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Assembly powers tracking notes (May 2007 - March 2011)

Field 12: Local government

Schedule 5 to the Government of Wales Act 2006 could be amended to add specific 'matters' to broad subject 'fields', thereby extending the legislative competence of the Assembly and providing more policy areas in which it was possible to make Measures.

This tracking note provides an updated log of amendments, both proposed and enacted, to Field 12 of Schedule 5. This field relates to local government.

Field 12 | NAFW

Matter

Source

12.1  Provision for and in connection with -

(a) the constitution of new principal areas and the abolition or alteration of existing principal areas, and (b) the establishment of councils for new principal areas and the abolition of existing principal councils.

Local Government and Public Involvement in Health Act 2007Came into force 30/12/07and amended by the National Assembly for Wales (Legislative Competence) (Local Government) Order 2010Came into force: 13/04/10
12.2  Provision for and in connection with -

(a) the procedure for the making and coming into force of byelaws, and (b) the enforcement of byelaws.

as above

12.3  Any of the following -

(a) the principles which are to govern the conduct of members of relevant authorities, (b) codes of conduct for such members, (c) the conferral on any person of functions relating to the promotion or maintenance of high standards of conduct of such members (including the establishment of bodies to have such functions), (d) the making or handling of allegations that members (or former members) of relevant authorities have breached standards of conduct, including in particular - (i) the investigation and adjudication of such allegations and reports on the outcome of investigations, (ii) the action that may be taken where breaches are found to have occurred, (e) codes of conduct for employees of relevant authorities.

as above

12.4  Provision for and in connection with strategies of county councils and county borough councils for promoting or improving the economic, social or environmental well-being of their areas or contributing to the achievement of sustainable development in the United Kingdom, including provision imposing requirements in connection with such strategies on other persons with functions of a public nature.

as above

12.5  Provision for and in connection with -

(a) the making of arrangements by relevant Welsh authorities to secure improvement in the way in which their functions are exercised, (b) the making of arrangements by relevant Welsh authorities for the involvement in the exercise of their functions of people who are likely to be affected by, or interested in, the exercise of the functions, and (c) the assessment and inspection of the performance of relevant Welsh authorities in exercising their functions.

as above

12.6  

Arrangements by principal councils with respect to the discharge of their functions, including executive arrangements.

This matter does not include—(a) direct elections to executives of principal councils.

For the purposes of this matter—(a) “executive arrangements” has the same meaning as in Part 2 of the Local Government Act 2000; (b) “principal council” means a county or county borough council; (c) “direct elections” means elections by local government electors (within the meaning of section 270(1) of the Local Government Act 1972).”

Local Democracy, Economic Development and Construction Act 2009Came into force 12/01/10and amended by the National Assembly for Wales (Legislative Competence) (Local Government) Order 2010

Came into force: 13/04/10

12.7  

Committees of principal councils with functions of—(a) review or scrutiny, or (b) making reports or recommendations.

This matter does not include committees under section 19 of the Police and Justice Act 2006 (crime and disorder committees).

as above

12.8  

Areas of communities and constitution, structure, and procedures of local government institutions for communities.

National Assembly for Wales (Legislative Competence) (Local Government) Order 2010

Came into force: 13/04/10

12.9  

Electoral arrangements for elected local government institutions for communities.  In this matter “electoral arrangements” does not include—(a) the local government franchise;  (b) electoral registration and administration;  (c) the voting system for the return of members in an election.

as above

12.10  

Conferral on local government institutions for communities of powers—(a) to which this matter applies,  (b) that are exercisable in relation to their areas, and (c) that are powers exercisable by principal councils in relation to principal areas.

This matter applies to powers to do anything which the holder of the power considers likely to promote or improve the economic, social or environmental well-being of an area.

as above

12.11  Grants from the Welsh Ministers to fund local government for communities.

as above

12.12  

Relations between different communities (and their local government institutions), or between communities (and their local government institutions) and principal councils.

as above

12.13  Schemes for the accreditation of quality in local government for communities.

as above

12.14  Public participation in local government for communities (apart from elections).

as above

12.15  

The provision of information relating to local government to the public.  For the purposes of this matter “local government” means—(a) local government for communities;  (b) local government for counties and county boroughs.

as above

12.16  

Salaries, allowances, pensions and other payments for members of the following—(a) local government institutions for communities;  (b) county councils and county borough councils;  (c) National Park authorities;  (d) fire and rescue authorities constituted by schemes under section 2 of the Fire and Rescue Services Act 2004 or schemes to which section 4 of that Act apply.

as above

12.17  

Promoting and supporting membership of the following—(a) local government institutions for communities;  (b) county councils and county borough councils.

as above

12.18  Council tax payable in respect of dwellings that are not the main residence of an

individual.

The National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010 (pdf)

Came into force: 22/07/10

[proposed matter 12.19]  Referendums on council tax increases by county councils, county

borough councils, police and crime commissioners and fire and rescue authorities.

Proposed by the Localism Bill

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The above information is compiled by the Research Service.

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