Regulations on 30 April 2012. The purpose
for
which
these Regulations
continue
to have effect relates to
claims
for
allowances or other payments under these Regulations before 1 April 2012.
See also section 178(1) (commencement)
of the Measure
for
provisions
which
came
into
force
on 11 May 2011 (the
day
after the
day
on
which
the Measure
was
approved by Her Majesty in
Council)
and section 178(2)
for
provisions
which
came
into
force
on 10 July 2011 (the end of the period of 2 months beginning on the
day
on
which
the Measure
was
approved by Her Majesty in
Council).
(This note is not part of the Order)
The following
provisions of the Measure have been brought into
force
in relation to
Wales
by the Local Government (
Wales)
Measure 2011 (
Commencement
No. 1) Order 2011 (2011 No. 2011 (
W.221)(C.74)),
made before the
date
of this Order:
Provision | Date of ![]() | ![]() ![]() ![]() ![]() ![]() |
---|---|---|
Sections 1 to 3 | 31 August 2011 | 2011 No.2011 (![]() |
Section 141 | 31 August 2011 | 2011 No.2011 (![]() |
Section 142 (partially) | 31 August 2011 | 2011 No.2011 (![]() |
Section 143 (partially) | 31 August 2011 | 2011 No.2011 (![]() |
Section 144 | 31 August 2011 | 2011 No.2011 (![]() |
Section 145 (partially) | 31 August 2011 | 2011 No.2011 (![]() |
Section 146 | 31 August 2011 | 2011 No.2011 (![]() |
Section 148 (partially) | 31 August 2011 | 2011 No.2011 (![]() |
Section 149 (partially) | 31 August 2011 | 2011 No.2011 (![]() |
Section 150 (partially) | 31 August 2011 | 2011 No.2011 (![]() |
Section 151 (partially) | 31 August 2011 | 2011 No.2011 (![]() |
Section 152 (partially) | 31 August 2011 | 2011 No.2011 (![]() |
Section 154 (partially) | 31 August 2011 | 2011 No.2011 (![]() |
Section 155(2), (3) and (4) (partially) | 31 August 2011 | 2011 No.2011 (![]() |
Section 156 (partially) | 31 August 2011 | 2011 No.2011 (![]() |
Section 157 (partially) | 31 August 2011 | 2011 No.2011 (![]() |
Section 158 | 31 August 2011 | 2011 No.2011 (![]() |
Section 161 | 31 August 2011 | 2011 No.2011 (![]() |
Sections 162 to 171 | 31 August 2011 | 2011 No.2011 (![]() |
Schedule 2 | 31 August 2011 | 2011 No.2011 (![]() |