Statutory Instruments with Clear Reports

07 October 2019

SL(5)444 – The Local Authorities (Change to the Years of Ordinary Elections) (Wales) Order 2019

Procedure: Negative

This Order is made by the Welsh Ministers pursuant to the Local Government Act 2000 and comes into force on 6 November 2019. It changes the scheduled date of the next ordinary elections of councillors of county councils, county borough councils and community councils in Wales to the first Thursday of May in 2022, instead of the first Thursday of May in 2021. This will avoid the next local government elections coinciding with the next ordinary elections of the National Assembly.

The Order further provides (at Article 4) that the current term of office of existing councillors elected to county councils, county borough councils and community councils in Wales is accordingly extended by one year.

The Explanatory Memorandum to the Order (at section 4) notes that the “…Wales Act 2017 amended the Representation of the People Act 1983 and prevents the local government elections being taken on the same day as the National Assembly general election. Where both elections are scheduled to take place on the same day the Welsh Ministers must, by order, specify another day on which the ordinary local government elections are to be held”.

The Order also revokes the Local Authority Elections (Wales) Order 2014, which provided that the ordinary elections of councillors of county councils, county borough councils and community councils in Wales took place in 2017 instead of 2016.

Parent Act: Local Government Act 2000

Date Made: 17 September 2019

Date Laid: 20 September 2019

Coming into force date: 06 November 2019

 

SL(5)447 – The Agriculture (Calculation of Value for Compensation) (Revocations) (Wales) Regulations 2019

Procedure: Negative

These Regulations revoke the Agriculture (Calculation of Value for Compensation) Regulations 1978 in Wales, alongside 3 instruments that amended those Regulations.

By revoking the Agriculture (Calculation of Value for Compensation) Regulations 1978 (and amending regulations), landlords and tenants will be able to settle compensation claims (governed by the Agricultural Holdings Act 1986) using current market values and calculation methods that suit their individual circumstances.

Parent Act: Agricultural Holdings Act 1986

Date Made: 24 September 2019

Date Laid: 26 September 2019

Coming into force date: 01 November 2019

 

SL(5)445 – The Agricultural Holdings Act 1986 (Variation of Schedule 8) (Wales) Order 2019

Procedure: Affirmative

This Order amends Part 1 of Schedule 8 to the Agricultural Holdings Act 1986 as it applies to Wales.

Section 64 of the Agricultural Holdings Act 1986 entitles the tenant of an agricultural holding, on termination of the tenancy and quitting of the holding, to compensation from the landlord for an improvement specified in Part 1 of Schedule 8 which the tenant has carried out on the holding.

Article 2 of this Order removes current paragraphs 5 and 6 of Part 1 of Schedule 8 and inserts new paragraphs 4B and 5B. The new paragraphs provide for compensation to be paid for improvements resulting from the application to the land of soil improvers, digestate, manure and fertiliser (with no limitation as to how those substances were acquired); and for improvements resulting from manure which is held in storage and has arisen from the consumption of corn (produced on the holding or not) or other feedingstuff not produced on the holding by livestock and members of the horse family on the holding.

Parent Act: Agricultural Holdings Act 1986

Date Made:

Date Laid: 24 September 2019

Coming into force date: 01 November 2019