An overview of the Local Government (Wales) Measure 2009, its passage through the Senedd and subordinate legislation.
Contents
Overview
The Local Government (Wales) Measure 2009 (the Measure) became law in April 2009, and although section 170(1) of the Local Government and Elections (Wales) Act 2021 (the 2021 Act) proposed to repeal the Measure, this section has not yet been brought into force.
Large sections of the Measure have however been omitted, such as the definition of a Welsh improvement authority (by sections 113(a) and 169(a) of the 2021 Act) and Part 2 of the Measure (by paragraph 21 of Schedule 4 to the Well-being of Future Generations (Wales) Act 2015).
The Measure in its current form focuses on the improvement of local government in Wales. Part 1 provides that a Welsh improvement authority is a Welsh Fire and Rescue Authority and outlines its responsibilities. The Measure establishes a general improvement duty on a Welsh improvement authority and sets objectives for improving the exercise of its functions, and its ability to collaborate and improve. The Measure also sets out functions of the Auditor General for Wales, and functions of the Welsh Ministers in relation to Welsh improvement authorities.
The Explanatory Notes to the Measure provide detailed commentary on the various provisions (be aware that a number of the provisions have now been omitted or repealed):
Read the full Act:
Coming into force
Sections 48 to 50, 51(4) to (7), 53 and 54 came into force on 10 June 2009, which is the day the Measure received Royal Approval.
The other provisions came into force on days appointed by the Welsh Ministers by order.
The following Orders have been made:
- Local Government (Wales) Measure 2009 (Commencement No.1) Order 2009
- The Local Government (Wales) Measure 2009 (Commencement No. 2, Transitional Provisions and Savings) Order 2009
- The Local Government (Wales) Measure 2009 (Commencement No. 2, Transitional Provisions and Savings) (Amendment) Order 2010
Subordinate legislation made under the Measure
Consideration of the legislation by the Senedd
The Measure was introduced on 22 September 2008 by Brian Gibbons AM, who was the Minister for Social Justice and Local Government at the time.
The Measure was passed by Senedd Cymru (known then as the National Assembly for Wales) on 28 April 2009:
and the Explanatory Memorandum which was prepared by the Welsh Government (to reflect the Measure as it had been revised after Stage 2 proceedings):
The Measure received Royal Approval on 10 June 2009.