(1)A local authority's appointment provision complies with this section if it provides—
(a)for the authority to be required, on each occasion when all of its committee chairs fall to be appointed, to make a determination under subsection (2) of which political groups on the authority are entitled to make which appointments, and
(b)for the groups to be able to make the appointments accordingly.
(2)The determination referred to in subsection (1) is a determination which, so far as reasonably practicable, gives effect to the following principles.
(3)The first principle is that—
(a)if there is only one executive group, the proportion of committee chairs which the executive group is entitled to appoint corresponds to the proportion of members of the authority who are in the group;
(b)if there are two or more executive groups, the proportion of committee chairs which the executive groups are (when taken together) entitled to appoint corresponds to the proportion of members of the authority who are members of those groups (when taken together).
(4)The second principle is that—
(a)if there is only one opposition group, the group is entitled to appoint all the opposition allocation of committee chairs, or
(b)if there are two or more opposition groups—
(i)the opposition groups are (when taken together) entitled to appoint all the opposition allocation of committee chairs, and
(ii)the proportion of the opposition allocation of committee chairs which each opposition group (a “relevant group”) is entitled to appoint corresponds to the proportion of members of the opposition groups who are members of the relevant group.
(5)In giving effect to the principles in subsections (3)(a) and (b) and (4)(b)(ii), the appointment provision—
(a)must provide for a political group's entitlement to appoint committee chairs to be an entitlement to appoint a whole number of committee chairs, and
(b)accordingly, must provide for an entitlement to be rounded off to the nearest whole number if it would not otherwise be a whole number.
(6)In giving effect to the principles in subsection (3)(a) and (b), the appointment provision made in accordance with subsection (5)(b) must provide for the entitlement of the executive group, or executive groups, to be rounded down to the nearest whole number.
(7)For the purposes of subsections (5) and (6), zero is to be taken to be a whole number.
(8)In this section—
“executive allocation of committee chairs” (“dyraniad y weithrediaeth o gadeiryddion pwyllgor”) means the number of committee chairs which—
the executive group is entitled to appoint in accordance with subsection (3)(a), or
the executive groups are entitled to appoint in accordance with subsection (3)(b);
“opposition allocation of committee chairs” (“dyraniad yr wrthblaid o gadeiryddion pwyllgor”) means the number of committee chairs remaining after deducting the executive allocation of committee chairs.
Commencement Information
I1S. 70 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(h)