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The Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014

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Title, commencement and interpretation

1.—(1) The title of these Regulations is the Local Authorities (Standing Orders) (Wales) (Amendment) Regulations 2014.

(2)   These Regulations come into force on 1 July 2014.

(3)   In these Regulations “the 2006 Regulations” (“Rheoliadau 2006”) means the Local Authorities (Standing Orders) (Wales) Regulations 2006.

Amendments to the Local Authorities (Standing Orders) (Wales) Regulations 2006

2.  The Local Authorities (Standing Orders) (Wales) Regulations 2006(1) are amended as follows.

3.  In regulation 2 (interpretation)—

(a)omit the definition of “alternative arrangements” (“trefniadau amgen”);

(b)omit the definition of “council manager” (“rheolwr cyngor”);

(c)omit “and” following the definition of “relevant joint committee” (“cydbwyllgor perthnasol”); and

(d)at the appropriate places insert—

(i)"“head of democratic services” (“pennaeth gwasanaethau democrataidd”) means the officer designated under section 8 of the Local Government (Wales) Measure 2011 (head of democratic services)(2);"; and

(ii)"“remuneration” (“cydnabyddiaeth ariannol”) has the same meaning as in section 43(3) of the Localism Act 2011(3);".

4.  In regulation 5 (executive arrangements – standing orders relating to staff)—

(a)omit paragraph (1)(c);

(b)in paragraph (1)(d) for “(a), (b) and (c)” substitute “(a) and (b)”; and

(c)in paragraph (2) for “(a), (b), (c) or (d)” substitute “(a), (b) or (d)”.

5.  Omit regulation 6 (alternative arrangements – standing orders relating to staff).

6.  For regulation 7 (standing orders relating to staff) substitute—

Standing orders relating to staff

7.(1) Where a relevant authority has standing orders incorporating the provisions of these Regulations mentioned in paragraph (2), the functions referred to in that paragraph must be exercised by the authority itself and accordingly section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities)(4) does not apply to the exercise of those functions.

(2) The provisions are—

(a)paragraph 4(1) of Part 1 of Schedule 3 and paragraph 4(1) of Part 2 of Schedule 3 relating to the function of approving the appointment or dismissal of the head of the authority’s paid service; and

(b)paragraph 6 of Part 1 of Schedule 3 and paragraph 6 of Part 2 of Schedule 3 relating to the function of determining the level, and any change in the level, of remuneration to be paid to a chief officer.

7.—(1) The existing text of regulation 8 (standing orders in respect of disciplinary action) becomes regulation 8(1).

(2) In regulation 8(1) for “or its chief finance officer” substitute “, its chief finance officer, its head of democratic services or any officer referred to in paragraph (2)”.

(3) After regulation 8(1) insert—

(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 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 paragraph (1).

8.  In regulation 9 (investigation of alleged misconduct)—

(a)for paragraph (1) substitute—

(1) Where, after a relevant authority has incorporated provisions in standing orders pursuant to regulation 8, it appears to the relevant authority that an allegation of misconduct which may lead to disciplinary action has been made against a relevant officer, the relevant authority must appoint a committee (“an investigation committee”) to consider the alleged misconduct.

(1A) (1A)  For the purposes of this regulation “a relevant officer” (“swyddog perthnasol”) is—

(a)the head of the authority’s paid service;

(b)its monitoring officer;

(c)its chief finance officer;

(d)its head of democratic services; or

(e)an officer who was, but at the time the investigation committee is appointed no longer is, an officer referred to in sub-paragraphs (a) to (d) where the alleged misconduct occurred during the period when the officer was an officer referred to in those sub-paragraphs.;

(b)in paragraph (5)(b) for “National Assembly for Wales” substitute “Welsh Ministers”; and

(c)omit paragraph (11).

9.—(1) In Schedule 1, in Part 1—

(a)for paragraph 1 substitute—

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.

(b)in paragraph 2(1) for “1(b)” substitute “1(2)(b)”; and

(c)in paragraph 2(2) for “1(b)” substitute “1(2)(b)”.

(2) In Schedule 1, in Part 2, in paragraph 3 omit sub-paragraph (a).

10.—(1) In Schedule 3, in Part 1—

(a)the existing text of paragraph 3 becomes paragraph 3(1);

(b)in paragraph 3(1), after paragraph (g) insert—

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

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

(c)after paragraph 3(1) insert—

(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).;

(d)in paragraph 4(2) for “or (d) of paragraph 3” substitute “, (d), (h), or (i) of paragraph 3(1) or the function of dismissal of any officer referred to in paragraph 3(2)”; and

(e)after paragraph 5 insert—

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

(2) In Schedule 3, in Part 2—

(a)the existing text of paragraph 3 becomes paragraph 3(1);

(b)in paragraph 3(1), after paragraph (f) insert—

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

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

(c)after paragraph 3(1) insert—

(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).;

(d)in paragraph 4(2) for “or (d) of paragraph 3” substitute “, (d), (g), or (h) of paragraph 3(1) or the function of dismissal of any officer referred to in paragraph 3(2)”; and

(e)after paragraph 5 insert—

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

(3) In Schedule 3 omit Parts 3 and 4.

11.—(1) In Schedule 4, in paragraph 1—

(a)omit ““council manager” (“rheolwr cyngor”),”; and

(b)for “and monitoring officer” (“swyddog monitro”)” substitute “, “monitoring officer” (“swyddog monitro”) and “head of democratic services” (“pennaeth gwasanaethau democrataidd”)”.

(2)   In Schedule 4—

(a)the existing text of paragraph 2 becomes paragraph 2(1) of that paragraph;

(b)in paragraph 2(1)—

(i)omit “(unless the head of the authority’s paid service is also a council manager of the relevant authority)”; and

(ii)for “or its chief finance officer” substitute “, its chief finance officer, its head of democratic services or any officer referred to in sub-paragraph (2)”;

(c)after paragraph 2(1) insert—

(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).

Transitional provisions

12.  Anything which, before the date on which the relevant authority incorporates standing orders in accordance with these Regulations, was being done by, to or in relation to an officer in accordance with—

(a)regulation 9 of the 2006 Regulations; or

(b)the provisions set out in Schedule 4 to the 2006 Regulations (or provisions to the like effect) incorporated in the relevant authority’s standing orders,

may be continued after that date by, to or in relation to that officer in accordance with the provisions referred to in paragraphs (a) or (b), as the case may be.

Implementation

13.  A relevant authority must revise its existing standing orders in so far as is necessary to conform with the amendments made by these Regulations by no later than the date which is ten weeks after these Regulations come into force.

Lesley Griffiths

Minister for Local Government and Government Business, one of the Welsh Ministers

9 June 2014

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