The Local Authorities (Standing Orders) (Wales) Regulations 2006

Regulation 3

SCHEDULE 1 E+W STANDING ORDERS RELATING TO CHIEF OFFICERS

PART 1 E+W Prescribed Standing Orders

 

“Appointments E+W

[F1 1.— (1) A relevant authority must take the steps set out in sub-paragraph (2) where—

(a) it proposes to appoint a chief officer (within the meaning of the Local Authorities (Standing Orders) (Wales) Regulations 2006); and

(b) the remuneration which it proposes to pay to the chief officer is £100,000 or more per annum.

(2) The steps are to—

(a) draw up a statement specifying—

(i) the duties of the officer concerned, and

(ii) any qualifications or qualities to be sought in the person to be appointed;

(b) make arrangements for the post to be publicly advertised in such a way as is likely to bring it to the attention of persons who are qualified to apply for it; and

(c) make arrangements for a copy of the statement mentioned in paragraph (a) to be sent to any person on request.

(3) Where sub-paragraph (1) applies, the relevant authority is not required to take the step set out in sub-paragraph (2)(b) if it proposes to appoint the chief officer for a period of no longer than 12 months.]

2.— (1) Where a post has been advertised as provided in paragraph [F2 1(2)(b)], the relevant authority must–

(a) interview all qualified applicants for the post, or

(b) select a short list of such qualified applicants and interview those included on the short list.

(2) Where no qualified person has applied, or if the relevant authority decide to re-advertise the appointment, the relevant authority may make further arrangements for advertisement in accordance with paragraph [F3 1(2)(b)].”

Textual Amendments

F1 Sch. 1 Pt. 1 para. 1 substituted (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 9(1)(a) (with reg. 12)

F2 Word in Sch. 1 Pt. 1 para. 2(1) substituted (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 9(1)(b) (with reg. 12)

F3 Word in Sch. 1 Pt. 1 para. 2(2) substituted (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 9(1)(c) (with reg. 12)

PART 2 E+W Authorised Variations

1.  The standing orders may provide that– E+W

(a) the steps taken under paragraph 1 or 2 above may be taken by a committee, sub-committee or chief officer of the relevant authority;

(b) any chief officer may be appointed by a committee or sub-committee of the relevant authority, or a relevant joint committee.

2.  The standing orders may provide that where the duties of a chief officer include the discharge of functions of two or more relevant authorities in pursuance of section 101(5) of the Local Government Act 1972– E+W

(a) the steps taken under paragraph 1 or 2 above may be taken by a joint committee of those relevant authorities, a sub-committee of that committee or a chief officer of any of the relevant authorities concerned; and

(b) any chief officer may be appointed by such a joint committee, a sub-committee of that committee or a committee or sub-committee of any of those relevant authorities.

3.  There may be excluded from the application of paragraph 1 and 2– E+W

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any appointment in pursuance of section 9 (assistants for political groups) of the Act, and

(c) any appointment in pursuance of regulations made under paragraph 6 of Schedule 1 to the Local Government Act 2000 (mayor's assistant).

Textual Amendments

F4 Sch. 1 Pt. 2 para. 3(a) omitted (1.7.2014) by virtue of The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 9(2) (with reg. 12)

Regulation 4

SCHEDULE 2 E+W STANDING ORDERS RELATING TO MEETINGS AND PROCEEDINGS

 

“Recording of votes E+W

1.— (1) Where immediately after a vote is taken at a meeting of a relevant body any member of that body so requires, there must be recorded in the minutes of the proceedings of that meeting whether that person cast a vote for the question or against the question or whether that person abstained from voting.

(2) In this paragraph “relevant body” (“Corff perthnasol”) means the relevant authority, a committee or sub-committee of the relevant authority or a relevant joint committee or sub-committee of such a committee.

Signing minutes- extraordinary meetings E+W

2.   Where in relation to any meeting of the relevant authority the next such meeting is a meeting called under paragraph 3 (extraordinary meetings) of Schedule 12 to the Local Government Act 1972, the next following meeting of the relevant authority (being a meeting called otherwise than under that paragraph) must be treated as a suitable meeting for the purposes of paragraph 41(1) and (2) (signing of minutes) of that Schedule M1 .”

Marginal Citations

M1 Paragraph 41 is amended by paragraph 30 of Schedule 11 to the Local Government and Housing Act 1989 (c. 42).

regulation 4A

[F5 SCHEDULE 2A E+W Standing orders relating to local planning authorities

Textual Amendments

F5 Sch. 2A inserted (5.5.2017) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2017 (S.I. 2017/460), regs. 1(1), 2(4)

Quorum E+W

1.   No business is to be transacted at a meeting of a committee unless at least half of the total number of members of the committee, rounded to the nearest whole number, is present.

Substitute members E+W

2.   [F6 A relevant authority is not to appoint another of their members to act as a member of a committee in the absence of the member appointed in accordance with the Size and Composition of Local Planning Authority Committees (Wales) Regulations 2017.]]

Textual Amendments

F6 Sch. 2A para. 2 omitted (temp.) (22.4.2020) by virtue of The Local Authorities (Coronavirus) (Meetings) (Wales) Regulations 2020 (S.I. 2020/442), regs. 1(3), 15(b)

Regulation 5(1) and 6

SCHEDULE 3 E+W PROVISIONS TO BE INCORPORATED IN STANDING ORDERS RELATING TO STAFF

PART 1 E+W Authority with Mayor and Cabinet Executive

 

“1.   In this Part–

“the 1989 Act” (“Deddf 1989”) means the Local Government and Housing Act 1989 M2 ;

“the 2000 Act” (“Deddf 2000”) means the Local Government Act 2000 M3 ;

“disciplinary action” (“camau disgyblu”) has the same meaning as in the Local Authorities (Standing Orders) (Wales) Regulations 2006;

“elected mayor” (“maer etholedig”) and “executive” (“corff gweithredol”) have the same meaning as in Part II of the 2000 Act;

“member of staff” (“aelod o'r staff”) means a person appointed to or holding a paid office or employment under the authority; and

“proper officer” (“swyddog priodol”) means an officer appointed by the authority for the purposes of the provisions in this Part.

2.   Subject to paragraphs 3 and 5, the function of appointment and dismissal of, and taking disciplinary action against, a member of staff of the relevant authority must be discharged, on behalf of the relevant authority, by [F7 the person appointed as the authority’s chief executive or by an officer nominated by the authority’s chief executive].

3.— [F8 (1)]  Paragraph 2 does not apply to the appointment or dismissal of, or disciplinary action against–

[F9 (a) the person appointed as the authority’s chief executive;]

(b) a statutory chief officer within the meaning of section 2(6) of the 1989 Act M4 (politically restricted posts);

(c) a non-statutory chief officer within the meaning of section 2(7) of the 1989 Act;

(d) a deputy chief officer within the meaning of section 2(8) of the 1989 Act;

(e) a person appointed in pursuance of section 9 of the 1989 Act M5 (assistants for political groups);

(f) a person appointed in pursuance of regulations under paragraph 6 of Schedule 1 to the 2000 Act (mayor's assistant); or

(g) a person to whom regulations made under section 35(4) and (5) (provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff of schools employed by the [F10 local authority]) of the Education Act 2002 M6 apply;

[F11 (h) the officer designated as the authority’s monitoring officer; or

(i) the officer designated as the authority’s head of democratic services.]

[F12 (2) Paragraph 2 does not apply to the dismissal of, or disciplinary action against, an officer in relation to whom disciplinary action is proposed—

(a) who was, but at the time of the proposed disciplinary action no longer is, an officer referred to in paragraph 3(1)(a) to (i); and

(b) where the alleged misconduct, or, as the case may be, the reason for the proposal for dismissal, occurred during the period when the officer was an officer referred to in paragraph 3(1)(a) to (i).]

4.— (1) Where a committee, sub-committee or officer is discharging, on behalf of the relevant authority, the function of the appointment or dismissal of [F13 a person appointed as the authority’s chief executive], the relevant authority must approve that appointment before an offer of appointment is made or, as the case may be, must approve that dismissal before notice of dismissal is given.

(2) Where a committee or a sub-committee of the relevant authority is discharging, on behalf of the relevant authority, the function of the appointment or dismissal of any officer referred to in sub-paragraphs (a), (b), (c)[F14 , (d), (h), or (i) of paragraph 3(1) or the function of dismissal of any officer referred to in paragraph 3(2)]–

(a) at least one member of the executive must be a member of that committee or sub-committee; and

(b) not more than half the members of that committee or sub-committee are to be members of the executive of the relevant authority.

5.   Nothing in paragraph 2 prevents a person from serving as a member of any committee or sub-committee established by the relevant authority to consider an appeal by a member of staff of the relevant authority against any decision relating to the dismissal of, or taking disciplinary action against, that member of staff.

[F15 6.   The relevant authority must determine the level, and any change in the level, of the remuneration to be paid to a chief officer.”]

Textual Amendments

F7 Words in Sch. 3 Pt. 1 para. 2 substituted (5.5.2022) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Transitional Provision) (Chief Executives) Regulations 2022 (S.I. 2022/355), regs. 1(2), 3(6)(a) (with reg. 9)

F8 Sch. 3 Pt. 1 para. 3 renumbered as Sch. 3 Pt. 1 para. 3(1) (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 10(1)(a) (with reg. 12)

F9 Sch. 3 Pt. 1 para. 3(1)(a) substituted (5.5.2022) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Transitional Provision) (Chief Executives) Regulations 2022 (S.I. 2022/355), regs. 1(2), 3(6)(b) (with reg. 9)

F10 Words in Sch. 3 Pt. 1 para. 3(g) substituted (5.5.2010) by The Local Education Authorities and Childrens Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 2 para. 18(2)

F11 Sch. 3 Pt. 1 para. 3(1)(h)(i) inserted (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 10(1)(b) (with reg. 12)

F12 Sch. 3 Pt. 1 para. 3(2) inserted (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 10(1)(c) (with reg. 12)

F13 Words in Sch. 3 Pt. 1 para. 4(1) substituted (5.5.2022) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Transitional Provision) (Chief Executives) Regulations 2022 (S.I. 2022/355), regs. 1(2), 3(6)(c) (with reg. 9)

F14 Words in Sch. 3 Pt. 1 para. 4(2) substituted (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 10(1)(d) (with reg. 12)

F15 Sch. 3 para. 6 inserted (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 10(1)(e) (with reg. 12)

Marginal Citations

M2 1989 c. 42.

M3 2000 c. 22.

M4 Section 2(6) was amended by paragraph 95 of Schedule 37 to the Education Act 1996 (c. 56), paragraph 3(a), (b) and (c) of Schedule 2 to the Children Act 2004 (c. 31), and Schedule 2 to the Fire and Rescue Services Act 2004 (c. 21).

M5 There are amendments to section 9 which are not relevant to these Regulations.

M6 2002 c. 32.

PART 2 E+W Authority with Leader and Cabinet Executive

 

“1.   In this Part–

“the 1989 Act” (“Deddf 1989”) means the Local Government and Housing Act 1989 M7 ;

“the 2000 Act” (“Deddf 2000”) means the Local Government Act 2000 M8 ;

“disciplinary action” (“camau disgyblu”) has the same meaning as in the Local Authorities (Standing Orders) (Wales) Regulations 2006;

“executive” (“corff gweithedol”) and “executive leader” (“arweinydd gwreithredol”) have the same meaning as in Part II of the 2000 Act;

“member of staff” (“aelod o'r staff”) means a person appointed to or holding a paid office or employment under the authority; and

“proper officer” (“swyddog priodol”) means an officer appointed by the authority for the purposes of the provisions in this Part.

2.   Subject to paragraphs 3 and 5, the function of appointment and dismissal of, and taking disciplinary action against, a member of staff of the relevant authority must be discharged, on behalf of the relevant authority, by [F16 the person appointed as the authority’s chief executive or by an officer nominated by the authority’s chief executive].

3.— [F17 (1)]  Paragraph 2 does not apply to the appointment or dismissal of, or disciplinary action against–

[F18 (a) the person appointed as the authority’s chief executive;]

(b) a statutory chief officer within the meaning of section 2(6) of the 1989 Act M9 (politically restricted posts);

(c) a non-statutory chief officer within the meaning of section 2(7) of the 1989 Act;

(d) a deputy chief officer within the meaning of section 2(8) of the 1989 Act;

(e) a person appointed in pursuance of section 9 of the 1989 Act M10 (assistants for political groups); or

(f) a person to whom regulations made under section 35(4) and (5) (provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff of schools employed by the [F19 local authority]) of the Education Act 2002 M11 apply;

[F20 (g) the officer designated as the authority’s monitoring officer;

(h) the officer designated as the authority’s head of democratic services.]

[F21 (2) Paragraph 2 does not apply to dismissal of, or disciplinary action against, an officer in relation to whom disciplinary action is proposed—

(a) who was, but at the time of the proposed disciplinary action no longer is, an officer referred to in paragraph 3(1)(a) to (h); and

(b) where the alleged misconduct, or, as the case may be, the reason for the proposal for dismissal, occurred during the period when the officer was an officer referred to in paragraph 3(1)(a) to (h).]

4.— (1) Where a committee, sub-committee or officer is discharging, on behalf of the relevant authority, the function of the appointment or dismissal of [F22 a person appointed as the authority’s chief executive], the relevant authority must approve that appointment before an offer of appointment is made or, as the case may be, must approve that dismissal before notice of dismissal is given.

(2) Where a committee or a sub-committee of the relevant authority is discharging, on behalf of the relevant authority, the function of the appointment or dismissal of any officer referred to in sub-paragraph (a), (b), (c)[F23 , (d), (g), or (h) of paragraph 3(1) or the function of dismissal of any officer referred to in paragraph 3(2)]–

(a) at least one member of the executive must be a member of that committee or sub-committee; and

(b) not more than half of the members of that committee or sub-committee are to be members of the executive of the relevant authority.

5.   Nothing in paragraph 2 prevents a person from serving as a member of any committee or sub-committee established by the relevant authority to consider an appeal by–

(a) another person against any decision relating to the appointment of that other person as a member of staff of the relevant authority; or

(b) a member of staff of the relevant authority against any decision relating to the dismissal of, or taking disciplinary action against, that member of staff.

[F24 6.   The relevant authority must determine the level, and any change in the level, of the remuneration to be paid to a chief officer.”]

Textual Amendments

F16 Words in Sch. 3 Pt. 2 para. 2 substituted (5.5.2022) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Transitional Provision) (Chief Executives) Regulations 2022 (S.I. 2022/355), regs. 1(2), 3(7)(a) (with reg. 9)

F17 Sch. 3 Pt. 2 para. 3 renumbered as Sch. 3 Pt. 2 para. 3(1) (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 10(2)(a) (with reg. 12)

F18 Words in Sch. 3 Pt. 2 para. 3(1)(a) substituted (5.5.2022) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Transitional Provision) (Chief Executives) Regulations 2022 (S.I. 2022/355), regs. 1(2), 3(7)(b) (with reg. 9)

F19 Words in Sch. 3 Pt. 2 para. 3(f) substituted (5.5.2010) by The Local Education Authorities and Childrens Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 2 para. 18(2)

F20 Sch. 3 Pt. 2 para. 3(1)(g)(h) inserted (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 10(2)(b) (with reg. 12)

F21 Sch. 3 Pt. 2 para. 3(2) inserted (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 10(2)(c) (with reg. 12)

F22 Words in Sch. 3 Pt. 2 para. 4(1) substituted (5.5.2022) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Transitional Provision) (Chief Executives) Regulations 2022 (S.I. 2022/355), regs. 1(2), 3(7)(c) (with reg. 9)

F23 Words in Sch. 3 Pt. 2 para. 4(2) substituted (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 10(2)(d) (with reg. 12)

F24 Sch. 3 para. 6 inserted (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 10(2)(e) (with reg. 12)

Marginal Citations

M7 1989 c. 42.

M8 2000 c. 22.

M9 Section 2(6) was amended by paragraph 95 of Schedule 37 to the Education Act 1996 (c. 56), paragraph 3(a), (b) and (c) of Schedule 2 to the Children Act 2004 (c. 31), and Schedule 2 to the Fire and Rescue Services Act 2004 (c. 21).

M10 There are amendments to section 9 which are not relevant to these Regulations.

M11 2002 c. 32.

F25 PART 3 E+W Authority with Mayor and Council Manager Executive

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Sch. 3 Pt. 3 omitted (1.7.2014) by virtue of The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 10(3) (with reg. 12)

F26 PART 4 E+W Authority Operating Alternative Arrangements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Sch. 3 Pt. 4 omitted (1.7.2014) by virtue of The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 10(3) (with reg. 12)

Regulation 8

SCHEDULE 4 E+W PROVISIONS TO BE INCORPORATED IN STANDING ORDERS IN RESPECT OF DISCIPLINARY ACTION

 

“1.   In paragraph 2, “chief finance officer” (“prif swyddog cyllid”),F27 ... “disciplinary action” (“camau disgyblu”), [F28 “chief executive” (“prif weithredwr”)] [F29 , “monitoring officer” (“swyddog monitro”) and “head of democratic services” (“pennaeth gwasanaethau democrataidd”)], have the same meaning as in regulation 2 of the Local Authorities (Standing Orders) (Wales) Regulations 2006 and “designated independent person” (“person annibynnol dynodedig”) has the same meaning as in regulation 9 of those Regulations.

2.— [F30 (1)]  No disciplinary action (other than action to which paragraph 3 applies) in respect of [F31 the authority’s chief executive] F32 ..., its monitoring officer [F33 , its chief finance officer, its head of democratic services or any officer referred to in sub-paragraph (2)], may be taken by the relevant authority, or by a committee, a sub-committee, a joint committee on which the relevant authority is represented or any other person acting on behalf of the relevant authority, other than in accordance with a recommendation in a report made by a designated independent person under regulation 9 of the Local Authorities (Standing Orders) (Wales) Regulations 2006 (investigation of alleged misconduct).

[F34 (2)   An officer in relation to whom disciplinary action is proposed where—

(a) the officer was, but at the time of the proposed disciplinary action no longer is, an officer referred to in sub-paragraph (1); and

(b) the alleged misconduct or, as the case may be, the reason for the proposal for dismissal, occurred during the period when the officer was an officer referred to in sub-paragraph (1).]

3.   The action to which this paragraph applies is suspension of the officer for the purpose of investigating the alleged misconduct occasioning the action; provided such suspension is on full pay and terminates no later than the expiry of two months beginning on the day on which the suspension takes effect.”

Textual Amendments

F27 Words in Sch. 4 para. 1 omitted (1.7.2014) by virtue of The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 11(1)(a) (with reg. 12)

F28 Words in Sch. 4 para. 1 substituted (5.5.2022) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Transitional Provision) (Chief Executives) Regulations 2022 (S.I. 2022/355), regs. 1(2), 3(8)(a) (with reg. 9)

F29 Words in Sch. 4 para. 1 substituted (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 11(1)(b) (with reg. 12)

F30 Sch. 4 para. 2 renumbered as Sch. 4 para. 2(1) (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 11(2)(a) (with reg. 12)

F31 Words in Sch. 4 para. 2(1) substituted (5.5.2022) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Transitional Provision) (Chief Executives) Regulations 2022 (S.I. 2022/355), regs. 1(2), 3(8)(b) (with reg. 9)

F32 Words in Sch. 4 para. 2(1) omitted (1.7.2014) by virtue of The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 11(2)(b)(i) (with reg. 12)

F33 Words in Sch. 4 para. 2(1) substituted (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 11(2)(b)(ii) (with reg. 12)

F34 Sch. 4 para. 2(2) inserted (1.7.2014) by The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014 (S.I. 2014/1514), regs. 1(2), 11(2)(c) (with reg. 12)