Democracy and Boundary Commission Cymru etc. Act 2013

[F1 69A Function relating to payments to members E+W

(1) For the financial year beginning 1 April 2025 and for each following financial year, the Commission must decide the relevant matters for which a relevant authority—

(a) is required to make payments to members of the authority;

(b) is authorised to make payments to members of the authority.

(2) In this Part relevant matters are—

(a) matters relating to the official business of members of relevant authorities;

(b) periods of family absence under Part 2 of the 2011 Measure.

(3) When making a decision under subsection (1) the Commission must set for each relevant matter one of the following—

(a) the amount that a relevant authority must pay to a member of the authority;

(b) the maximum amount that a relevant authority may pay to a member of the authority.

(4) The Commission may decide that payments in respect of a relevant matter or matters may not be paid to more than a fixed proportion or specified number of the members of a relevant authority.

(5) The proportion fixed by the Commission under subsection (4) may not exceed 50% unless the Welsh Ministers give their consent.

(6) The number specified by the Commission under subsection (4), expressed as a proportion of the total number of members of a relevant authority, may not exceed 50% unless the Welsh Ministers give their consent.

(7) The Commission may set—

(a) the maximum percentage or other rate by which a relevant authority may adjust for a financial year the amounts that had effect in respect of relevant matters for the financial year preceding that year;

(b) an index by reference to which a relevant authority may adjust for a financial year the amounts that had effect in respect of such of the relevant matters for the previous year as the Commission decides.

(8) The powers under subsection (7) may be exercised to—

(a) set a rate and an index in relation to the same matter;

(b) set different rates or indices in relation to different matters.

(9) When setting an amount under subsection (3), making a determination under subsection (4) or setting a rate or index under subsection (7), the Commission must take into account what it considers will be the likely financial impact of doing so on relevant authorities.

(10) The Commission may make different decisions under subsection (1), set different amounts under subsection (3), make different determinations under subsection (4), or set different rates or indices under subsection (7), in relation to relevant authorities of different descriptions or different relevant authorities of the same description.

(11) For the purposes of subsection (2) a matter relates to the official business of a member of a relevant authority if it is a matter which a member undertakes—

(a) as a member of a relevant authority, or

(b) as a member of a body to which the member is appointed by, or following nomination by, the relevant authority or a group of bodies including the relevant authority.

(12) In this section and in section 69E “financial year” means a period of 12 months ending with 31 March.]

Textual Amendments

F1 Pt. 5A inserted (1.4.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 57(2), 72(4); S.I. 2024/1337, art. 3(c)