An overview of the Local Government and Elections (Wales) Act 2021, it's progress through the Senedd and subordinate legislation.
Contents
Overview
The Local Government and Elections (Wales) Act 2021 (the 2021 Act) establishes a new and reformed legislative framework for local government elections, democracy, governance and performance.
One of the key provisions gives 16 and 17 year olds and foreign citizens legally resident in Wales the right to vote in local elections. This mirrors the provisions in the Senedd and Elections (Wales) Act 2020, which allows these categories of people to vote in Senedd elections.
County councils and county borough councils (now collectively known as ‘principal councils’) can also choose which voting system they use in local elections – first past the post or single transferrable vote. Local elections are now held every 5 years, whereas previously they were held every 4 years.
Principal councils and eligible community councils have additional powers, known as the ‘general power of competence’. This means they no longer have to identify specific legislative powers to do things that are in their community’s best interests.
All principal councils must prepare and publish a public participation strategy, setting out how they will promote awareness and increase participation in local government. Principal councils and other authorities are also required to broadcast their meetings. Community councils must allow members of the public who attend their meetings an opportunity to make representations. They must also publish annual reports, outlining their priorities, activities and achievements during the year.
The 2021 Act sets out various requirements in relation to the roles and functions of local authority officers and elected members, such as permitting people in certain positions to job-share and allowing family absence for members of principal councils.
Under the 2021 Act two or more principal councils may establish Corporate Joint Committees (CJCs), which have their own staff, assets and financial arrangements. In 2021 regulations were made under the Act to establish four CJCs. These are listed in the table below.
The 2021 Act introduced a new system of self-assessments and panel performance assessments to ensure principal councils improve their performance and governance. The Welsh Ministers can intervene to provide support and assistance if a principal council is not meeting its performance requirements.
Under the Act, two or more principal councils can apply to the Welsh Ministers to merge voluntarily, after they have consulted with residents and key stakeholders.
The 2021 Act also contains provisions relating to local government finance, primarily to deal with those who try and avoid paying non-domestic rates, to remove imprisonment as a sanction for non-payment of council tax, and to exclude certain classes of people from being liable to pay it.
Finally, the Act introduces an assortment of other provisions aimed at strengthening and modernising the way local government works.
This Research Briefing produced by the Senedd provides a further useful overview:
The Explanatory Notes to the Act provide detailed commentary on the various provisions:
Local Government and Elections (Wales) Act 2021: Explanatory Notes on legislation.gov.uk
Read the full Act:
Local Government and Elections (Wales) Act 2021 on legislation.gov.uk
Coming into force
Section 175(1) to (6) of the 2021 Act provides for a number of sections of the Act to come into force on specified days. The remaining provisions come into force when one or more orders are made by the Welsh Ministers.
Local Government and Elections (Wales) Act 2021, section 175 on legislation.gov.uk
The following orders have been made:
- The Local Government and Elections (Wales) Act 2021 (Commencement No. 1 and Saving Provision) Order 2021 on legislation.gov.uk
- The Local Government and Elections (Wales) Act 2021 (Commencement No. 2 and Saving Provisions) Order 2021 on legislation.gov.uk
- The Local Government and Elections (Wales) Act 2021 (Commencement No. 3 and Transitional Provision) Order 2021 on legislation.gov.uk
- The Local Government and Elections (Wales) Act 2021 (Commencement No. 4 and Transitional Provision and Amendment of Commencement Order No. 1) Order 2021 on legislation.gov.uk
- The Local Government and Elections (Wales) Act 2021 (Commencement No. 5 and Transitional Provision) Order 2022 on legislation.gov.uk
Subordinate legislation made under the Act
Consideration of the legislation by the Senedd
The Bill was introduced by Julie James MS, (the then) Minister for Housing and Local Government on 18 November 2019 and passed by Senedd Cymru (the then National Assembly for Wales) on 18 November 2020:
and the Explanatory Memorandum that was prepared by the Welsh Government (as revised after Stage 2):
Local Government and Elections (Wales) Act 2021: Explanatory Memorandum (on senedd.wales)
The Act received Royal Assent on 20 January 2021.