Local Government (Democracy) (Wales) Act 2013

63 Functions relating to salaries of heads of paid service

(1) After section 143 of the 2011 Measure insert—

“143A Functions relating to salaries of heads of paid service

(1) The Panel may make recommendations to a qualifying relevant authority about—

(a) any policy in the authority’s pay policy statement which relates to the salary of the authority’s head of paid service;

(b) any proposed change to the salary of the authority’s head of paid service.

(2) A qualifying relevant authority must have regard to any recommendation received from the Panel when performing its functions under section 38 or 39 of the Localism Act 2011 (c. 20).

(3) A qualifying relevant authority must, before making a change to the salary of its head of paid service which is not commensurate with a change to the salaries of the authority’s other staff—

(a) consult the Panel about the proposed change, and

(b) have regard to any recommendation received from the Panel when deciding whether or not to proceed with making the change.

(4) A qualifying relevant authority must provide the Panel with such information as the Panel may reasonably require in connection with the exercise of its functions under this section.

(5) The Panel may publish any recommendations it makes under this section.

(6) The Panel must have regard to any guidance issued by the Welsh Ministers when exercising its functions under this section.

(7) In this section—

• “head of paid service” (“pennaeth gwasanaeth cyflogedig”) means a head of paid service designated under section 4(1) of the Local Government and Housing Act 1989;

• “pay policy statement” (“datganiad ar bolisïau tâl”) means a pay policy statement produced by a relevant authority (within the meaning of section 43(1) of the Localism Act 2011) under section 38 of that Act;

• “qualifying relevant authority” (“awdurdod perthnasol cymwys”) means a relevant authority (within the meaning of this Part) which is required to produce a pay policy statement;

• “salary” (“cyflog”) includes, in the case of a head of paid service engaged by a qualifying relevant authority under a contract for services, payments by the authority to the head of paid service for those services.”.

(2) In the Part heading of Part 8 of the 2011 Measure, omit “MEMBERS:”.

(3) In section 112 of the 1972 Act (appointment of staff), in subsection (2A), after “statement)” insert “and in relation to a local authority in Wales, section 143A of the Local Government (Wales) Measure 2011 (functions of the Independent Remuneration Panel in relation to salaries of heads of paid service).”.