The Local Government (Politically Restricted Posts) (Wales) Regulations 2008

Statutory Instruments

2008 No. 220 (W.27)

LOCAL GOVERNMENT, WALES

The Local Government (Politically Restricted Posts) (Wales) Regulations 2008

Made

3 February 2008

Laid before the National Assembly for Wales

5 February 2008

Coming into force

29 February 2008

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 2(2)(a) and 190(1) of the Local Government and Housing Act 1989(1) and now vested in them(2), make the following Regulations:

Title, commencement and application

1.—(1) The title of these Regulations is the Local Government (Politically Restricted Posts) (Wales) Regulations 2008 and they come into force on 29 February 2008.

(2) These Regulations apply in relation to Wales.

Interpretation

2.  In these Regulations—

“the Act” (“y Ddeddf”) means the Local Government and Housing Act 1989;

“the National Joint Council” (“y Cyd-gyngor Cenedlaethol”) means the National Joint Council for Local Government Services; and

“the National Joint Council’s Scheme” (“Cynllun y Cyd-gyngor Cenedlaethol”) means the National Joint Council’s Scheme of Conditions of Service.

3.  The amount for the purposes of section 2(2) of the Act is (so long as it is higher than £19,500) such amount as is published by the National Joint Council from time to time as respects full-time posts under a local authority in England or Wales as the amount assigned to spinal column point 49 of the salary scales for local government officers incorporated in the National Joint Council’s Scheme.

Revocation

4.  The Local Government (Politically Restricted Posts) (No 2) Regulations 1990(3) are revoked.

Brian Gibbons

Minister for Social Justice and Local Government, one of the Welsh Ministers

3 February 2008

Explanatory Note

(This note is not part of the Regulations)

Local authorities in Wales are required by section 2(2) of the Local Government and Housing Act 1989 to prepare and maintain a list of posts in respect of which the annual rate of remuneration is or exceeds £19,500 or such higher amount as may be specified in or determined under regulations made by the Welsh Ministers.

These Regulations, which apply to Wales, provide for that higher amount to be the amount that is from time to time fixed by the National Joint Council for Local Government Services as that applicable to spinal column point 49 on their salary scales for local government officers.

The Regulations revoke the Local Government (Politically Restricted Posts) (No 2) Regulations 1990.

(1)

1989 (c. 42).

(2)

The functions of the Secretary of State under section 2(2)(a) and 190(1) were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The functions of the National Assembly for Wales under those sections were transferred to the Welsh Ministers under section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(3)

S.I. 1990/1447.