- Latest available (Revised)
- Original (As enacted)
Representation of the People Act 1983, Section 36A is up to date with all changes known to be in force on or before 13 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Elections of councillors for local government areas in Wales must be conducted in accordance with rules made by the Welsh Ministers.
(2)In relation to the election of councillors to a county council or a county borough council, rules under subsection (1) must—
(a)require polls to be conducted if elections are contested,
(b)establish the requirements for becoming a candidate for election,
(c)require votes at polls to be given by ballot, and
(d)provide for polls to be conducted under the voting systems authorised by sections 5 to 9 of the Local Government and Elections (Wales) Act 2021, which are a simple majority system and a single transferable vote system.
(3)In relation to the election of community councillors for a community council, rules under subsection (1) must—
(a)require polls to be conducted if elections are contested,
(b)establish the requirements for becoming a candidate for election,
(c)require votes at polls to be given by ballot, and
(d)provide for polls to be conducted under a simple majority system.
(4)Rules under subsection (1) may make any other provision for the conduct of elections of councillors for local government areas in Wales.
(5)Rules made by the Welsh Ministers may, for the purposes of, in consequence of, or for giving full effect to rules made under subsection (1), make supplementary, incidental, consequential, transitional, transitory or saving provision.
(6)Rules under subsection (5) may amend, modify, repeal or revoke any enactment (including an enactment contained in this Act).
(7)Before making rules under this section, the Welsh Ministers must consult such persons as they consider appropriate.
(8)The requirement to consult imposed by subsection (7) may be satisfied by consultation undertaken before the coming into force of this section.
(9)The power to make rules under this section—
(a)is exercisable by statutory instrument;
(b)includes power to make different provision for different purposes.
(10)A statutory instrument containing rules under this section must not be made unless a draft of the instrument has been laid before and approved by resolution of Senedd Cymru.]
Textual Amendments
F1S. 36A inserted (E.W.) (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 13(3), 175(3)(d)
Modifications etc. (not altering text)
C1S. 36A(2)(d) modified (E.W.) (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 13(5), 175(3)(d)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: