Democracy and Boundary Commission Cymru etc. Act 2013

[F1 69D Functions relating to resettlement payments E+W

(1) A resettlement payment is a payment to a person who—

(a) ceases to be a member of a local authority at the end of their term of office,

(b) when in office was a member of a local authority of a description specified in regulations made by the Welsh Ministers,

(c) stands for re-election for membership of the same authority in the ordinary election of the local authority for the term following the term of office, and

(d) is not returned as a member at that election.

(2) The Commission must decide—

(a) the circumstances in which a local authority is required to make a resettlement payment;

(b) the circumstances in which a local authority is authorised to make a resettlement payment;

(c) the matters in respect of which a resettlement payment is payable.

(3) When making a decision under subsection (2) the Commission must set—

(a) the qualifying conditions for payment;

(b) the amount a local authority is required to pay;

(c) the maximum amount a local authority may pay to a member;

(d) a mechanism by which the amount of payments set under paragraph (b) or (c) may be increased or decreased;

(e) requirements on how payments are to be made (and their frequency).

(4) The Commission must make arrangements to review any decision it makes under subsection (2) and, if it thinks appropriate, may revise its decision.

(5) When making a decision under this section the Commission must take into account the likely financial impact of its decision on local authorities.

(6) When making a decision under subsection (2) the Commission may make different provision in relation to local authority members of different descriptions or different members of the same description.

(7) The Commission must make a decision under subsection (2) before each ordinary election of the local authority, beginning with the election that is to be held in May 2027 and must review the decision before each subsequent ordinary election.

(8) Subsection (7) applies only if the Welsh Ministers make regulations under subsection (1)(b).]

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)